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Home My WebLink AboutBayham Council Minutes 1994 COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO JANUARY 6, 1994 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 6, 1994 in the Council Chambers. Present were Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors Wayne Casier, Jim Hagell, Doug Dennis and Clerk Treasurer Donald W. MacLeod. 1. CALL TO ORDER Reeve Chute called the meeting to order at 9:01 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 (a) Minutes from the regular Council meeting held December 16, 1993. Moved by W. Casier Seconded by J. Volkaert "THAT the minutes of December 16, 1993 be adopted as circulated." Motion Carried Unanimously 4. DELEGATIONS (a) 11:00 a.m. - Vicky Wiggans regarding proposed 1994 recreation survey. Vicky Wiggans appeared before Council to seek permission to circulate a recreation survey to Township residents to determine the recreation needs of the residents. Mrs. Wiggans noted the draft survey asked questions about persons living in the household such as ages, recreational activities now and what they would like to see in the future. Reeve Chute suggested residents in hamlets other than Straffordville be asked if they would be willing to travel to Straffordville for programs. Deputy Reeve Volkaert suggested transportation issues be addressed as well. (b) 11:30 a.m. - Gar Knutson, M.P., Elgin-Norfolk. Gar Knutson, M.P., Elgin-Norfolk met with the Township Council to review the Federal Infrastructure Plan. Mr. Knutson advised Council the program consists of three funding partners; the federal government, the province and municipalities, school boards, colleges and universities. The program has a duration of two years with the province and federal government each contributing a total of two billion dollars. Each municipality is eligible to receive an amount equal their population as a percentage of the total Canadian population multiplied by two billion dollars. Mr. Knutson noted that projects which will stimulate economic growth such as water or sewage treatment facilities, or any venture resulting in job creations are eligible for funding. In reply to Reeve Chute's question Mr. Knutson offered the opinion that construction of a new fire hall would not meet the criteria of the plan. Mr. Knutson concluded by informing Council he would be willing to attend further meetings subject to his schedule in Ottawa. He thanked Council for inviting him to the meeting and said he was looking forward to a positive and open COUNCIL MINUTES - 2 - January 6, 1994 Council he would be willing to attend further meetings subject to his schedule in Ottawa. He thanked Council for inviting him to the meeting and said he was looking forward to a positive and open relationship with Bayham Township. (c) 1:30 p.m. - Ziggy Blondeel concerning a request for the Township to supply sand and salt for Highway Meadows Trailer Park. Mr. Ziggy Blondeel was present to request that the Township supply sand and salt for Highway Meadows Trailer Park. Mr. Blondeel noted his park contributes approximately thirty thousand dollars in tax dollars to the Township and residents of the park should receive consideration for this request. Deputy Reeve Volkaert noted that Mr. Blondeel as a private business owner, should be responsible for ensuring the safety of tenants of the park by sanding and salting the private roads servicing the tenants. Reeve Chute noted if the Township supplied sand and salt for Highway Meadows a precedent would be set for supplying other such ventures as well. He advised Mr. Blondeel Council would consider his request and advise him of the decision. (d) 2:00 p.m. - Peter Klassen regarding offer to purchase property owned by the Township at 6 Plank Road South. (enclosure) Mr. Peter Klassen appeared before Council to present an offer to purchase property owned by the Township at 6 Plank Road South. Mr. Klassen informed Council he was in the process of purchasing property owned by Jeannie Jedriak, situated between two parcels of land owned by Bayham Township. Mr. Klassen's intention is to construct an auto parts business on the Jedriak lot and to utilize the Township owned lot as a parking lot and a possible commercial establishment in the future. Reeve Chute informed Mr. Klassen the Township should make the abutting land owners aware an offer had been received and afford them the opportunity to also submit an offer to purchase. Failure to receive an offer that would benefit the Township Mr. Kiassen's offer would receive serious consideration. Councillor Casier enquired that if the abutting land owners could be contacted prior to January 14, 1994 a decision could be made at that time whether to accept Mr. Klassen's offer. 5. TENDERS No items. 6. ACCOUNTS (a) Accounts for the period ending December 31, 1993. Moved by D. Dennis Seconded by J. Hagell "THAT the accounts for the period ending December 31, 1993 be approved." Motion Carried Unanimously 7. PUBLIC MEETINGS Moved by D. Dennis Seconded by J. Hagell "THAT the Council meeting be adjourned for the purpose of holding a public meeting pursuant to the provisions of the Planning Act." Motion Carried Unanimously COUNCIL MINUTES - 3 - January 6, 1994 The Township Council meeting was adjourned at 2:30 p.m. so that the Committee of Adjustment could consider an application. The Council meeting resumed at 2:40 p.m. 8. CORRESPONDENCE Moved by W. Casier Seconded by J. Hagell "THAT items 8(a), 8(c) and 8(e) be received and filed." Motion Carried Unanimously (a) Ministry of Transportation correspondence regarding abandoned Railway Rights-of-Way. (Received and Filed) (b) Ministry of Municipal Affairs correspondence regarding establishment of Social Contract Provincial Municipal Task Force. Moved by J. Hagell Seconded by W. Casier "THAT the correspondence be tabled pending further review so that a response may be submitted to the Social Contract Provincial-Municipal Task Force." Motion Carried Unanimously (c) Copy of correspondence from Art Eggleton, Minister responsible for Infrastructure (Canada) and Frances Lankin, Minister of Economic Development and Trade (Ontario) regarding Federal Infrastructure Program. Moved by W. Casier Seconded by J. Hagell "THAT the County of Elgin be advised Donald W. MacLeod will be attending the County of Elgin/City of St. Thomas Council Workshop on January 22, 1994. Motion Carried Unanimously (d) County of Elgin correspondence regarding County of Elgin/City of St. Thomas workshop to be held on January 22, 1994. (Received and Filed) (e) Long Point Region Conservation Authority circulation of minutes of a meeting held December 1, 1993. (Received and Filed) (f) Rural Dignity of Canada correspondence regarding rural postal service. Moved by J. Vollcaert Seconded by D. Dennis "THAT the Honourable David Dingwall, Minister responsible for Canada Post be advised the Council of the Township of Bayham strongly supports the Federal post office which currently services Bayham Township; COUNCIL MINUTES - 4 - January 6, 1994 "AND THAT the Minister be advised Council does not encourage further privatