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Home My WebLink AboutBayham Council Minutes 1995 COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO JANUARY 5, 1995 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 5, 1995 in the Council Chambers. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors, John E. Barclay, Wayne Casier, John Nezezon, Chief Building Official Dwayne Daniel, Clerk Treasurer Donald W. MacLeod and Road Superintendent James Gibbons. 1. CALL TO ORDER Reeve Chute called the meeting to order at 9:00 a.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Casier made a disclosure of pecuniary interest and the general nature thereof with respect to item 10(a). 3. MINUTES (a) Minutes from the regular Council meeting held December 15, 1994. Moved by W. Casier Seconded by J. Volkaert "THAT the minutes of December 15, 1994 be adopted as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 10:00 a.m. - Ray and Deniece Lounsbury application for an amendment to the Township Official Plan concerning Part Lot 20, Concession 7. Deniece Lounsbury was present to request Council's support for an Official Plan Amendment that would allow creation of one lot off their existing property at Part Lot 20, Concession 7. Mrs. Lounsbury informed Council that Scott Oliver of the Ministry of Agriculture, Food and Rural Affairs had verbally stated no objection to the proposal. Reeve Chute cautioned the Lounsbury's that the Official Plan Amendment process was time consuming and government agencies do sometimes change opinions on applications. He noted this process would take upwards of one year to complete. Council indicated support for the application. (b) 10:30 a.m. -Lloyd Cowan regarding Official Plan Amendment No. 92. Mr. Cowan appeared before Council to voice concern over the length of time it was taking the Ministry of Municipal Affairs to process the repeal of OPA No. 92. He asked Council if he should seek legal representation to speed up the process. The Clerk offered that this may hinder any future planning applications. He advised Mr. Cowan to wail another month, and if the OPA is not repealed, Mr. Cowan should meet with Council tc reassess the situation. COUNCIL MINUTES - 2 - January 5, 1995 (c) 11:00 a.m. - David Le Clair regarding agenda item 8(g). Mr. Le Clair did not attend. • (d) 11:30 a.m. - Raymond Weber, Ivan Weber Abraham Peters regarding a proposal to locate a church and school at Part Lot 7, Concession 8. Mr. Ivan Weber, spokesman for the group, appeared before Council to seek guidance on the process to be undertaken to locate a school and church at Part Lot 7, Concession 8. Mr. Weber informed Council this facility was needed as the present location in Calton does not have the necessary capacity. The Clerk outlined the Official Plan Amendment process and indicated it would, in all likelihood, take more than one year for provincial approval. He also added that building plans should be reviewed with the Elgin - St. Thomas Health Unit to ascertain the area required for the sewage disposal system. Council informed Mr. Weber they would support the application. (e) 1:30 p.m. - Mr. Jayson Youcke appeared before Council to request inclusion on the agenda. Council granted his request. Mr. Youcke enquired whether a building permit had been granted to Fred & Susan Hermann to reconstruct a dwelling on the lot owned by Susan Hermann. Mr. Youcke questioned whether this proposal was in contravention of the Zoning By-law setback requirements from grain drying operations. He noted that Council had refused an application from.Matt Schafer to permit the creation of a Rural Residential lot adjacent to Gerry Nelles. Reeve Chute informed Mr. Youcke the Zoning By-law permitted reconstruction of a dwelling provided that no setbacks are further lessened. He promised Mr. Youcke that Council would be vigilant in administration of this process. 5. TENDERS No items. 6. ACCOUNTS Moved by J. Barclay Seconded by W. Casier "THAT the cheques issued for the period ending January 3, 1995, be approved. AND THAT the accounts for the period ending January 15, 1995 be approved for payment." Disposition: Motion Carried Unanimously (a) Listing of cheques previously issued for the period ending January 3, 1995. (b) . , Listing of accounts for the period ending January 15, 1995. 7. PUBLIC MEETINGS No meetings scheduled. COUNCIL MINUTES - 3 - January 5, 1995 8. CORRESPONDENCE Moved by J. Barclay Seconded by J. Nezezon "THAT items 8(a), (b), (c), (d), (e), (1), (h), (i) and (j) be received and filed." Disposition: Motion Carried Unanimously (a) Copy of correspondence from the Ministry of Agriculture, Food & Rural Affairs to the Ministry of Municipal Affairs regarding Official Plan Amendment No. 98 (Hicks/Vanderpas). (Received and Filed) (b) Copy of correspondence from the Ministry of Agriculture, Food & Rural Affairs to the Ministry of Municipal Affairs regarding Official Plan Amendment No. 97 (Underhill). (Received and Filed) (c) Copy of correspondence from the Ministry of Agriculture, Food & Rural Affairs to the Ministry of Municipal Affairs regarding Official Plan Amendment No. 91 (Zacharias). (Received and Filed) (d) Copy of correspondence from the Ministry of Agriculture, Food & Rural Affairs to the Ministry of Municipal Affairs regarding Official Plan Amendment No. 95(Brackenbury). (Received and Filed) (e) C.L.E.A.N. (Caledon Looking for Environmental Alternatives Now) correspondence requesting support of a resolution regarding Bill 143 and the siting of megadumps. (Received and Filed) (f) Ministry of Natural Resources correspondence regarding 1995 Quotas for Lake Erie Commercial Fishing. (Received and Filed) (g) David Le Clair correspondence regarding the Township's Dog Licensing and Animal Control By-law (94-8). Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be deferred." Disposition: Motion Carried Unanimously (h) Mosey &Mosey correspondence regarding 1995 Renewal Rates for the County of Elgin County-Wide Group Insurance Benefit Program. (Received and Filed) (i) Ministry of Municipal Affairs correspondence regarding debt and financial obligation limits. (Received and Filed) (j) Ministry of Municipal Affairs correspondence regarding the Government's open local government and planning reform legislation - Bill 163. (Received and Filed) COUNCIL MINUTES - 4 - January 5, 1995 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Road Superintendent ( 1:30 p.m.). Mr. James Gibbons was present to advise Council on Road Department activities for the period ending January 5, 1995. Mr. Gibbons advised Council that Champion Road Machinery would not honour any warranties if recycled oil was used. Mr. Gibbons informed Council that brushing would start soon, in and around the Robertson Bridge. This was necessary to allow working space when the bailey bridge is to be installed. (b) Report from Township solicitor on costs agreement for Official Plan Amendment No. 100 (Straffordville Hamlet Extension). Moved by J. Nezezon Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (c) Memorandum from Clerk Treasurer regarding year end Tax Arrears status and Assessment data. Moved by J. Volkaert Seconded by W. Casier "THAT the memorandum be received and filed." Disposition: Motion Carried Unanimously (d) Memorandum from Chief Building Official regarding building permits issued in 1994. Moved by W. Casier Seconded by J. Barclay "THAT the memorandum be received and filed." Disposition: Motion Carried Unanimously (e) Report from Chief Building Official regarding building permits issued for the month ending December 31, 1994. Moved by W. Casier Seconded by J. Volkaert "THAT the building permits for the month of December be approved." Disposition: Motion Carried Unanimously (0 Report from Clerk Treasurer regarding 1995 Interim Tax Levy. Moved by J. Volkaert Seconded by W. Casier "THAT a by-law be given three readings to set interim mill rate at 176 mills. Disposition: Motion Carried Unanimously COUNCIL MINUTES - 5 - January 5, 1995 10. REPORTS OF COUNCIL AND COMMITTEES (a) Report from Reeve Chute regarding abandoned CP Rail Right-of-Way. Reeve Chute informed Council that a meeting was held with Reeve Tom Nesbitt of Port Burwell, Mayor Cam McKnight of Tillsonburg and Warden Ed Down of Oxford County to discuss alternatives for the purchase of the abandoned CP Rail Right-of-Way. Reeve Chute noted that he informed all parties that Bayham Township wished to proceed with the purchase of the line. He also added that Council would consider including other municipalities in the purchase if financial contributions were made. All parties did express interest in this type of arrangement, however, it was agreed that various alternatives must be explored prior to committing any funds. Moved by J. Volkaert Seconded by J. Nezezon "THAT the Interministerial Committee on Abandoned Rail Rights-of-Way be advised the Council of the Township of Bayham has an interest in exploring the possible purchase of the CP Rail Right-of-Way. AND THAT the Committee be requested to attend a meeting with the Township Council." Disposition: Motion Carried Unanimously (b) Deputy Reeve Volkaert reported that he and Councilor Barclay attended a meeting with representatives from Port Burwell and Vienna to discuss operations at the Township Transfer Station. This working group reviewed charges levied at other area landfills and transfer stations and compiled the following list of proposed charges. Shingles, plaster and non-recyclable building materials $40.00 /ton Washers, dryers, fridges, stoves and hot water tanks $10.00 each Chesterfields and sofas $10.00 each Box springs and mattresses $5.00 each Upholstered chairs $5.00 each TV sets - any size $5.00 each In addition, it was agreed that no fee would be charged for regular household waste brought to the transfer station. 11. APPLICATIONS No items. 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Ministry of Municipal Affairs correspondence regarding 1995 Ontario-Quebec Municipal Student Exchange Program. (December 15, 1994) (b) The County of Elgin Land Division Committee notice of a public meeting regarding application#E168/94 submitted by George and Margaret Gilvesy concerning Part Lot 22, Concession 8. (December 15, 1994) COUNCIL MINUTES - 6 - January 5, 1995 (c) The County of Elgin Land Division Committee notice of a public meeting regarding application#E169/94 submitted by George and Margaret Gilvesy concerning Part Lot 22, Concession 8. (December 15, 1994) (d) The County of Elgin Land Division Committee notice of a public meeting regarding application#E170/94 submitted by George and Margaret Gilvesy concerning Part Lot 22, Concession 8. (December 15, 1994) (e) The County of Elgin Land Division Committee notice of a public meeting regarding application#E171/94 submitted by George and Margaret Gilvesy concerning Part Lot 22, Concession 8. (December 15, 1994) (f) Kathy and Kevin Bradfield correspondence requesting that a section of Mill Street be stopped up, closed and sold. (December 15, 1994) Moved by J. Volkaert Seconded by W. Casier "THAT Kathy & Kevin Bradfield be advised the Council of the Township of Bayham hereby refuses the request to close a section of Mill Street." Disposition: Motion Carried Unanimously 13. OTHER BUSINESS No items. 14. BY-LAWS 95-1 1995 Borrowing By-law - A by-law to authorize the borrowing of up to $2,734,000) 95-2 1995 Interim Levy By-law - A by-law to provide for an interim levy prior to the adoption of the estimates for the year 1995 95-3 Confirming By-law Moved by J. Volkaert Seconded by W. Casier "THAT by-laws 95-1 and 95-2 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT by-law 95-1 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by J. Nezezon "THAT by-law 95-3 be taken as read a first and second time." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 7 - January 5, 1995 Moved by J. Nezezon Seconded by W. Casier "THAT by-law 95-3 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by J. Nezezon Seconded by W. Casier "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously ED . �---. /1)/11 REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO JANUARY 19, 1995 7:30 P.M. The regular meeting of the Council of the Township of Bayham was held at 7:30 p.m. on Thursday, January 19, 1995 in the Council Chambers. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors, John E. Barclay, Wayne Casier, John Nezezon, Chief Building Official Dwayne Daniel, Clerk Treasurer Donald W. MacLeod and Road Superintendent James Gibbons. 1. CALL TO ORDER Reeve Chute called the meeting to order at 7:30 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AM) THE GENERAL NATURE THEREOF 3. MINUTES (a) Minutes from the regular Council meeting held December 22, 1994 and January 5, 1995. (b) Minutes from the regular Council meeting held January 5, 1995. Moved by J. Volkaert Seconded by W. Casier "THAT the minutes of December 22, 1994 and January 5, 1995, be adopted as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:15 p.m. -Marty Kelly from Tillsonburg District Memorial Hospital regarding Oxford Hospitals Planning Study review. (See attached correspondence) Mr. Brian Butterwick, Mr. Jim Spencer, Mr. Vandenburg and Doctor Dalby from Tillsonburg District Memorial Hospital appeared to advise Council on information contained in a report reviewing Oxford County's hospitals. Mr. Butterwick noted the report called for amalgamation of the three volunteer hospital boards to one county-wide board. This board would be comprised of Oxford County residents only, and would not include any representatives from Elgin County. Dr. Dalby noted that TDMH is run in an efficient manner, and, in his opinion shared governance would decrease efficiency at TDMH. All three strongly urged the Township to inform the Oxford Hospital's Planning Consultants (Carolyn Sherk Consultants Ltd.), Thames Valley District Health Council, Minister of Health and Peter North, MPP, Elgin, the report, if adopted, could have serious repercussions on health care for users of Tillsonburg District Memorail Hospital. Moved by J. Volkaert Seconded by W. Casier "WHEREAS the Oxford Hospitals Planning Study is presently reviewing hospital services in Oxford County; COUNCIL MINUTES - 9 - January 19, 1995 AND WHEREAS two of the goals of the Study are to identify opportunities for amalgamating or reorganizing service among hospitals in Oxford; and explore the feasibility of shared governance; AND WHEREAS Tillsonburg District Memorial Hospital serves the citizens of Bayham Township. AND WHEREAS the Government of Ontario, Ministry of Health, District Health Council and the Oxford Hospitals Steering Committee and Consultants support the strong demand for more community input in decisions affecting them; THEREFORE BE IT RESOLVED THAT the Council of the Township of Bayham inform the Oxford Hospital's Planning Consultants (Carolyn Sherk Consultants Ltd.), Thames Valley District Health Council, Minister of Health and Peter North, MPP that: 1. there should not be any rationalization of services unless it can be demonstrated that the level and quality of service essential to the Tri-County Area will be improved or maintained with tangible economic benefit. 2. we strongly disagree with the concept of shared governance (one county hospital board, one administration and one medical staff for the three Oxford County Hospitals), because we firmly believe it would be detrimental to the residents in the Tri-County Area served by the Tillsonburg District Memorial Hospital. AND THAT the resolution be forwarded to the County of Elgin for endorsement." Disposition: Motion Carried Unanimously (b) 8:00 p.m. - Rick Fitch regarding proposed severance. Mr. Rick Fitch appeared before Council to present a proposal to create a retirement lot at his property located in Lot 5, Concession 8. Reeve Chute informed Mr. Fitch of the requirements for obtaining a retirement lot and advised him an application for a zone change would have to be filed. Council indicated support for Mr. Fitch's proposal. (c) 8:30 p.m. - Giovini Vandevyvere regarding property tax arrears. Mrs. Vandevyvere did not appear before Council. (d) 9:00p.m. -Mr. Henry Klassen regarding proposed development of an automobile service garage at Lot 23, Plan 205. Mr. Henry Klassen appeared before Council to seek permission to construct an automobile service garage at his property located at Lot 23, Plan 205, Straffordville. Moved by J. Volkaert Seconded by W. Casier "THAT Henry Klassen be advised the Council of the Township of Bayham is not in support of a proposal to locate a public garage at 10 Main Street as this area is predominantly residential in nature and a commercial would be incompatible with existing uses." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 10 - January 19, 1995 5. TENDERS No items. 6. ACCOUNTS (a) Listing of cheques previously issued for the period ending January 16, 1995. (b) Listing of accounts for the period ending January 31, 1995. Moved by J. Barclay Seconded by W. Casier "THAT the cheques issued for the period ending December 12, 1994 be approved.' AND THAT the accounts for the period ending December 23, 1994 be approved for payment." Disposition: Motion Carried Unanimously 7. PUBLIC MEETINGS No meetings scheduled. 8. CORRESPONDENCE Moved by J. Volkaert Seconded by W. Casier "THAT items 8(e), (f), (g), (h), (i), (j), (k), and (1) be received and filed." Disposition: Motion Carried Unanimously (a) The County of Elgin Land Division Committee notice of a public meeting regarding application #E188/94 submitted by John & Elizabeth Keszler concerning Lot 1, Concession 3. 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 #E188/94 subject to the following the applicant making a $500.00 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously (b) The County of Elgin Land Division Committee notice of a public meeting regarding application #E189/94 submitted by John & Elizabeth Keszler concerning Lot 1, Concession 3. 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 #E189/94 subject to the COUNCIL MINUTES - 11 - January 19, 1995 following the applicant making a $500 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously (c) The County of Elgin Land Division Committee notice of a public meeting regarding application #E190/94 submitted by John & Elizabeth Keszler concerning Lot 1, Concession 3. 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#E190/94 subject to the following the applicant making a $500 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously (d) County of Elgin Land Division Committee notice of a public meeting regarding application #E178/94 submitted by Mathew A. Schafer Limited concerning Lot 127, Concession N.T.R. 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 #E178194 subject the following conditions: 1. That the applicant make a $500 cash payment to the Township in lieu of parkland dedication. 2. That the severed parcel be rezoned so as to permit the intended use. Disposition: Motion Carried Unanimously (e) Long Point Region Conservation Authority circulation of minutes of a meeting held December 7, 1994. (Received and Filed) (f) The Canadian National Institute for the Blind correspondence requesting financial assistance. (Received and Filed) (g) Ministry of Agriculture, Food and Rural Affairs correspondence regarding Official Plan Amendment No. 100. (Straffordville Hamlet Extension) (Received and Filed) (h) Ministry of Municipal Affairs correspondence regarding Official Plan Amendment No. 94. (Lloyd Cowan) (Received and Filed) (i) Canadian Imperial Bank of Commerce correspondence regarding change of hours at Straffordville CIBC branch. (Received and Filed) (j) Copy of correspondence from the Elgin - St. Thomas Health Unit to Mr. Henry Klassen regarding disposal of laundry waste. (Received and Filed) COUNCIL MINUTES - 12 - January 19, 1995 (k) Ministry of Agriculture, Food and Rural Affairs correspondence regarding various 1995 drainage matters. (Received and Filed) (1) Ontario Property and Environmental Rights Alliance correspondence regarding Bill 163. (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Clerk Treasurer regarding Committee of Adjustment appointment by-law. Moved by J. Barclay Seconded by J. Nezezon "THAT a by-law be given three readings to appoint Wayne Casier, Joe Volkaert, Lew Acre, Ron Chatten and Rose Laemers to serve on the Township of Bayham Committee of Adjustment." Disposition: Motion Carried Unanimously (b) Report from Clerk Treasurer regarding G. & C. Bechard Sales and Service Site Plan Control Agreement. Moved by W. Casier Seconded by J. Nezezon "THAT a by-law be given three readings to authorize the Reeve and Clerk to enter into a Site Plan Control Agreement with G. & C. Bechard Sales and Service Limited." Disposition: Motion Carried Unanimously (c) Report from Clerk Treasurer regarding Bailey Bridge purchase. Moved by W. Cagier Seconded by J. Nezezon "THAT a by-law be given three readings to authorize the Reeve and Clerk to execute the necessary documents to allow for the purchase of a Bailey Bridge from the Ministry of Transportation." Disposition: Motion Carried Unanimously (d) Report from Personnel Management Associates regarding a personnel matter. Moved by J. Volkaert Seconded by W. Casier "THAT the report from Personnel Management Associates is hereby confirmed and adopted as the Pay Equity Plan for the Township of Bayham and that the Treasurer be authorized to make a $2000.00 payment to Diana Norris. Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES No items. COUNCIL MINUTES - 13 - January 19, 1995 11. APPLICATIONS (a) Ray and Deniece Lounsbury application for an amendment to the Township Official Plan concerning Part Lot 20, Concession 7. Moved by W. Casier Seconded by J. Volkaert "THAT the application of Ray and Deniece Lounsbury for an amendment to the Township Official Plan to change the designation to Rural - Estate Residential on Part Lot 20, Concession 7 be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Ministry of Municipal Affairs correspondence regarding 1995 Ontario-Quebec Municipal Student Exchange Program. (December 15, 1994) (b) The County of Elgin Land Division Committee notice of a public meeting regarding application#E168/94 submitted by George and Margaret Gilvesy concerning Part Lot 22, Concession 8. (December 15, 1994) (c) The County of Elgin Land Division Committee notice of a public meeting regarding application#E169/94 submitted by George and Margaret Gilvesy concerning Part Lot 22, Concession 8. (December 15, 1994) (d) The County of Elgin Land Division Committee notice of a public meeting regarding application#E170/94 submitted by George and Margaret Gilvesy concerning Part Lot 22, Concession 8. (December 15, 1994) (e) The County of Elgin Land Division Committee notice of a public meeting regarding application#E171/94 submitted by George and Margaret Gilvesy concerning Part Lot 22, Concession 8. (December 15, 1994) (f) David Le Clair correspondence regarding the Township's Dog Licensing and Animal Control By-law (94-8). (January 5, 1995) 13. OTHER BUSINESS 14. BY-LAWS 95-4 A by-law to authorize the Reeve and Clerk to enter into a Site Plan Control Agreement with G. & C. Bechard Sales and Service Limited. 95-5 A By-law to appoint a Committee of Adjustment for the Township of Bayham. 95-6 A by-law to authorize the Reeve and Clerk to enter into an agreement with Her Majesty the Queen in right of Ontario (Ministry of Transportation) for the purchase of a Temporatry Modular Bridge. 95-7 Confirming By-law COUNCIL MINUTES - 14 - January 19, 1995 Moved by W. Casier Seconded by J. Volkaert "THAT by-laws 95-4, 95-5 and 95-6 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by J. Nezezon "THAT by-laws 95-4, 94-5 and 95-6 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 95-7 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Nezezon "THAT by-law 95-7 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by J. Volkaert Seconded by W. Casier "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously , • asCV . REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO FEBRUARY 2, 1995 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 2, 1995 in the Council Chambers. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councilors, John E. Barclay, Wayne Casier, Iohn 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 TILE GENERAL NATURE THEREOF Councillor Casier noted disclosure of pecuniary interest and the general nature thereof with respect to agenda item 8(b) and departed from the Council Chambers. 3. MINUTES (a) Minutes from the regular Council meeting held January 19, 1995. Moved by J. Barclay Seconded by W. Casier "THAT the minutes of January 19, 1995 be adopted as amended." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 10:00 a.m. - Timothy Emerson regarding a proposal to operate a business at Part Lot 9 & 10, Concession 3. Mr. Tim Emerson appeared before Council to receive direction on municipal approvals required to operate a canoe outfitting business on his property located at Part Lots 9 & 10, Concession 3. Mr. Emerson advised Council he would provide canoes and transportation to start points along Big Otter Creek. He also noted that as part of the business a parcel of land retired from farming would be used as a picnic area for canoeists. The Clerk noted that a commercial picnic area or campground would require a zone change to Open Space. (b) 10:30 a.m. - George Gilvesy regarding agenda items 12(a), (b), (c) and (d). Mr. Gilvesy appeared before Council to discuss proposed consents in the hamlet of Eden. Mr. Gilvesy presented a sketch to Council indicating that 2 lots were to be created along Highway 19 and three lots off an internal road. He noted that this proposal was approved by the Ministry of Transportation. Reeve Chute questioned whether a cul-de- sac would be required to allow a turning radius for Township vehicles. It was also noted the easterly lot did not have sufficient frontage required for the Hamlet Residential zone. Council indicated support for the proposal, however, they noted the applicant would have to enter into a develop agreement with the Township for the provision certain municipal services as well as constructing a road to municipal specifications. COUNCIL MINUTES - 16 - February 2, 1995 5. TENDERS (a) 11:00 a.m. - Proposed extension of Straffordville streetlighting system east of CP Rail right-of-way. The Clerk advised Council that 3 tenders were received for the proposed extension of the Straffordville streetlighting system. Bids were received from the following: Koolen Electric $1,816.86 Gordon A. Smith & Son $1,776.20 Shackelton Electric Inc. $1,475.00 The Clerk advised Council that each bid differed slightly in the equipment quoted on and this should be reviewed and presented to Council at the February 14, 1995, meeting. 6. ACCOUNTS (a) Listing of accounts for the period ending February 15, 1995. Moved by W. Casier Seconded by J. Volkaert "THAT the accounts for the period ending February 15, 1995 be approved for payment." Disposition: Motion Carried Unanimously 7. PUBLIC MEETINGS See attached agenda. Moved by J. Nezezon Seconded by J. Barclay "THAT Council meeting be adjourned for the purpose of holding a public meeting pursuant to the provisions of the Planning Act." Disposition: Motion Carried Unanimously (a) An application submitted by G. & C. Bechard Sales and Services Ltd. for an amendment to the Township Zoning By-law to change the zoning from Future Development (FD) to Rural Industrial (M2) concerning Part Lot 125, Concession N.T.R. Moved by J. Nezezon Seconded by J. Barclay 1. CALL TO ORDER Reeve Chute called the meeting to order at 9:00 a.m. and advised Council the purpose of the meeting was to receive public input on an application for an amendment to the Township Zoning By-law submitted by G. & C. Bechard Sales and Service Ltd. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. COUNCIL MINUTES - 17 - February 2, 1995 3. APPLICATIONS (a) An application submitted by G. & C. Bechard Sales and Services Ltd. for an amendment to the Township Zoning By-law to change the zoning from Future Development (FD) to Rural Industrial (M2) concerning Part Lot 125, Concession N.T.R. i) Staff Report The Clerk advised Council the purpose of the application is to amend the Zoning By-law to change the zoning to Rural Industrial to permit construction of a storage building that would be used in conjunction with an existing industrial use on property owned by G. & C. Bechard Sales and Services Ltd, ii) Pretjentation By Applicant The applicants agent, Mr. Jack Petrie, was present to answer any question of Council. iii) Public Comments No member of the public appeared to comment on the proposal. The Reeve noted that Mr. Paul Szorenyi had contacted him and stated he would not object to the proposal, however, he did advise request that Council take into consideration his comments made at the November 17, 1994, Public Meeting. The Clerk advised that the Elgin - St. Thomas Health Unit and the Miristry of Natural Resources replied with no objection to the proposal. These were the only comments received from any of the agencies or ministries circulated. iv) Council Questions and Discussions In reply to Deputy Reeve Volkaert's question Mr. Petrie advised that he would review the list of items that would be stricken from the permitted uses in the Rural Industrial Zone. Note: Mr. Petrie returned to the meeting to advise Council that the Bechards had no objection to list of items that to be stricken from the permitted uses in the Rural Industrial Zone. 4. ADJOURNMENT Moved by W. Casier Seconded by J. Volkaert "THAT the Public Meeting be adjourned." Disposition_ Motion Carried Unanimously 8. CORRESPONDENCE Moved by J. Barclay Seconded by J. Nezezon "THAT items 8(a), (b), (g), (h), (i), (1), (m), and (o) be received and filed." Disposition_ Motion Carried Unanimously (a) Long Point Region Conservation Authority correspondence regarding per diems paid to Bayham Township's representative on the LPRCA. (Received and Filed) COUNCIL MINUTES - 18 - February 2, 1995 (b) Long Point Region Conservation Authority circulation of Draft Minutes of the steering committee for the Port Burwell to Burford abandoned railway right-of-way meeting held on January 12, 1995. (Received and Filed) (c) Long Point Region Conservation Authority notice of a meeting for the Lower Big Otter Remedial Plan Group. Moved by J. Volkaert Seconded by W. Casier "THAT John Nezezon be appointed to serve on the Lower Big Otter Remedial Project Committee." Disposition: Motion Carried Unanimously (d) Ministry of Transportation correspondence regarding petition for subsidy for construction of reconstruction of sidewalks along Provincial Highways or County Roads. Moved by W. Casier Seconded by J. Volkaert "THAT the Clerk Treasurer be authorized to submit an application for funding to the Ministry of Transportation for reconstruction of sidewalks in Bayham Township." Disposition: Motion Carried Unanimously (e) Tillsonburg & District Multi-Service Centre request for financial assistance. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be deferred to 1995 budget deliberations." Disposition: Motion Carried Unanimously (t) Aylmer & East Elgin Agricultural Society request for financial assistance. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be deferred to 1995 budget deliberations." Disposition: Motion Carried Unanimously (g) Village of Vienna correspondence regarding appointment of a member to serve on the Long Point Region Conservation Authority. (Received and Filed) (h) Copy of correspondence from the Village of Port Burwell to the Long Point Region Conservation Authority regarding appointment of a member to serve on the Long Point Region Conservation Authority. (Received and Filed) (i) Ministry of Municipal Affairs correspondence regarding legislative changes. (Received and Filed) COUNCIL MINUTES - 19 - February 2, 1995 (j) Ministry of Housing correspondence regarding Risk Management Seminars. Moved by J. Nezezon Seconded by W. Casier "THAT Dwayne Daniel & Don MacLeod be authorized to attend a Municipal Risk Management seminar." Disposition: Motion Carried Unanimously (k) Ministry of Municipal Affairs correspondence regarding Official Plan Amendment No 97. (Keith Underhill) Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be deferred." Disposition: Motion Carried Unanimously (1) Elgin County Board of Education correspondence regarding a meeting of the Municipal Liaison Committee. (Received and Filed) (m) Environment Canada correspondence regarding Lakewide Management Plan for Lake Erie. (Received and Filed) (n) Straffordville Group Committee request for financial assistance. Moved by J. Barclay Seconded by J. Nezezon "THAT the correspondence be deferred to 1995 budget deliberations." Disposition: Motion Carried Unanimously (o) Copy of correspondence from the Ministry of Transportation to George Gilvesy regarding consent applications 11E169/94, #E170/94 and #E171/94. (Received and Filed) (p) The County of Elgin Land Division Committee notice of a public meeting regarding application #E2/95 submitted by Thomas & Robert Carrel concerning Part Lot 2, Concession 2. 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 #E2/95 subject to the following the applicant making a $500 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 20 - February 2, 1995 (q) The County of Elgin Land Division Committee notice of a public meeting regarding application #E9/95 submitted by Paul & Jose DePlancke concerning Part Lot 16 & 17, Concession 8. 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 #E8/95 subject to the applicant making a $500 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Road Superintendent ( 9:30 a.m.). Due to illness Mr. Gibbons was unable to attend the meeting. (b) Report from Township engineer regarding Eden Drain relocation. Moved by J. Volkaert Seconded by W. Casier "THAT the Long Point Region Conservation Authority be advised the Township of Bayham intends to proceed with relocation of the Eden Drain in Part Lot 23, Concession 9." Disposition: Motion Carried Unanimously (c) Report from Township engineer regarding a revised Schedule of Assessment for the Eden Drain. Moved by J. Barclay Seconded by J. Nezezon "THAT the revised Schedule of Assessments for the Eden Drain is hereby adopted." Disposition: Motion Carried Unanimously (d) Memorandum from Clerk Treasurer regarding 1994 Council Remuneration and Expenses. "THAT the memorandum be received and filed." D' position: Motion Carried Unanimously (e) Report from Clerk Treasurer regarding tax arrears. Moved by J. Volkaert Seconded by W. Casier "THAT the Treasurer be authorized to commence tax sale procedures on April 1, 1995, on those properties having tax arrears of 3 years or greater." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 21 - February 2, 1995 10. REPORTS OF COUNCIL AND COMMITTEES (a) Councillor Barclay advised Council that the Bayham Parks, Recreation and Community Centre Board had met recently and one item of discussion was a proposal to install a heating/cooling system at the Bayham Community Centre. A Committee was formed to obtain prices for the renovations. Mr. Barclay noted that prices ranged widely in price and scope of work. For this reason he asked that Council consider appointing an engineer to prepare a needs study, Moved by J. Nezezon Seconded by W. Casier "THAT Smylie & Crow Consulting Engineers be retained to prepare a heating/cooling needs study for the Bayham Community Centre." Disposition; Motion Carried Unanimously 11. APPLICATIONS No items. 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) The County of Elgin Land Division Committee notice of a public meeting regarding application#E168/94 submitted by George and Margaret Gilvesy concerning Part Lot 22, Concession 8. (December 15, 1994) (b) The County of Elgin Land Division Committee notice of a public meeting regarding application#E169/94 submitted by George and Margaret Gilvesy concerning Part Lot 22, Concession 8. (December 15, 1994) (c) The County of Elgin Land Division Committee notice of a public meeting regarding application#E170/94 submitted by George and Margaret Gilvesy concerning Part Lot 22, Concession 8. (December 15, 1994) (d) The County of Elgin Land Division Committee notice of a public meeting regarding application#E171/94 submitted by George and Margaret Gilvesy concerning Part Lot 22, Concession 8. (December 15, 1994) 13. OTHER BUSINESS No items 14. BY-LAWS Z321-95 A by-law to amend By-law No. 2387. (G. & C. Bechard Sales & Service Ltd.) 95-7 Confirming By-law COUNCIL MINUTES - 22 - February 2, 1995 Moved by W. Casier Seconded by J. Volkaert "THAT by-law Z321/95 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier "THAT by-law Z321/95 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 95-8 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by J. Nezezon "THAT by-law 95-8 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by J. Nezezon Seconded by W. Casier "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously IOW te4 i r• REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO FEBRUARY 16, 1995 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 16, 1995 in the Council Chambers. Present were, Reeve D. 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 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 8(i). 3. MINUTES (a) Minutes from the regular Council meeting held February 2, 1995. Moved by W. Casier Seconded by J. Volkaert "THAT the minutes of February 2, 1995, be adopted as amended." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:30 p.m. -Wilhelm Zacharias regarding a proposal to establish an automobile wrecking establishment at Part Lot 8, Concession 5. Mr. Wilhelm Zacharias appeared before Council to request permission to locate an automobile wrecking yard at Part Lot 8, Concession 5. Mr. Zacharias did not provide a map to Council. Reeve Chute recommended that Mr. Zacharias contact his real estate agent to obtain a map and an accurate legal description of the property in question. Reeve Chute also advised Mr. Zacharias that he would need an Official Plan Amendment to establish such a facility. He also noted that approvals from various ministries would also be required and may be difficult to obtain. 5. TENDERS (a) 7:00 p.m. - Township Fireball tender opening. Kevin Mclllmurray of Spriet Associates was present to open tenders for the new Township Firehall. Mr. Mclllmurray advised Council that 13 tenders (listed below)were submitted. Reid & Deleye Contractors Ltd. $380,233.93 Mycon Construction $407,161.75 Grassmere Construction $414,721.00 Robert Bice Construction $417,300.00 London General Contractors Ltd. $430,140.00 COUNCIL MINUTES - 24 - February 16, 1995 Hendricks Construction Inc. $430,354.00 Bronnenco Construction Ltd. $430,557.00 K & L Construction (Ontario) Ltd. $430,568.00 Cogent Construction Inc. $435,490.00 H.I.R.A. Limited $436,001.00 Strybosch Construction Company Limited $452,863.59 W.H. Loyens Construction $476,150.00 County Contracting of Wheatley Incorporated $479,155.00 Mr. ' Mclllmurray reviewed the low tender submitted by Reid & Deleye and recommended to Council that the tender be accepted. Moved by W. Casier Seconded by J. Nezezon "THAT the tender bid submitted by Reid &Deleye in the amount of$380,233.92 for the construction of a new Township Fireball be accepted." Disposition: Motion Carried Unanimously 6. ACCOUNTS (a) Listing of accounts for the period ending February 28, 1995. (b) Listing of cheques previously issued for the period ending February 15, 1995. Moved by J. Volkaert Seconded by J. Barclay "THAT the accounts for the period ending February 28, 1995, be approved for payment. AND THAT the cheques issued for the period ending February 15, 1995, be approved." Disposition: Motion Carried Unanimously 7. PUBLIC MEETINGS No meetings scheduled. 8. CORRESPONDENCE Moved by J. Volkaert Seconded by J. Barclay "THAT items 8(a), (c), (f), (g), (h), (i), (j), and (k) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of Municipal Affairs correspondence regarding Official Plan Amendment No. 100. (Received and Filed) COUNCIL MINUTES - 25 - February 16, 1995 (b) Ministry of Agriculture, Food &Rural Affairs correspondence regarding appointment of a Weed Inspector for 1995. Moved by W. Casier Seconded by J. Volkaert "THAT Fred Probst is hereby appointed as the Weed Inspector for the Township of Bayham." Disposition) Motion Carried Unanimously (c) Ministry of Municipal Affairs correspondence regarding 1995 annual conference. (Received and Filed) (d) Tillsonburg Tri-County Agricultural Society request for financial assistance. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be deferred to 1995 budget deliberations." Disposition: Motion Carried Unanimously (e) Copy of correspondence from Soreny Farms Ltd. to the County of Elgin Land Division Committee regarding consent applications E127/94 and E129/94. Moved by J. Barclay Seconded by J. Nezezon "THAT the Clerk Treasurer be authorized to withdraw the appeal against Consent Submission No. E128194 of the County of Elgin Land Division Committee subject to confirmation from the Land Division Committee that the applicant has withdrawn applications E127/94 and E129/94." Disposition: Motion Carried Unanimously (f) Copy of correspondence from Soreny Farms Ltd. to the Ontario Municipal Board regarding consent applications E127/94, E128/94 and E129/94. (Received and Filed) (g) David&Kathy Le Clair correspondence regarding dogs running at large. (Received and Filed) (h) Long Point Region Conservation Authority circulation of minutes of a meeting held January 5, 1995. (Received and Filed) (i) Long Point Region Conservation Authority correspondence regarding CP Rail right-of- way. (Received and Filed) Councillor Casier departed the Council Chambers during discussion of this issue. (j) Long Point Region Conservation Authority correspondence regarding 1995 annual meeting. (Received and Filed) COUNCIL MINUTES - 26 - February 16, 1995 (k) Elgin Municipal Association correspondence regarding 1995 annual meeting. (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Clerk Treasurer regarding proposed expansion of the Straffordville Streetlight System. Moved by J. Volkaert Seconded by W. Casier "THAT the report be received and filed." 10. REPORTS OF COUNCIL AND COMMITTEES (a) Deputy Reeve Volkaert reported to Council that the Transfer Station Review Committee met on February 13, 1995, to discuss the imposition of user fees at the Transfer Station. The Clerk advised Council a report would be prepared for the next meeting. (b) Correspondence to Committee of the Whole regarding a matter of impending litigation. Moved by J. Volkaert Seconded by J. Barclay "THAT the Council do now rise to enter into Committee of the Whole to consider a matter of impending litigation." Disposition: Motion Carried Unanimously Council, at this point, rose and entered into Committee of the Whole to deal with a matter of impending litigation. Moved by J. Nezezon Seconded by J. Barclay "THAT the Committee of the Whole do now rise without reporting." Disposition: Motion Carried Unanimously 11. APPLICATIONS (a) George Lysy & Steve Sas application for an amendment to the Township Zoning By-law concerning Part Lot 123, Concession N.T.R. Moved by J. Volkaert Seconded by W. Casier "THAT the application of George Lysy and Steve Sas for an amendment to the Township Zoning By-law be accepted and forwarded to the Township Planning Consultant." Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS No items. COUNCIL M NUTES - 27 - February 16, 1995 13. OTHER BUSINESS No items. 14. BY-LAWS 95-9 A by-law to authorize the supplementary downsizing benefits under to Ontario Municipal Employees Retirement System. 95-10 A by-law to appoint Lynn Buchner as Deputy Treasurer/Tax Collector. 95-11 Confirming By-law Moved by J. Volka.ert Seconded by J. Nezezon "THAT by-laws 95-9 and 95-10 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by J. Barclay "THAT by-laws 95-9 and 95-10 be taken as read a third time and finally passed." Moved by J. Barclay Seconded by W. Casier "THAT by-law 95-11 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by W. Casier "THAT by-law 95-11 be taken as read a third time and finally passed." 15. ADJOURNMENT Moved by W. Casier Seconded by J. Nezezon "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously fr. / REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO MARCH 2, 1995 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 2, 1995 in the Council Chambers. Present were, 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 In the absence of the Reeve, Deputy Reeve Volkaert called the meeting to order at 9:00 a.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Barclay made a disclosure of pecuniary interest and the general nature thereof with respect to item 4(a). 3. MINUTES (a) Minutes from the regular Council meeting held February 16, 1995. Moved by J. Barclay Seconded by J. Nezezon "THAT the minutes of February 16, 1995, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 10:00 a.m. - Tom Wells of Straffordville Lions Club regarding proposed pavilion at the Bayham Community Centre. Mr. Tom Wells from the Straffordville Lions Club appeared before Council regarding the erection of a pavilion at the Bayham Community Centre. Mr. Wells informed Council the size of the structure was 48' x 30' with an estimated cost of approximately $14,850. In order to assist the Lions Club in paying for the pavilion it was requested that the Township be requested to donate 1/3 of the total cost. Deputy Reeve Volkaert advised Mr. Wells that Council would consider this request as part of the budget process. 5. TENDERS No items. 6. ACCOUNTS (a) Listing of accounts for the period ending March 15, 1995. (b) Listing of cheques previously issued for the period ending March 2, 1995. COUNCIL MINUTES - 29 - March 2, 1995 Moved by W. Casier Seconded by J. Barclay "THAT the accounts for the period ending March 15, 1995 be approved for payment." AND THAT the cheques issued for the period ending March 2, 1995, be approved." Disposition: Motion Carried Unanimously 7. PUBLIC MEETINGS No meetings scheduled. 8. CORRESPONDENCE Moved by W. Casier Seconded by J. Barclay "THAT items 8(b), 8(c), 8(d), 8(e) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of Transportation correspondence regarding 1995 subsidy allocation. Moved by J. Barclay Seconded by W. Casier "THAT the Treasurer be authorized to submit a program of 1995 proposed road expenditures in the amount of $ . AND THAT the Township of Bayham hereby requests a supplementary allocation of subsidy monies for work on roads under its jurisdiction to support estimated expenditures of$240,000.00 to be spent as follows and in accordance with The Public Transportation and Highway Improvement Act. 1. Purchase of a new tandem dump truck ($110,000). 2. Purchase of a temporary modular bridge from the Ministry of Transportation and installation of the bridge on the Road Allowance between Lots 122 and 123, Concession N.T.R. ($130,000). Disposition: Motion Carried Unanimously (b) Ron Eddy, M.P.P. correspondence regarding Township resolution concerning Oxford Hospitals Planning Study. (Received and Filed) (c) Association of Municipalities of Ontario correspondence regarding invoices for supplementary assessments. (Received and Filed) (d) Association of Municipalities of Ontario correspondence regarding Bill 163. (Received and Filed) COUNCIL MINUTES - 30 - March 2, 1995 (e) Long Point Region Conservation Authority circulation of minutes from a meeting held February 1, 1995. (Received and Filed) (f) County of Elgin Land Division Committee notice of a public meeting regarding application#E16/95 submitted by George and Margaret Gilvesy concerning Part Lot 22, Concession 8. 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 #E16/95 subject to the following conditions: 1. That the applicant make a $500 cash payment to the Township in lieu of parkland dedication. 2. That the severed parcel be rezoned so as to permit the intended use. 3. That the applicant enter into a development agreement with the Township." Disposition: Motion Carried Unanimously (g) County of Elgin Land Division Committee notice of a public meeting regarding application#E17/95 submitted by George and Margaret Gilvesy concerning Part Lot 22, 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 #E17/95 subject to the following conditions: 1. That the applicant make a $500 cash payment to the Township in lieu of parkland dedication. 2. That the severed parcel be rezoned so as to permit the intended use. 3. That the applicant enter into a development agreement with the Township." Disposition: Motion Carried Unanimously (h) County of Elgin Land Division Committee notice of a public meeting regarding application#E18/95 submitted by George and Margaret Gilvesy concerning Part Lot 22, 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 #E18/95 subject to the following conditions: 1. That the applicant make a $500 cash payment to the Township in lieu of parkland dedication. 2. That the severed parcel be rezoned so as to permit the intended use. COUNCIL MINUTES - 31 - March 2, 1995 3. That the applicant enter into a development agreement with the Township. 4. That the applicant be required to dedicate land for road purposes." Disposition: Motion Carried Unanimously (i) County of Elgin Land Division Committee notice of a public meeting regarding application #E19195 submitted by George and Margaret Gilvesy concerning Part Lot 22, Concession 8. 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 #E19/95 subject to the following conditions: 1. That the applicant make a $500 cash payment to the Township in lieu of parkland dedication. 2. That the severed parcel be rezoned so as to permit the intended use. 3. The applicant enter into a development agreement with the Township." 4. That the applicant be required to dedicate land for road purposes." Disposition: Motion Carried Unanimously (j) County of Elgin Land Division Committee notice of a public meeting regarding application#E20195 submitted by George and Margaret Gilvesy concerning Part Lot 22, Concession 8. Moved by J. Barclay 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 #E20195 subject to the following conditions: 1. That the applicant make a $500 cash payment to the Township in lieu of parkland dedication. 2. That the severed parcel be rezoned so as to permit the intended use. 3. That the applicant enter into a development agreement with the Township." 4. That the applicant be required to dedicate land for road purposes." Disposition: Motion Carried Unanimously (k) County of Elgin Land Division Committee notice of a public meeting regarding application#E27/95 submitted by Paul and Shirley Brackenbury concerning Part Lot 109, Concession N.T.R. COUNCIL MINUTES - 32 - March 2, 1995 Moved by J. Nezezon 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 #E27/95 subject to the applicant making a $500 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously (1) County of Elgin Land Division Committee notice of a public meeting regarding application #E28/95 submitted by Soreny Farms Limited concerning Part Lot 124, Concession N.T.R. 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 #E28/95 subject to the following conditions: 1. That the applicant make a $500 cash payment to the Township in lieu of parkland dedication. 2. That the severed and retained parcels be rezoned so as to permit the intended use." Disposition: Motion Carried Unanimously (m) Straffordville Lions Club request for a Special Occasion Permit. Moved by W. Casier Seconded by J. Nezezon "THAT the Council of the Township of Bayham has no objection to the issuance of a Special Occasion Permit to the Straffordville Lions Club for a fast pitch tournament to be held at the Bayham Community Centre on July 7, 8 and 9, 1995." Disposition: Motion Carried Unanimously 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Clerk Treasurer regarding Transfer Station User Fees. Moved by J. Barclay Seconded by W. Casier "THAT the Report be tabled." COUNCIL MINUTES - 33 - March 2, 1995 (b) Report from Clerk Treasurer regarding Road Naming Committee. Moved by J. Barclay Seconded by W. Casier "THAT the Township Road Naming Committee Terms of Reference, dated February 28, 1995 is hereby adopted." AND THAT Joe Neville, Cheryl James, K.C. Emerson, Max Stewart, Shirley Biro, Jim Elliot, Russ Manuel, John Frogett, Joan Gregson, Lloyd McQuiggan, Shirley Phillips, Len Simpson and Bill Underhill be appointed to serve on the Township Road Naming Committee." Disposition: Motion Carried Unanimously (c) Report from Clerk Treasurer regarding the erection of stop signs at the CN Rail crossing on the Malahide/Bayham Townline. Moved by J. Nezezon Seconded by W. Casier "THAT a by-law be given three readings to erect a stop sign at the CN Rail crossing on the Malahide/Bayham Townline." Disposition: Motion Carried Unanimously (d) Report from Clerk Treasurer regarding the appointment of an Acting Road Superintendent. Moved by W. Casier Seconded by J. Barclay "THAT a by-law be given three readings to appoint Robert Bartlett as acting Road Superintendent. AND THAT Robert Bartlett be paid an additional$2.00 per hour while acting as the Acting Road Superintendent." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES (a) Councillor Casier, Chairman of the Bayham Parks, Recreation and Community Centre Board, advised Council that Minor Ball made a suggestion of locating a new access to the park at the south diamond. Council indicated it was not in favour of this proposal and recommendation a controlled entrance where all ball coaches have a key and gates would always be kept locked when not in use. The only concern would be if the ambulance, police or fire department ever had to get into the park the gates would be locked. Councillor Casier also noted that Minor ball has asked permission to reopen the newly renovated washrooms as they feel one set of washrooms for 225-250 people are not sufficient. It was also the felt by the Board that the new washrooms are be made available during other functions of similar size. Council agreed with this position as long as Minor ball is held responsible for any damages. COUNCIL MINUTES - 34 - March 2, 1995 11. APPLICATIONS (a) Abraham Peters (Ontario Mennonite Brotherhood) application for an amendment to the Township Zoning By-law and Official Plan concerning Part Lot 7, Concession 8. Moved by W. Casier Seconded by J. Barclay "THAT the application of Abraham Peters for an amendment to the Official Plan and Zoning By-law to permit the creation of school and church at Part Lot 8, Concession 8, be accepted and forwarded to the Township Planning Consultant for by-law preparation." Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS No items. 13. OTHER BUSINESS No items. 14. BY-LAWS 95-12 A by-law to appoint Robert Bartlett as Acting Road Superintendent. 95-13 Confirming By-law Moved by J. Nezezon Seconded by W. Casier "THAT by-law 95-12 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Barclay "THAT by-law 95-12 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 95-13 be taken as read a first and second time." Disposition: Motion Carried Unanimously COUNCIL MINU1'hS - 35 - March 2, 1995 Moved by J. Barclay Seconded by J. Nezezon "THAT by-law 95-13 be taken as read a third time and finally passed." Moved by W. Casier Seconded by J. Barclay Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by J. Barclay Seconded by J. Nezezon "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously • 7 7' k if/ REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO MARCH 16, 1995 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 16, 1995 in the Council Chambers. Present were, Reeve D. 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 3. MINUTES (a) Minutes from the regular Council meeting held March 2, 1995. Moved by J. Barclay Seconded by W. Casier "THAT the minutes of March 2, 1995 be adopted as amended." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 8:00 p.m. - Stan James from the Calton Cemetery Board regarding financial assistance to the Cemetery Board. Stan James, Lloyd McQuiggan and Ray Woodworth from the Calton Cemetery Board appeared before Council to request financial assistance to aid in maintenance of the Cemetery. Mr. James noted that grass cutting fees were greater than income derived from plot sales and interest income from the Care & Maintenance Fund. Moved by J. Volkaert Seconded by J. Barclay "THAT a donation of $500 be made to the Calton Cemetery Board." Disposition: Motion Carried Unanimously (b) 8:15 p.m. -Wilhelm Zacharias regarding a proposal to establish an automobile wrecking establishment at Part Lot 8, Concession 5. Mr. Zacharias did not appear before Council. (c) 8:30 p.m. 4 Vicky Wiggans regarding results of the Township's 1994 Recreation Survey. Vicky Wiggans appeared before Council to present the results of the Recreation Survey. Mrs. Wiggans noted that in late 1994 the Township mailed a recreation survey to every household in the Township (approximately 1,700 were mailed). From this mail out 158 responses were received. One question asked what type of recreation or leisure activities you would like to see in the Township. Listed are the top 10 suggestions. COUNCIL MINUTES - 37 - March 16, 1995 1. Skating 45 2. Swimming 37 3. Aerobic Activities 27 4. Baseball 19 5. Tennis 17 6. Canoeing 17 7. Soccer 14 8. Squash/Racquetball 12 9. Trails/hiking 12 10. Children's crafts & games 10 Another question asked where the most convenient location would be if recreation programs were to be added. Straffordville facilities, specifically the Community Centre and School, were the overwhelming choice as the most convenient locations. Mrs. Wiggans informed Council the responses noted below were the most popular choices if any new recreational facilities were to be developed. 1. Arena 17 2. Complex (swimming, arena, tennis) 17 3. Pool 16 4. Use of railway line 3 5. Straffordville & Eden School Playgrounds 2 5. Richmond Park 2 5. Soccer field 2 5. Child care 2 Council thanked Mrs. Wiggans for her time and effort spent preparing the report. Moved by J. Volkaert Seconded by J. Barclay "THAT the correspondence be referred to the Bayham Parks, Recreation and Community Centre Board." Disposition: Motion Carried Unanimously (d) 9:00 p.m. - Ziggy Blondeel regarding proposed development in the hamlet of Straffordville. Mr. Ziggy Blondeel and Mr. Jack Petrie appeared before Council to present a proposal to develop 4 lots in Part Lot 124, Concession S.T.R. Mr. Blondeel enquired what type of requirement the Township may impose if development is to occur. Reeve Chute informed Mr. Blondeel that the Township would require a development agreement, and such things as streetlighting, curbs and gutters, sidewalks and road paving could be included. The Clerk noted that the Ministry of Environment & Energy had expressed concern over development in Straffordville due to the results of the water study. It was suggested that a meeting be held with MOEE, Elgin St. Thomas Health Unit, Ministry of Municipal Affairs and Ministry of Agricultural, Food & Rural Affairs to address development pressures in Straffordville. 5. TENDERS No items. 6. ACCOUNTS (a) Listing of accounts for the period ending March 31, 1995. COUNCIL MINUTES - 38 - March 16, 1995 (.b) Listing of cheques previously issued for the period ending March 15, 1995. Moved by J. Volkaert Seconded by W. Casier "THAT the accounts for the period ending March 31, 1995 be approved for payment." AND THAT the cheques issued for the period ending March 15, 1995, be approved." Disposition: Motion Carried Unanimously 7. 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 meeting to order at 7:3U p.m. and advised Council the purpose of the meeting was to receive public input on one application for an amendment to the Official Plan and three applications for amendment to the Township Zoning By-law. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. APPLICATIONS (a) An application submitted by Wray & Deniece Lounsbury for an amendment to the Township Official Plan and Zoning By-law to change the designation to Rural - Estate Residential and the Zoning to Estate Residential(ER) concerning Part Lot 20, Concession 8. i) Staff Report The Clerk advised Council the purpose of the application is to amend the Official Plan to change the designation from Agriculture to Rural - Estate Residential and the amend the Zoning By-law to change the zoning from Agricultural (Al) to Estate Residential (ER). The amendments will allow the existing property to be split in two and permit construction of a dwelling unit on the newly created parcel. ii) Presentation By Applicant The applicants were present but did not address Council. iii) Public Comments No member of the public appeared to speak against or for the proposed amendment. The Clerk advised that the Elgin-St. Thomas Health Unit and the Ministry of Natural Resources replied with no objection to the proposal. The Ministry of Transportation advised that only one new residential access will be permitted. COUNCIL MINUTES - 39 - March 16, 1995 iv) Council Questions and Discussions Reeve Chute advised the applicants that approval of the amendment could take upwards of 1 1/2 years. (b) An application submitted by Lloyd & Myrna Cowan for an amendment to the Township Zoning By-law to change the zoning at Part Lots 21 & 22, Concession 8 to Special Agricultural (A1-24) to Special Agricultural (A1-57). i) Staff Report The Clerk advised Council the purpose of the application is to amend the Zoning By-law to change the zoning on the subject lands to permit the severance of an existing pet cemetery from a vacant agricultural parcel and to permit an expanded range of farm uses on the retained parcel. ii) Presentation By Applicant The applicant was present but did not address Council. Public Comments No member of the public appeared to speak against or for the proposed amendment. The Clerk advised that the Elgin - St. Thomas Health Unit replied with no objection to the proposal. This was the only comment received from any of the agencies or ministries circulated. iv) Council Questions and Discussions There were no questions from Council. (c) An application submitted by Mathew A. Schafer & Mathew Schafer Limited for an amendment to the Township Zoning By-law to change the zoning at Part Lots 127, Concession N.T.R. to permit the creation of a retirement lot and a farm help lot. i) Staff Report The Clerk advised Council the purpose of the application is to amend the Zoning By-law to change the zoning on the subject lands to permit the severance of a retirement lot and a farm help lot. u) Presentation By Applicant The applicant was present but did not address Council. iii) Public Comments Rosie and Ron Ball appeared to voice concern that one or both of the lots would be used for transient labour. Brian Racher submitted written comments noting he was not in favour of the farm help lot unless it was used by a family member. No other member of the public appeared to speak against or for the proposed amendment. The Clerk advised that the Elgin - St. Thomas Health Unit replied with no objection to the proposal. This was the only comment received from any of the agencies or ministries circulated. iv) Council Questions and Discussions In response to Deputy Reeve Volkaert's question, Mr. Schafer did state the farm help lot would be used by a person actively engaged in the farm operation. (d) An application submitted by Paul Brackenbury for an amendment to the Township Zoning By-law concerning Part Lot 109, Concession N.T.R. to change the zoning to Special Estate Residential (ER-9). i) Staff Report The Clerk advised Council the purpose of the application is to amend the Zoning By-law to change the zoning on the subject lands to permit the severance of one estate residential lot. The Clerk noted these lands were subject to Official Plan Amendment No. 95. This OPA proposed to create 3 estate residential lots. At the time of adoption of the OPA Zoning By-law Z295/93 was also adopted and it zoned the subject lands Special Estate Residential to COUNCIL MINUTES - 40 - March 16, 1995 accommodate the creation of 3 lots. Subsequently the Ministry of Agriculture, Food & Rural Affairs objected to the creation of 3 lots, but did agree to one lot. This application is in response to OMAFRA's position. ii) Presentation By Applicant The applicant was present but did not address Council. Public Comments No member of the public appeared to speak against or for the proposed amendment. The Clerk advised that the Elgin -St. Thomas Health Unit replied with no objection to the proposal. This was the only comment received from any of the agencies or ministries circulated. iv) Council Questions and Discussions There were no questions from the Members of Council. 4. ADJOURNMENT Moved by W. Casier Seconded by J. Volkaert "THAT the public meeting be adjourned." Disposition: Motion Carried Unanimously 8. CORRESPONDENCE Moved by W. Casier Seconded by J. Nezezon "THAT items 8(a), (c), (e) and (f) be received and filed." Disposition: Motion Carried Unanimously (a) Straffordville Cemetery Board minutes from the annual meeting held February 9, 1995. (Received and Filed) (b) Ministry of Transportation correspondence regarding 1995 Safety Truck Rodeo. Moved by J. Barclay Seconded by J. Nezezon "THAT two representatives from Bayham Township be authorized to attend the Ministry of Transportation Safety Truck Rodeo. Disposition: Motion Carried Unanimously (c) Elgin County Plowman's Association request for financial assistance. (Received and Filed) (d) S.E.R.V.E Group correspondence regarding a request for a sell Nevada Tickets at Wiggans Food Market. COUNCIL MINUTES - 41 - March 16, 1995 Moved by J. Barclay Seconded by W. Casier "THAT the correspondence be tabled." Disposition: Motion Carried Unanimously (e) Thames Valley District Health Council correspondence regarding Tillsonburg District Memorial Hospital. (Received and Filed) (t) Gar Knutson, M.P. Elgin-Norfolk, correspondence regarding remuneration received by municipal councillors. (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Chief Building Official regarding building permits issued for the period ending February 28, 1995. Moved by J. Volkaert Seconded by W. Casier "THAT the building permits for the month of February, 1995 be approved." Disposition: Motion Carried Unanimously (b) Report from Chief Building Official regarding the application of the Fisheries Act to municipal drains. Moved by W. Casier Seconded by J. Nezezon "WHEREAS Section 74 and 78 of the Drainage Act, Chapter D17, R.S.O. 1990, requires municipalities to maintain, repair and improve existing municipal drains under their jurisdictions; AND WHEREAS Section 35(1) of the Fisheries Act, Chapter F14, R.S.S. 1985, states that no person shall carry on any work or undertaking that results in the harmful alteration, disruption, or destruction of fish habitat; AND WHEREAS many watercourses in Ontario now contain fish habitat because of improvements made to them under the Drainage Act; AND WHEREAS the existence of this fish habitat in these municipal drains is hindering municipalities in the proper, complete and efficient maintenance, repair and/or improvement of these drains to adequately serve the Ontario agricultural community; AND WHEREAS in some cases the existence of the fish habitat in these municipal drains is resulting in additional costs which appear unjustified to the municipalities and the agricultural landowners; AND WHEREAS the interpretation and application of the Fisheries Act to municipal drains by the delegated authority (Ontario Ministry of Natural Resources) varies across the province; THEREFORE, be it resolved that the Township of Bayham respectfully petition the Minister of Fisheries and Oceans of the Government of Canada to consider amending the application of the Fisheries Act to municipal drains in Ontario and, COUNCIL MINUTES - 42 - March 16, 1995 as an initial step in this process, to open discussions with municipal drain stakeholders regarding such amendments." Disposition: Motion Carried Unanimously (c) Report from Clerk Treasurer regarding 1995 Budget. Moved by J. Barclay Seconded by J. Volkaert "THAT Budget Draft#7 dated March 16, 1995, is hereby adopted as the provisional Township of Bayham 1995 Budget." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) Michael & Frances Glass application for an amendment to the Township Zoning By-law and concerning Part Lot 20, North Gore. Moved by W. Casier Seconded by J. Nezezon "THAT the application of Michael & Frances Glass for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 20, Concession North Gore to Rural Residential (RR) to permit creation of a retirement lot be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously (b) John&Laurel Nasswetter application for an amendment to the Township Zoning By-law and concerning Part Lot 16, Concession 4. Moved by J. Nezezon Seconded by W. Casier "THAT the application of John & Laurel Naswetter for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 16, Concession 4 to Rural Residential (RR) to permit creation of a retirement lot be accepted and forwarded to the Township planning consultant for by-law preparation. AND THAT the zoning by-law specify the maximum Floor for an accessory be 55m2. Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Report from Clerk Treasurer regarding Transfer Station User Fees. (March 2, 1995) 13. OTHER BUSINESS COUNCIL MINUTES - 43 - March 16, 1995 14. BY-LAWS 95-14 A by-law to adopt Official Plan Amendment No. 101. (Lounsbury) Z330-95 A by-law to amend By-law No. 2387. (Schafer) Z331-95 A by-law to amend By-law No. 2387. (Lounsbury) Z332-95 A by-law to amend By-law No. 2387. (Cowan) Z333-95 A by-law to amend By-law No. 2387. (Brackenbury) 95-15 Confirming By-law Moved by W. Casier Seconded by J. Volkaert "THAT by-laws 95-14, Z330-95, Z331-95, Z332-95 and Z333-95 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier "THAT by-laws 95-14, Z330-95, Z331-95, Z332-95 and Z333-95 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 95-15 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by J. Nezezon "THAT by-law 95-15 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by W. Casier Seconded by J. Barclay "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously r ,/ REEVE C ' COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO APRIL 6, 1995 9:00 A.M. The regular meeting of the Council of the Township of Bayham was held at 9:00 a.m. on Thursday, April 6, 1995 in the Council Chambers. Present were, Reeve D. 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. Council reconvened at 7:30 p.m. for the purpose of holding a public meeting. Present at the public meeting were Deputy Reeve Joe Volkaert Sr., Councillors Wayne Casier, John E. Barclay and Clerk Treasurer Donald W. MacLeod. 1. CALL TO ORDER Reeve Chute called the meeting to order at 9:02 a.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. MINUTES (a) Minutes from the regular Council meeting held March 16, 1995. Moved by J. Volkaert Seconded by W. Casier "THAT the minutes of March 16, 1995 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:30 a.m. - Michael Szorenyi regarding proposed development agreement concerning County of Elgin Land Division Committee applications E130194 - E133/94. Mr. Michael Szorenyi and his agent Mr. Jack Petrie appeared before Council to discuss a proposed development agreement concerning consent applications submitted to the County of Elgin Land Division Committee. Reeve Chute advised Mr. Szorenyi that Council would be enforcing certain conditions in Township's Subdivision Design Criteria manual. He noted this may include paving of roads, installation of storm drainage, sidewalks, streetlights and curb and gutter. Mr. Szorenyi informed Council he had not previously seen the manual and therefore could not comment at this time. In reply to Reeve Chute's question, Mr. Szorenyi stated that he would prefer not to complete any additional conditions of a development agreement other than a $500.00 cash payment in lieu of parkland dedication per lot. He inquired whether these conditions had been imposed on any other developer in the Township. Reeve Chute noted that several other developers namely, Charles Ward and Gilles Therrien were required to carry out certain servicing requirements. Reeve Chute asked Mr. Szorenyi to review the manual and present a plan for servicing of the subject lands. (b) 10:00 a.m. - Dan DeCloet regarding Eden Drain relocation report. Mr. DeCloet did not appear before Council. COUNCIL MINUTES - 45 - April. 6, 1995 (c) 11:00 a.m. Ross Andrews regarding Agenda item 8(m). Mr. Ross Andrews appeared before Council to present the following proposal for the naming of Young Offenders. To: Members of the Executive Committee of the Elgin-Norfolk Federal Liberal Riding Association. From: Ross Andrews, Member Number: ON00451932 Re: A Policy Proposal on the Naming of Young Offenders We have heard the call for the restoration of capital punishment and of the use of the lash to make people think twice before committing crimes. There are good reasons for resisting both these reactions to criminal behaviour. Longer prison or reformatory sentences are costly and in the long run do not make for a safer society. Some people are deterred from crime by the experience. Others are embittered and come out not only ready to get even but better trained in criminal affairs, having lived with experts during their incarceration. Criminologists have found that the best deterrent for antisocial behaviour is the expectation of being caught. The Young Offenders Act (YOA)takes the teeth out of this deterrent by prohibiting the publication of names of criminals under the age of eighteen. The intent of this provision is laudable, but in practice it is flawed. Most people in their immediate area know who the offenders are. Those who do not look upon every young person as a potential criminal. In effect, instead of publishing names of real offenders, society labels all young people. Labelling is damaging when it is viewed as a solution to the problem instead of as a key to a solution. Here is an example. A pupil has difficulty reading. Tests show a neurological dysfunction. The pupil is labelled as a dyslexic and returned to the classroom without any further help. It is as if the child were found to be far-sighted but no reading glasses were prescribed.If it is done correctly, dispassionate naming of a person who has committed a crime is not labelling an need not be psychologically damaging. John Doe committed the crime of shoplifting. If John Doe performed the act, he knows the statement is a fair one. Parents fear for the safety of their children. Women and seniors of both sexes feel vulnerable at the hands of violent youths. In an anonymous society people are afraid to talk to one another. Sensing the hostility, young people respond to it in kind. Chances for positive interaction and role modelling are lost and society grows more paranoid. Instead of protecting children from exposure to criminal role models, the prohibition of naming young offenders increases it. Adults recruit youths to help them carry out crimes because their names cannot be published. Youths accept the offers for the thrill of adventure, knowing they cannot be identified and that once they reach the age of majority, all criminal records will be erased. By refusing to name them, society abets the entry of children into criminal activity and fails its collective responsibility to socialize its children.The same set of circumstances helps adult criminals escape the consequences of their acts by using youths as pawns. Naming of young offenders according to the same processes followed for adults would prevent the automatic destruction of criminal records. This is good because it would encourage the person to go through the procedure of obtaining a pardon. To earn a pardon, the young person would have to stay out of trouble with the law for a number of years. To do so and to win the pardon would be a matter of pride for the offender and for the friends and family as well. It would be a strong psychological motivator to stay on the right track. COUNCIL MINUTES - 46 - April 6, 1995 I suggest that our Association submit a policy proposal to our MP, to the Prime Minister, and to the Minister of Justice to amend the YOA to allow the naming of young offenders in all cases, except those in which adults are not named to protect the identity of victims. 5. TENDERS No items. 6. ACCOUNTS (a) Listing of accounts for the period ending April 20, 1995. (b) Listing of cheques previously issued for the period ending April 4, 1995. Moved by J. Barclay Seconded by J. Nezezon "THAT the accounts for the period ending April 20, 1995 be approved for payment and that the cheques issued for the period ending April 4, 1995 be approved." Disposition: Motion Carried Unanimously 7. PUBLIC MEETINGS Moved by J. Barclay Seconded by W. Cagier "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 Deputy Reeve Volkaert called the meeting to order at 7:30 p.m. and advised Council the purpose of the meeting was to receive public input on two applications for amendments to the Township Zoning By-law. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF. None noted. 3. APPLICATIONS (a) An application submitted by George Lysy and Steve Sas for an amendment to the Township Zoning By-law to change the zoning from Agricultural (Al) to Hamlet Residential (HR) concerning Part Lot 124, Concession S.T.R. 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 Hamlet Residential (HR). This amendment will allow the creation of two hamlet residential building lots. The Clerk noted that the subject lands fall within the Hamlet designation of Straffordville and as such, a zoning by-law amendment is the only requirement. COUNCIL MINUTES - 47 - April 6, 1995 ii) Presentation By Applicant The applicant and his agent were present but did not address Council. lii) Public Comments No member of the public appeared to speak against or for the proposed amendment. The Clerk noted that no correspondence was received regarding this application. iv) Council Questions and Discussions In response to Deputy Reeve Volkaert's question, the Clerk noted that the Elgin - St. Thomas Health Unit did not respond to this application. (b) An application submitted by the Township of Bayham for an amendment to the Township Zoning By-law to change the zoning at Part Lot 125, Concession N.T.R. i) Staff Report The Clerk advised Council the purpose of the application is to amend the zoning by-law to change the zoning on the subject lands from Future Development (FD) to Institutional (I) to permit the construction of the Township Firehall. He also noted that zoning approvals were not necessary under the Zoning By-law, however, in the best interests of planning it was deemed necessary to amend the zoning by-law. IT) Presentation By Applicant None. iii) Public Comments Mary and Albert Paquette were present to enquire as to the reason of the zoning amendment. Upon hearing the Clerks report the Paquette's did not have any other comments other than to request information where the storm drainage outlet was to be. The Clerk advised the Paquettes the storm drainage outlet would be into the Straffordville Drain through the Taylor property and Soreny Farms property. No other member of the public appeared to speak against or for the proposed amendment. The Clerk advised that correspondence had been received from the Elgin - St. Thomas Health Unit stating no objection to the proposal. This was the only comment received from any of the agencies or ministries circulated. iv) Council Questions and Discussions There were not questions from any members of Council. 4. ADJOURNMENT Moved by W. Casier Seconded by J. Barclay "THAT the public meeting be adjourned." Disposition: Motion Carried Unanimously 8. CORRESPONDENCE Moved by J. Nezezon Seconded by J. Barclay "THAT items 8(a), (b), (c), (f), (g), (i), (j), (k), (1), (n), (o), (p), (q), (r), (s) be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 48 - April 6, 1995 (a) Long Point Region Conservation Authority circulation of minutes from the meeting held February 23, 1995. (Received and Filed) (b) Township of Malahide Notice of the Passing of a Zoning By-Law concerning Part Lot 20, Concession 5. (Received and Filed) (c) City of Thunder Bay correspondence regarding a resolution concerning the Port of Churchill. (Received and Filed) (d) County of Oxford Notice of a Public Meeting concerning the Draft Official Plan for the County of Oxford. Moved by J. Barclay Seconded by W. Casier "THAT the correspondence be deferred." Disposition: Motion Carried Unanimously (e) Ontario Building Officials Association correspondence requesting proclamation of the week of April 9th as Building Safety Week. Moved by J. Nezezon Seconded by W. Cagier "WHEREAS, the safety of buildings we occupy in our everyday lives is essential to the well-being of the citizens of the Township of Bayham; AND WHEREAS among our by-laws and regulations are those which provide standards for safe construction in the home and workplace; AND WHEREAS for building and related construction codes to be effective, understanding and co-operation must exist between building officials and the people they serve - building occupants and all sectors of the construction industry; AND WHEREAS the contributions made to the health, safety and welfare of our building environment by dedicated professional building code officials may not be fully realized by the public at large; AND WHEREAS the province and local governments across Ontario and the United States - along with such prestigious organizations as the Ontario Building Officials Association and the Ontario New Home Warranty Program are joining to promote safe buildings through the observance of Building Safety Week. AND WHEREAS the theme of Building Safety Week has been designated as "Build Safe - Build Smart", THEREFORE, be it resolved that the Township of Bayham hereby proclaims April 9 -15, 1995 as Building Safety Week in the Township of Bayham and urge all citizens to recognize the importance of the Ontario Building Code and the vital contributions by the dedicated individuals who administer it in the Township of Bayham and elsewhere." Disposition: Motion Carried Unanimously COUNCIL MINUTES 49 - April 6, 1995 (f) Copy of correspondence from the Minister of Municipal Affairs to the Honourable Art Eggleton, Federal Minister of Responsible for Infrastructure concerning the Federal Budget. (Received and Filed) (g) Ontario Federation of Anglers and Hunters correspondence requesting passage of a resolution opposing Bill C-68. (Received and Filed) (h) County of Elgin correspondence regarding proposed cuts to the Reserve Armed Forces and the Army Militia. Moved by J. Volkaert Seconded by J. Nezezon "THAT the Right Honourable Jean Chretien be advised the Council of the Township of Bayham strongly opposes cuts to the Reserve Armed Forces, in particular the Reserve Militia." (i) Cyril J. Demeyere correspondence regarding Highway #19 Watermain Extension. (Received and Filed) (j) Elgin Community Partnership Notice of Annual General Meeting to be held Monday, April 10, 1995. (Received and Filed) (k) Kimble Sutherland, MPP, Oxford correspondence regarding Township of Bayham resolution regarding Tillsonburg Memorial District Hospital and the Oxford Hospitals Planning Study. (Received and Filed) (1) Oxford Hospitals Planning Process correspondence regarding progress of the Planning study. (Received and Filed) (m) Copy of correspondence from Ross Andrews to the Executive Committee of Elgin - Norfolk Federal Liberal Riding Association regarding a proposal on the naming of Young Offenders. Moved by J. Volkaert Seconded by J. Barclay "THAT the correspondence be forwarded to all municipalities in the Province as requested by Ross Andrews and support his concerns. Disposition: Motion Carried Unanimously (n) Minister of Municipal Affairs correspondence regarding Local Government Disclosure of Interest Act. (Received and Filed) (o) Minister of Municipal Affairs correspondence regarding open meeting provisions contained in Bill 163. (Received and Filed) (p) Minister of Municipal Affairs correspondence regarding the Federal Budget. (Received and Filed) COUNCIL MINUTES 50 - April 6, 1995 (q) County of Elgin correspondence regarding the adoption of the 1995 County Budget. (Received and Filed) (r) Town of East Gwillimbury correspondence requesting support of a resolution for the continuation of the Canada/Ontario Infrastructure Works Program. (Received and Filed) (s) Tom Southwick correspondence regarding Bill C-68. (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS (a) Report of Livestock Valuer on losses sustained by Robert Gregson. Moved by W. Casier Seconded by J. Barclay "THAT the report of the Livestock Valuer concerning losses sustained by Robert Gregson be accepted and that compensation in the amount of $250.00 be paid." Disposition: Motion Carried Unanimously (b) Report from Clerk Treasurer regarding Road Dedication of Reference Plan 11R-2634. Moved by J. Nezezon Seconded by W. Casier "THAT a by-law be given three readings to assume Part 1, 2, 3, 5, and Part 6 on Reference Plan 11R-2634 as part of the Municipal Road System." Disposition: Motion Carried Unanimously (c) Report from Clerk Treasurer regarding proposed Burning By-Law. Moved by J. Barclay Seconded by J. Nezezon "THAT the report be tabled." Disposition: Motion Carried Unanimously (d) Report from Chief Building Official regarding proposed amendments to the Building By- Law. Moved by J. Volkaert Seconded by W. Casier "THAT a by-law be given three readings to adopt a by-law to amend the Building By-law (93-47) so as to include a penalty clause for those property owners building without first obtaining a building permit." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 51 - April 6, 1995 (e) Report from Chief Building Official regarding building permits issued for the period ending March 31, 1995. Moved by W. Casier Seconded by J. Barclay "THAT Council approve the building permits for the month of March, 1995. Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES (a) Deputy Reeve Volkaert informed Council that he was resigning from the Beneficial Environmental Action Team committee. Moved by W. Casier Seconded by I. Barclay "THAT the resignation of Joe Volkaert from the Beneficial Environmental Action Team committee be accepted and that the BEAT Committee be advised the Township Council will not be appointing a replacement member." Disposition: Motion Carried Unanimously 11. APPLICATIONS (a) Mass & Shirley Brunekreeft application for an amendment to the Township Zoning By- law and concerning Part Lot 10, Concession 10. Moved by J. Barclay Seconded by J. Nezezon "THAT the application of Mass & Shirley Brunekreeft for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 10, Concession 10 to Special Agricultural to permit the operation of a small repair shop and lawnmower sales be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously (b) Sandytown Variety (Alex Cuz) application for an amendment to the Township Zoning By-law and concerning 1 Plank Road S. Moved by J. Volkaert Seconded by W. Casier "THAT the application of Sandytown Variety (Alex Cuz) for an amendment to the Township Zoning By-law to change the Zoning at 1 Plank Road South to Special Hamlet Commercial to permit the establishment of a miniature golf course be forwarded to the Township planning consultant for comments." Disposition: Motion Carried Unanimously (c) Fred Kingsbury et al petition for drainage works in the hamlet of Eden. Moved by W. Casier Seconded by J. Volkaert COUNCIL MINUTES - 52 - April 6, 1995 "THAT the petition for Drainage Works in the hamlet of Corinth submitted by Fred Kingsbury et al be referred to Spriet Associates for further review. Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) S.E.R.V.E Group correspondence regarding a request for a sell Nevada Tickets at Wiggans Food Market. (March 16, 1995) 13. OTHER BUSINESS No items. 14. BY-LAWS 95-16 A by-law to assume Parts 1, 2, 3, 4, 5 and part 6 of Reference Plan 11r-2634 as part of a Public Highway 95-17 A by-law to amend the Building By-law (By-law No. 93-47) to provide for charging a fee for filing an application after construction has commenced Z334-95 A by-law to amend By-law No. 2387. (Township Fireball) Z335-95 A by-law to amend By-law No. 2387. (Lysy & Sas) 95-18 Confirming By-law Moved by J. Volkaert Seconded by W. Casier "THAT by-laws 95-16 and 95-17 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT by-law 95-16 and 95-17 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Barclay "THAT by-laws Z334195 and Z335195 be taken as read a first and second time."' Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Barclay "THAT by-laws Z334/95 and Z335195 be taken as read a third time and finally passed. Disposition: Motion Carried Unanimously COUNCIL MINUTES 53 - April 6, 1995 Moved by J. Barclay Seconded by W. Casier "THAT by-law 95-18 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Barclay "THAT.by-law 95-18 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by W. Casier Seconded by J. Barclay "THAT the Council meeting by adjourned." Disposition: Motion Carried Unanimously /0/11 A REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION Of THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO APRIL 11, 1995 7:00 P.M. A special meeting of the Council of the Township of Bayham was held at 7:00 p.m. on Tuesday, April 11, 1995 in the Council Chambers. Present were, Reeve D. 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 Moved by W. Casier Seconded by J. Barclay "THAT pursuant to Section 58 of the Municipal Act the special meeting of Council be called to order." Disposition: Motion Carried Unanimously 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. CORRESPONDENCE (a) County of Elgin Land Division Committee notice of a public meeting regarding application #E46/95 submitted by Brian & Betty Lou Graydon concerning Part Lots 12 & 13, Concession 10. 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 E46195 subject to the following conditions: 1. That the applicant make a $500 cash payment to the Township in lieu of parkland dedication. 2. That the severed parcel be rezoned so as to permit the intended use. 3. That the applicant enter into a development agreement with the municipality." Disposition: Motion Carried Unanimously (b) County of Elgin Land Division Committee notice of a public meeting regarding application #E47/95 submitted by Brian Graydon concerning Part Lots 18 & 19, Concession 11. 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 E47/95 subject to the following conditions: COUNCIL MINUTES - 55 - April 11, 1995 1. That the applicant provide confirmation to the Land Division Committee that none of the severed or retained parcels to be created will be less than 50 acres (20 hectares). 2. That the applicant make a $500.00 cash payment in lieu of parkland dedication to the Township. Disposition: Motion Carried Unanimously (c) County of Elgin Land Division Committee notice of a public meeting regarding application #E52195 submitted by Murray Abbott(Neal Procunier) concerning Part Lots 114 & 115, Concession 7. 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 E52/95 subject to the following conditions: 1. That the applicant make a $500 cash payment to the Township in lieu of parkland dedication. 2. That the applicant enter into a development agreement with the municipality." Disposition: Motion Carried (d) County of Elgin Land Division Committee notice of a public meeting regarding application #E57/95 submitted by Michael Down (Tom & Bob Carrel) concerning Part Lot 1, Concession 1. 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 E57/95 subject to the applicant making a $500.00 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously 4. BY-LAWS 95-20 Confirming By-law Moved by J. Volkaert Seconded by W. Casier "THAT by-law 95-20 be taken as read a first and second time." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 56 - April 11, 1995 Moved by W. Casier Seconded by J. Volkaert "THAT by-law 95-20 be taken as read a third time and finally passed." Disposition; Motion Carried Unanimously 15. ADJOURNMENT Moved by W. Casier Seconded by J. Volkaert "THAT the special meeting of Council be adjourned." Disposition: Motion Carried Unanimously REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO APRIL 20, 1995 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 20, 1995 in the Council Chambers. Present were, Reeve D. 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 Councillor Barclay made disclosure of pecuniary interest and the general nature thereof with respect to item 4(d). 3. MINUTES (a) Minutes from the regular Council meeting held April 6, 1995. Moved by J. Volkaert Seconded by W. Casier "THAT the minutes of April 6, 1995, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:20 p.m. - Bayham Community Police Officer Dave Lee. Constable Lee was unable to attend the meeting. (b) 8:30 p.m. -Wilhelm Zacharias regarding a proposal to establish an automobile wrecking establishment at Part Lot 8, Concession 5. Mr. Zacharias appeared before Council to present a proposal to repair and sell used farm equipment at Part Lot 8, Concession 5. Mr. Zacharias noted that he would also be selling used cars on site. Reeve Chute advised Mr. Zacharias that automobile wrecking yards are not allowed in any zone in the Township without an Official Plan Amendment. Mr. Zacharias replied that he would be fixing vehicles and selling them, it would not be a wrecking yard. Deputy Reeve Volkaert noted that the Township's Property Standards By-law could be used as a tool to control a build up of excess machinery on the property. The Clerk advised Mr. Zacharias that an amendment to Rural Commercial would be required in order to sell vehicles and farm equipment from the subject property. (c) 9:00 p.m. - Paul DePlancke regarding a proposed severance at Lot 16, Concession 8. Mr. DePlancke appeared before Council to present a proposal to sever a lot from a parcel of property at Part Lot 16, Concession 8. In response to Mr. DePlancke's proposal the Clerk advised Mr. DePlancke that under the new Planning Act Guidelines, consents of this nature are not permitted. He noted that retirement lots, surplus dwellings and certain infill situations were the only consents allowed in agricultural zones. COUNCIL MINUTES - 58 - April 20, 1995 4(d) 9:00 p.m. - Straffordville Lion's Club representative Tom Wells regarding proposed construction of a picnic pavilion at the Bayham Community Centre. Mr. Wells from the Straffordville Lions Club appeared before Council regarding the erection of a pavilion at the Bayham Community Centre. Mr. Wells informed Council the size of the structure was 48' x 30'. Reeve Chute asked Mr. Wells to stake out the approximate location of the structure so that Council could physically view the location. 5. TENDERS No items. 6. ACCOUNTS (a) Listing of accounts for the period ending April 30, 1995. (b) Listing of cheques previously issued for the period ending April 18, 1995. Moved by W. Casier Seconded by J. Nezezon "THAT the accounts for the period ending April 30, 1995, be approved for payment." AND THAT the cheques issued for the period ending April 18, 1995, be approved." Disposition: Motion Carried Unanimously 7. 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 7:30 p.m. and advised Council the purpose of the meeting was to receive public input on two applications for amendments to the Township Zoning By-law and one application for an amendment to the Official Plan. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF. None noted. 3. APPLICATIONS (a) An application submitted by Abraham Peters for an amendment to the Township Zoning By-law and Official Plan to permit the erection of a church and a school at Part Lot 7, Concession 8. COUNCIL MINUTES - 59 - April 20, 1995 i) Staff Report The Clerk advised Council the purpose of the application is to amend the Official Plan and Zoning by-law to change the OP designation from Agriculture to Rural - Public Institutional and the zoning from Agricultural (Al) to Institutional and Special Agricultural. These amendments will allow the severance of a 1.1 hectare (2.6 acre) parcel of land for the future development of a school and a church for the Ontario Mennonite Brotherhood. The area of this amendment is known locally as "North Hall" and essentially comprises a non- designated hamlet or settlement area. ii) Presentation By Applicant The applicant and his agent were present but did not address Council. iii) Public Comments Mrs. Diane Moylen, an area resident, asked whether her taxes would be affected by this proposal. Reeve Chute advised her that schools and churches do not pay taxes and the loss of 2.6 acres of farmland would not have a significant impact on her taxes. Mr. Allan Greer, owner of a 124 acre parcel of land to the north of the subject lands, appeared to voice concern over the loss of flexibility of his farmland if the amendment is approved. He noted the possibility of locating a livestock operation in this area would be very difficult. No other member of the public appeared to speak against or for the proposed amendment. The Clerk noted that correspondence from the Ministry of Agriculture, Food and Rural Affairs indicating it was not in support of this application. The Elgin St. Thomas Health Unit replied that comments would be submitted at the time of severance. iv) Council Questions and Discussions There were no questions from Council. (b) An application submitted by Michael&Frances Glass application for an amendment to the Township Zoning By-law to change the zoning at Part Lot 20, North Gore 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 on the subject lands to permit the severance of a 1.2 hectare (2.9 acre) retirement lot. ii) Presentation By Applicant The applicant's agent was present but did not address Council. iii) Public Comments No member of the public appeared to speak against or for the proposed amendment. The Clerk advised that the Elgin- St. Thomas Health Unit replied with no objection to the proposal. This was the only comment received from any of the agencies or ministries circulated. iv) Council Ouestions and Discussions There were no comments or questions from Council. (c) An application submitted by John and Laurel Nasswetter for an amendment to the Township Zoning By-law to change the zoning at Part Lots 16, Concession 4 to permit the creation of a retirement lot. COUNCIL MINUTES - 60 - April 20, 1995 i) Staff Report The Clerk advised Council the purpose of the application is to amend the Zoning By-law to change the zoning on the subject lands to permit the severance of a 1.0 hectare (2.4 acre) retirement lot. ii) Presentation By Applicant The applicant's agent was present but did not address Council. Hi) Public Comments No member of the public appeared to speak against or for the proposed amendment. The Clerk advised that the Elgin-St. Thomas Health Unit replied with no objection to the proposal. This was the only comment received from any of the agencies or ministries circulated. iv) Council Questions and Discussions Deputy Reeve Volkaert voiced concern over the size of the lot to be created. He noted that parcels of this size have lead to problems in the past and he did not want to see a similar situation with this property. There were no other comments or questions from Council. 4. ADJOURNMENT Moved by J. Volkaert Seconded by J. Nezezon "THAT the public meeting be adjourned." Disposition: Motion Carried Unanimously 8. CORRESPONDENCE Moved by J. Nezezon Seconded by J. Barclay "THAT items 8(a), (b), (c), (d), (g) and (j) be received and filed." Disposition: Motion Carried Unanimously (a) Association of Municipalities of Ontario correspondence regarding proclamation date of the Local Government Disclosure of Interest Act. (Received and Filed) (b) International Great Lakes St. Lawrence Mayors Conference correspondence requesting support of resolutions concerning the Great Lakes watershed. (Received and Filed) (c) Straffordville Minor Ball correspondence regarding rental agreements for use of baseball diamonds at the Bayham Community Centre. (Received and Filed) (d) Copy of correspondence from the Federal Minister Responsible for Infrastructure to the Ontario Minister of Municipal Affairs concerning the Canada/Ontario Infrastructure Works Program. (Received and Filed) COUNCIL MINUTES - 61 - April 20, 1995 (e) Ministry of Transportation correspondence regarding the Township's purchase of the temporary modular bridge on County Road 43 at Big Otter Creek. Moved by W. Casier Seconded by J. Barclay "THAT the Ministry of Transportation be advised the Township of Bayham hereby rescinds the resolution passed on September 1, 1994, whereby the Township agreed to purchase the Temporary Modular Bridge currently situated on County of Elgin Road #43 for the agreed price of $98,446.72. AND THAT the Ministry of Transportation be advised the Township of Bayham agrees to purchase the Temporary Modular Bridge currently situated on County of Elgin Road #43 for the agreed price of $17,500.00 to be paid in full on June 30, 1995." Disposijion: Motion Carried Unanimously (f) Richmond Minor Ball correspondence requesting financial assistance. Moved by J. Volkaert Seconded by W. Casier "THAT a donation in the amount $200.00 be made to Richmond Minor Softball Association." Disposition; Motion Carried Unanimously (g) Ministry of Citizenship correspondence requesting nominations for the 1995 Community Action Awards. (Received and Filed) (h) Frank Cowan Company Limited correspondence regarding 1995 insurance renewal. Moved by J. Volkaert Seconded by J. Nezezon "THAT Frank Cowan Company Limited be advised the Council of the Township of Bayham hereby accepts the comprehensive insurance program dated February 27, 1995." Disposition: Motion Carried Unanimously (i) Copy of correspondence from the County of Kent to the Minister of Natural Resources regarding fish stocks in Lake Erie. Moved by J. Volkaert Seconded by J. Nezezon "THAT the resolution of the County of Kent be endorsed." Disposition: Motion Carried Unanimously (j) Ministry of Citizenship correspondence requesting nominations for the 1995 Senior Achievement Awards. (Received and Filed) COUNCIL MINUTES - 62 - April 20, 1995 9. REPORTS OF STAFF AND CONSULTANTS (a) Report of from Spriet Associates regarding Corinth Drain petition. Moved by W. Casier Seconded by J. Barclay "THAT the Clerk be authorized to arrange a public meeting for all property owners in the Hamlet of Corinth to review drainage problems in the Hamlet. Disposition: Motion Carried Unanimously (b) Report from Deputy Treasurer regarding 1994 Tax Write Offs. Moved by W. Casier Seconded by J. Barclay "THAT taxes in the amount of$958.99 be cancelled, refunded or reduced pursuant to Section 442 of the Municipal Act." Disposition; Motion Carried Unanimously (c) Report from Clerk Treasurer regarding a proposal to initiate the implementation of a committee to prepare a Municipal Alcohol Policy. Moved by J. Nezezon Seconded by J. Barclay "WHEREAS litigation is increasing from alcohol related incidents at municipally owned facilities; AND WHEREAS a policy to manage alcohol consumption at the Bayham Community Centre is deemed necessary to help mitigate the liability risk factor; THEREFORE the Council of the Township of Bayham hereby requests the Addiction Research Foundation to assist in formulating a Municipal Alcohol Policy for consideration by the Council of the Township of Bayham. AND THAT a copy of this resolution be forwarded to the Bayham Parks,Recreation and Community Centre Board." Disposition: Motion Carried (d) Report from Clerk Treasurer regarding proposed amendments to By-law No. 93-6 and By-law No. 93-39. Moved by W. Casier Seconded by J. Nezezon "THAT the report be deferred." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 63 - April 20, 1995 (e) Report from Acting Road Superintendent. Acting Road Superintendent Robert Bartlett appeared to advise Council on Road Department activities for the period ending April 20, 1995. Mr. Bartlett informed Council that all gravel roads have been graded and treated with dust suppressant. Mr. Bartlett noted that a culvert on the Tillsonburg Townline, south of Highway 3, was in need of replacement. The Town of Tillsonburg had consented to the replacement and would pay 1/2 of the cost. 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) Rosemary White application for an amendment to the Township Zoning By-law concerning Part Lot 26, Concession 8. Moved by J. Barclay Seconded by W. Casier "THAT the application of Rosemary White for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 26, Concession 8 to Rural Residential (RR) to permit creation of a retirement lot be accepted and forwarded to the Township planning consultant for a by-law preparation." Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) County of Oxford Notice of a Public Meeting concerning the Draft Official Plan for the County of Oxford. (April 6, 1995) Moved by W. Casier Seconded by J. Volkaert "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (b) Report from Clerk Treasurer regarding proposed Burning By-Law. (April 6, 1995) Moved by I. Volkaert Seconded by J. Barclay "THAT the report be received and filed." Disposition: Motion Carried Unanimously 13. OTHER BUSINESS Councillor Casier reported that he had received a request from Corinth Minor ball for repairs to the baseball diamond and the entrance. Minor ball had also requested a sign be erected to prohibit motor vehicles. COUNCIL MINUTES - 64 - April 20, 1995 14. BY-LAWS 95-21 A By-law to adopt Official Plan Amendment No. 102 (Peters) Z336-95 A by-law to amend By-law No. 2387. (Peters) Z337-95 A by-law to amend By-law No. 2387. (Naswetter) Z338-95 A by-law to amend By-law No. 2387. (Glass) 95-22 Confirming By-law Moved by W. Casier Seconded by J. Barclay "THAT by-laws 95-21, Z336-95, Z337-95 and Z338-95 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by W. Casier "THAT by-laws 95-21, Z336-95, Z337-95 and Z338-95 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 95-22 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by J. Nezezon "THAT by-law 95-22 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by W. Casier Seconded by J. Volkaert "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously /OW REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.Q. BOX 160 STRAFFORDVILLE, ONTARIO MAY 4, 1995 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 4, 1995 in the Council Chambers. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councilors, 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 items. 3. MINUTES (a) Minutes from the special Council meeting held April 11, 1995. (b) Minutes from the regular Council meeting held April 20, 1995. Moved by J. Volkaert Seconded by W. Casier "THAT the minutes of April 11, 1995, and April 20, 1995, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:30 p.m. - Gail Rhynard regarding proposed weed spraying program. Ms. Gail Rhynard appeared before Council to voice objection to the proposed 1995 weed spraying program. Ms. Rhynard informed Council that roadside ditches were home to many native plants. She noted that by spraying for sumac and willow those unique native plants would be wiped out. Ms. Rhynard also went on to add that the chemical 2, 4-D has been found to cause acute toxicity, leading to nausea, vomiting, diarrhoea and chronic respiratory impairment. Ms. Rhynard also noted that the National Cancer Institute concluded that 2, 4-D is carcinogenic in male and female rats and has been associated with certain cancer types found in humans. Ms. Rhynard asked that Council consider another type of vegetation control. In reply to Deputy Reeve Vollcaert's question Ms. Rhynard did not have any information on alternative weed control measures. (b) 8:00 p.m. -Doug Patterson from Red Oaks Travel Park regarding imposition of user fees at the Township's Transfer Station. Doug Patterson from Red Oaks Travel Park appeared before Council to express concern over the fees charged at the Transfer Station. Mr. Patterson explained that as a travel park it was difficult to hold garbage for a two week period during summer months. He noted that recycling and composting were difficult due to the transient nature of the park users. Mr. Patterson advised Council that he was paying double for garbage pick-up COUNCIL MINUTES - 66 - May 4, 1995 through his business tax and property tax. He felt that businesses should have some sort concession in disposing of garbage. 5. TENDERS No items. 6. ACCOUNTS (a) Listing of accounts for the period ending May 18, 1995. (b) Listing of cheques previously issued for the period ending May 2, 1995. Moved by W. Casier Seconded by J. Nezezon "THAT the accounts for the period ending May 2, 1995, be approved for payment." AND THAT the cheques issued for the period ending May 18, 1995, be approved." Disposition: Motion Carried Unanimously 7. PUBLIC MEETINGS No items. 8. CORRESPONDENCE Moved by W. Casier Seconded by J. Volkaert "THAT items 8(b), (c), (d), (e), (f) and (h) be received and filed." Disposition: Motion Carried Unanimously (a) County of Elgin Land Division Committee notice of a public meeting regarding Application #E59/95 submitted by Ivan and Donna Hevenor concerning Lot 9, Concession 10. 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 #E59195 subject to the stipulation of the Planning Act being applied to join the severed parcel with the adjacent lot owned by Ivan and Donna Hevenor." Disposition: Motion Carried Unanimously (b) Long Point Region Conservation Authority circulation of minutes from a meeting held April 5, 1995. (Received and Filed) COUNCIL MINUTES 67 - May 4, 1995 (c) Elgin County Board of Education correspondence regarding 1995 school board mill rates/municipal requirements. (Received and Filed) (d) Groom & Szorenyi correspondence regarding Moore Bridge. (Received and Filed) (e) Copy of correspondence from the County of Elgin Land Division Committee to Murray Abbott regarding the deferral of a decision concerning consent application #B52/95. (Received and Filed) (f) Copy of correspondence from Ball Packaging Products Canada, Inc. to Premier Bob Rae regarding the government's Environmental Levy Policy. (Received and Filed) (g) S.E.R.V.E. Parents Association correspondence regarding a request for a Lottery Licence. Moved by W. Casier Seconded by J. Nezezon "THAT the Clerk Treasurer be instructed to forward the lottery licence application submitted by S.E.R.V.E. Parents' Association to the Ministry of Consumer and Commercial Relations advising that the Council supports the application of S.E.R.V.E. and requests the one year moratorium be removed. Disposition: Motion Carried Unanimously (h) Village of Vienna correspondence regarding the Fire Protection Agreement between the Township and the Village. (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Chief Building Official regarding building permits issued for the period ending April 30, 1995. (7:00 p.m.) Moved by J. Barclay Seconded by W. Casier "THAT the building permits for the month of April, 1995 be approved." Disposition: Motion Carried.Unanimously (b) Report from Clerk Treasurer regarding proposed development agreement between Michelle Szorenyi and the Township. Moved by J. Volkaert Seconded by W. Casier "THAT the draft development agreement be forwarded to the Township Solicitor for review." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 68 - May 4, 1995 (c) Report from Deputy Treasurer regarding a by-law to allow participation in ONE - The Public Sector Group of Funds Investment Fund. Moved by J. Volkaert Seconded by W. Casier "THAT a by-law be given three readings to participation in ONE - The Public Group of Funds and the Treasurer be authorized to execute, on behalf of the Township, any documents necessary to participate in the Fund; AND THAT by-laws 93-18 and 93-33 be repealed ." Disposition: Motion Carried Unanimously (d) Report from Clerk Treasurer regarding Bailey Bridge purchase. Moved by W. Casier Seconded by J. Barclay "That a by-law be given three readings to amend By-law No. 95-6 to authorize the Reeve and Clerk to execute the necessary documents to allow for the purchase of a Bailey Bridge from the Ministry of Transportation." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES Moved by I. Volkaert Seconded by W. Casier "THAT Council do now rise to enter into Committee of the Whole to discuss one matter of personnel, one matter of impending litigation and one matter of security of the municipality." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT the Committee of the Whole do now rise without reporting." Disposition: Motion Carried Unanimously 11. APPLICATIONS (a) Canadian National Railway Company application for an amendment to the Township Zoning by-law concerning Part Lot 5, Concession 9. Moved by J. Nezezon Seconded by J. Volkaert "THAT the application be referred to the Planning consultant for further review." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 69 - May 4, 1995 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Report from Clerk Treasurer regarding proposed amendments to By-law No. 93-6 and By-law No. 93-39. (April 20, 1995) 13. OTHER BUSINESS 14. BY-LAWS 95-23 A by-law to authorize the Township of Bayham to invest money jointly with other eligible investors in Ontario through an agent and to authorize the Treasurer to execute the necessary documents for that purpose 95-24 A by-law to amend By-law No. 95-6 with respect to the agreement to purchase of a Bailey Bridge from the Ministry of Transportation 95-25 Confirming by-law Moved by J. Barclay Seconded by J. Nezezon "THAT by-laws 95-23 and 95-24 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier "THAT by-laws 95-23 and 95-24 be taken as read a third time and finally passed" Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by J. Barclay "THAT by-law 95-25 be taken as read a first and second time." Moved by W. Casier Seconded by J. Volkaert "THAT by-law 95-25 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by J. Nezezon Seconded by J. Barclay "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously ipait 4 , REEVE CLERK COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO MAY 5, 1994 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 5, 1994 in the Council Chambers. Present were Reeve D. Vane Chute, Deputy Reeve Joe Vollcaert Sr., Councillors Wayne Casier, Doug Dennis, Jim Hagell, Road Superintendent James Gibbons and Clerk Treasurer Donald W. MacLeod. 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 Reeve Chute made a disclosure of pecuniary interest and the general nature thereof regarding agenda items 8(k) and 14. Reeve Chute did not partake in voting on By-law No. Z304/94. 3. MINUTES (a) Minutes from the regular Council meeting held April 21, 1994. Moved by D. Dennis Seconded by J. Hagell "THAT the minutes of April 21, 1994 be adopted as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 8:00 p.m. - Long Point Region Conservation Authority representatives, Jim Oliver, Jack Petrie and Margaret Howey to review Authority 1993 year end. Mr. Jim Oliver, General Manager, and Mr. Jack Petrie, Member, of the Long Point Region Conservation Authority appeared before Council to review Authority projects carried out in 1993. In a related matter Mr. Oliver advised Council the Fill Line Mapping Regulations would offer some flexibility in assessing planning applications as they relate to fill lines. He reminded Council that lands within the fill lines were not meant to preclude development but only that a permit was necessary to deposit any fill or construct a structure. In regards to the pollution problems experienced by Port Burwell, Mr. Oliver noted the Authority was working in conjunction with all parties and a steering committee is being proposed under funding from the Great Lakes Clean Up Fund. 5. TENDERS No items. 6. ACCOUNTS (a) Accounts for the period ending May 2, 1994. COUNCIL MINUTES - 55 - May 5, 1994 Moved by W. Casier Seconded by J. Volkaert "THAT the accounts for the period ending May 2, 1994 be approved." Disposition: Motion Carried Unanimously 7. PUBLIC MEETINGS Moved by J. Volkaert Seconded by W. Casier "THAT the meeting be adjourned for the purposes 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 7:30 p.m. and made a disclosure of pecuniary interest and the general nature thereof with respect to an application before Council for an amendment to the Township Zoning By-law. Deputy Reeve Volkaert assumed the chair and advised Council the purpose of the application was receive public input on an application submitted by Vane and Carol Chute for an amendment to the Township Zoning By-law. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF As noted above Reeve Chute made a disclosure of pecuniary interest and the general nature thereof. 3. APPLICATIONS (a) Vane and Carol Chute application for an amendment to the Township Zoning By- law to facilitate the severance of a lot for a dwelling unit for farm labour employed on the retained agricultural parcel concerning the Part of Lot 22, Concession 3. i) Staff Report The Clerk advised Council the purpose of the application is to amend the Zoning By-law to change the zoning on the subject lands to Rural Residential (RR) to facilitate a severance of a lot for a dwelling unit for farm labour. He also noted the remnant farm parcel was being rezoned Agricultural (A1-52) to recognize a deficient area requirement. ii) Presentation By Applicant Mr. Jack Petrie, agent for the applicant, was present on behalf of the applicants but did not address Council. ii) Public Comments No member of the public appeared to speak against of for the proposed amendment. The Clerk advised no comments were received from any of the agencies or ministries circulated. In response to a request from Council the Ministry of Agriculture, Food and Rural Affairs provided correspondence on conformity to the Agricultural Code of Practice of this application. The Ministry noted that if the barn on the remnant farm property was not to house livestock the Code would not apply. However, if the applicant continued to house horses the minimum separation distance would be 452 feet. The applicant provided a letter stating the barn would no longer be used for the housing of any livestock. COUNCIL MINUTES - 56 - May 5, 1994 Hi) Council Questions and Discussions There were no comments or questions from Council. 4. ADJOURNMENT Moved by D. Dennis Seconded by J. Hagell "THAT the public meeting be adjourned." Disposition: Motion Carried Unanimously 8. CORRESPONDENCE Moved by J. Volkaert Seconded by W. Casier "THAT items 8(a), 8(b), 8(c), 8(d), 8(e), 8(1), 8(g) be received and filed." Disposition: Motion Carried Unanimously (a) Minister of Transportation correspondence regarding 1994 Road and Bridge Allocation. (Received and Filed) (b) City of Stratford correspondence regarding Municipal Night at the Stratford Festival Theatre. (Received and Filed) (c) Elgin County Library correspondence regarding 1994 Library budget. (Received and Filed) (d) County of Oxford correspondence regarding naming of boundary roads boundary roads shared with the County of Oxford. (Received and Filed) (e) Fanshawe College correspondence requesting the Township to consider allocating infrastructure grants to the City of St. Thomas to assist Fanshawe College. Moved by J. Hagell Seconded by W. Casier "THAT Fanshawe College be advised that the infrastructure allocation for the Township of Bayham has been accounted for." Disposition: Motion Carried Unanimously (f) Village of Port Burwell correspondence regarding use of wood chipper at the Township Transfer Station. (Received and Filed) (g) Union Gas correspondence regarding submission of an application to the Ontario Energy Board. (Received and Filed) COUNCIL MINUTES - 57 - May 5, 1994 (h) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E51/94 submitted by Stanley James concerning Lots 1,2 & 3, Concession 5. Moved by J. Volkaert Seconded by J. Hagell "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of application E51/94 subject to the following conditions: 1. The applicant make a $500 cash payment to the Township in lieu of parkland dedication. 2. That the Land Division be advised by the Township the subject lands conforms to the Township Zoning By-law." Disposition: Motion Carried Unanimously (i) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E37/94 submitted by De Cloet Ltd. concerning Part Lots 22 & 23, Concession 9. Moved by J. Hagell Seconded by D. Dennis "THAT items correspondence be deferred." Disposition: Motion Carried Unanimously (j) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E38/94 submitted by De Cloet Ltd. concerning Part Lots 21 & 22, Concession 9. Moved by J. Hagell Seconded by D. Dennis "THAT items correspondence be deferred." Disposition: Motion Carried Unanimously (k) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E35/94 submitted by D. Vane & Carol Chute concerning Part Lot 22, Concession 3. In the absence of the Reeve the Deputy Reeve assumed the chair. Moved by W. Casier Seconded by J. Hagell "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of application E35/94 subject to the following conditions: 1. The applicant make a$500 cash payment to the Township in lieu of parkland dedication. 2. That the Land Division be advised by the Township the subject lands conforms to the Township Zoning By-law." COUNCIL MINUTES - 58 - May 5, 1994 Disposition: Motion Carried Unanimously At this point Reeve Chute returned to the chair. (1) County of Elgin Land Division Committee notice of a public meeting regarding consent application#E44/94 submitted by Daniel Lockwood&Deborah Crocker concerning Lots 3, 4 & 5, Plan 113, Eden. Moved by D. Dennis Seconded by J. Hageli "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of application E44194 subject to the applicant making a $500 cash payment to the Township in lieu of parkland dedication." Disposition., Motion Carried Unanimously (m) County of Elgin Land Division Committee notice of a public meeting regarding consent application#E45194 submitted by Blondeel Nursery Inc. concerning Lot 123, Concession S.T.R. Moved by W. Casier Seconded by D. Dennis "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of application E45194 without conditions." Disposition: Motion Carried Unanimously (n) County of Elgin Land Division Committee notice of a public meeting regarding consent application#E46/94 submitted by Blondeel Nursery Inc. concerning Lot 123, Concession S.T.R. Moved by I. 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 E46194 subject to the applicant making a $500 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously (o) County of Elgin Land Division Committee notice of a public meeting regarding consent application#E47/94 submitted by Blondeel Nursery Inc. concerning Lot 123, Concession 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 E47/94 subject to the applicant making a $1000 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 59 - May 5, 1994 (p) County of Elgin Land Division Committee notice of a public meeting regarding consent application#E48/94 submitted by Blondeel Nursery Inc. concerning Lot 123, Concession S.T.R. Moved by D. Dennis Seconded by J. Hagell "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of application E48/94 subject to the applicant making a $1000 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Road Superintendent. (8:30 p.m.) Road Superintendent James Gibbons was present to inform Council of Road Department activities for the period ending May 4, 1994. Mr. Gibbons advised Council he had received an enquiry from a resident in Richmond concerning paving of two streets. Council noted these streets were not budgeted for in 1994 but may be considered later in the year depending on the status of the budget. Ditching and tiling on the Eighth Concession had started in preparation for surface treatment of the road later this year. Mr. Gibbons noted that 90% of gravel roads had received dust suppression treatment. (b) Report from Chief Building Official regarding building permits issued for the period ending April 30, 1994. Moved by J. Vollfaert Seconded by W. Casier "THAT the building permits for the month of April, 1994 be approved." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) Urbain &Louise Vantyghem application for an amendment to the Township Zoning By- law concerning Part Lots 8 & 9, Concession 8. Moved by W. Casier Seconded by J. Hagell "THAT the application of Urbain & Louise Vantyghem for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 9, Concession 8 to Rural Residential to permit the creation of a farm help lot be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 60 - May 5, 1994 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Richmond Community Water Inc. correspondence regarding Richmond water system. (April 21, 1994) (b) Peggy Hicks/Barbara Vanderpass application for an amendment to the Township Official Plan and Zoning By-law concerning Lot 114, Concession 6. (April 7, 1994) Moved by W. Casier Seconded by D. Dennis "THAT the application of Arnold and Barbara Vanderpas (Peggy Hicks) for an amendment to the Township's Official Plan and Zoning By-law to change the Zoning on Part Lot 114, Concession S.T.R. Rural Residential to permit the creation of an Estate Residential lot be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously 13. OTHER BUSINESS 14. BY-LAWS Z309-94 A by-law to amend By-law No. 2387 (Chute) 94-23 Confirming By-law Moved by W. Casier Seconded by D. Dennis "THAT by-law Z309-94 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by D. Dennis Seconded by J. Hagell "THAT by-law Z309-94 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by D. Dennis "THAT by-law 94-23 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT by-law 94-23 be taken as read a third time and finally passed." Dispositions Motion Carried Unanimously COUNCIL MINUTES - 61 - May 5, 1994 15. ADJOURNMENT Moved by J. Hagell Seconded by W. Casier "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO MAY 18, 1995 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 18, 1995 in the Council Chambers. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councilors, John E. Barclay, Wayne Casier, John Nezezon, Clerk Treasurer, Donald W. MacLeod, Deputy Treasurer, Lynn Buchner and Acting Road Superintendent Robert Bartlett. 1. CALL TO ORDER Reeve Chute called the meeting to order at 7:02 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 (a) Minutes from the regular Council meeting held May 4, 1995. Moved by J. Volkaert Seconded by W. Casier "THAT the minutes of May 4, 1995 be adopted." 4. DTI N.GATIONS (a) 7:10 p.m. Cyril Demeyere regarding Village of Vienna Class Environmental Assessment. Mr. Cyril Demeyere appeared before Council to review results of the Class Environmental. Assessment report prepared for the Village of Vienna regarding a proposed sanitary sewage system. Mr. Demeyere reviewed four alternatives for a joint sanitary sewage system for Vienna and the hamlet of Straffordville. The options noted by Mr. Demeyere were: a) Treat sewage from Vienna and Straffordville in Port Burwell. b) A joint plant in Vienna. c) A joint plant in Straffordville. d) A joint plant midway between Straffordville and Vienna. Mr. Demeyere advised Council results of this portion of the study would be made public at a meeting to be held in Vienna later this summer. In reply to Mr. Demeyere's comments Reeve Chute noted that the Township Council was waiting for confirmation of funding from the Ontario Clean Water Agency to conduct an Environmental Study Report for the Hamlet of Straffordville. (b) 8:30 p.m. Doris Ketchabaw regarding a proposed severance at Part Lot 13, Concession 4. Mrs. Doris Ketchabaw appeared before Council to present a proposal to sever a one half acre parcel of land from an existing one acre holding on County Road 45. Mrs. COUNCIL MINUTES - 71 - May 18, 1995 Ketchabaw advised Council she wished to retain the farm house and sever off excess land. Reeve Chute informed Mrs. Ketchabaw severance of this nature was not permitted in the Township's official plan and an amendment to that document would be necessary in order to obtain a severance of this nature. He also noted that recent reforms to the Planning Act excluded severances of this nature. Deputy Reeve Volkaert inquired whether the Elgin-St. Thomas Health Unit had been contacted on the possibility of obtaining a Certificate of Approval for a septic system on a lot of this size. Mrs. Ketchabaw replied that she had not contacted the Health Unit at this point. 5. TENDERS No items. 6. ACCOUNTS (a) Listing of accounts for the period ending May 31, 1995. (b) Listing of cheques previously issued for the period ending May 17, 1995. Moved by J. Barclay Seconded by J. Nezezon "THAT the accounts for the period ending May 31, 1995 be approved for payment, AND THAT the cheques issued for the period ending May 17, 1995 be approved." Disposition: Motion Carried Unanimously 7. PUBLIC MEETINGS 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 1. CALL TO ORDER Reeve Chute called the meeting to order at 7:30 p.m. and advised Council the purpose of the meeting was to receive public input on an application for amendments to the Township Zoning By-law. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF. None noted. 3. APPLICATIONS (a) An application submitted by Sandytown Variety (Alex Cuz) application for an amendment to the Township Zoning By-law and concerning 1 Plank Road S to permit operation of a miniature golf course. COUNCIL MINUTES - 72 - May 18, 1995 i) Staff Report The Clerk advised Council the purpose of the application is to amend the Zoning by-law to add a golf course as a permitted use to the current Hamlet Commercial zoning on the subject property. ii) Presentation By Applicant The applicant was present. Mr. Cuz enquired why there was a delay in having the public meeting. The Clerk advised Mr. Cuz that recent amendments to the Planning Act altered the manner in which zoning by- law amendments are handled. Mr. Cuz asked whether he could open the facility prior to the zoning being in place. The Reeve advised him that if a complaint was received or an objection was file with the Ontario Municipal Board he would have to cease operations. Public Comments No member of the public appeared to speak against or for the proposed amendment. The Clerk noted that no correspondence was received from any of the agencies circulated. iv) Council Questions and Discussions There were no questions from Council. In response to Deputy Reeve Volkaert's question Mr. Cuz stated the mini golf course would close at the same time as the variety store. 4. ADJOURNMENT Moved by J. Barclay Seconded by J. Nezezon "THAT the public meeting be adjourned." 8. CORRESPONDENCE Moved by W. Casier Seconded by J. Barclay "THAT items 8(a), (b), (d), (e), (h) (i), (j), (k) and (1) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of Transportation correspondence regarding Township's request for supplementary subsidy. (Received and Filed) (b) Copy of correspondence from the Ministry of Environment & Energy to Mr. J Burwell regarding burning of tires at Part Lot 26, Concession 9. (Received and Filed) (c) Ministry of Environment & Energy correspondence regarding an appeal of Zoning By- law Z335/95 (Lysy & Sas). Moved by J. Vollcaert Seconded by J. Nezezon "THAT the Clerk be authorized to submit an application to amend the Official Plan so as to include a provision to provide for the use of a Holding Zone." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 73 - May 18, 1995 (d) Ministry of Agriculture, Food &Rural Affairs correspondence regarding 1995/1996 tile drain program. (Received and Filed) (e) Association of Municipalities of Ontario correspondence regarding Canada/Ontario Infrastructure Works Program. (Received and Filed) (f) County of Elgin Land Division Committee notice of a public meeting regarding application#E77/95 submitted by Canadian National Railway Company concerning Part Lot 9, 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 objects to application #E77/95 as the proposal does not conform to the provisions of the Township Zoning By-law." Disposition: Motion Carried Unanimously (g) County of Elgin Land Division Committee notice of a public meeting regarding application #E75/95 submitted by Barbara Van der Pas concerning Part Lot 114, Concession S.T.R. "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of application #E75/95 subject to the applicant making a $500.00 cash payment to the Township of Bayham in lieu of parkland dedication." Disposition: Motion Carried Unanimously (h) Elgin County Roman Catholic Separate School Board correspondence regarding 1995 school board levy and mill rates. (Received and Filed) (i) Copy of correspondence from the County of Elgin to Arthur Eggleton, Minister Responsible for Infrastructure regarding the extension of the Infrastructure Works Program. (Received and Filed) (j) Green Party of Ontario correspondence regarding Township's proposed weed spraying program. (Received and Filed) (k) Long Point Region Conservation Authority correspondence regarding New Forest Management Agreement and Procedures. (Received and Filed) (1) Corporation of the Township of Maidstone correspondence regarding a fee for the preparation of supplementary assessments. (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Acting Road Superintendent concerning Road Department activities for the period ending May 18, 1995. (8:30 p.m.) Acting Road Superintendent Robert Bartlett appeared to advise Council of road department activities for the period ending May 18, 1995. Mr. Bartlett informed Council COUNCIL MINUTES - 74 - May 18, 1995 that reconstruction of the Richard Wood Sideroad had commenced and gravel was being hauled by Township staff and rented trucks. He noted that surface treatment of this road would occur in early July after the road department shut down. Mr. Bartlett informed Council that Malahide Township was in the process of arranging surface treatment of the Malahide Bayham Townline and that this would occur within the next month. As part of this project, Mr. Bartlett advised Council that hot mix asphalt would be laid on certain sections of the road where deterioration had occurred. Mr. Bartlett reported to Council that the 1995 Weed Spraying Program covered approximately 40% of the Township and was conducted on May 16, 1995. In reply to Reeve Volkaert's question Mr. Bartlett replied that a map would be provided to the Clerk for Council to review. (b) Report from Clerk Treasurer regarding closure of part of the Road Allowance Between Lot 118 & 119, Concession N.T.R. Moved by J. Volkaert Seconded by W. Casier "THAT a by-law be given three readings to stop up, close and sell Part of the Road Allowance between Lot 118 and Lot 119, Concession N.T.R." Disposition: Motion Carried Unanimously (c) Report from Clerk Treasurer regarding the closure of Centre Street and Second Alley in the hamlet of Eden. Moved by J. Nezezon Seconded by J. Barclay "THAT a by-law be given three readings to stop up, close and sell part of Centre Street and part of Second Alley, Plan 113, hamlet of Eden." Disposition: Motion Carried Unanimously (d) Report from Deputy Treasurer regarding status of 1995 Budget. The Deputy Treasurer provided Council with a report on the status of the budget. 10. REPORTS OF COUNCIL AND COMMITTEES (a) Minutes of the Bayham, Parks, Recreation and Community Centre Board meeting held May 15, 1995. Mov: i by W. Casier P\P301(A4(0A ReSC[hdeGl y Seton+ by J. Volkaertn j r k eso 4(6,\ „ J tele r S (n s-- • T the • .ort of the Bayham Pa , Recreation and Community Centre Board be • •pted exce: for recommendation i f 5(a)." I •ositio; • Motion .,. 'ed Unanimously Moved 6 J. Volka onded + J. Nezezo • parking e banned the playing elds at the Bayh: I. Community Centre except b • •rmissi i of the To I lip Counc. through a specia •rmit. AND THAT : alk-in g. e be install• ' on Centei• I Avenue. AND THAT angle ► king be : •rmitted on entennial A •nue. COUNCIL MINUTES - 75 - May 18, 1995 AND THAT the entrance on Erie Street be closed to vehicular traffic. AND THAT the perimeter of the Bayham Community Centre be enclosed by a steel wire mesh fence." Disigsition: Motion Carried 11. APPLICATIONS No items. 12. UNFINISHED BUSINESS AND DEFERRED ITEMS No items. 13. OTHER BUSINESS No items. 14. BY-LAWS 95-26 A by-law to close, stop up and sell part of Centre Street and Part of Second Alley, Plan 113, hamlet of Eden. 95-27 A by-law to close, stop up and sell part of the Road Allowance Between Lot 118 & Lot 119, Concession N.T.R. 95-28 Confirming by-law Moved by J. Volkaert Seconded by W. Casier "THAT by-laws 95-26 and 95-27 be taken as read a first and second time." Moved by W. Casier Seconded by J. Volkaert "THAT by-laws 95-26 and 95-27 be taken as read a third time and finally passed." Moved by W. Casier Seconded by J. Nezezon "THAT by-law 95-28 be taken as read a first and second time." Moved by J. Nezezon Seconded by J. Barclay "THAT by-law 95-28 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 76 - May 18, 1995 15. ADJOURNMENT Moved by W. Casier Seconded by J. Barclay "THAT the Council meeting be adjourned." Disposition: Motion Carried Unanimously nt,6,7REEVE CLERK COMMITTEE OF ADJUSTMENT OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO MAY 18, 1995 6:00 P.M. The Committee of Adjustment of the Corporation of the Township of Bayham met on May 18, 1995, at 6:00 p.m. in the Council Chambers to consider Application A/1/95 submitted by Ken & Barbara Everitt and Application A2/95 submitted by Lamers Nuthaven Farms Limited. Present were Chair Joe Volkaert Sr., Vice Chair Wayne Casier, members Lew Acre, Ron Chatten, Rose Laemers and Secretary Treasurer Donald W. MacLeod. 1, CALL TO ORDER The Chair called the meeting to order by stating at 6:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No member of the Committee made disclosure of pecuniary interest and the general nature thereof. 3. APPLICATIONS (a) Application A/1/95 -Ken&Barbara Everitt, Part Lot 124, Concession S.T.R., 39 Plank Road South. i) STAFF REPORT The Secretary Treasurer advised the Committee the minor variance was requested so as to permit construction of accessory building that will require relief from the requirements as set out in Section 6.8 in the Township of Bayham Zoning By-Law No. 2387. The relief applied is from the Maximum Floor Area requirement for accessory buildings of 36.6 m2 (387.5 sq. feet) to 71.35 m2 (768 sq. feet). ii) PRESENTATION BY APPLICANT Mr. Ken Everitt was present and advised the Committee he was requesting permission to construct an accessory building that exceeded the Zoning By-law requirement. He noted the reason he wanted a building of that size was to allow him to store vehicles and a boat in the building. Mr. Everitt remarked that the size of building permitted was insufficient to meet his requirements. iii) PUBLIC COMMENTS No member of the public appeared to speak for or against the application. iv) COMMITTEE QUESTIONS AND DISCUSSIONS Member Rose Laemers stated that this proposal did not appear to be minor in nature due to the size of proposed building. Chair Joe Volkaert noted this proposal differed from a previous application considered by the Committee, due to the location of the property. Member Lew Acre and Vice Chair Wayne Casier both indicated the building appeared too large for the Hamlet Residential Zone. Member Ron Chatten concurred with the Chair that the development dissimilar from the previous application due to its location. (b) Application A/2/95 - Lamers Nuthaven Farms Limited, Part Lot 23, Concession South Gore. COMMITTEE OF ADJUSTMENT - 2 - MAY 18, 1995 MINUTES i) STAFF REPORT The Secretary Treasurer advised the Committee the minor variance was necessary to permit construction of an addition to an existing residential building that will require relief from the requirements as set out in Section 5.7 in the Township of Bayham Zoning By-Law No. 2387. The subject dwelling unit is a legal non-complying use as defined in Section 4.10 of the Zoning By-law, therefore the relief applied for is from the existing Front Yard Depth requirement for this single-family detached residence of 10.03 m (32.9 feet) to 7.89 m (25.9 feet). ii) PRESENTATION BY APPLICANT Mr. Henry Lamers was present but did not address the Committee. iii) PUBLIC COMMENTS No member of the public appeared to speak for or against the application. iv) COMMITTEE QUESTIONS AND DISCUSSIONS There were no questions from the Committee Members. 4. ACTION BY COMMITTEE (a) Application A/1/95 - Ken&Barbara Everitt, Part Lot 124, Concession S.T.R., 39 Plank Road South. Moved by L. Acre Seconded by W. Casier "THAT application A11195 be refused as the application is not minor in nature, does not maintain the spirit and intent of the Zoning By-law and Official Plan and is not compatible development in the Hamlet Residential Zone." Disposition: Motion Carried (b) Application A/2/95 - Lamers Nuthaven Farms Limited, Part Lot 23, Concession South Gore. Moved by R. Chatten Seconded by R. Laemers "THAT application A/2/95 be granted to permit construction of an addition to an existing residential building that will require relief from the requirements as set out in Sections 4.10 and 5.7 in the Township of Bayham Zoning By-Law No. 2387 for from the existing Front Yard Depth requirement for this sing e-family detached residence of 10.03 m (32.9 feet) to 7.89 m (25.9 feet)." Disposition: Motion Carried Unanimously COMMITTEE OF ADJUSTMENT - 3 - MAY 18, 1995 MINUTES 5. ADJOURNMENT Moved by R. Chatten Seconded by W. Casier 'THAT the Committee of Adjustment meeting be adjourned." Disposition: Motion Carried Unanimously CHAIRMAN SECRETARY TREASURER COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.Q. BOX 160 STRAFFORDVILLE, ONTARIO JUNE 1, 1995 7:00 P.M. The regular meeting of the Council of the Township of Bayham was held at 7:00 p.m. on Thursday, June 1, 1995 in the Council Chambers. Present were, Reeve D. 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 (a) Minutes from the regular Council meeting held May 18, 1995. Moved by J. Barclay Seconded by W. Casier "THAT the minutes of May 18, 1995, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 8:00 p.m. Paul DePlancke regarding proposed severance at part lot 16, Concession 8. Mr. DePlancke appeared before Council to present a proposal to sever a lot from a parcel of property at Part Lot 16, Concession 8. Mr. DePlancke also enquired whether Council had any interest in purchasing part of this property for a road realignment. At this point Council rose to enter into Committee of the Whole. Moved by W. Casier Seconded by J. Volkaert "THAT the Council do now rise to enter into Committee of the Whole to consider a matter of property acquisition." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by J. Barclay "THAT the Committee of the Whole do now rise without reporting." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 78 - June 1, 1995 (b) 8:30 p.m. - Ken Everitt regarding a proposal to construct an accessory building larger than permitted in the Hamlet Residential Zone. Mr. Ken Everitt appeared before Council regarding a decision of the Township Committee of Adjustment whereby his application to construct a 768 sq. foot building was turned down. Mr. Everitt noted that several other buildings of that size were previously approved. The Reeve informed Mr. Everitt that Council had no jurisdiction to overturn a Committee of Adjustment decision or to influence them in any matter. He stated that Mr. Everitt could appeal the decision to the Ontario Municipal Board, he could submit an application to amend the Zoning By-law or wait for the Township to possibly amend the Zoning By-law. 5. TENDERS (a) 7:30 p.m. - Renovations for Municipal Office tender. Kevin McIllmurray of Spriet Associates was present to open tenders for renovations to the Municipal Office. Mr. Mclllmurray advised Council that 9 tenders (listed below) were submitted. Hendricks Construction Inc. $239,348.30 Myron Construction $241,178.00 Grassmere Construction $241,906.00 Siebert Construction Inc. $243,744.00 Latos General Contractors $248,739.90 Allied Construction Corporation $249,028.59 Robert Bice Construction $258,854.40 Reid & Deleye Contractors Ltd. $261,153.62 Vanderwal Contracting Ltd. $272,899.22 Mr. Mclllmurray advised Council he would review the tenders and report to Council at the next meeting. Moved by W. Casier Seconded by J. Barclay "THAT acceptance of a tender be deferred pending a review of tenders by the Township's consulting engineer." Disposition: Motion Carried Unanimously (b) Bailey Bridge installation tender. The Clerk advised Council that only one bid was requested due to the equipment needed to complete this project. Moved by W. Casier Seconded by J. Volkaert "THAT the tender of Rideau Valley Construction Limited in the amount of $31,645.70 for the installation of the Robertson Bailey Bridge be accepted." Disposition: Motion Carried Unanimously 6. ACCOUNTS (a) Listing of accounts for the period ending June 14, 1995. COUNCIL MINUTES - 79 - June 1, 1995 (b) Listing of cheques previously issued for the period ending May 30, 1995. Moved by J. Barclay Seconded by J. Nezezon "THAT the accounts for the period ending May 30, 1995, be approved for payment." AND THAT the cheques issued for the period ending June 14, 1995, be approved." Disposition: Motion Carried Unanimously 7. PUBLIC MEETINGS Moved by W. Casier Seconded by J. Volkaert "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 7:30 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. None noted. 3. APPLICATIONS (a) An application submitted by Sandytown Variety (Alex Cuz) application for an amendment to the Township Zoning By-law and concerning 1 Plank Road S to permit operation of a miniature golf course. i) Staff Report The Clerk advised Council the purpose of the application is to amend the Zoning by-law to add a golf course as a permitted use to the current Hamlet Commercial zoning on the subject property. ii) Presentation By Applicant The applicant was present. Mr. Cuz enquired why there was a delay in having the public meeting. The Clerk advised Mr. Cuz that recent amendments to the Planning Act altered the manner in which zoning by- law amendments are handled. Mr. Cuz asked whether he could open the facility prior to the zoning being in place. The Reeve advised him that if a complaint was received or an objection was file with the Ontario Municipal Board he would have to cease operations. Public Comments No member of the public appeared to speak against or for the proposed amendment. The Clerk noted that no correspondence was received from any of the agencies circulated. COUNCIL MINUTES - 80 - June 1, 1995 iv) Council Questions and Discussions There were no questions from Council. In response to Deputy Reeve Volkaert's question Mr. Cuz stated the mini golf course would close at the same time as the variety store. (b) An application submitted by Mass & Shirley Brunekreeft for an amendment to the Township Zoning By-law and concerning Part Lot 10, Concession 10 to permit operation of a small engine repair shop and lawnmower sales establishment. i) Staff Report The Clerk advised Council the purpose of the application is to amend the Zoning By-law to change the zoning on the subject lands to Special Rural Commercial (RC) to permit the establishment of a small engine repair shop and a lawnmower sales shop. Presentation By Applicant The applicants were present but did not address Council. iii) Public Comments No member of the public appeared to speak against or for the proposed amendment. The Clerk advised that the Elgin -St. Thomas Health Unit replied with no objection to the proposal. This was the only comment received from any of the agencies or ministries circulated. iv) Council Questions and Discussions In reply to Councillor Casier's question the Clerk noted the Special zoning only applied to a 3 hectare area around the existing buildings. There were no comments or questions from Council. (c) An application submitted by Rosemary White for an amendment to the Township Zoning By-law to change the zoning at Part Lot 26, Concession 8 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 on the subject lands to permit the severance of a 1.0 hectare (2.4 acre) retirement lot. ii) Presentation By Applicant The applicant's agent, Jack Petrie, was present but did not address Council. Hi) Public Comments No member of the public appeared to speak against or for the proposed amendment. The Clerk advised that the Elgin- St. Thomas Health Unit replied with no objection to the proposal. The Long Point Region Conservation Authority advised Council that the applicant should ensure there is sufficient room to build a residence and the associated services and still conform to the newly enacted Provincial Comprehensive Policy Statements. These were the only comment received from any of the agencies or ministries circulated. iv) Council Questions and Discussions In reply to Deputy Reeve Volkaert's question Mr. Petrie advised Council he was certain of the fact there is sufficient land to house a septic system and a well. There were no other comments or questions from Council. COUNCIL MINUTES - 81 - June 1, 1995 4. ADJOURNMENT Moved by J. Volkaert Seconded by J. Nezezon "THAT the public meeting be adjourned." Disposition: Motion Carried Unanimously 8. CORRESPONDENCE Moved by J. Volkaert Seconded by W. Casier "THAT items 8(a), (b), (d), (e), (f), (g), (h), (i), (k) and (1) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of Environment & Energy correspondence regarding a development freeze in the hamlet of Straffordville. (Received and Filed) (b) Ministry of Agriculture, Food & Rural Affairs correspondence regarding Drain Maintenance/Superintendent Program. (Received and Filed) (c) Ministry of Natural Resources correspondence regarding and application for a licence submitted by Strickland Bulldozing and Enterprises Limited to operate a sand and gravel pit at Part Lot 2, Concession 5. Moved by J. Nezezon Seconded by W. Casier "THAT the Ministry of Natural Resources be advised the Council of the Township of Bayham has no objection to the establishment of a sand and gravel pit by Strickland Bulldozing and Enterprises Limited at Part Lot 2, Concession 5." Disposition: Motion Carried Unanimously (d) Canada/Ontario Infrastructure Works Program correspondence regarding a plaque unveiling for the Township Firehall. (Received and Filed) (e) Copy of correspondence from the County of Elgin Land Division Committee to Michael Down regarding an appeal against the decision of the Land Division Committee concerning consent application #E57/95. (Received and Filed) (f) Association of Municipalities of Ontario correspondence regarding the upcoming Provincial Election. (Received and Filed) (g) County of Elgin correspondence regarding Civic Addressing Implementation Team. (Received and Filed) (h) Sandra Carson correspondence regarding Transfer Station user fees. (Received and Filed) COUNCIL MINUTES - 82 - June 1, 1995 (i) Copy of correspondence from the Ministry of Natural Resources to John Csinos regarding road/dam crossing works at Part Lot 21, Concession 4. (Received and Filed) (j) Town of Newmarket correspondence regarding a resolution concerning Division Registrar Duties. Moved by J. Barclay Seconded by W. Casier "THAT the resolution of the Town of Newmarket with respect to the duties of Division Registrars be endorsed and the Minister of Consumer and Commercial Relations be so advised." Disposition: Motion Carried Unanimously (k) Town of Newmarket correspondence regarding a resolution concerning the Provincial Gasoline Tax and municipal Division Registrar Duties. (Received and Filed) (1) Ken&Barbara Everitt correspondence regarding an amendment to the Township Zoning by-law to permit construction of an accessory building larger than permitted in the Hamlet Residential Zone. (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from the Township planning consultant regarding Official Plan Amendment No. 92. Moved by J. Volkaert Seconded by W. Casier "THAT the report be tabled." Disposition: Motion Carried Unanimously (b) Report from the Township planning consultant regarding Canadian National Railway Company's Zoning Amendment application. Moved by W. Casier Seconded by J. Nezezon "THAT the application of Canadian National Railway Limited be refused." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) Peter Giesbrecht(Gerry Scott)application for an amendment to the Township Zoning by- law concerning Part Lot 109, Concession N.T.R. Moved by J. Barclay Seconded by J. Nezezon COUNCIL MINUTES - 83 June 1, 1995 11. APPLICATIONS (a) Peter Giesbrecht(Gerry Scott)application for an amendment to the Township Zoning by- law concerning Part Lot 109, Concession N.T.R. Moved by J. Barclay Seconded by J. Nezezon "THAT the application of Peter Giesbrecht (Gerald Scott) for an application to the Township Zoning By-law to permit the severance of a parcel of land to be added to an adjoining agricultural parcel of land." Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS No items. 13. OTHER BUSINESS 14. BY-LAWS Z340-95 A by-law to amend By-law No. 2387. (Sandytown Variety - Alex Cuz) 95-29 Confirming by-law Moved by J. Volkaert Seconded by W. Casier "THAT By-law Z340-95 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by W. Casier "THAT by-law Z340-95 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 95-29 be taken as read a first and second time." Disposition:, Motion Carried Unanimously Moved by J. Barclay Seconded by J. Nezezon "THAT by-law 95-29 be taken as read a third time and finally passed" Disposition: Motion Carried Unanimously COUNCIL MINUTES - 84 - June 1, 1995 15. ADJOURNMENT Moved by J. Nezezon Seconded by W. Casier "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously REEVE C COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO JUNE 15, 1995 6:30 P.M. The regular meeting of the Council of the Township of Bayham was held at 6:30 p.m. on Thursday, June 15, 1995 in the Council Chambers. Present were, Reeve D. 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 and Chief Building Official Dwayne Daniel. 1. CALL TO ORDER Reeve Chute called the meeting to order at 6:30 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. 3. MINUTES (a) Minutes from the regular Council meeting held June 1, 1995. Moved by J. Barclay Seconded by W. Casier "THAT the minutes of June 1, 1995, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 8:00 p.m. - Dorothy & Joseph Neville regarding a proposal to enclose the Bayham Community Centre with chain link fence. Dorothy &Joe Neville and Jim Van Asseldonk appeared before Council to voice concern over a proposal to enclose the Bayham Community Centre with chain link fence. In response to Mr. Neville's question, Reeve Chute noted the fence was proposed for the safety of children playing at the park. Deputy Reeve Volkaert added it would also prevent all terrain vehicles from having access to the park. In response to Council's concerns over all terrain vehicles, Mr. Neville stated if the park was not fenced, area residents would police the park to prevent these vehicles from using the park. Moved by W. Casier Seconded by J. Nezezon "THAT the resolution dated May 18, 1995, for agenda item 10(a) is hereby rescinded." Disposition: Motion Carried Unanimously 5. TENDERS No items. COUNCIL MINUTES - 86 - June 15, 1995 6. ACCOUNTS (a) Listing of accounts for the period ending June 30, 1995. (b) Listing of cheques previously issued for the period ending June 13, 1995. Moved by J. Volkaert Seconded by W. Casier "THAT the accounts for the period ending June 30, 1995, be approved for payment." AND THAT the cheques issued for the period ending June 13, 1995, be approved." Disposition: Motion Carried Unanimously 7. PUBLIC MEETINGS No meetings scheduled. 8. CORRESPONDENCE Moved by J. Nezezon Seconded by J. Barclay "THAT items 8(a), (b), (c), (d), (e), (f), (g), (h), (i), (k), (1), (m), (n), and (o) be received and filed." Disposition: Motion Carried Unanimously (a) Ontario Municipal Board decision regarding an appeal of Zoning By-law No. Z297-93. (Received and Filed) (b) Copy of correspondence from the Ministry of Natural Resources to the County of Elgin Land Division Committee regarding Land Division Committee Application #E52195 submitted by Neil Procunier concerning Part Lots 114 and 115, Concession N.T.R. (Received and Filed) (c) Ministry of Environment & Energy correspondence regarding 1995 rubber modified asphalt program. (Received and Filed) (d) Environment Canada correspondence regarding Lake Erie Lakewide Management Plan. (Received and Filed) (e) County of Elgin correspondence regarding property located at he south-east corner of County 43 and County Road 45. (Received and Filed) (f) Long Point Region Conservation Authority circulation of minutes from a meeting held May 3, 1995. (Received and Filed) COUNCIL MINUTES - 87 - June 15, 1995 (g) Spriet Associates correspondence regarding Change Work Order #6 for the Township Fire Hall. (Received and Filed) (h) Doane Raymond correspondence regarding the 1994 municipal audit. (Received and Filed) (1) County of Elgin Land Division Committee notice of a public meeting regarding Application #E52195 submitted by Neil Procunier concerning Part Lots 114 and 115, Concession N.T.R. (Received and Filed) (j) County of Elgin Land Division Committee notice of a public meeting regarding Application #E78/95 submitted by Wilhelmus Schutten concerning Part Lot 6, Concession 4. Moved by J. Barclay Seconded by J. Nezezon "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham does not recommend approval of application #E78195 as the proposal does not conform to the consent policies of the Township's Official Plan." Disposition: Motion Carried Unanimously (k) County of Elgin Land Division Committee notice of a public meeting regarding Application#E79/95 submitted by Michael &Frances Glass concerning Part Lots 18, 19 & 20, Concession North Gore. (Received and Filed) (1) County of Elgin Land Division Committee notice of a public meeting regarding Application #E75195 submitted by Barbara Van der Pas concerning Part Lots 113 and 114, Concession 6 S.T.R. (Received and Filed) (m) County of Elgin Land Division Committee notice of a public meeting regarding application #E77/95 submitted by Canadian National Railway Company concerning Part Lot 9, Concession 9. (Received and Filed) (n) Township of Norfolk Committee of Adjustment notice of a public meeting regarding an application to sever a parcel of land in Part Lot 1, Concession 3 (Middleton). (Received and Filed) (o) Township of Norfolk correspondence regarding reading of the Friesen Drain Report. (Received and Filed) (p) Straffordville Lions Club request for a Special Occasion Permit. Moved by W. Casier Seconded by J. Volkaert "THAT the Council of the Township of Bayham has no objection to the issuance of a Special Occasion Permit to the Straffordville Lion's Club at the Bayham Community Centre on August 11th and 12th, 1995. Disposition: Motion Carried Unanimously COUNCIL MINUTES - 88 - June 15, 1995 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Clerk Treasurer regarding Council meetings. Moved by J. Volkaert Seconded by J. Barclay "THAT the report be received and filed." (b) Report from Deputy Treasurer regarding the appointment of a municipal auditor. Moved by J. Barclay Seconded by W. Casier "THAT a by-law be given three readings to appoint Doane Raymond as the Township's auditor for the 1995 fiscal year." Disposition: Motion Carried Unanimously (c) Report from Chief Building Official concerning building permits for the period ending May 31, 1995. Moved by J. Nezezon Seconded by J. Barclay "THAT the building permits for the month of May, 1995 be approved." (d) Report from Clerk Treasurer regarding accessory building size regulations. Moved by W. Casier Seconded by J. Nezezon "THAT the Clerk be authorized to initiate an application to amend the Zoning By- Ar'lroteci law to amend the Hamlet Rtes'dential zoning regulations to permit accessory building (Y k6,50�u4ra� with a floor area of square feet or a maximum lot coverage of 8% with a ^n maximum peak height of 14.5 feet." U� June t iS Disposition: Motion Carried Unanimously (e) Report from Clerk Treasurer regarding proposed access and entrance policy. Moved by J. Volkaert Seconded by W. Casier "THAT the Policy 2.13.1, as amended, be adopted as the Entrance and Access Policy for the Township of Bayham; AND THAT this policy is to be implemented July 1, 1995." Disposition: Motion Carried Unanimously (f) Report of Livestock Valuer on losses sustained by George Jansen. Moved by J. Nezezon Seconded by W. Casier COUNCIL MINUTES - 89 - June 15, 1995 "THAT the report of the Livestock Valuer concerning losses sustained by George Jansen be accepted and that compensation in the amount of $90.00 be paid." Disposition: Motion Carried Unanimously (g) Report from Township solicitor concerning a matter of information that is subject to Solicitor-Client privilege. Moved by W. Casier Seconded by J. Volkaert "THAT Council do now rise into Committee of the Whole to discuss a matter of Solicitor-Client privilege." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by W. Casier "THAT the Committee of the Whole rise without reporting." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) Catalina&Omer Tourigny application for an amendment to the Township Zoning by-law concerning Part Lot 123, Concession N.T.R. Moved by J. Volkaert Seconded by J. Barclay "THAT the application of Omer & Catalina Tourigny for an application to the Township Zoning By-law to permit the creation of a self contained second dwelling unit be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Tender for renovations to the Municipal Office. (June 1, 1995) Mr. Kevin Mclllmurray from Spriet Associates was present to review deletions to the tender for renovations to the Municipal Office. (b) Report from the Township planning consultant regarding Official Plan Amendment No. 92. (June 1, 1995) 13. OTHER BUSINESS COUNCIL MINUTES - 90 - June 15, 1995 14. BY-LAWS 95-30 A by-law to appoint Doane Raymond as the municipal auditor for the 1995 fiscal year Z339-95 A by-law to amend By-law No. 2387. (Brunekreeft) Z341-95 A by-law to amend By-law No. 2387. (Rosemary White) 95-31 Confirming by-law Moved by J. Volkaert Seconded by W. Casier "THAT by-laws 95-30, Z339-95 and Z341-95 be taken as read a first and second time." Disposition; Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT by-laws 95-30, Z339-95 and Z341-95 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by J. Nezezon "THAT by-law 95-31 be taken as read a first and second time. Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by J. Barclay "THAT by-law 95-31 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by J. Volkaert Seconded by W. Casier "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously /0 V. REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDViLLE, ONTARIO JUNE 28, 1995 7:00 P.M. The regular meeting of the Council of the Township of Bayham was held at 7:00 p.m. on Wednesday, June 28, 1995 in the Council Chambers. Present were, Reeve D. 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 or the general nature thereof. 3. MINUTES (a) Minutes from the regular Council meeting held June 15, 1995. Moved by W. Casier Seconded by J. Barclay "THAT the minutes of June 15, 1995, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:00 p.m. - James & Muriel MacDonald regarding a proposal to spread sewage sludge at Part Lot 24, Concession 8. Jim & Muriel MacDonald appeared before Council regarding a proposal to spread sewage sludge at Part Lot 24, Concession 8, on property owned by William Baldwin. Mr. MacDonald informed Council that a letter had been sent to the Ministry of Environment & Energy outlining concern over potential side effects from spreading of sewage sludge. In reply to Mrs. MacDonald, Reeve Chute noted the Township is not circulated on applications to spread sludge. Insofar as passing a by-law to prohibit or regulate the spreading of sewage sludge the Clerk advised Council that research would have to conducted in order to assess to legality of doing so. The Deputy Reeve suggested that a letter be sent to the Ministry of Environment & Energy requesting notification be sent to the Township and adjacent land owners when there is a proposal to spread sewage sludge. 5. INFORMATION ITEMS Moved by J. Volkaert Seconded by W. Casier "THAT items 5(a) and 5(b) be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 92 - June 28, 1995 (a) Association of Municipalities of Ontario Updates. (Received and Filed) (b) Association of Municipalities of Ontario correspondence regarding 1995 annual conference. (Received and Filed) 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE & REPORTS (a) Ministry of Municipal Affairs correspondence regarding Official Plan Amendments Nos. 101 & 102 Moved by J. Nezezon Seconded by W. Casier "THAT the correspondence be forwarded to the Township planning consultant for comment." Disposition: Motion Carried Unanimously (b) County of Elgin Land Division Committee notice of a public meeting regarding Application #E92/95 submitted by Peter Giesbrecht concerning Part Lots 109, Concession 7 N.T.R. 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 #E92/95 subject to a zone change for the retained parcel to recognize a deficient lot area." Disposition: Motion Carried Unanimously (c) County of Elgin Land Division Committee notice of a public meeting regarding Application#E93/95 submitted by Konrad&Katharina Stickl concerning Part Lot 19, Concession 6 S.T.R. 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 #E93/95 subject to the following conditions: 1. That the applicant make a $500 cash payment to the Township in lieu of parkland dedication. 2. That the severed parcel be rezoned so as to permit the intended use. 3. That the applicant enter into a development agreement with the Township." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 93 - June 28, 1995 (d) County of Elgin Land Division Committee notice of a public meeting regarding Application #E95/95 submitted by John & Laurel Nasswetter concerning Part Lots 16 & 17, Concession 4. 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 #E95/95 subject to the following conditions: 1. That the applicant make a $500 cash payment to the Township in lieu of parkland dedication. 2. That the applicant enter into a development agreement with the Township." Disposition: Motion Carried 2. UNFINISHED BUSINESS (a) Report from the Township planning consultant regarding Official Plan Amendment No. 92. (June 1, 1995) 3. OTHER BUSINESS Discussion ensued regarding a resolution passed at the June 15, 1995, meeting with respect to a proposal to amend By-law No. 2387, with respect to the maximum floor area of Hamlet Residential accessory buildings. It was proposed that the maximum floor area be enlarged to 800 square feet. Moved by J. Nezezon Seconded by J. Volkaert "THAT the resolution dated June 15, 1995 with respect to item 9(d) be amended by striking out the clause "with a floor area of 576 square feet" and replacing it with 800 square feet." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE & REPORTS (a) Township of Norfolk correspondence regarding sitting of the Court of Revision for the Friesen Drain Report. Moved by J. Nezezon Seconded by W. Casier "THAT Joe Volkaert be appointed as Bayham Township's representative to sit on the Court of Revision for the Friesen Drain to be held on July 11, 1995 at 7:05 p.m. at the Township of Norfolk." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. COUNCIL MINUTES - 94 - June 28, 1995 3. OTHER BUSINESS No items. S. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE & REPORTS (a) Smylie & Crow Associates Inc. invoice for consultation services rendered concerning the Bayham Community Centre. Moved by J. Volkaert Seconded by J. Nezezon "THAT invoice No. 5531 from Smylie & Crow Associates Inc. be approved for payment." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE & REPORTS (a) The Canadian National Institute for the Blind correspondence requesting permission to sell 1996 Lottery Calendars in Bayham Township. Moved by J. Volkaert Seconded by W. Casier "THAT the Canadian National Institute for the Blind be advised the Council of the Township of Bayham does not object to the sale of 1996 Lottery Calendars in Bayham Township." Disposition: Motion Carried Unanimously (b) Report from Clerk Treasurer regarding a revised Procedural By-law. Moved by W. Casier Seconded by J. Barclay "THAT the report be tabled." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 95 - June 28, 1995 2. UNFINISHED BUSINESS (a) Tender for renovations to the Municipal Office. (June 1, 1995) Moved by J. Volkaert Seconded by W. Casier "THAT the tender of Hendricks Construction Ltd. in the amount of $208,620.04 for the renovations to the Municipal Office be accepted." 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 1. CORRESPONDENCE & REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 12. BY-LAWS 95-32 A by-law to adopt the assessment on which the taxes shall be levied for the year 1995, to levy the taxes for the year 1995 and to provide for the collection thereof 95-33 A by-law to govern the proceedings of Council and Committees, the conduct of its Members and the calling of Meetings. 95-34 Confirming by-law COUNCIL MINUTES - 96 - June 28, 1995 Moved by J. Barclay Seconded by J. Nezezon "THAT by-laws 95-32 and 95-33 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by W. Casier "THAT by-laws 95-32 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 95-34 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by W. Casier "THAT by-law 95-34 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." Disposition: Motion Carried Unanimously Efrit ` REEVE _ CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAF F ORDVILLE, ONTARIO JULY 6, 1995 7:00 P.M. The regular meeting of the Council of the Township of Bayham was held at 7:00 p.m. on Thursday, July 6, 1995 in the Council Chambers. Present were, Reeve D. 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 or the general nature thereof. 3. MINUTES (a) Minutes from the regular Council meeting held June 28, 1995. Moved by W. Casier Seconded by J. Barclay "THAT the minutes of June 28, 1995, as amended, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:15 p.m. - Paul DePlancke regarding a proposed severance at Part Lot 16, Concession 8. Mr. DePlancke appeared before Council to present a proposal to sever a lot from a parcel of property at Part Lot 16, Concession 8. Reeve Chute advised Mr. DePlancke that under the new Planning Act Guidelines, consents of this nature are not permitted. He noted that retirement lots, surplus dwellings and certain infill situations were the only consents allowed in agricultural zones. Reeve Chute enquired whether Mr. DePlancke would be willing to revert the retirement lot previously severed from this holding back to the farm holding and sever the lot he is now requesting. Mr. DePlancke told the Reeve he would be willing to make the trade off. Mr. DePlancke also indicated he may be willing to file an application for a severance if Council would support the application. Reeve Chute explained to Mr. DePlancke Council would be put in a difficult position supporting a severance that did not comply with regulations. (b) 8:00 p.m. - William Baldwin regarding a proposal to spread sewage sludge at Part Lot 24, Concession 8. Mr. William Baldwin appeared before Council regarding a proposal to spread sewage sludge on his land located at Part Lot 24, Concession 8. Mr. Baldwin enquired why Council recommended the application not be approved without visiting the site o$ conferring with him. Deputy Reeve Volkaert expressed concern over potential side effects from spreading of sewage sludge. COUNCIL MINUTES - 98 - July 6, 1995 5. INFORMATION ITEMS Moved by J. Nezezon Seconded by J. Barclay "THAT items 5(a), (b), (c), (d), (e), (1), (g), and (h) be received and filed." Disposition; Motion Carried Unanimously (a) Copy of correspondence from the Ontario Municipal Board to the Ministry of Agriculture, Food & Rural Affairs regarding an appeal of Consent submission #E57/95 Robert & Thomas Carrel. (Received and Filed) (b) Copy of correspondence from the Ministry of Environment &Energy to the Ministry of Municipal Affairs regarding Official Plan Amendment No. 92 (reiser & Wiggers). (Received and Filed) (c) Various media articles.(Received and Filed) (d) Cordillera Institute Journal. (Received and Filed) (e) Copy of correspondence from the Long Point Region Conservation Authority to Gundy Goutouski concerning Official Plan Amendment No. 96. (Received and Filed) (f) Southwestern Ontario Travel Association media release concerning Lake Erie North Shore Tour Program launch. (Received and Filed) (g) Long Point Region Conservation Authority circulation of minutes from a meeting held June 7, 1995. (Received and Filed) (h) Association of Municipalities of Ontario request for nominations for 1995-96 AMO Board of Directors. (Received and Filed) 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE & REPORTS (a) Bayham, Parks, Recreation & Community Centre Board correspondence regarding bids received for proposed renovations of Bayham Community Centre. Tillsonburg Mechanical $70,000.00 plus GST Danjust Mechanical $64,488.80 incl GST, will allow a 5% discount ($3,224.44) if 50% is paid after phase 1 & 2 is completed. R & R Refrigeration $61,128.00 plus GST D & Y Mechanical $49,300.00 plus GST Andrews Mechanical $58,836.83 plus GST COUNCIL MINUTES - 99 - July 6, 1995 Moved by J. Volkaert Seconded by W. Casier "THAT the tender of D & Y Mechanical in the amount of $52,751,00 (GST included) for the installation of a heating/cooling system as specified in the plans prepared by Smylie & Crow Associates Inc. at the Bayham Community Centre." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Report from the Township planning consultant regarding Official Plan Amendment No. 92. (June 1, 1995) Moved by J. Nezezon Seconded by W. Casier "THAT the Ministry of Municipal Affairs be advised the Council of the Township of Bayham hereby accepts the Ministry Modifications to Official Plan Amendment No. 92." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No items. 4. PUBLIC MEETINGS - 7:00 p.m. Moved by J. Barclay 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 7:05 p.m. and advised Council the purpose of the public meeting was to receive input on an application to amend the Township's Official Plan. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No member of Council made a disclosure of pecuniary interest or the general nature thereof. 3. APPLICATIONS (a) An application for an amendment to the Township Official Plan to add policies to the Official Plan which will apply to the use of a Holding (H) Symbol in Township Zoning By-laws. COUNCIL MINUTES - 100 - July 6, 1995 4. STAFF REPORT The Clerk advised Council the Planning Act provides for the use of a holding symbol in zoning by-laws provided there is an official plan in effect containing provisions relating to the use of the holding symbol. These symbols may be used in conjunction with any land use category to specify the use to which lands, buildings or structures may be put at such time in the future as the holding symbol is removed by amendment to the by-law. The holding symbol would typically be removed after a number of pre-development conditions are met. Such conditions may include, but not necessarily limited to the provision of private and/or public infrastructural servicing. The conditions may also be related to an expressed intent to phase development. Future urban expansion in the Township is anticipated in and around the existing hamlet areas, and within the built up corridors situated along major highways and county roads. As a result, there are many opportunities for the use of a holding symbol in areas where future development may be accommodated after establishing the compatibility and servicing feasibility of development, and the demand for new building lots. 5. PRESENTATION BY APPLICANT 6. PUBLIC COMMENTS No member of the public appeared to speak against or for the proposed amendment. The Clerk advised that the Elgin - St. Thomas Health Unit and the Ministry of Transportation replied with no objection to the proposal. These were the only comments received from any of the agencies or ministries circulated. 7. COUNCIL QUESTIONS AND DISCUSSION There were no comments or questions from Council. 8. ADJOURNMENT Moved by W. Casier Seconded by J. Nezezon "THAT the public meeting be adjourned." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE & REPORTS (a) Report from Acting Road Superintendent (7:30 p.m.). Acting Road Superintendent Robert Bartlett was present to advise Council on Road Department activities for the period ending July 5, 1995. Mr. Bartlett advised Council that all roadsides had been mowed for safety purposes. If required this would completed once more. Mr. Bartlett informed Council that the Bailey Bridge had been installed by Rideau Valley Constructors. The deck and approaches would be completed after the two week shut down. He noted that Richard Wood Road and Carson Road would be tarred and chipped the first week of August. COUNCIL MINUTES - 101 - July 6, 1995 (b) Report from Clerk Treasurer regarding the Friesen Drain. Moved by J. Volkaert Seconded by W. Casier "THAT the report from the Clerk Treasurer be adopted and a by-law be given two readings to provisionally adopt a by-law to provide for the construction of the Friesen Drain." 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 Chief Building Official regarding building permits issued for the month of June. Moved by W. Casier Seconded by J. Volkaert "THAT the building permits for the month of June be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 9. FINANCE, ADMINISTRATION & PERSONNEL Moved by W. Casier Seconded by J. Barclay "THAT reports 9-1(c) and 9-1(d) be received and filed." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE & REPORTS (a) Listing of accounts for the period ending July 14, 1995, and a listing of cheques previously issued for the period ending July 4, 1995. COUNCIL MINUTES - 102 - July 6, 1995 Moved by J. Nezezon Seconded by W. Casier "THAT the accounts for the period ending July 14, 1995, be approved for payment." AND THAT the cheques issued for the period ending July 4, 1995, be approved." Disposition: Motion.Carried Unanimously (b) Town of Oakville correspondence requesting support of a resolution calling for a moratorium on the implementation of Region/County/Municipal Market Value Reassessments. Moved by J. Volkaert Seconded by W. Casier "THAT the resolution of the Town of Oakville be endorsed." Disposition: Motion Lost Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (c) Report from Deputy Treasurer regarding tax arrears status. (Received and Filed) (d) Report from Deputy Treasurer regarding budget estimate on construction of the Township Firehall. (Received and Filed) 2. UNFINISHED BUSINESS (a) Report from Clerk Treasurer regarding a revised Procedural By-law. (June 28, 1995) Moved by W. Casier Seconded by J. Barclay "THAT a by-law be given a third reading to adopt a revised Procedural By- law as amended." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No items. 10. ENVIRONMENT 1. CORRESPONDENCE & REPORTS No items. COUNCIL MINUTES - 103 - July 6, 1995 2. UNFINISHED BUSINESS No items 3. OTHER BUSINESS No items. 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE & REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 12. BY-LAWS 95-33 A by-law to govern the proceedings of Council and Committees, the conduct of its Members and the calling of Meetings. (Third reading only) 95-35 A by-law to provide for the construction of the Friesen.Drain in the Township of Bayham. (First and Second Reading only) 95-36 A by-law to adopt Official Plan Amendment No. 103 - Holding Zone Provisions. (First and Second Reading only) 95-37 Confirming by-law Moved by W. Casier Seconded by J. Barclay "THAT by-laws 95-35 and 95-36 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by W. Casier "THAT by-law 95-33 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by J. Volkaert "THAT by-law 95-37 be taken as read a first and second time." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 104 - July 6, 1995 Moved by J. Barclay Seconded by J. Nezezon "THAT by-law 95-37 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." Disposition: Motion Carried Unanimously /10 */ REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO JULY 20, 1995 7:00 P.M. The regular meeting of the Council of the Township of Bayham was held at 7:00 p.m. on Thursday, July 20, 1995 in the Council Chambers. Present were, Reeve D. 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 or the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council meeting held July 7, 1995. Moved by J. Volkaert Seconded by W. Casier "THAT the minutes of July 7, 1995, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:15 p.m. - Anne Moore regarding summer garbage collection. Mrs. Moore did not appear for the appointment. 5. INFORMATION ITEMS Moved by J. Barclay Seconded by J. Volkaert "THAT items 5(a), (b), (c), (d), (e), (f) and (g) be received and filed." Disposition: Motion Carried Unanimously (a) Canada Mortgage and housing Corporation correspondence regarding the Rural and Native Housing Program. (Received and Filed) (b) Copy of correspondence from the Long Point Region Conservation Authority to all landowners within the Lower Big Otter Creek watershed regarding erosion control measures along Big Otter Creek. (Received and Filed) COUNCIL MINUTES 106 July 20, 1995 (c) Ministry of Finance correspondence regarding 1994 Annual Review of the Property Assessment Division. (Received and Filed) (d) Industry Canada, Spectrum Management Division, correspondence regarding Industry Canada publication entitled Environmental Process, Radiofrequency Fields and Land-use Consultation. (Received and Filed) (e) Elgin Community Leaders' Letter. (Received and Filed) (f) Copy of correspondence from the Elgin - St. Thomas Health Unit to Harold Van Galen regarding the discharge of sewage effluent. (Received and Filed) (g) Ministry of Transportation correspondence regarding changes to the approval process for municipal bridge designs and bridge load limit by-laws. (Received and Filed) 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE & REPORTS (a) DeCloet Ltd. application for an amendment to the Township Zoning By-law to change the zoning on Part Lot 22, Concession 9. Moved by J. Volkaert Seconded by W. Casier "THAT the application of DeCloet Ltd. for an amendment to the Township Zoning By-law to change the zoning on Part Lot 22 from Future Development to Hamlet Residential and from Agricultural to Rural Industrial (M2-5) be deferred." Disposition: Motion Carried Unanimously (b) Minutes from the Bayham, Parks, Recreation & Community Centre Board meeting held June 26, 1995. Moved by W. Casier Seconded by J. Barclay "THAT the minutes of the Bayham, Parks, Recreation & Community Centre Board be received." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS (a) Councillor Barclay reported that D & Y Construction had commenced construction on the Bayham Community Centre. He advised that interior work was to be completed by July 29, 1995 with the air conditioning units to be operational by the end of August. COUNCIL MINUTES - 107 - July 20, 1995 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE & REPORTS (a) Report from Clerk Treasurer regarding the Guide to Agricultural Land Use and Minimum Distance Separation I & II. Moved by W. Casier Seconded by J. Volkaert "THAT the report 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) County of Elgin correspondence regarding Civic Addressing Project. Moved by J. Barclay Seconded by W. Casier "THAT the County of Elgin be advised the Township of Bayham hereby agrees to contribute the necessary funds to allow for the rental of a vehicle and the purchase of a measuring device to carry out mapping necessary for the implementation of the Civic Addressing Project." Disposition: Motion Carried Unanimously (b) Ontario Federation of Anglers & Hunters correspondence regarding the control of purple loosestrife. Moved by J. Volkaert Seconded by J. Barclay "THAT the Clerk be authorized to initiate procedures to have Lythrum Salicaria (Purple Loosestrife) declared a noxious weed. Disposition: Motion Carried 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. COUNCIL MINUTES m 108 - July 20, 1995 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE & REPORTS (a) Village of Port Burwell correspondence requesting a donation to the Port Burwell Recreation Committee toward the Tub Daze fireworks display. Moved by J. Volkaert Seconded by W. Casier "THAT a donation of $100.00 be made to the Port Burwell Recreation Committee toward the Tub Daze fireworks display." Disposition: Motion Carried (b) Cash disbursement report of accounts for the period ending July 18, 1995, and a cheque register of cheques previously issued for the period ending July 10, 1995. Moved by W. Casier Seconded by J. Barclay "THAT the Cash Requirement Report for accounts for the period ending July 20, 1995, be approved for payment." AND THAT the Cheque Register of cheques issued for the period ending July 10, 1995, be approved." (c) Quarterly budget report from Deputy Treasurer. Moved by W. Casier Seconded by J. Volkaert "THAT the report be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items 10. ENVIRONMENT 1. CORRESPONDENCE & REPORTS (a) Report from Clerk Treasurer regarding the spreading of sewage sludge. Moved by J. Volkaert Seconded by W. Casier "THAT the report be deferred." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 109 - July 20, 1995 2. UNFINISHED BUSINESS No items 3. OTHER BUSINESS No items. 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE & REPORTS (a) Correspondence from Groom&Szorenyi regarding a property acquisition matter. 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 matter of property acquisition." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by W. Casier "THAT the In Camera Committee of the Whole session be adjourned." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 12. BY-LAWS 95-38 Confirming by-law Moved by W. Casier Seconded by I. Nezezon "THAT by-law 95-38 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by W. Casier "THAT by-law 95-38 be taken as read third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 110 - July 20, 1995 13. ADJOURNMENT Moved by J. Barclay Seconded by J. Nezezon "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously 4 •/ REEVE CLERK COUNCIL MEETING MINUTES 3C ) THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO JULY 27, 1995 7:00 P.M. The regular meeting of the Council of the Township of Bayham was held at 7:00 p.m. on Thursday, July 27, 1995 in the temporary Council Chambers at the Township Fireball. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councilors, John E. Barclay, Wayne Casier, John Nezezon, Clerk Treasurer, Donald W. MacLeod, Deputy Treasurer Lynn Buchner and Acting 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 or the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council meeting held July 20, 1995. Moved by J. Volkaert Seconded by W. Casier "THAT the minutes of July 20, 1995, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS No delegations scheduled. 5. INFORMATION ITEMS Moved by W. Casier Seconded by J. Barclay "THAT items 5(a), (b), (c), (d), & (e) be received and filed." Disposition: Motion Carried Unanimously (a) Correspondence regarding the Provincial Government's expenditure reduction plan. (Received and Filed) (b) Association of Municipalities of Ontario July Update. (Received and Filed) (c) Oxford Hospitals Planning Process correspondence regarding progress of the Planning study. (Received and Filed) COUNCIL MINUTES 112 July 27, 1995 (d) Report from Deputy Treasurer regarding the status of the Highway 19 watermain extension. (Received and Filed) (e) Report from Deputy Treasurer regarding the status of construction of the Township Firehall. (Received and Filed) 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE & REPORTS (a) DeCloet Ltd. application for an amendment to the Township Zoning By-law to change the zoning on Part Lot 22, Concession 9. Moved by J. Volkaert Seconded by W. Casier "THAT the application of DeCloet Ltd. for an amendment to the Township Zoning By-law to change the zoning on Part Lot 22 from Agricultural to Rural Industrial(M2-5)be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) DeCloet Ltd. application for an amendment to the Township Zoning By-law to change the zoning on Part Lot 22, Concession 9. (July 20, 1995) 3. OTHER BUSINESS No items. 4. PUBLIC MEETINGS Moved by J. Nezezon Seconded by J. Volkaert "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 7:03 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 or the general nature thereof. COUNCIL MINUTES - 113 - July 27, 1995 3. APPLICATIONS (a) An application submitted by Peter Giesbrecht for an amendment to the Township Zoning By-law to permit the severance of a parcel of land to be added to an adjacent non-farm residential lot. i) Staff Report Description of Property The subject property consists of 23.64 acres and is located between Highway 3 and County Road 38 on the Malahide Bayham Townline. To the north of the property is a non-farm residential dwelling owned by Gerald Scott. The property also surrounds two non-farm residential lots, one along the Townline and one along County Road 38. The general area is agricultural in nature with a number of non-farm residential dwellings in the immediate area. Proposal The purpose of this application is to change the zoning on a 39.36' x 354.33' parcel of land that is to be severed from a 23.64 acre parcel of agricultural land. This parcel is to be added to an adjacent non-farm residential lot owned by Gerald Scott. Official Plan Policies The current designation of the land involved in this proposal is Agriculture. The lot to which the severed parcel is to joined to is also designated Agriculture. The following are the pertinent sections of the Official Plan relating to the proposal. Section 4.2.10 Minor Lot Additions Consents to sever and convey land in areas designated Agriculture shall be permitted for minor lot adjustments, minor lot additions, minor boundary changes, easements and rights-of-way, technical severance or correction of title, provided no new conveyable lot(s)are created and where applicable, the consent decision shall stipulate that Subsection 3 of Section 49 of the Planning Act be applied to any subsequent conveyance of the severed parcel. Section 7.7.7 Consents and the Creation of New Lots Consents for minor lot adjustments, lot additions, minor boundary changes, easements and rights-of-way, or correction of title are permitted in any land use designation, provided the severed and retained parcels comply with the other requirements of the Plan, the Township Zoning By-law, and where applicable, the consent decision shall stipulate that Subsection 3 of Section 49 of the Planning Act be applied to any subsequent conveyance of the severed parcel. The proposal appears to comply with the above two sections of the Official Plan. In addition, this proposal appears to comply with the Agricultural Land Use Policies contained in the Implementation Guidelines for the Comprehensive Policy Statements. Zoning By-law The current zoning on the subject property and the property to which the severed parcel is to be added is Agricultural (Al). This proposal requires a site specific amendment as the retained agricultural parcel will have less area and frontage than required in the Zoning By-law. The Scott's lot and the parcel to be severed will also require a site specific amendment to recognize a deficient area and frontage. It is proper to place these lands in the Rural Residential Zone as this designation is more appropriate to the land use. COUNCIL MINUTES - 114 - July 27, 1995 ii) Presentation By Applicant The applicants were not, however, Gerald Scott, agent for the applicant was present but did not address Council. iii) Public Comments No member of the public appeared to speak against or for the proposed amendment. The Clerk advised that the Elgin - St. Thomas Health Unit and the Long Point Region Conservation Authority replied with no objection to the proposal. iv) Council Questions and Discussions Reeve Chute advised the applicants that it would be advisable to wait for the expiration of the twenty day appeal period prior to surveying the parcel to be severed. (b) An application for an amendment to the Township Zoning By-law to amend the policies governing the maximum floor area for accessory building in the Hamlet Residential Zone. i) Staff Report Proposal In response to the number of minor variance applications for relief from the maximum floor area requirement for accessory buildings in the Hamlet Residential Zone, Council initiated procedures to amend the Zoning By-law to make it less restrictive. The purpose of the application is to delete Section 6.8 of By-law No 2387 and replace it with the following. 5.8 Maximum Floor Area Accessory Building 75 square metres or 8% lot coverage whichever is less ii) Presentation By Applicant There was no presentation. iii) Public Comments No member of the public appeared to speak against or for the proposed amendment. The Clerk advised that the Elgin - St. Thomas Health Unit and the Long Point Region Conservation Authority replied with no objection to the proposal. iv) Council Questions and Discussions There were no questions from any members of Council. (c) An application submitted by Omer & Catalina Tourigny for an amendment to the Township Zoning By-law to permit the establishment of a lower level apartment in a single family detached dwelling. i) Staff Report Description of Property The subject property is a 81.49' x 287.27' (0.5 acres) residential lot located on County Road 38 at the west end of Straffordville. There are residential dwellings to the east and west, a residential dwelling is under construction to the south of the subject property. To the north (rear) of the property is a small gulley and further north is agricultural land. COUNCIL MINUTES - 115 - July 27, 1995 Proposal The purpose of this application is to change the zoning to permit the establishment of a lower level apartment in a single family detached dwelling. Official Plan Policies The current designation of the land involved in this proposal is Hamlet. The following sections of the Official Plan pertain to residential uses. Section 4.7.3.1 Hamlet Residential The residential classification of land in hamlets and urban areas means that the areas so designated are to be developed or preserved as a residential neighbourhood, with single family residences as the dominant land use. Section 4.7.3.7 It is the intention of this Plan to allow for the eventual development of other residential types such as multiple family dwellings and single family mobile home parks within the residential areas of the hamlets. These residential types shall be included in separate zoning categories in the Township Zoning By-law and will be permitted, providing that an amendment to the Township Zoning By-law has been approved. Proposals to establish single family mobile home parks in the agricultural areas of the Township will be evaluated on a case by case basis in accordance with the applicable policies of this Plan. Section 4.7.3.8 Consideration of the following factors shall be given in the evaluation of an amendment to the Township's Zoning By-law for multi-family residential development. a) The uses permitted shall include the various types of multi-family dwellings, such as townhouses, converted dwellings and walk-up apartments, in addition to the uses permitted in the single family areas. b) The multiple family dwellings shall be sited to enhance the quality of the immediate area with particular attention to the effects of vehicular and pedestrian traffic generation. c) Adequate off-street parking shall be provided. d) Multi-family dwellings will be encourage to locate in areas where municipal services are available or where adequate private water systems can be established. The proposal appears to comply with the above sections of the Official Plan. Zoning By-law The current zoning on the subject property is Hamlet Residential (HR). This proposal requires a site specific amendment to permit the establishment of a lower level apartment in a single family detached dwelling. ii) Presentation By Applicant The applicant was present but did not make a presentation. iii) Public Comments No member of the public appeared to speak against or for the proposed amendment. The Clerk advised that the Elgin - St. Thomas Health Unit and the Long Point Region Conservation Authority replied with no objection to the proposal. iv) Council Questions and Discussions In reply to Deputy Reeve Volkaert's question, COUNCIL MINUTES - 116 - July 27, 1995 Mrs. Tourigny noted the driveway was of sufficient length to provide adequate off-street parking. Mrs. Tourigny informed Council that a family member would occupy the apartment for the time being, however, the apartment would be rented out to the public should the relative vacate the apartment. In reply to Reeve Chute's question, the Clerk advised Council the Elgin- St. Thomas Health Unit issued a Certificate of Approval prior to the implementation of the development freeze in Straffordville. S. ADJOURNMENT Moved by W. Casier Seconded by J. Nezezon "THAT the public meeting be adjourned." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE & REPORTS (a) County of Elgin correspondence regarding Roadway Service Standards meeting to be held September 20, 1995. Moved by J. Volkaert Seconded by W. Casier "THAT the County of Elgin be advised that Reeve Vane Chute, Deputy Reeve Joe Volkaert, Councillors John Nezezon, Wayne Casier, Jack Barclay, Acting Road Superintendent Robert Bartlett and Clerk Treasurer Don MacLeod will be attending the Roadway Service Standards meeting on September 20, 1995." Disposition: Motion Carried Unanimously (b) County of Elgin correspondence regarding the placement of Neighbourhood watch signs on County Road Allowances. In discussion over this issue, Council expressed concern that the County policy of locating signs at the edge of road allowances may defeat the purpose of Neighbourhood Watch signs due to decreased visibility. Moved by J. Volkaert Seconded by W. Casier "THAT the County of Elgin Road Committee be advised the Council of the Township of Bayham opposes the County policy of locating neighbourhood watch signs at the edge of County road allowances; AND THAT the County of Elgin Road Committee be requested to review the sign policy as it relates to the placement of neighbourhood watch signs." Disposition: Motion Carried Unanimously (c) Report from Clerk Treasurer regarding a draft Roadway Service Standards Manual. Moved by W. Casier Seconded by J. Barclay COUNCIL MINUTES - 117 - July 27, 1995 "THAT the report be deferred until after the County of Elgin Road Service Standards meeting on September 20, 1995." Dispqsition: Motion Carried Unanimously (d) Report from Acting Road Superintendent. Acting Road Superintendent Robert Bartlett appeared before Council to report on Road Department activities for the period ending July 27, 1995. Mr. Bartlett advised Council that Richard Wood Road, Carson Road and the 5th Concession had been tarred and chipped by Norfolk Township. With respect to Carson Road, Mr. Bartlett was in the process of obtaining an estimate for asphalting a gutter on the hill leading to Otter Creek. He informed Council that repairs were being carried out on certain sections of sidewalk in Eden. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS (a) Councillor Barclay informed Council he had received a complaint regarding the speed limit on Highway 19 in the vicinity of Straffordville Public School. He noted the speed limit is 70 km/h at the south end of Straffordville. Moved by J. Barclay Seconded by J. Nezezon "THAT the Ministry of Transportation be requested to lower the speed limit at the southern limit of the hamlet of Straffordville to 50 km/h." Disposition: Motion Carried Unanimously 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) Cash disbursement report of accounts for the period ending July 18, 1995, and a cheque register of cheques previously issued for the period ending July 21, 1995. COUNCIL MINUTES - 118 - July 27, 1995 Moved by J. Barclay Seconded by W. Casier "THAT the Cheque Register of cheques issued for the period ending July 18, 1995 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 (a) Report from Clerk Treasurer regarding the spreading of sewage sludge. (July 20, 1995) Moved by J. Barclay Seconded by J. Nezezon "THAT the Ministry of Environment and Energy be requested to prohibit the spreading of sewage sludge on the following lands within the Township of Bayham: Straffordville - North half of Lots 122, 123, 124, 125, 126, 127 & 128, Concession S.T.R., All of Lots 122, 123, 124, 125, 126, 127 & 128, Concession N.T.R. Eden - North quarter of Lots 21, 22, 23 & 24, Concession 8, South half of Lots 21, 22, 23 & 24, Concession 9 Richmond - North half of Lots 110, 111, 112 & 114, Concession S.T.R., South half of Lots 110, 111, 112 & 114, Concession N.T.R. Corinth - North half of Lots 5 & 6, Concession 9, South half of Lots 5 & 6, Concession 10, Calton- North quarter of Lots 1 & 2, Concession 3, South quarter of Lots 1 & 2, Concession 4." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No items. COUNCIL MINUTES - 119 - July 27, 1995 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE & REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 12. BY-LAWS 95-39 A by-law to designate Purple Loosestrife as a local noxious weed. Z342-95 A by-law to amend By-law No. 2387 (Giesbrecht) Z343-95 A by-law to amend By-law No. 2387 (Accessory Buildings) Z344-95 A by-law to amend By-law No. 2387 (Tourigny) 95-40 Confirming by-law Moved by J. Volkaert Seconded by W. Casier "THAT by-laws 95-39, Z342-95, Z343-95 and Z344-95 be taken as read a fust and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT by-law 95-39, Z342-95, Z343-95 and Z344-95 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 95-40 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by J. Nezezon "THAT by-law 95-40 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 120 July 27, 1995 13. ADJOURNMENT Moved by J. Barclay Seconded by J. Nezezon "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously i()11) sti REEVE CLERK COUNCIL I%iEET MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO AUGUST 17, 1995 7:00 P.M. The regular meeting of the Council of the Township of Bayham was held at 7:00 p.m. on Thursday, August 17, 1995 in the temporary Council Chambers at the Township Firehall. Present were, Reeve D. 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 Acting 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 or the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council meeting held July 27, 1995. Moved by W. Casier Seconded by J. Barclay "THAT the minutes of July 27, 1995 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:00 p.m. - Paul DeCloet regarding agenda item 6-2(a). Mr. DeCloet appeared before Council to make a presentation regarding an application to amend the Zoning By-law. Council advised Mr. DeCloet that until the issue of the 1 foot reserve along Highway 19 is resolved with the Ministry of Transportation, Council was not in a position to support the application. 5. INFORMATION ITEMS Moved by J. Barclay Seconded by J. Nezezon "THAT items 5(a), (b), & (c) be received and filed." Disposition: Motion Carried Unanimously (a) Excerpt from the Digest of Municipal & Planning Law concerning the use of municipal policy. (Received and Filed) (b) Various media articles. (Received and Filed) COUNCIL MINUTES - 122 - August 17, 1995 (c) Township of Norfolk correspondence regarding court of revision for the Friessen Drain. (Received and Filed) 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE & REPORTS No items. 2. UNFINISHED BUSINESS (a) DeCloet Ltd. application for an amendment to the Township Zoning By-law to change the zoning on Part Lot 22, Concession 9. (July 20, 1995) 3. OTHER BUSINESS No items. 4. PUBLIC MEETINGS No meetings scheduled. 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE & REPORTS (a) Report from Acting Road Superintendent. Acting Road Superintendent Robert Bartlett appeared before Council to report on Road Department activities for the period ending August 17, 1995. Mr. Bartlett advised Council that a asphalt gutter had been constructed on Carson Road. Mr. Bartlett noted that due to safety concerns road side grass and weed cutting would continue for the rest of the month. He also advised Council that work should resume on the Robertson Bailey Bridge within one week with deck installation and approach work. Councillor Nezezon requested that the Township undertake a brushing and weed control program in 1996. Mr. Bartlett concurred with Councillor Nezezon and noted that a combination of weed spraying and brushing should combat the problem. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items_ COUNCIL MINUTES 123 August 17, 1995 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE & REPORTS (a) Report from Chief Building Official regarding building permits issued for the period ending July 31, 1995. (8:30 p.m.) Moved by W. Casier Seconded by J. Barclay "THAT the building permits for the month of July, 1995 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE & REPORTS (a) Township of Roxborough correspondence requesting support of a resolution concerning funding cuts to municipalities and school boards. Moved by J. Nezezon Seconded by J. Barclay "THAT the resolution of the Township of Roxborough requesting the Province to ensure that funding cuts, and resulting budget shortfalls, to School Boards not be downloaded onto municipal tax bills." Disposition: Motion Carried Unanimously (b) Cash requirements report of accounts for the period ending August 15, 1995, and a cheque register of cheques previously issued for the period ending August 4, 1995. Moved by J. Nezezon Seconded by W. Casier "THAT the Cash Requirements Report for accounts for the period ending August 15, 1995, be approved for payment." AND THAT the Cheque Register of cheques issued for the period ending August 4, 1995, and the be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 124 August 17, 1995 (c) Report from Clerk Treasurer regarding a capital and operating loan agreement with the Canadian Imperial Bank of Commerce. Moved by J. Volkaert Seconded by W. Casier "THAT a by-law be given three readings to authorize the Reeve, Clerk and Deputy Treasurer to execute the necessary documents to enter into an agreement with the Canadian Imperial Bank of Commerce with respect to a capital loan and a current expenditure loan." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 10. ENVIRONMENT 1. CORRESPONDENCE & REPORTS (a) Report from Clerk Treasurer regarding Township water rates. Moved by J. Nezezon Seconded by J. Volkaert "THAT a by-law be given three readings to set the price of water in the Township of Bayham." Disposition: Motion Carried Unanimously (b) Report from Clerk Treasurer regarding regulations and maintenance requirements for the Township's water system. Moved by J. Nezezon Seconded by W. Casier "THAT a by-law be given three readings for a set of rules and regulations to be adopted by a by-law to govern the Township's water system. AM) THAT a by-law be given three readings to appoint Dwayne Daniel as Superintendent of the Water Works Department. Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. CO3NCIL MINUTES - 125 - August 17, 1995 COMMITTEE OF IHE WHOLE CORRESPONDENCE & REPORTS (a) Correspondence from Groom & Szorenyi concerning a proposed land purchase. Moved by J. Volkaert Seconded by J. Nezezon "THAT Council do now rise to enter into an In Camera Committee of the Whole session to discuss a matter of property acquisition." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier "THAT the In Camera session be adjourned and the Committee of the Whole do now rise without reporting." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by J. Nezezon "THAT the correspondence be deferred pending review by the Township Engineer." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 12. BY-LAWS 95-41 A by-law to a regulate the supply and price of water in the Township of Bayham 95-42 A by-law to enact rules and regulations for the maintenance and operation of a system of Water Works in the Township of Bayham 95-43 A by-law to appoint Dwayne Daniel as Superintendent of Water Works for the Township of Bayham and to amend By-law No. 93-6 95-44 A by-law to authorize the borrowing of$290,000 by way of temporary advances to meet expenditures made in connection with capital expenditures and to authorize the borrowing of up to$500,000 by way of temporary advances to meet current expenditures and to authorize the Reeve and Clerk to execute the necessary documents 95-45 Confirming by-law COUNCIL MINUTES - 126 - August 17, 1995 Moved by W. Casier Seconded by J. Volkaert "THAT by-laws 95-41, 95-42, 95-43 and 95-44 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by W. Casier "THAT by-law 95-41, 95-42, 95-43 and 95-44 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 95-45 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by J. Barclay "THAT by-law 95-45 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." Disposition: Motion Carried Unanimously 1 tr 4 ]REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO SEPTEMBER 7, 1995 7:00 P.M. The regular meeting of the Council of the Township of Bayham was held at 7:00 p.m. on Thursday, September 7, 1995 in the temporary Council Chambers at the Township Fireball. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors, John E. Barclay, Wayne Casier, John Nezezon, Clerk Treasurer, Donald W. MacLeod, Deputy Treasurer Lynn Buchner, Chief Building Official Dwayne Daniel, and Acting 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 or the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council meeting held August 17, 1995. Moved by J. Volkaert Seconded by W. Casier "THAT the minutes of August 17, 1995, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:30 p.m. - Township Engineer, John Spriet, regarding Corinth Drain and Centennial Road realignment. 1. Centennial Road realignment-Mr. Spriet presented a survey of the road showing grades required for the construction of an 80 km/hr road. Council requested that Mr. Spriet obtain further measurements on the north end of the road and to provide estimates on the cost of reconstructing the road. 2. Hevenor Corner - Mr. Spriet presented a diagram of the proposed changes to provide for a safer corner for traffic. Council advised the Clerk and Road Superintendent to review the diagram with Mr. Hevenor to discuss the proposed changes to see if they are acceptable to him, especially with regards to location of laneways. 3. Corinth Drain - Mr. Spriet presented Council with several drawings and a survey showing the elevation of the land in Corinth that is experiencing drainage problems. Council advised the Clerk to arrange a Public Meeting to be held on Wednesday, September 20, 1995 with all property owners on the north-side of the Corinth Road as well as affected property owners to the south. The Engineer will review the scope of works as well as the estimates of amounts to be assessed. It was recommended by the Engineer that 1/3 of the cost be recovered from benefitting property owners while the Township would be responsible for the remaining 2/3. COUNCIL MINUTES - 128 - September 7, 1995 (b) 9:50 p.m. - Tom Wells regarding Township Office renovations. Tom Wells, presented Council with two options for a new desk, presentation desk and podium. Council requested that Mr. Wells provide for the next regular Council meeting to be held September 21, 1995, a firm price for the construction of a new Council desk and podium. Council also asked Mr. Wells to provide name of a firm to strip the old Council desk and chairs. Mr. Wells estimated the price of the new Council desk and podium to be $4,600 and the construction to take approximately two weeks in duration. 5. INFORMATION ITEMS Moved by W. Casier Seconded by J. Barclay "THAT items 5(1), (2) & (3) be received and filed." Disposition: Motion Carried Unanimously (1) St. Thomas Chamber of Commerce correspondence regarding Harvest Dinner. (Received and Filed) (2) Elgin Community Leaders' Letter. (Received and Filed) (3) Memorandum from Clerk Treasurer regarding 1995 AMO Conference. (Received and Filed) 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE & REPORTS (a) Canadian National Railway Company application for an amendment to the Township Zoning By-law concerning Part Lot 5, Concession 9. Moved by J. Barclay Seconded by J. Nezezon "THAT the application of Canadian National Railway Company for an amendment to the Township Zoning By-law to change the zoning on Part Lot 5, Concession 9, from Agricultural to Hamlet Residential and Rural Industrial (M2-1) be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously (b) Jacob & Elizabeth Dyck application for an amendment to the Township Zoning By-law concerning Part Lot 14, Concession 10_ Moved by J. Volkaert Seconded by W. Casier "THAT the application be deferred." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS COUNCIL MINUTES - 129 - September 7, 1995 2. UNFINISHED BUSINESS (a) DeCloet Ltd. application for an amendment to the Township Zoning By-law to change the zoning on Part Lot 22, Concession 9. (July 20, 1995) 3. OTHER BUSINESS (a) Councillor Barclay asked if the Clerk had send correspondence to Vicki Wiggans regarding aerobics instruction to be held at the Community Centre. The Clerk had not yet sent a letter since his comments are pending on a response not yet received from the insurance company regarding coverage. Mr. Barclay then asked Council if the Lions and Lioness Clubs of Straffordville could sponsor the program and be responsible for the insurance coverage of the instructor. Council agreed to let the Lions and Lioness Clubs of Straffordville to take on this responsibility. Council also requested the Clerk to issue correspondence to Vicki Wiggans to explain the above agreement. (b) Deputy Reeve Volkaert advised Council he had received a request from the Straffordville United Church to use the Community Centre for a Turkey Supper, the proceeds of which will go the United Church. Council decided that the regular fees be charged to the Church for the use of the Community Centre and requested that the Clerk inform the Church of the above decision and that Council consider making a donation to the Church upon request. Council requested the Clerk to establish a Procedural Policy to set guidelines to ensure consistency is maintained with regards to the rental and use of the Community Centre with respect to the fees charged. (c) Councillor Casier mentioned that ball season is now over and the issue of the rear entrance at the Ball Park has not yet been decided on. He suggested that the Community Centre Board needs direction with regards to the scope of their authority in decision making. It was decided by Council that the Clerk should invite the Community Centre Board to the regular Council meeting to be held Thursday, September 28, 1995 to review the proposed Procedural Policy. 7. ROADS, AGRICULTURE & DRAINAGE CORRESPONDENCE & REPORTS (a) Report from Acting Road Superintendent Acting Road Superintendent Robert Bartlett appeared before Council to report on Road Department activities for the period ending September 7, 1995. Mr. Bartlett advised Council that the cement had been poured on the Bailey Bridge and guard rails and signs had been ordered for the same. Mr. Bartlett also mentioned that guard rails would cost approximately $1,700 and he estimated the road would be open for traffic by the end of the second week of September. Council decided that this road would remain open and be maintained for traffic all year round. Council gave Mr. Bartlett permission to sell a piece of unused boiler pipe that is stored at the Garage. Mr. Bartlett also mentioned that he would like to finish the Brown Side Road as soon as possible. Norfolk Township has requested to tar & chip the Rokeby Orchard Road in 1996 and Mr. Bartlett suggested that Council consider continuing the tar & chip up to the top of the Goshen Road and Council agreed to consider this request as part of the 1996 Budget. 2. UNFINISHED BUSINESS No items. COUNCIL MINUTES - 130 - September 7, 1995 3. OTHER BUSINESS S. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE & REPORTS (a) Report from Chief Building Official regarding building permits issued for the period ending August 31, 1995. Moved by W. Casier Seconded by J. Nezezon "THAT the building permits for the month of August 1995, be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE & REPORTS (a) Village of Port Burwell correspondence in response to Township's request for information concerning dredging of Big Otter Creek. (b) Royal Canadian Legion, Port Burwell-Bayham Branch, correspondence requesting financial assistance for renovations to the Legion building. (c) Township of Carnarvon correspondence requesting support of a resolution concerning emergency room coverage at hospitals. (d) Township of Hope correspondence requesting support of a resolution concerning unfunded liability for sick leave gratuities for local school boards. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS 10. ENVIRONMENT 1. CORRESPONDENCE & REPORTS (a) Canadian Soft Drink Association correspondence regarding Refillable Quota Regulations. COUNCIL MINUTES - 131 - September 7, 1995 (b) Town of Aylmer correspondence regarding Town of Aylmer - Township of Malahide hazardous waste collection day. (c) Long Point Region Conservation Authority circulation of minutes of a meeting held July 5, 1995. (d) Report from Clerk Treasurer regarding Straffordville/Eden Water/Sewage study. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE & REPORTS No items. 2. UNFINISHED BUSINESS (a) Correspondence from Groom & Szorenyi concerning a proposed land purchase. 3. OTHER BUSINESS 12. BY-LAWS 95-46 A by-law to provide for the annual maintenance of certain municipal drains 95-47 Confirming by-law 13. ADJOURNMENT In accordance with the Procedural By-law, the meeting adjourned at 11:00 p.m. Moved by W. Casier Seconded by J. Volkaert "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously # 11/ 40. 0/ If /$ REEVE CLERK COUNCIL MEETING MINUTES 3 (4) THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO SEPTEMBER 21, 1995 7:00 P.M. The regular meeting of the Council of the Township of Bayham was held at 7:00 p.m. on Thursday, September 21, 1995 in the temporary Council Chambers at the Township Firehall. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councilors, John E. Barclay, Wayne Casier, John Nezezon, Clerk Treasurer, Donald W. MacLeod, 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 or the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council meeting held September 7, 1995. Moved by J. Volkaert Seconded by W. Casier "THAT the minutes of September 7, 1995 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 8:00 p.m. - Cyril Demeyere regarding agenda item 10-1(d). Cyril Demeyere, Township Engineer appeared before Council to make a presentation regarding a recommendation from the Ontario Clean Water Agency to increase the study costs for the Straffordville-Eden Water Sewage Study from $50,000 to $250,000. This represents $125,000 funding for each of the hamlets. This recommendation came about by the recent requirement to change the water study to a combination of a water/sewage study. Mr. Demeyere was requested to provide his professional opinion on this matter. In his discussions, he noted that OCWA could act as a mediator should an agreement be needed to treat sewage at Port Burwell. He also mentioned that Andy Valickas of OCWA, had suggested a request of$150,000 each, or $300,000 in total funding. Other costs that could add to the total may include: test wells, aerial mapping, site ecology and archaeology studies, water analysis, additional consultants fees. There would also be design reports involved. Reeve Chute asked Mr. Demeyere what the Township's financial responsibility would be for this study. Mr. Demeyere responded with a figure of approximately 25% of the funding which would be$62,500. Mr Demeyere also went on to say that he doesn't feel that the total cost would exceed $125,000. (b) 9:30 p.m. - Paul Ward, Richmond Street resident in the Hamlet of Richmond regarding the upcoming paving of Richmond Street. Mr. Ward appeared before Council to seek clarification on the proposed work on Richmond Street. He expressed concern about survey stakes on the front lawn of his property as well as the location of his well. He noted that water draining from the paved COUNCIL MINUTES - 133 - September 21, 1995 road could affect his well as well as possibly entering in his basement window. Council assured him that the slope of the road was going to direct the water in the other direction. Council also suggested that the Acting Road Superintendent would arrange a meeting with Mr. Ward to explain the plans for paving the road. 5. INFORMATION ITEMS Moved by W. Casier Seconded by J. Volkaert "THAT items 5(1), (2), (3), (4), (5), (6) & (7) be received and filed." Disposition: Motion Carried Unanimously (1) Memorandum from Deputy Treasurer regarding the status of tax arrears. (Received and Filed) (2) District Health Councils of Southwestern Ontario correspondence regarding restructuring and planning of London and St. Thomas Psychiatric Hospitals. (Received and Filed) (3) Environmental Science&Engineering Magazine article on wetland wastewater treatment systems. (Received and Filed) (4) Various newspaper articles. (Received and Filed) (5) Ministry of Transportation correspondence in response to the Township's request for the installation of warning signs on Highway 19 identifying a fire hall entrance. (Received and Filed) (6) Ontario Good Roads Association correspondence regarding a proposed organizational name change. (Received and Filed) (7) Ministry of Municipal Affairs and Housing correspondence regarding Southwestern Ontario Regional Conference. (Received and Filed) 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE & REPORTS (a) County of Elgin Land Division Committee notice of a public meeting regarding Application #E106/95 submitted by DeCloet Ltd. concerning Part Lots 22 and 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 #E106/95 subject to the severed parcel being rezoned so as to permit the intended use." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 134 - September 21, 1995 (b) County of Elgin Land Division Committee notice of a public meeting regarding Application #E107/95 submitted by DeCloet Ltd. concerning Part Lots 22 and 23, Concession 9. 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 #E107195 subject to the severed parcel being rezoned so as to permit the intended use." Disposition: Motion Carried Unanimously (c) County of Elgin Land Division Committee notice of a public meeting regarding Application//E110/95 submitted by Rosemary White concerning Part Lots 25, 26 and 27, Concession 8. Moved by J. Barclay 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 #E110/95 subject to the applicant making a $500.00 cash payment to the Township in lien of parkland dedication." Disposition: Motion Carried Unanimously (d) County of Elgin Land Division Committee notice of a public meeting regarding Application#E111/95 submitted by Abram & Cheryl Klassen White concerning Part Lot 20, Concession 8. 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 #E111/95 subject to the applicant making a $500.00 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously (e) County of Elgin Land Division Committee notice of a public meeting regarding Application #E113/95 submitted by John Roloson concerning Lot 16, Concession 2. 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 #E113/95 subject to the applicant making a $500 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously (f) County of Elgin Land Division Committee notice of a public meeting regarding Application#E118/95 submitted by Canadian National Railway Co. concerning Part Lot 5, Concession 9. COUNCIL MINUTES - 135 - September 21, 1995 Moved by J. Barclay 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 #E118/95 subject to the severed parcel being rezoned so as to permit the intended use, AND THAT the stipulation of the Planning Act be applied to join the severed parcel to purchaser's property." Disposition: Motion Carried Unanimously (g) County of Elgin Land Division Committee notice of a public meeting regarding Application#Et19/95 submitted by Canadian National Railway Co. concerning Part Lot 5, Concession 9. Moved by J. Volkaert 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 #E119195 subject to the following parcel being rezoned so as to permit the intended use, AND THAT the stipulation of the Planning Act be applied to join the severed parcel to the purchaser's parcel." Disposition: Motion Carried Unanimously (h) County of Elgin Land Division Committee notice of a public meeting regarding Application#E120/95 submitted by Canadian National Railway Co. concerning Part Lot 5, Concession 9. Moved by J. Nezezon 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 #E120/95 subject to the following parcel being rezoned so as to permit the intended use, AND THAT the stipulation of the Planning Act be applied to join the severed parcel to the purchaser's parcel." Disposition: Motion Carried Unanimously (i) County of Elgin Land Division Committee notice of a public meeting regarding Application#E121/95 submitted by Canadian National Railway Co. concerning Part Lot 5, Concession 9. 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 #E121/95 subject to the following parcel being rezoned so as to permit the intended use, AND THAT the stipulation of the Planning Act be applied to join the severed parcel to the purchaser's parcel." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 136 - September 21, 1995 (j) County of Elgin Land Division Committee notice of a public meeting regarding Application /1E122/95 submitted by Canadian National Railway Co. concerning Part Lot 5, Concession 9. 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 #E122/95 subject to the following parcel being rezoned so as to permit the intended use, AND THAT the stipulation of the Planning Act be applied to join the severed parcel to the purchaser's parcel." Disposition: Motion Carried Unanimously (k) County of Elgin Land Division Committee notice of a public meeting regarding Application#E123/95 submitted by Canadian National Railway Co. concerning Part Lot 5, Concession 9. 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 #E123/95 subject to the following parcel being rezoned so as to permit the intended use, AND THAT the stipulation of the Planning Act be applied to join the severed parcel to the purchaser's parcel." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) DeCloet Ltd. application for an amendment to the Township Zoning By-law to change the zoning on Part Lot 22, Concession 9. (July 20, 1995) (b) Jacob & Elizabeth Dyck application for an amendment to the Township Zoning By-law concerning Part Lot 14, Concession 10. Moved by J. Volkaert Seconded by J. Nezezon "THAT the application be refused as the proposal does not conform to the policies of the Official Plan." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) RECREATION Councillor Barclay advised Council that the Lion and Lioness Clubs would like Council to consider reducing Nevada license fees from 3% to 1.5%. The Clerk mentioned that the last review of license fees was made in late 1993 or early 1994 at which time the current rates were set. Council suggested that a full review of license fees be conducted by the Deputy Treasurer. COUNCIL MINUTES - 137 - September 21, 1995 (b) COMMUNITY CENTRE Councillor Barclay informed to Council that the Community Centre is in need of chairs and the Lions and Lioness Clubs have offered to pay one third each on the purchase of 150 chairs. Councillor Barclay said that they had been quoted a price of $25.95 per chair. This would mean that the Township's portion would be approximately $1,500. Reeve Chute suggested that a review of the budget be conducted prior to making any financial commitments. Councillor Barclay then asked if the Lions and Lioness Clubs could purchase 100 chairs without financial assistance from the Township. Council gave their approval for the Lions and Lioness Clubs to purchase 100 chairs for the Community Centre. 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE & REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS (a) Council Casier voiced his displeasure with the work that MTO did on the north east corner of Highway 19 and County Road 45. He said that cracking has started in the repaired pavement and he would like to see a letter sent to MTO to have the corner repaired to a standard acceptable to the Township. Moved by W. Casier Seconded by J. Volkaert "THAT the Ministry of Transportation be advised the Council of the Township hereby requests that the north-east corner of Highway 19 and County Road 45 be repaired to a standard to permit safe operation of a motor vehicle at this intersection." Disposition: Motion Carried Unanimously S. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE & REPORTS (a) Ministry of Solicitor General and Correctional Services correspondence regarding a Fire Department Management Program for Elgin County. Moved by W. Casier Seconded by J. Volkaert "THAT Don MacLeod be authorized to attend the Fire Department Management Program for Elgin County on October 14 and 15, 1995 at the St. Thomas Fire Department." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 138 - September 21, 1995 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS The Clerk informed Council that Reid &Deleye, the contractors of the Fireball, refused to proceed with the sodding until the weeds are disposed of. The Clerk went on to explain that the Roads Department had scraped weeds off the surface. Council suggested that weeds be cut and the site be tilled. 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE & REPORTS (a) Village of Port Burwell correspondence in response to Township's request for information concerning dredging of Big Otter Creek. Moved by W. Casier Seconded by J. Nezezon "THAT the request of the Village of Port Burwell for funding to help offset dredging costs of Big Otter Creek be received and filed." Disposition: Motion Carried Unanimously (b) Royal Canadian Legion, Port Burwell-Bayham Branch, correspondence requesting financial assistance for renovations to the Legion building. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be deferred." Disposition: Motion Carried Unanimously (c) Township of Carnarvon correspondence requesting support of a resolution concerning emergency room coverage at hospitals. Moved by J. Nezezon Seconded by W. Casier "THAT the resolution of the Township of Carnarvon be endorsed." Disposition: Defeated. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (d) Township of Hope correspondence requesting support of a resolution concerning unfunded liability for sick leave gratuities for local school boards. COUNCIL MINUTES - 139 - September 21, 1995 Moved by W. Casier Seconded by I. Nezezon "THAT the resolution of the Township of Hope be endorsed." Disposition: Motion Carried (e) Cash requirements report of accounts for the period ending September 5, 1995, and a cheque register the period ending August 30, 1995. Moved by J. Nezezon Seconded by W. Casier "THAT the Cash Requirements Report for accounts for the period ending September 21, 1995, be approved for payment." AND THAT the Cheque Register of cheques for the period ending September 5, 1995, be approved." Disposition: Motion Carried Unanimously (f) Cash requirements report of accounts for the period ending September 30, 1995, and :t cheque register the period ending September 18, 1995. Moved by J. Barclay Seconded by W. Casier "THAT the Cash Requirements Report for accounts for the period ending September 20, 1995, be approved for payment." AND THAT the Cheque Register of cheques issued for the period ending September 18, 1995 be approved." Disposition: Motion Carried Unanimously (g) Cash requirements report for the period ending September 21, 1995. Moved by W. Casier Seconded by J. Barclay "THAT the accounts for the period ending September 21, 1995 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 10. ENVIRONMENT 1. CORRESPONDENCE & REPORTS (a) Canadian Soft Drink Association correspondence regarding Refillable Quota Regulations. COUNCIL MINUTES - 140 - September 21, 1995 Moved by W. Casier Seconded by J. Volksert "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (b) Town of Aylmer correspondence regarding Town of Aylmer - Township of Malahide hazardous waste collection day. Moved by J. Nezezon Seconded by J. Barclay "THAT the Town of Aylmer and Township of Malahide be advised the Township of Bayham does not wish to participate in the Residential Hazardous Waste Collection Day to be held on September 23, 1995. Disposition: Motion Carried Unanimously (c) Long Point Region Conservation Authority circulation of minutes of a meeting held July 5, 1995. Moved by J. Barclay Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (d) Report from Clerk Treasurer regarding Straffordville/Eden Water/Sewage study. Moved by W. Casier Seconded by J. Barclay "THAT the Ontario Clean Water Agency be advised the Council of the Township of Bayham hereby requests that the application submitted on January 18, 1995, for a water study in the hamlets of Straffordville and Eden be amended to encompass a sewage study. AND THAT the Terms of Reference for a proposed water and sewage study for the hamlets of Straffordville and Eden are hereby adopted and the same be forwarded to the Ontario Clean Water Agency. AND THAT the application be amended to increase the estimated costs of preparing a report to $125,000 per application." Disposition: Motion Carried Unanimously (e) Copy of correspondence from the Ministry of the Environment&Energy to the Canadian Imperial Bank of Commerce regarding a Letter of Credit for Otter's Edge Mobile Home Park. Moved by J. Nezezon Seconded by J. Barclay "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 141 - September 21, 1995 2. UNFINISHED BUJSINF.SS No items. 3. OTHER BUSINESS Councillor Casier inquired whether a leaf pick-up was to be carried out this fall. The Clerk advised Council that a date had not yet been set. Council requested that the Clerk prepare an estimated cost for the next Council meeting. Council also requested the Clerk to arrange a date with Green Lane Environmental for a hazardous waste disposal day. 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE & REPORTS No items. 2. UNFINISHED BUSINESS (a) Correspondence from Groom & Szorenyi concerning a proposed land purchase. 3. OTHER BUSINESS None. 12. BY-LAWS 95-46 A by-law to provide for the annual maintenance of certain municipal drains 95-47 Confirming by-law Moved by J. Nezezon Seconded by W. Casier "THAT by-law 95-46 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Barclay "THAT by-law 95-46 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 95-47 be taken as read first and second time." Moved by W. Casier Seconded by J. Barclay "THAT by-law 95-47 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 142 - September 21, 1995 13. ADJOURNMENT Moved by J. Volkaert Seconded by W. Casier "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously toiN REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVHJE, ONTARIO SEPTEMBER 28, 1995 6:30 P.M. The regular meeting of the Council of the Township of Bayham was held at 6:30 p.m. on Thursday, September 28, 1995 in the temporary Council Chambers at the Township Firehall. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors, John F. 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 6:30 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. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council meeting held September 21, 1995. Moved by J. Nezezon Seconded by J. Barclay "THAT the minutes of September 21, 1995, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 6:45 p.m. - Jackie DeClerq regarding agenda item 6(b). Jackie DeClerq was invited to appear before Council to provide her opinion and input on the establishment of a defined set of policies relating to the operations of the Bayham Community Centre. Reeve Chute explained to Mrs. DeClerq that the purpose of a set of guidelines is to provide direction in administering a more consistent application of specific policies with regards to the operations of the Bayham Community Centre. The Clerk provided a report which stated several different rental fees which are currently charged for the use of the Community Centre. It was noted during discussions with Mrs. DeClerq that this list was not all inclusive and fees were being charged on an inconsistent basis. The report prepared by the Clerk also provided a copy of the current Rental Contract that renters must sign before use of the Community Centre is granted. It was determined that this Contract did not provide the detail necessary to provide the Community Centre Manager with a clear definition of the boundaries in which she has authority to act nor did it provide enough regulation to protect the Township from potential legal disputes. It was decided that Council would be responsible for the initial development of the policies which would be presented to the BPRCCB for their comments, and once approved would be implemented by the BPRCCB. Therefore, Council appointed the Clerk, Community Centre Manager and Councillor Casier, Chairman of the Community Centre Board, to compile a list of proposed rental fees to be brought before Council for their review at the next regular Council meeting scheduled for October 5th, before submitting to the Board for their input. A report would then be ready to be presented to the BPRCCB at their next meeting to be held October 18th. Deputy Reeve Volkaert suggested that the BPRCCB be involved in the annual budget setting process and be provided monthly actual revenue and expenditure compared to the COUNCIL MINUTES - 144 - September 28, 1995 budget reports to assist them in conducting their responsibilities. (b) 8:00 p.m. - Corinth Drain ratepayers. Council invited John Spriet, Township Engineer, Dwayne Daniel, Drainage Superintendent, and the Corinth ratepayers affected by the proposed repairs to the Corinth Drain. The following ratepayers were present: Fred & Judy Kingsbury, John & Marrie Osborne, Joe Zehr, Pat & June Mulvaney, Wendy & Bob Chilcott, and Pam Bogart representing her son Mark Bogart. Also present were John Beechman and Ken Nesbitt concerned neighbouring ratepayers in support of the project. Deputy Reeve Volkaert chaired the meeting in the temporary absence of Reeve Chute. Mr. Spriet addressed the ratepayers by explaining the proposed improvements of the current Corinth Drain. Mr. Mulvaney suggested that any new repairs not be hooked up to the Corinth drain until after the CN rail crossing. Mr. Spriet agreed that this may a viable solution. Mr. Osborne presented a suggestion to Mr. Spriet to bring the pipe along side of the new Wagler home which is currently under construction to avoid disturbance of the Mulvaney property. Mr. Spriet responded that this could be another possible solution. Mr. Spriet was asked what the cost of the proposed project would be to each of the ratepayers. Mr. Spriet explained that the cost of ditching would be completed by the Township Road Department and borne by the Township. The ratepayers along the north side of the road in which the new drain pipe fronts their property will share in the costs of installing the pipe. Mr. Spriet specified the following estimates to be allocated to ratepayers based on a total estimated cost of $18,000. The ratepayers with property fronting Main Street from the Bogart's up to and including the Mulvaney's would be assessed approximately $580, Wagler's $540, Smith's $50, Bogart's farmland $2,400 (which is eligible for a third funding agricultural grant), Kingsbury's $100 less costs of damages. Zehr's would realize no assessment costs. Mr. Spriet also explained that the Township would be responsible for the costs involved in the crossing of the Township road and the catch basin to be installed. Deputy Reeve Volkaert requested ratepayers to express their comments. All ratepayers were in favour with the exception of Mrs. Bogart who was present to represent her son Mark Bogart. Mrs. Bogart expressed that Mr. Bogart would likely appeal the assessment charges on the grounds that his property does not benefit from the drainage project. 5. INFORMATION ITEMS No items. 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE & REPORTS (a) Fred & Susan Hermann (Bob & Lynda Cain) application for an amendment to the Township Zoning-law. Moved by J. Volkaert Seconded by W. Casier "THAT the application of Fred & Susan Hermann (Bob & Lynda Cain) for an application to the Township Zoning By-law to change the zoning on Part Lot 128, Concession 6 S.T.R. to permit the severance of a parcel of land to be added to an adjoining Rural Industrial parcel of land be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition; Motion Carried Unanimously (b) Report from Clerk Treasurer regarding Bayham Parks, Recreation& Community Centre Board. COUNCIL MINUTES - 145 - September 28, 1995 2. UNFINISHED BUSINESS (a) DeCloet Ltd. application for an amendment to the Township Zoning By-law to change the zoning on Part Lot 22, Concession 9. (July 20, 1995) 3. OTHER BUSINESS No items. 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE & REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE & REPORTS No items. 2. UNFINISHED BUSINESS (a) Royal Canadian Legion, Port Burwell-Bayham Branch, correspondence requesting financial assistance for renovations to the Legion building. Moved by V. Chute Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried 3. OTHER BUSINESS Councillor Casier inquired about status of the renovation to Guy's Service Centre of an apartment unit. The Clerk responded to Councillor Casier's query by stating that the Health Unit was contacted by telephone and the Health Unit intended on sending a letter advising Guy Grandbois that if sewage was disposed from the new apartment unit into the ground, Mr. Grandbois may be subject to a maximum $5,000 fine. The Clerk continued to explain that no action could be taken until such time as the sewage is actually entering the ground. Reeve Chute inquired if the Township could issue a building permit at this time and monitor the building process with the required building inspections. The Clerk responded that a building permit can't be issued until the owner has obtained approval from the Health Unit. The Clerk explained to Council the property would not have a clear title in the event of a future sale. Reeve Chute requested a recorded vote. COUNCIL MINUTES - 146 - September 28, 1995 Moved by V. Chute Seconded by J. Nezezon "THAT the Chief Building Official be requested to issue a stop work order on the property owned by Guy & Jennie Grandbois located on Plank Road in Straffordville. The results of the recorded vote are as follows: Councilor Barclay Yes Councillor Casier - Yes Reeve Chute - Yes Councilor Nezezon - Yes Deputy Reeve Volkaert - Yes Disposition: Motion Carried Unanimously 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE & REPORTS (a) Report from Deputy Treasurer regarding lottery licensing. Moved by W. Casier Seconded by L Volkaert "THAT the report from the Deputy Treasurer be adopted." Disposition: Motion Carried Unanimously (b) Straffordville United Church correspondence regarding use of the Bayham Community Centre. Moved by V. Chute Seconded by W. Casier "THAT a donation of$250.00 be made to the Straffordville United Church Building Fund." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 10. ENVIRONMENT 1. CORRESPONDENCE & REPORTS No items. COUNCIL MINUTES - 147 - September 28, 1995 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE & REPORTS No items. 2. UNFINISHED BUSINESS (a) Correspondence from Groom & Szorenyi concerning a proposed land purchase. 3. OTHER BUSINESS No items. 12. BY-LAWS 95-48 Confirming by-law Moved by J. Barclay Seconded by J. Nezezon "THAT by-law 95-48 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier "THAT by-law 95-48 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." Disposition: Motion Carried Unanimously REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO OCTOBER 20, 1994 7:30 P.M. The regular meeting of the Council of the Township of Bayham was held at 7:30 p.m. on Thursday, October 20, 1994 in the Council Chambers. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors Wayne Casier, Jim Hagell, Doug Dennis, Road Superintendent James Gibbons and Clerk Treasurer Donald W. MacLeod. 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 3. MINUTES (a) Minutes from the regular Council meeting held October 6, 1994. Moved by J. Volkaert Seconded by W. Casier "THAT the minutes of October 6, 1994 be adopted as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:30 p.m. - Isidore Volkaert regarding a request to situate a mobile home for farm help on Part Lot 24, Concession 5. Mr. Isidore Volkaert appeared before Council to request permission to situate a mobile home for use by his youngest son to assist in the farm operation located at Part Lot 24, Concession 5. Mr. Volkaert noted that due to recent heart surgery he was no longer able to carry out certain tasks and his son was going to assume these responsibilities. Reeve Chute advised Mr. Volkaert to contact the Chief Building Official prior to locating the mobile home. 5. TENDERS No items. 6. ACCOUNTS (a) Accounts for the period ending October 31, 1994. Moved by D. Dennis Seconded by J. Hagell "THAT the accounts for the period ending October 31, 1994 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 132 - October 20, 1994 7. PUBLIC MEETINGS No meetings scheduled. 8. CORRESPONDENCE Moved by D. Dennis Seconded by W. Casier "THAT items 8(a), 8(c), 8(d) and 8(g) be received and filed." Disposition: Motion Carried Unanimously (a) Natural Resource Gas Limited notice of application to the Ontario Energy Board regarding 1995 rates. (Received and Filed) (b) Ministry of Municipal Affairs correspondence regarding Official Plan Amendment No 94 (Cowan). Moved by J. Volkaert Seconded by W, Casier "THAT a by-law be given three readings to repeal By-law No. 93-30 that adopted Official Plan Amendment No. 94," Disposition: Motion Carried Unanimously (c) St. Thomas - Elgin General Hospital correspondence regarding strategic planning public meetings. (Received and Filed) (d) County of Elgin Land. Division Committee notice of decision regarding applications #E131/94, #132/94 and #E133/94. (Received and Filed) (e) County of Elgin Land Division Committee notice of decision regarding applications #E127/94, #128/94 and #E129/94. Moved by J. Volkaert Seconded by D. Dennis "THAT the Clerk be instructed to file an appeal with the Secretary-Treasurer of the County of Elgin Land Division Committee with regard to decisions of the Land Division Committee concerning applications #E127194, #E128/94 and #E129/94." Disposition: Motion Carried Unanimously (f) Ministry of the Solicitor General and Correctional Services correspondence regarding Crime Prevention Week to be held November 6-12, 1994. Moved by W. Casier Seconded by J. Hagell "THAT the Council of the Corporation of the Township of Bayham does hereby proclaim the week of November 6-12, 1994 as Crime Prevention Week." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 133 - October 20, 1994 (g) Beverly Handley correspondence regarding road and drainage conditions concerning the Road Allowance between Lot 7 & 8, Concession 5. (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS (a) Budget report for the period ending October 6, 1994. Moved by J. Volkaert Seconded by W. Casier "THAT the report be received and filed." Disposition: Motion Carried Unanimously (b) Report from Road Superintendent. Mr. James Gibbons was present to advise Council on Road Department activities for the period ending October 20, 1994. Mr. Gibbons advised Council that rehabilitation of the Bartlett Bridge should be completed by October 26. He noted the concrete deck had been laid but waterproofing and asphaulting were not yet complete. Mr. Gibbons noted that Richmond Street in Richmond had been gravelled due to complaints over rough conditions. 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) Hercules and Mary Ann Burwell application for an amendment to the Township Zoning By-law concerning Part Lot 11, Concession N.T.R. Moved by J. Hagell Seconded by W. Casier "THAT the application of Hercules & Mary Ann Burwell for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 118, Concession N.T.R. from Agricultural (Al) to Rural Residential (RR) be accepted and forwarded to the Township Planning Consultant for by-law preparation." Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Soreny Farms application for an amendment to the Township Zoning By-law concerning Part Lot 124, Concession N.T.R. Moved by J. Hagell Seconded by D. Dennis "THAT the application of Soreny Farms for an amendment to the Township Zoning by-law concerning Part Lot 124, Concession N.T.R. be refused." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 134 - October 20, 1994 (b) Michele Szorenyi application for an amendment to the Township Zoning By-law concerning Part Lot 124, Concession N.T.R. Moved by W. Casier Seconded by J. Volkaert "THAT the application of Michele Szorenyi for an amendment to the Township Zoning By-law concerning Part Lot 124, Concession N.T.R. be deferred pending amendment of the map schedule to exclude the parcel of land abutting the road allowance between Lots 123 and 124, Concession N.T.R. Disposition: Motion Carried Unanimously (c) Report from Clerk Treasurer regarding an application for an encroachment permit submitted by Dewey & Geraldine Ward. Moved by J. Volkaert Seconded by W. Casier "THAT a by-law be given three readings to authorize the Reeve and Clerk to execute an agreement to permit the encroachment of an enclosed wooden porch located over the right-of-way between Lot 1 and Lot 2, Plan 22, in the hamlet of Richmond." Disposition: Motion Carried Unanimously (d) Report from Clerk Treasurer regarding an application for an encroachment permit submitted by Jack Barker. Moved by D. Dennis Seconded by J. Hagell "THAT a by-law be given three readings to authorize the Reeve and Clerk to execute an agreement to permit the encroachment of a fence, a chimney, a frame entrance- way and wooden deck over John Street, Plan 22, in the hamlet of Richmond." Disposition: Motion Carried Unanimously 13. OTHER BUSINESS 14. BY-LAWS 94-57 A by-law to repeal Official Plan Amendment No. 94. 94-58 A by-law to authorize the Reeve and Clerk to execute an agreement to permit the encroachment of an enclosed wooden porch located over the right-of-way between Lot 1 and Lot 2, Plan 22, in the hamlet of Richmond. 94-59 A by-law to authorize the Reeve and Clerk to execute an agreement to permit the encroachment of a fence over John Street, Plan 22, in the hamlet of Richmond. 94-60 Confirming By-law COUNCIL MINUTES - 135 - October 20, 1994 Moved by W. Casier Seconded by J. Hagell "THAT by-laws 94-57, 94-58 and 94-59 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Hagell Seconded by W. Casier "THAT by-law 94-60 be taken as read a fust and second time." Disposition: Motion Carried Unanimously Moved by D. Dennis Seconded by J. Hagell "THAT by-law 94-60 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by D. Dennis Seconded by W. Casier "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously Q--X/57 ZOO w REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM F.O. BOX 160 STRAFFORDVILLE, ONTARIO OCTOBER 5, 1995 7:00 P.M. The regular meeting of the Council of the Township of Bayham was held at 7:00 p.m. on Thursday, October 5, 1995 in the temporary Council Chambers at the Township Firehall. Present were, Reeve D. 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 Acting Road Superintendent, Bob 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 September 28, 1995. Moved by W. Casier Seconded by J. Nezezon "THAT the minutes of September 28, 1995 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:45 p.m. - Elgin County Library representatives regarding agenda item 9-1(a). Cathy Bishop, Acting Manager of Elgin County Library, appeared before Council to make a presentation regarding the Community Access Grant Application. Ms. Bishop explained to Council that this project would enable municipalities, libraries, schools and businesses to gain access to the Information Highway via computer systems set up in the local Library and one site planned for the Straffordville Public School. Provincial funding allows up to $30,000 per site for towns or municipalities with fewer than 50,000 inhabitants who have limited, or no access to the Internet, or have incurred excessive long distance charges. Ms. Bishop went on to explain the funding provides long term savings with short term costs. The short term costs would include installation and carrying costs for up to two telephone lines (one for each location at the Library and the School) at an estimated total not to exceed $600 per year, per line. These costs may be absorbed and supported by the Elgin County Library System as long as budgets permit, otherwise Council was requested to commit to meeting these costs for the next two years and from that time on it would be paid at Council's discretion. Ms. Bishop requested Council to pass a resolution to support the application for Community Access Project Funding for the local Library and school with a $1,200 per year financial commitment to cover the installation and carrying costs for two telephone lines for the next two years. (b) 8:30 p.m. - Ivan Hevenor regarding a proposed land purchase. Mr. Hevenor did not appear before Council. COUNCIL MINUTES - 149 - October 5, 1995 (c) 9:00 p.m. - Fire Chief Ken Laemers and Deputy Chief Merlin Norris regarding Fire Department activities. Chief Ken Laemers and Deputy Chief Merlin Norris appeared before Council to express some concerns with regards to the new firehall. These items were noted and are to be presented to the contractor, Reid & Deleye by the Township's Building Inspector, Dwayne Daniel. Chief Laemers informed Council of recent savings they have realized that will effect the 1995 budget. The purchase of a man down alarm system was purchased in quantity which saved the Township $80 and the uniform purchased for the Deputy Fire Chief was purchased through Mutual Aid, in bulk, which saved $290. Chief Laemers presented Council with a request for approval for the purchase of green lights for the fireman's personal vehicles. These lights are to be used in emergency situations to provide for safer travel. Reeve Chute's response to Chief Laemers was to investigate the cost of these units and present it as part of the 1996 budget for Council's approval. Deputy Chief Norris explained to Council that the air compressor on the pumper is no longer working and a mechanic has suggested not to fix this compressor but to purchase a separate air compressor to be stationed in the Firehall to service both trucks. This would reduce time to fire calls since the trucks do not have to run for two to three minutes before being driven in order for the compressors to take effect. Reeve Chute suggested that Chief Laemers and the Deputy Treasurer review the status of the Fire Department's budget to determine if there are sufficient funds remaining to cover the costs of a new compressor. Council agreed that if there were funds available that the Fire Department could purchase the air compressor. Chief Laemers announced to Council that October 9, 1995 was Fire Prevention Week and an Open House was to be held at the Fireball on Thursday, October 12, 1995 from 7:00 - 9:30 p.m. (d) 7:00 p.m. - Paul Szorenyi and John Spriet regarding Moore Bridge. Paul Szorenyi and John Spriet, Township Engineer, were invited to appear before Council to review plans prepared by the Engineer regarding the proposed purchase of land in the vicinity of Moore Bridge. Reeve Chute explained to Mr. Szorenyi that the original plans of an 80 km/hr road had been modified to a combination 60 - 50 km/hr road to avoid excessive movement of fill and disturbance of existing land. Mr. Spriet presented Council and Mr. Szorenyi with copies of the surveyed road and a report detailing the volume of land required at specified sites. Mr. Szorenyi said the curve in the road had previously been agreed to be modified and the present plans did not appear to allow for this. It was decided by Council and Mr. Szorenyi and Mr. Spriet would amend the plans to straighten the curve. Mr. Spriet estimated this would result in 2.2 metres less land required along that area of the road in comparison to the original survey. Reeve Chute questioned Mr. Szorenyi if this plan would then be acceptable. Mr. Szorenyi expressed that he would not be in agreement at this time with the south end of the road but would rather come to an agreement on the bridge first and then work on plans for the south end. He also stated that he could understand from a road construction point of view why Council is interested in the south end but is not ready to discuss it at this time. 5. INFORMATION ITEMS Moved by W. Casier Seconded by J. Barclay "THAT items 5-1, 5-2, 5-3 and 5-4 be received and filed." Disposition: Motion Carried Unanimously (1) County of Elgin Road Department correspondence regarding County policy for roadway signs. (Received and Filed) COUNCIL MINUTES 150 - October 5, 1995 (2) Association of Municipalities of Ontario Updates. (Received and Filed) (3) County of Elgin correspondence regarding the 1995 Warden's Banquet. (Received and Filed) (4) Big Brothers/Big Sisters of Tillsonburg and District Inc. correspondence regarding the Big Brother/Big Sisters Bowl-A-Thon Municipal Challenge on October 28, 1995. (Received and Filed) 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE & REPORTS (a) Administration Report regarding Planning and Processing Fees. Moved by J. Volkaert Seconded by W. Casier "THAT a by-law be given three readings to amend By-law No. 2595 to revise the fees charged for the processing of planning applications. AND THAT the fees charged shall be as follows: Official Plan Amendment $750.00 Zoning By-law Amendment $750.00 Minor Variance Application $300.00 Site Plan and/or Site Plan Agreements $1,000.00 Plan of Subdivision $3,000.00 Development Agreement $1,000.00" Disposition: Motion Carried Unanimously (b) Township of Norfolk Comment Request Form. Moved by W. Casier Seconded by J. Barclay "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (c) Report from Clerk Treasurer regarding rental fees at the Bayham Community Centre. Moved by J. Nezezon Seconded by W. Casier "THAT the report, as amended be forwarded to the Bayham Parks, Recreation and Community Centre Board for further review." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Bayham Parks, Recreation & Community Centre Board correspondence. COUNCIL MINUTES - 151 - October 5, 1995 3. OTHER BUSINESS No items. 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE & REPORTS (a) Report from Acting Road Superintendent (9:30 p.m.) Acting Road Superintendent Bob Bartlett appeared before Council to discuss issues addressed in his report. Mr. Bartlett informed Council that he had recently met with the residents of Richmond Street in the hamlet of Richmond. Mr. Bartlett expressed that the residents are quite happy since their property will be surveyed. Mr. Bartlett informed Council that the landowner at the end of the Road has offered a portion of his land to the Township for a turn around area. The Clerk mentioned that a survey would have to be conducted before a quit claim could be processed on the property. Council agreed the turnaround would benefit the Road Department and instructed the Clerk to proceed with the process. Mr. Bartlett presented Council with a quote from Champion to replace bearings required on the Grader. The quote totalled $1,171 and Council authorized the repairs. Mr. Bartlett to look into an add-on for the snow plough to curl the snow so it is not directed upward to the windshield of the vehicle. Moved by W. Casier Seconded by J. Volkaert "THAT the Memorandum from the Road Superintendent be received and filed." Disposition; Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS Councillor Casier questioned the Clerk whether the Township had received a response to the letter sent to MTO regarding the unacceptable repairs to the corner of Highway 19 and County Road 45. The Clerk responded that no response has been received to date and that he would follow it up. 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE & REPORTS (a) Report from Chief Building Official regarding building permits issued for the period ending September 30, 1995. Moved by J. Nezezon Seconded by W. Casier "THAT the building permits for the month of September, 1995 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. COUNCIL MINUTES - 152 - October 5, 1995 3. OTHER BUSINESS No items. 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE & REPORTS (a) Elgin County Library correspondence requesting support for a Community Access Project. Moved by J. Volkaert Seconded by W. Casier "THAT the Council of the Township of Bayham supports the application for Community Access Project funding to create public access sites to the electronic highway for local library and school(s) with the understanding that the municipality's financial commitment involves the installation and carrying costs of up to two telephone lines at an estimated total cost not to exceed $600.00 per year, per line." (b) Tillsonburg District Memorial Hospital correspondence regarding restructuring of the TDMH Board of Directors. Council suggested three persons for the Clerk to contact to see if they would be interested in sitting on the Board of Directors to represent the County. The name(s) of the person(s) who would accept this position would be submitted to the County for their approval before being submitted to the TDMH Board. Council suggested that Murray Benner, Jack Petrie and Mac Ball be contacted, and if any of the three are interested their name be submitted to the County of Elgin. (c) Cash requirements report of accounts for the period ending October 2, 1995, and a cheque register for cheques previously issued for the period ending September 29, 1995. Moved by J. Barclay Seconded by J. Nezezon "THAT the Cash Requirement Report for accounts for the period ending October 2, 1995, be approved for payment." AND THAT the Cheque Register of cheques issued for the period ending September 29, 1995, be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS A report was presented by the Deputy Treasurer Lynn Buchner regarding the 1995 Capital Expenditures Budgeted for and their current status. This report covered the completion of the New Firehall Project and the Office Renovations Project with up to date expenditures and projected final expenditures. Upon review of these reports with Council, the Clerk presented Council with the option of purchasing the office furniture COUNCIL MINUTES - 153 - October 5, 1995 to finish the project in 1995 or to defer the purchase to 1996 or to defer the purchase indefinitely. Council authorized the Clerk to proceed with purchase of the office equipment necessary to outfit the municipal office in the current year. Moved by J. Volkaert Seconded by W. Casier "THAT the Clerk is hereby authorized to proceed with the purchase of office equipment necessary to outfit the municipal office. Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE & REPORTS (a) Township of Malahide correspondence regarding mandatory testing of waterlines. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be deferred." Disposition: Motion Carried Unanimously (b) Letter from Dennis Price regarding concern over large motor boats on Big Otter Creek. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (c) Long Point Region Conservation Authority circulation of minutes of a meeting held September 6, 1995. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 2. U'VFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE & REPORTS COUNCIL MINUTES 154 October 5, 1995 (a) Report from Clerk Treasurer regarding Job Description for Township employees. 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. Volkaert Seconded by W. Casier "THAT the Committee of the Whole rise without reporting." (b) Report from Clerk Treasurer regarding Employee Performance Appraisal Manual. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 12. BY-LAWS 95-49 Confirming By-law Moved by W. Casier Seconded by J. Volkaert "THAT by-law 95-49 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by J. Volkaert "THAT by-law 95-49 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by J. Barclay Seconded by W. Casier "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO OCTOBER 19, 1995 7:00 P.M. The regular meeting of the Council of the Township of Bayham was held at 7:00 p.m. on Thursday, October 19, 1995 in the temporary Council Chambers at the Township Fireball. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councilors, 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 October 5, 1995. Moved by W. Casier Seconded by J. Barclay "THAT the minutes of October 5, 1995, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 8:00 p.m. - John Gilvesy and Gary Beauchesne regarding agenda item 6-1(d). John Gilvesy, consulting agent on behalf of the Servant Retreat and Training Centre Inc. (SRTC), Gary &Marg Beauchesne, property owners, and Sally Fitch, Volunteer Youth Minister of SRTC, appeared before Council to apply for an amendment to the zoning by- law. John Gilvesy reviewed the application before Council regarding the property located between Straffordville and Richmond on County Road 38. The request includes two zone changes from Agriculture to Institutional and Open Space. After Mr. Gilvesy's presentation he opened the floor to questions regarding the application. Deputy Reeve Volkaert directed a question to the Beauchesnes, in regard to the reaction of neighbours to the proposed Christian Retreat. Mr. Beauchesne responded by stating no complaints have been received since this issue was last presented to Council and that the media's referral at that time to the construction of a dance hall on the premises raised some concerns. The Reeve directed the question to Mr. Gilvesy if his clients would be willing to agree to a Site Plan Control Agreement which would restrict the types of camping units to tents allowing no utility services to the camping sites and restricting parking to certain designated areas of the property. Mr. Gilvesy responded with a positive affirmation that a site plan agreement could be negotiated between Council and the Beauchesnes. Reeve Chute informed Mr. Gilvesy and the Beauchesnes that subsequent to Council's approval, the application would be subject to approval from the appropriate Ministries. COUNCIL MINUTES - 156 - October 19, 1995 5. INFORMATION ITEMS Moved by J. Barclay Seconded by W. Casier "THAT items 5-1 and 5-2 be received and filed." Disposition: Motion Carried Unanimously (1) Association of Municipalities of Ontario correspondence regarding Bill 40. (Received and Filed) (2) Ministry of Municipal Affairs and Housing correspondence regarding municipal emergency phone numbers. (Received and Filed) 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE & REPORTS (a) County of Elgin Land Division Committee notice of a public meeting regarding Application#E127/95 submitted by William Baldwin concerning Lot 22, Concession 8. 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 #E127/95 subject to the stipulation of the Planning Act being applied to join the severed parcel with the adjacent lot owned by Michael & Brenda Neff." Disposition: Motion Carried Unanimously (b) Copy of correspondence from the Ministry of Environment and Energy to L.A. Girard Engineering Ltd. concerning consent applications submitted by George & Margaret Gilvesy. Moved by J. Nezezon Seconded by W. Cagier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (c) County of Elgin Land Division Committee correspondence regarding an amendment to the Consent application process. Moved by J. Barclay Seconded by J. Nezezon "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 157 - October 19, 1995 (d) Servant Retreat & Training Centre Inc. application for an amendment to the Township Zoning By-law concerning Part Lots 117 and 118, Concession 7. Moved by J. Volkaert Seconded by J. Barclay "THAT the application of Servant Retreat and Training Centre Inc. for an amendment to the Township Zoning By-law to change the zoning on Part Lots 117 and 118, Concession 7 N.T.R. to Institutional and Open Space be accepted and referred to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously (e) County of Elgin correspondence regarding a Questionnaire from the County Study Committee. Moved by J. Nezezon Seconded by J. Barclay "THAT the correspondence be deferred." Disposition: Motion Carried Unanimously (f) Report from Clerk Treasurer regarding the Bayham, Parks, Recreation and Community Centre Board. Moved by J. Volkaert Seconded by J. Barclay "THAT report from the Clerk Treasurer be adopted." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS (a) Deputy Reeve Volkaert questioned the Clerk if the Township had received formal notification from Port Burwell regarding their intentions to annex the assessment of Pembina Exploration in Lake Erie. The Clerk informed Council that no formal notification had been received on response to the annexation request submitted by the Village of Port Burwell, the following resolution was passed. Moved by J. Volkaert Seconded by W. Casier "THAT the Ministry of Municipal Affairs be advised the Council of the Township of Bayham requests the Minister of Municipal Affairs to appoint an inter-municipal Committee comprised of members of the Council of Bayham and the Village of Port Burwell to review the annexation proposal submitted by the Village of Port Burwell. AND THAT the Committee also be empowered to review all municipal services provided by both municipalities to determine the most cost effective method of service delivery for all affected ratepayers." Disposition: Motion Carried Unanimously COUNCIL MINUTES 158 - October 19, 1995 7. ROADS, AGRICULTURE & DRAINAGE I. CORRESPONDENCE & REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE & REPORTS (a) Elgin St. Thomas Health Unit correspondence regarding Guy & Jennie Grandbois. 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. 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE & REPORTS (a) Y.W.C.A. correspondence requesting submission of nominations for a Women of Distinction Award. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (b) Report from Deputy Treasurer regarding the Township's Budget. Moved by W. Casier Seconded by J. Nezezon "THAT the report be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 159 - October 19, 1995 (c) Cash requirements report of accounts for the period ending October 17, 1995, and a cheque register the period ending October 12, 1995. Moved by J. Nezezon Seconded by W. Casier "THAT the Cash Requirements Report for accounts for the period ending October 17, 1995, except for Obligation Number 4122 be approved for payment. AND THAT the Cheque Register of cheques issued for the period ending October 12, 1995, 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 (a) Report from Clerk Treasurer regarding Job Description for Township employees. 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 discuss a personnel matter." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier "THAT the In Camera Committee of the Whole session be adjourned without reporting." Disposition: Motion Carried Unanimously COUNCIL MINUTES 160 October 19, 1995 (b) Report from Clerk Treasurer regarding Employee Performance Appraisal Manual. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 12. BY-LAWS 95-50 A by-law to amend By-law No. 2595 (Tariff of Fees By-law) 95-51 Confirming By-law Moved by W. Casier Seconded by J. Nezezon "THAT by-law 95-50 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by W. Casier "THAT by-law 95-50 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 95-51 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier "THAT by-law 95-51 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 CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO OCTOBER 26, 1995 7:00 P.M. The regular meeting of the Council of the.Township of Bayham was held at 7:00 p.m. on Thursday, October 26, 1995 in the temporary Council Chambers at the Township Firehall. Present were, Deputy Reeve Joe Volkaert Sr., Councillors, John E. Barclay, Wayne Casier, John Nezezon, Clerk Treasurer, Donald W. MacLeod, Chief Building Official, Dwayne Daniel, and Deputy Treasurer, Lynn Buchner 1. CALL TO ORDER In the absence of the Reeve, Deputy Reeve Volkaert assumed the Chair and 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 October 19, 1995. Moved by J. Barclay Seconded by W. Casier "THAT the minutes of October 19, 1995, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS None scheduled. 5. INFORMATION ITEMS Moved by J. Barclay Seconded by J. Nezezon "THAT items 5-(a), (b) and (c) be received and filed." Disposition: Motion Carried Unanimously (a) Association of Municipalities of Ontario correspondence regarding Avoiding Liability & Managing Risk Seminar. (Received and Filed) (b) Association of Municipal Clerks&Treasurers of Ontario correspondence regarding More Legal Lessons Learned Seminar. (Received and Filed) (c) Ontario Good Roads Association Annual Conference Agenda. (Received and Filed) COUNCIL MINUTES - 162 - October 26, 1995 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE & REPORTS (a) Bayham Township Parks, Recreation & Community Centre Board minutes from a meeting held October 11, 1995. Moved by J. Barclay Seconded by W. Casier "THAT the minutes of the Bayham Township Parks, Recreation & Community Centre Board be received and filed." Disposition: Motion Carried Unanimously (b) Oxford County Planning Committee Public Notice regarding the County of Oxford's Draft Official Plan. Moved by J. Barclay Seconded by J. Nezezon "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (c) Bayham Parks, Recreation & Community Centre Terms of Reference. Moved by J. Barclay Seconded by W. Casier "THAT the report from the Clerk Treasurer be adopted and the Terms of Reference for the Bayham Parks, Recreation & Community Centre be forwarded to the BPRCC for comment." Disposition: Motion Carried Unanimously 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 COUNCIL MINUTES - 163 - October 26, 1995 1. Call to Order Deputy Reeve Volkaert called the meeting to order at 7:30 p.m. and advised Council the purpose of the meeting was to receive public input regarding two applications for amendment 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 with respect to either of the applications. 3. Applications (a) An application submitted by Canadian National Railway Ltd. for an amendment to the Township Zoning By-law to permit the severance of parcels of surplus railway land in the hamlet of Corinth. 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 Hamlet Residential (HR) and Rural Industrial (M2-1). The effect of the amendment will be to allow the severance and conveyance of a parcel of surplus railway land in the hamlet of Corinth. It is proposed that the larger parcel of land will be subdivided into 7 parcels of land. Parts 1, 2, 3, 6 and 7 are to be added to properties that are currently zoned Hamlet Residential (HR) lots. Parts 4 and 5 are to be added to a Rural Industrial (M2-1) zoned parcel. In order to permit the severance of the 7 parcels it is necessary to change the zoning to Hamlet Residential and Rural Industrial (M2-1). ii) Presentation By Applicant The applicants were not present. iii) Public Comments Frank and Dorothy Chilcott attended the Public Meeting regarding the application submitted by Canadian National Railway Ltd. Mr. and Mrs. Chilcott own the property on the south west corner of John Street. The Chilcott's had no objection to the application. The Clerk advised that no objections were received from any of the 14 agencies circulated. iv) Council Questions and Discussions There were no questions from Council. (b) An application submitted by Fred & Susan Hermann (Bob & Lynda Cain) for an amendment to the Township Zoning By-law to change the zoning on a 0.3 acre parcel that is to be added to the adjacent Rural Industrial (M2-10) parcel. 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 Industrial (M2-10). The effect of the amendment will be to allow the severance and conveyance of a 0.3 acre parcel of land in the hamlet of Straffordville. It is proposed that the parcel of land will be added to the adjacent Rural Industrial (M2-10) parcel owned by Bob & Lynda Cain. ii) Presentation By Applicant Bob Cain, agent for applicants were present but did not make a presentation. COUNCIL MINUTES - 164 - October 26, 1995 Public Comments Charlie Ward, owner of property to the east of the subject land was present to voice concern over the potential land use of the subject property. Mr. Ward advised Council that his house is in close proximity to the subject land and was concerned that a junk yard could negatively impact his property. Mr. Cain responded that a junk yard would not be located in the area under discussion. This point was reinforced by the Clerk stating that a junk yard is not a permitted use in the Rural Industrial zone. Mr. Ward stated that he had no objection to the application. The Clerk advised that no objections were received from any of the 14 agencies circulated. iv) Council Ouestions and Discussions There were no questions from Council. 4. Adjournment Moved by J. Nezezon Seconded by W. Casier "THAT the public meeting be adjourned." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE & REPORTS (a) Ministry of Transportation correspondence regarding Highway 19 speed limit in Straffordville. Moved by J. Nezezon Seconded by W. Casier "THAT the Ministry of Transportation be advised the Council of the Township of Bayham supports the recommendation of the Ministry of Transportation contained the October 13, 1995 letter, with respect to speed limits in the hamlet of Straffordville." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. S. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE & REPORTS (a) Report from Chief Building Official regarding revisions to the Building By-Law. Moved by J. Nezezon Seconded by W. Casier "THAT the report from the Chief Building Official be adopted and a by-law be given three readings to amend By-law No. 93-47." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 165 October 26, 1995 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE & REPORTS (a) Report from Clerk Treasurer regarding Job Descriptions for Township employees. Moved by W. Casier Seconded by J. Barclay "THAT the Job Descriptions for the Clerk Treasurer, Deputy Treasurer/Tax Collector, Administrative Assistant, Financial Assistant, Road Superintendent, Equipment Operators and Chief Building Official are hereby adopted." Disposition: Motion Carried Unanimously (b) Cash requirements report of accounts for the period ending October 24, 1995, and a cheque register the period ending October 20, 1995. Moved by J. Nezezon Seconded by W. Casier "THAT the Cash Requirement Report for accounts for the period ending October 24, 1995, be approved for payment." AND THAT the Cheque Register of cheques issued for the period ending October 20, 1995 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 166 - October 26, 1995 3. OTHER BUSINESS No items. 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE & REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 12. BY-LAWS 95-52 A by-law to amend By-law No. 93-47 (Building By-law) Z345-95 A by-law to amend By-law No. 2387 (Canadian National Railway) Z346-95 A by-law to amend By-law No. 2387 (Hermann/Cain) 95-53 Confirming By-law Moved by W. Casier Seconded by J. Nezezon "THAT by-laws 95-52, Z345-95 and Z346-95 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by W. Casier "THAT by-law 95-52, Z345-95 and Z346-95 be taken as read a third time and finally passed." Moved by J. Nezezon Seconded by W. Casier "THAT by-law 95-53 be taken as read a first and second time." Moved by J. Nezezon Seconded by J. Barclay "THAT by-law 95-53 be taken as read a third time and finally passed," Disposition: Motion Carried Unanimously COUNCIL MINUTES - 167 - October 26, 1995 13. ADJOURNMENT Moved by J. Barclay Seconded by J. Nezezon "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously t ,0// PUTY REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO NOVEMBER 2, 1995 9:00 A.M. The regular meeting of the Council of the Township of Bayham was held at 9:00 a.m. on Thursday, November 2, 1995 in the temporary Council Chambers at the Township Firehall. Present were, Reeve Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors, John E. Barclay, Wayne Casier, John Nezezon, Clerk Treasurer, Donald W. MacLeod, Chief Building Official, Dwayne Daniel, and Deputy Treasurer, Lynn Buchner 1. CALL TO ORDER Reeve Chute called the meeting to order at 9:00 a.m., at 10:15 a.m. Deputy Reeve Joe Volkaert assumed chair due to the temporary absence of the Reeve. 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 October 26, 1995. Moved by J. Nezezon Seconded by J. Barclay "THAT the minutes of October 26, 1995, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:30 a.m. - Chief Building Official 5. INFORMATION ITEMS No items. 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE & REPORTS (a) Cumming Cockburn Limited Memorandum regarding Proposed Minister's Modifications to OPA 103 - Holding Provisions. Moved by J. Volkaert Seconded by J. Barclay "THAT the Ministry of Municipal Affairs and Housing be advised the Council of the Township of Bayham hereby accepts the Minister's modifications to Official Plan Amendment No. 103 of the Township of Bayham." Disposition: Motion Carried COUNCIL MINUTES - 169 - November 2, 1995 2. UNFINISHED BUSINESS (a) County of Elgin correspondence regarding a Questionnaire from the County Study Committee. (October 19, 1995) 3. OTHER BUSINESS No items. 4. PUBLIC MEETINGS No meetings scheduled. 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE & REPORTS (a) Request from Ruth & Paul Locker regarding snow removal. Council instructed the Clerk to respond to Ruth & Paul Locker's to advise them the Township Road Department does respond to emergency situations during storm periods. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE & REPORTS (a) Report from Chief Building Official regarding building permits issued for the period ending October 31, 1995. Moved by W. Casier Seconded by J. Barclay "THAT the building permits for the month of October, 1995 be approved." Disposition: Motion Carried Unanimously (b) Elgin-St. Thomas Health Unit correspondence regarding Guy Grandbois. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 170 - November 2, 1995 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE & REPORTS (a) Report from Clerk Treasurer regarding Employee Performance Appraisal Manual. Moved by W. Casier Seconded by J. Nezezon "THAT the Performance Appraisal Manual is hereby adopted as part of the Township's Personnel Policy. Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Reid & Deleye invoice for $16,266.14, Obligation Number 4122, held from cash requirements report of accounts for period ending October 17, 1995. Moved by J. Nezezon Seconded by J. Barclay "THAT the Account for Reid& Deleye in the amount of$16,266.14 be approved for payment." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No items. 10. ENVIRONMENT 1. CORRESPONDENCE & REPORTS (a) Bennet Jones Verchere correspondence regarding Natural Resource Gas Limited Rate Application. Moved by J. Barclay Seconded by J. Nezezon "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 171 - November 2, 1995 (h) Long Point Region Conservation Authority circulation of minutes from a meeting held October 4, 1995. 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. 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE & REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 12. BY-LAWS 95-54 Confirming By-law. Moved by W. Casier Seconded by J. Volkaert "THAT by-law 95-54 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Barclay "THAT by-law 95-54 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 172 - November 2, 1995 13. ADJOURNMENT Moved by J. Barclay Seconded by W. Casier "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously .:)/ft/ 41) /1 REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO NOVEMBER 23, 1995 9:00 A.M. The regular meeting of the Council of the Township of Bayham was held at 9:00 a.m. on Thursday, November 23, 1995 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, Chief Building Official, Dwayne Daniel, and Deputy Treasurer, Lynn Buchner 1. CALL TO ORDER Reeve Chute called the meeting to order at 9:12 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 November 23, 1995. Moved by J. Nezezon Seconded by W. Casier "THAT the minutes of November 23, 1995, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:30 a.m. - Paul DeCloet regarding a proposed severance in the hamlet of Eden. Mr. Paul DeCloet did not appear before Council (b) 10:00 a.m. - Report from Acting Road Superintendent. The Acting Road Superintendent reported to Council on the recent purchase of a 1990 International Boom Truck. Reeve Chute and Deputy Reeve Volkaert accompanied the Acting Road Superintendent for the purchase on November 21, 1995. In addition to the purchase price of $21,000 will be the cost of the safety check. The Acting Roads Superintendent also advised that the hydraulic unit should be certified. The truck will be picked up on November 24, 1995. Council authorized the Acting Road Superintendent to arrange for the sale of the old Boom Truck for a price of$3,999. (c) 10:45 a.m. - Report from Chief Building Official. The Chief Building Official informed Council that the discrepancy of water readings from Highway 19 Watermain - main chamber was currently under investigation by Cyril Demeyere, Township engineer. Mr. Demeyere is conducting an analysis on the meter readings taken from conception to determine whether or not it indicates a meter problem or leakage problem. Councillor Casier questioned the Chief Building Official if the meter was still under guarantee and the CBO responded by explaining that if the meter is faulty it has been faulty since installation. In reply to Reeve Chute's question, the CBO noted the following drain were under repair : Ketchabaw Drain - to be snaked by outside contractor Dennis Drain - ditch bottom clean out VanBelle - main farm drain work to be done now that crops are out of field COUNCIL MINUTES 174 NOVEMBER 23, 1995 5. INFORMATION ITEMS Moved by J. Barclay Seconded by J. Volkaert "THAT items 5(a) - (h) be received and filed." Disposition: Motion Carried Unanimously (a) Cumming Cockburn Limited Memorandum regarding proposed reforms to the Planning Act and revisions to Bill 163. (Received and Filed) (b) Ministry of Municipal Affairs correspondence regarding the Advisory Group on Municipal Government Reform. (Received and Filed) (c) County of Elgin correspondence regarding winter control on County Roads. (Received and Filed) (d) Elgin Community Leaders' Letter. (Received and Filed) (e) Association of Municipalities of Ontario correspondence regarding provincial transfers to municipalities. (Received and Filed) (f) Various newspaper articles. (Received and Filed) (g) Association of Municipalities of Ontario correspondence regarding amendments to the Planning Act. (Received and Filed) (h) Notice of the Passing of a Zoning By-law by the Corporation of the Township of Norfolk. (Received and Filed) 6. PLANNING &DEVELOPMENT 1. CORRESPONDENCE& REPORTS (a) D.Y. Mechanical Contracting Ltd. correspondence regarding water supply at the Bayham Community Centre. Moved by J. Nezezon Seconded by W. Casier "THAT the correspondence be forwarded to the Bayham Parks, Recreation and Community Centre Board." Disposition: Motion Carried Unanimously (b) Kevin & Kim Pearson application for an amendment to the Township Zoning By-law concerning Part Lot 113 & 114, Concession 6 S.T.R. Moved by W. Casier Seconded by J. Barclay "THAT the correspondence be referred to the Township planning consultant for review and comment." Disposition: Motion Carried Unanimously COUNCIL MINUTES 175 NOVEMBER 23, 1995 (c) Report from Clerk Treasurer regarding a proposed severance application submitted by Bob & Hillary Roose. Moved by J. Volkaert Seconded by W. Casier "THAT Robert & Hillary Roose be advised the Council of the Township of Bayham has no objections to the proposal to create a Hamlet Residential lot in the hamlet of Eden, subject to the applicant ensuring that all zoning set back requirements are met and approval of the Elgin-St. Thomas Health Unit is received." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) County of Elgin correspondence regarding a Questionnaire from the County Study Committee. (October 19, 1995) 3. OTHER BUSINESS No items. 4. PUBLIC MEETINGS No meetings scheduled. 7. ROADS, AGRICULTURE &DRAINAGE 1. CORRESPONDENCE& REPORTS (a) Ministry of Transportation correspondence regarding Urban Accounting and Rural Accounting systems. Moved by J. Nezezon Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Carried Unanimously I'M Report from Deputy Treasurer regarding an Interim Petition for Subsidy for Road Improvements under the Public Transportation and Highway Improvement Act. Moved by J. Nezezon Seconded by W. Casier THAT the Treasurer be authorized to submit an interim petition for subsidy in the amount of $483,942 for municipal improvements under the provisions of the Public Transportation and Highway Improvement Act on expenditures made during 1995." Disposition: Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items COUNCIL MINUTES 176 NOVEMBER 23, 1995 S. PROPERTY, BUILDING &PROTECTIVE SERVICES 1. CORRESPONDENCE & REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Village of Port Stanley correspondence regarding Casino Gambling. Moved by W. Casier Seconded by J. Volkaert "THAT the resolution of the Village of Port Stanley opposing the holding of a province-wide referendum to determine the wishes of Ontario citizens with respect to the establishment of additional casinos in Ontario is hereby endorsed; AND THAT the Honourable Mike Harris, Premier, Peter North, M.P.P. Elgin, and the Village of Port Stanley be so advised." Disposition: Carried Unanimously (b) Report from Clerk Treasurer regarding appointment of Ken Laemers as Fire Chief of the Township Fire.Department. Moved by J. Volkaert Seconded by W. Casier "THAT Report No. 95.055 from the Clerk Treasurer and dated November 21, 1995, with respect to the appointment of Ken Laemers as Fire Chief is hereby adopted." Disposition: Carried Unanimously (c) Report from Deputy Treasurer regarding a lottery licence application submitted by the Straffordville Optimist Club. Moved by W. Casier Seconded by J. Volkaert "THAT the Report No. 95.057 from the Deputy Treasurer and dated November 23, 1995, with respect to a request from the Straffordville - Bayham Optimist Club for approval of a raffle lottery licence application is hereby adopted; AND THAT the Straffordville - Bayham Optimist Club be advised the Council of the Township of Bayham has no objection to the issuance of a raffle lottery licence." Disposition: Carried Unanimously COUNCIL MINUTES 177 NOVEMBER 23, 1995 (d) Cash requirements report of accounts for the period ending November 21, 1995, and a cheque register the period ending November 17, 1995. Moved by J. Volkaert Seconded by J. Barclay "THAT the Cash Requirements Report for accounts for the period ending November 21, 1995, be approved for payment." AND THAT the Cheque Register of cheques issued for the period ending November 17, 1995, be approved." Disposition: Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS (a) Copy of correspondence from Village of Port Burwell to the Ontario Clean Water Agency regarding the realignment of County Road 42. Moved by W. Casier Seconded by J. Nezezon "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (b) Village of Port Burwell correspondence regarding the Elgin Area Water System. Moved by W. Casier Seconded by J. Barclay "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS (a) Correspondence from the Township of Malahide regarding Port Burwell's proposal (Correspondence 10.1(a)) to amend the current financing structure of OCWA waterline repairs and maintenance. Deputy Reeve Volkaert suggested that the Clerk contact OCWA and request they provide a report of financial support provided by Port Burwell in the past. Council agreed to this request and agreed to endorse the resolution of the Township of Malahide and advise the Village of Port Burwell as to this endorsement. COUNCIL MINUTES 178 NOVEMBER 23, 1995 Moved by J. Volkaert Seconded by J. Barclay "THAT the resolution of the Township of Malahide be endorsed; AND THAT the Village of Port Burwell be so advised." Disposition: Carried Unanimously (b) Deputy Reeve Volkaert brought to Council's attention that the fence encompassing the Stanton Cemetery had been torn down and it appeared that the immediate neighbours were encroaching on the Cemetery's property. The Reeve suggested that the Clerk determine who is in charge of the Stanton Cemetery. The Clerk noted that there had been a dispute with neighbours in the past with regards to the location of the property line. The Clerk continued by recommending that a survey should be conducted to establish the property line before reconstructing the fence. Council agreed to have the Clerk arrange a survey to he conducted to establish the property boundaries of the Stanton Cemetery. Moved by J. Nezezon Seconded by J. Volkaert "THAT the Clerk be authorized to arrange for the preparation of a survey of the Stanton Cemetery. Disposition: Carried Unanimously 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE& REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 12. BY-LAWS 95-55 A by-law to appoint Ken Laemers as Fire Chief of the Township Fire Department and to amend By-law No. 93-6 95-56 Confirming By-law Moved by J. Barclay Seconded by W. Casier "THAT by-law 95-55 be taken as read a first and second time." Disposition: Carried Unanimously Moved by J. Barclay Seconded by J. Nezezon "THAT by-law 95-55 be taken as read third time and Bally passed." Disposition: Carried Unanimously COUNCIL MINUTES 179 NOVEMBER 23, 1995 Moved by J. Nezezon Seconded by J. Barclay "THAT by-law 95-56 be taken as read a first and second time." Disposition: Carried Unanimously Moved by J. Barclay Seconded by W. Casier "THAT by-law 95-56 be taken as read a third time and fmally passed." Disposition: Carried Unanimously 13. ADJOURNMENT Moved by W. Casier Seconded by J. Barclay "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously 4 ito; Reeve Clerk COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO DECEMBER 21, 1995 7:00 P.M. The regular meeting of the Council of the Township of Bayham was held at 7:00 p.m. on Thursday, December 21, 1995 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, Chief Building Official, Dwayne Daniel, 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 December 7, 1995. Moved by J. Nezezon Seconded by J. Volkaert "THAT the minutes of December 7, 1995, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS 5. INFORMATION ITEMS Moved by J. Nezezon Seconded by W. Casier "THAT Information Items 5(a) - 5(d) be received and filed." Disposition: Motion Carried Unanimously (a) Copy of correspondence from the Ontario Clean Water Agency to the Village of Port Burwell regarding East Elgin Secondary Water System reserve fund. (Received and Filed) (b) The Tobacco File Newsletter. (Received and Filed) (c) Ministry of Municipal Affairs and Housing correspondence regarding amendments to the Planning Act and the Development Charges Act. (Received and Filed) COUNCIL MINUTES 191 DECEMBER 21, 1995 (d) Ministry of Municipal Affairs and Housing correspondence regarding the Provincial Economic Statement. (Received and Filed) 6. PLANNING &DEVELOPMENT 1. CORRESPONDENCE& REPORTS No items. 2. UNFINISHED BUSINESS (a) An application from Kevin & Kim Pearson Moved by J. Nezezon Seconded by J. Barclay "THAT the application of Kevin & Kim Pearson for an amendment to the Township Zoning By-law to change the zoning on Part Lots 113 & 114, Concession 6 S.T.R., to Special Agricultural to permit the establishment of a private certified shooting range be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No items. 4. PUBLIC MEETINGS 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 1. Call to Order Reeve Chute called the meeting to order at 7:30 p.m. and advised Council and the public the purpose of the public meeting was to receive input regarding an application submitted by Servant Retreat and Training Centre Inc. for an amendment to the Township's 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. Application (a) An application submitted by Servant Retreat and Training Centre Inc. for an amendment to the Township Zoning By-law to change the zoning on Pat Lots 117 & 118, Concession 7 N.T.R. to permit the establishment of a spiritual retreat, campground and training facility. 191 COUNCIL MINUTES 192 DECEMBER 21, 1995 4. Staff report Description of Property The subject property consists of 38.85 hectares (96 acres) and is located on the north side of County Road 38. The subject property contains one house, one barn and one shed. To the south of the property are two non-farm residential dwellings, the property also borders two other non-farm residential lots to the west. The general area is agricultural in nature with a number of non-farm residential dwellings in the immediate area. Proposal The purpose of this application is to change the zoning on a portion of the subject property (11.2 hectares) to permit the establishment of a spiritual retreat, campground and training centre. Zoning By-law The current zoning on the subject property is Agricultural (Al). This proposal requires a site specific amendment to add a spiritual retreat, campground and training centre as permitted uses. 5. Presentation by applicant The applicant's agent, John Gilvesy was present to speak on behalf of the applicants. Mr. Gilvesy reviewed the goals of Servant Retreat for providing a retreat for youth away from urban pressures. Mr. Gilvesy noted the property was ideally suited for this purpose due to its location and proximity to Big Otter Creek. He also noted that natural buffering from neighbouring properties would negate any visual impacts. 6. Public comments There were 25 members of the public in attendance. Andy Vryburg, property owner to the west of the subject property expressed concern over the proximity of non-farm residential dwellings to the proposal and the negative impacts this may have on the entire area. He also noted that a similar operation (Barnabus) was located quite close to the subject lands. Victoria Luchi informed Council she had worked with the Beachesne's in the past and spoke very highly of their commitment to working with youth groups. Tony Donck also appeared to lend support to the Beachesne's. David Friesen, neighbour to the east of the property informed Council he was of the opinion the present buffer strip between Servant and his father's house was not adequate. He also noted that much of the support for the proposal was from persons not living in the area. Robert Martin appeared to also speak on behalf of the proposal. He noted that the youth of the area are desperately in need of supervised facilities due to ongoing government cutbacks. He was of the opinion that todays youth need direction and proper guidance that facilities such as Servant could provide. Don Wilson, neighbour to the south, informed Council he was opposed to the proposal. At present a water quantity problem exists in the area and by permitting the establishment of the youth centre the aquifer would be further depleted. He was also concerned that sewage effluent could impair the quality of the ground water. Mr. Wilson expressed concern that real estate values would be adversely impacted if the facility was allowed to open. Peter Friesen declared opposition to the proposal. He agreed with previous speakers that youth do need facilities such as the one proposed, however the location is not the best due to the closeness of existing houses. He also voiced concern over the possibility that permanent cabins could be built on the site. Ian McFarlane, member of the Board of Directors for Servant Retreat, spoke in favour of the proposal. In response to previous comments he reiterated that the facility would not be used by young offenders. John Bouwers enquired what the maximum number of campers would be at any one time. The applicant replied that there could be a maximum of 40 192 COUNCIL MINUTES 193 DECEMBER 21, 1995 campers with 16-18 accommodated in the house. Mr. Beachesne noted the facility would be non-denominational and any church group could use the facility. Marilyn Seebok of Straffordville informed Council she was in complete support of the project. The Clerk advised that the Elgin - St. Thomas Health Unit and the Long Point Region Conservation Authority replied with no objection to the proposal provided that certain conditions are met by the applicant. 7. Council questions and discussion Reeve Chute advised the applicants that Council had 3 options; 1. Refuse to give the by-law three readings. 2. Give the by-law 2 readings and enter into site plan control agreement. 3. Give the by-law three readings. Deputy Reeve Volkaert was in agreement that the youth of today need the necessary facilities to foster respect and leadership. He voiced his approval of the proposal. 8. Adjournment Moved by W. Casier Seconded by J. Volkaert "THAT the public meeting be adjourned." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE& REPORTS (a) Report From Spriet Associates regarding Corinth Drain. Reeve Chute informed Council and the public that the purpose of the repoert was to act upon a petition for drainage in the hamelt of Corinth. The Township's drainage engineer, John Spriet, was present and reviewed the report with Council and the public. He noted this meeting dealt with construction issues only, questions over assessment would be handled at the Court of Revision. In response to the reviw of the Report, Mark Bogart voiced objection to the proposal in light of the drainage works he had to construct to permit the severance of lots in Corinth. He felt he had paid for drainage of these lots and any further charges would not be fair. The Clerk advised Mr. Bogart the Court of Revision is to be held on January 18, 1996, at which time appeals of assessment would be dealt with. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 193 COUNCIL MINUTES 194 DECEMBER 21, 1995 8. PROPERTY, BUILDING &PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) County of Elgin correspondence regarding Implementation of Enhanced 9-1-1. Moved by W. Casier 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. 9. FINANCE, ADMINISTRATION &PERSONNEL 1. CORRESPONDENCE & REPORTS (a) The Village of Bayfield correspondence regarding school board funding. Moved by J. Nezezon Seconded by W. Casier "THAT the resolution of the Village of Bayfield with respect to a request to initiate education finance reform be endorsed." Disposition: Motion Carried Unanimously (b) Township of Yarmouth & Village of Port Stanley correspondence regarding an information meeting concerning restructuring of municipalities in Ontario to be held on January 16, 1996. Moved by W. Casier Seconded by J. Volkaert "THAT the correspondence be received and filed. Disposition: Motion Carried Unanimously 194 COUNCIL MINUTES 195 DECEMBER 21, 1995 (c) Township of Hagarty and Richards correspondence requesting support of a resolution concerning the establishment of commercial activities in Provincial Parks. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (d) The Village of West Lorne correspondence requesting support of a resolution concerning firefighter training. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (e) Cash requirements report of accounts for the period ending December 19, 1995, and a cheque register for the period ending December 8, 1995. Moved by J. Barclay Seconded by W. Casier "THAT the Cash Requirements Report for accounts for the period ending December 19, 1995, be approved for payment." AND THAT the Cheque Register of cheques issued for the period ending December 8, 1995, be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 10. ENVIRONMENT 1. CORRESPONDENCE & REPORTS (a) Cyril J. Demeyere Limited correspondence regarding Environmental Study Reports of Straffordville and Eden. Moved by J. Barclay Seconded by J. Nezezon "THAT the correspondence be deferred." Disposition: Motion Carried Unanimously 195 COUNCIL MINUTES 196 DECEMBER 21, 1995 2. UNFINISHED BUSINESS No items 3. OTHER BUSINESS No items. 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE& REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 12. BY-LAWS 95-61 Corinth Drain Branch "A" 1995 Z347195 A by-law to amend By-law No. 2387 (Servant Retreat and Training Centre) 95-62 Confirming By-law Moved by J. Volkaert Seconded by W. Casier "THAT by-law 95-61 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by J. Volkaert "THAT by-law Z347/95 be taken as read a fust and second time." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by W. Casier "THAT by-law 95-62 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved W. Casier Seconded by J. Barclay "THAT by-law 95-62 be taken as read a third time and finally passed." 196 COUNCIL MINUTES 197 DECEMBER 21, 1995 Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by J. Barclay Seconded by W. Casier "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously ik 4, jr, REEVE CLERK 197 COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO DECEMBER 7, 1995 9:00 A.M. The regular meeting of the Council of the Township of Bayham was held at 9:00 a.m. on Thursday, December 7, 1995 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, Chief Building Official, Dwayne Daniel, and Deputy 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 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 November 23, 1995. Moved by J. Barclay Seconded by W. Casier "THAT the minutes of November 23, 1995, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:30 a.m. - Chief Building Official The Chief Building Official was present and reported to Council on the findings of discrepancies in the meter readings on the Highway #19 watermain extension. The CBO explained that the magnetic flow meter in the chamber is capable of measuring both forward and reverse flows as well as displaying a reading for either forward, reverse or net flow. The readings made to date have been for forward flows only and it appears that the chamber has been experiencing surges that cause substantial reverse flows that are not being recognized. In a report prepared by Cyril Demeyere, Township consulting engineer, it states that Ontario Clean Water Agency was consulted on this matter and was able to provide a net flow reading. It was concluded that this reading will be compared to the Village of Vienna's and any amounts overpaid will be adjusted. It was also recommended that the main meter be set to read net flows which can be adjusted by OCWA the next time the individual water meters are read. The Township engineer also stated that the surges causing the reverse flows would be investigated to determine their cause. (b) 10:00 a.m. Paul DeCloet regarding a proposed severance in the hamlet of Eden. Paul DeCloet appeared before Council regarding a severance application for property located in the hamlet of Eden. The proposed lot would have a frontage of 214.75 meters along County Road #44 with a depth of 61.50 meters containing one house and one barn. This parcel is currently zoned Future Development with the remaining 30.25 hectares zoned Agricultural (Al). Council expressed concern that the remaining COUNCIL MINUTES 181 DECEMBER 7, 1995 property would not have a legal access due to an existing one foot reserve owned by the Ministry of Transportation. Reeve Chute explained to Mr. DeCloet that the Zoning By-law requires a minimum 150 metres of frontage in the Agricultural (Al) Zone. The proposal as submitted does not meet this requirement due to MTO's one foot reserve. Mr. DeCloet referred to a letter from the Township planner, Cumming Cockburn Ltd. which recommended Mr. DeCloet leave a 20m wide piece of property on County Road #44 to allow access to the retained property. Reeve Chute concluded by stating that Council would consider the application. (c) 10:30 a.m. - Paul DePlancke regarding the proposed realignment of Centennial Road North. Mr. DePlancke appeared before Council regarding a severance application that is due to expire January 15, 1996. He explained that in order to complete plans he would appreciate knowing the Township's plans concerning the future modifications to the north end of Centennial Road. Reeve Chute explained to Mr. DePlancke that the Township engineer was currently working on plans that should be completed within a week. Reeve Chute noted that the actual construction may not take place for several years. Mr. DePlancke stated that a survey was currently being completed on the property and would submit a request for the Health Unit's approval if Council felt that the severance application could be processed before the expiry date of January 15, 1996. Council advised Mr. DePlancke that extensions are not allowed on severance applications. (d) 11:00 a.m. - Cyril Demeyere regarding Straffordville and Eden water/sewage studies. Cyril Demeyere, Township consulting engineer, appeared before Council regarding the proposed water and sewage study for the hamlets of Straffordville and Eden. In reply to Reeve Chute's question, Mr. Demeyere estimated a completion date of August 1996. Councillor Casier requested that Mr. Demeyere prepare an estimate of the costs as well as a time frame for the project. Mr. Demeyere responded by explaining that he would provide the information requested as well as estimates on the use of outside consultants. Mr. Demeyere also advised Council that the Environmental Study Report could be bumped up to a full Environmental Assessment if the Minister of Environment & Energy determines that any appeals are valid. (e) 1:00 p.m. - John Wiggers regarding proposed Zoning By-law amendment concerning Part Lot 15, Concession 3. John Wiggers addressed Council with concerns regarding the payment of an additional fee to complete a zone change that was applied and paid for in 1992. He explained that the zone change was not completed due to difficulties with an accompanying Official Plan Amendment. The Clerk explained to Council this was the reason the zone change had not be completed. To date $3,100 has been spent on this Official Plan Amendment and due to this over expenditure the zoning by-law could not be processed. Mr. Wiggers stated that he felt he already paid for the zone change application and should not be charged an additional $750. He noted he was not made aware that expenses beyond the application fee were his responsibility. The Clerk confirmed to Council that the Tariff of Fees By-law provided for collection of cost overruns even though the application did not disclose that fact. Deputy Reeve Volkaert noted that the expenses incurred were the result of numerous requests from the government agencies and was not the fault of Mr. Wiggers. The Reeve was concerned that the zoning application, if processed now, might result in the same situation as the Official Plan Amendment. The Clerk explained that approval has been provided by all Ministries through the Official Plan Amendment. Reeve Chute informed Mr. Wiggers that Council could not act on the zoning application until the number and exact configuration of the proposed lots is known. Reeve Chute questioned Mr. Wiggers if all he was requesting today was to waive the zone change fee to initiate the process at this time. Mr. Wiggers confirmed that this was his desire at this time. Council agreed COUNCIL MINUTES 182 DECEMBER 7, 1995 to waive the zone change fee as long as Mr. Wiggers agreed to be responsible for any expenses exceeding $750. Moved by J. Volkaert Seconded by J. Nezezon "THAT Zoning By-law Amendment fee for an application submitted by John Wiggers be waived." Disposition: Motion Carried Unanimously 5. INFORMATION ITEMS Moved by J. Volkaert Seconded by J. Barclay "THAT Information Items 5(a) - 5(h) be received and filed." Disposition: Motion Carried Unanimously (a) Various newspaper articles. (Received and Filed) (b) Municipal Alert Newsletter. (Received and Filed) (c) Ministry of Municipal Affairs and Housing correspondence regarding amendments to the Planning Act and the Development Charges Act. (Received and Filed) (d) Frank Cowan Company Limited newsletter. (Received and Filed) (e) Long Point Region Conservation Authority circulation of minutes from a meeting held November 1, 1995. (Received and Filed) (f) Ministry of Environment and Energy correspondence regarding Official Plan Amendment #91. (Received and Filed) (g) Elgin-St. Thomas Health Unit Media Release. (Received and Filed) (h) Ontario Good Roads Association Municipal Routes. (Received and Filed) COUNCIL MINUTES 183 DECEMBER 7, 1995 6. PLANNING &DEVELOPMENT 1. CORRESPONDENCE& REPORTS (a) Notice of Public Meeting concerning a proposed zoning by-law amendment by the Corporation of the Village of Vienna. Moved by J. Barclay Seconded by W. Casier "THAT the Village of Vienna be advised the Council of the Township of Bayham has no objection to the proposed amendments to the Village's Zoning By-law." Disposition: Motion Carried Unanimously (b) Konrad & Katharina Stickel application for an amendment to the Township Zoning By-law concerning Lot 19, Concession 6 S.T.R. Moved by J. Volkaert Seconded by J. Barclay "THAT the application of Konrad & Katharina Stickel for an amendment to the Township Zoning By-law to change the zoning on Part Lot 19, Concession 6, to Rural Residential 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 (c) Brian & Betty Lou Graydon application for an amendment to the Township Zoning By-law concerning North Part Lots 12 and 13, Concession 10. Moved by J. Barclay Seconded by W. Casier "THAT the application of Brian & Betty Lou Graydon for an amendment to the Township Zoning By-law to change the zoning on Part Lots 12 & 13, Concession 10, to Rural Residential 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 (d) Memorandum from Clerk Treasurer regarding Zoning By-law amendments to the Agricultural Zone. Moved by J. Volkaert Seconded by J. Barclay "THAT memorandum 95.017 from the Clerk Treasurer be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 184 DECEMBER 7, 1995 (e) County of Elgin Land Division Committee notice of a public meeting regarding application E144.95 submitted by Daniel & Giovina Vandevyvere concerning Part Lots 19 & 20, Concession 5. Moved by J. Barclay 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 E144/95 submitted by Daniel and Giovina Vandevyvere subject to the applicants making a $500 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously (f) County of Elgin Land Division Committee notice of a public meeting regarding application E152/95 submitted by DeCloet Ltd. concerning Part Lots 22 & 23, Concession 9. 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 that application E152/95 not be approved as the application does not meet the minimum frontage requirement of the Township Zoning By-law." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Kevin & Kim Pearson application for an amendment to the Township Zoning By-law concerning Part Lots 113 and 114, Concession 6 S.T.R. 3. OTHER BUSINESS No items. 4. PUBLIC MEETINGS No meetings scheduled. 7. ROADS, AGRICULTURE &DRAINAGE 1. CORRESPONDENCE& REPORTS (a) Staff Report from the Clerk Treasurer regarding Hevenor's Corner Land Purchase. Moved by J. Nezezon Seconded by J. Barclay "THAT Report 95.061 from Clerk Treasurer regarding the purchase of Part 4 on Reference Plan 11R-6107 be adopted." Disposition: Motion Carried Unanimously COUNCIL MINUTES 185 DECEMBER 7, 1995 (b) Staff Report from the Clerk Treasurer regarding Richmond Street Land Purchase. Moved by J. Nezezon Seconded by J. Barclay "THAT Report 95.060 from the Clerk Treasurer regarding the purchase of Part 1 on Reference Plan 11R-6079 be adopted." 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 Chief Building Official regarding the Building Permits issued for the month of November. Moved by J. Nezezon Seconded by J. Volkaert "THAT the building permits for the month of November, 1995 be approved." Disposition: Motion Carried Unanimously (b) Report from Clerk Treasurer regarding Road Naming Committee. Moved by W. Casier Seconded by J. Barclay "THAT the Road Naming Committee be advised the Council of the Township of Bayham endorses the road names as selected by the Committee." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. COUNCIL MINUTES 186 DECEMBER 7, 1995 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Elgin Law Association correspondence regarding proposed changes to court facilities. Moved by J. Volkaert Seconded by W. Casier "THAT the Attorney-General for Ontario be advised the Council of the Township of Bayham strongly objects to the proposed recommendation contained in the report entitled "Rationalization of Court Facilities: Recommendations by the Regions" whereby the court facilities serving Elgin County would be transferred to London." Disposition: Motion Carried Unanimously (b) Summary of Council Highlights covering the period 1963 - 1995. Moved by J. Nezezon Seconded by J. Volkaert "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (c) Report from Clerk Treasurer regarding Union Gas Franchise Agreement. Moved by J. Nezezon Seconded by J. Volkaert "THAT Report 95.059 from Clerk Treasurer with respect to a Franchise Agreement between Bayham Township and Union Gas Ltd. be adopted." Disposition: Motion Carried Unanimously (d) Cash requirements report of accounts for the period ending December 5, 1995, and a cheque register for the period ending November 29, 1995. Moved by J. Volkaert Seconded by W. Casier "THAT the Cash Requirements for accounts for the period ending December 5, 1995, be approved for payment except for Obligation Numbers 4291 and 4387, AND THAT the Cheque Register of cheques issued for the period ending November 29, 1995, be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. COUNCIL MINUTES 187 DECEMBER 7, 1995 10. ENVIRONMENT 1. CORRESPONDENCE & REPORTS (a) Ontario Clean Water Agency correspondence advising of approval of the application for funding assistance for Sewage&Water Study Projects for Straffordville and Eden. Moved by J. Volkaert Seconded by W. Casier "THAT the Council of the Township of Bayham authorize Cyril J. Demeyere Limited to proceed with the Environmental Study Report for a Water and Sewage Project for the hamlet of Straffordville in accordance with the Terms of Reference adopted by Council of September 21, 1995." "AND THAT the Council of the Township of Bayham authorize Cyril J. Demeyere Limited to proceed with the Environmental Study Report for a Water and Sewage Project for the hamlet of Eden in accordance with the Terms of Reference adopted by Council of September 21, 1995." Disposition: Motion Carried Unanimously (b) Cyril J. Demeyere Ltd. correspondence regarding the Highway 19 Watermain. Moved by J. Nezezon Seconded by J. Barclay "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& REPORTS Moved by W. Casier Seconded by J. Nezezon "THAT the Council do now rise to enter into an "In Camera" Committee of the Whole session to discuss 2 personnel matters." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier (a) Report from Clerk Treasurer regarding a personnel matter. COUNCIL MINUTES 188 DECEMBER 7, 1995 (b) Report from Clerk Treasurer regarding a personnel matter. "THAT the Committee of the Whole do now rise; AND THAT the report from the Committee of the Whole be adopted." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 12. BY-LAWS 95-57 A by-law to authorize the purchase of Part of Lot 9, Concession 11 (Part 4 on Reference Plan 11R-6107) 95-58 A by-law to authorize a Franchise Agreement between Bayham Township and Union Gas Ltd. 95-59 A by-law to authorize the purchase of Part of Lot 41, Registered Plan 22, hamlet of Richmond(Part 1 on Reference Plan 11R-6097) 95-60 Confirming By-law Moved by W. Casier Seconded by J. Nezezon "THAT by-laws 95-57, 95-58 and 95-59 be taken as read a fust and second time." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by W. Casier "THAT by-laws 95-57 and 95-59 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Cagier "THAT by-law 95-60 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Cagier Seconded by J. Volkaert "THAT by-law 95-60 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 189 DECEMBER 7, 1995 13. ADJOURNMENT Moved by J. Nezezon Seconded by W. Casier "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously :2 Off/ REEVE CLERK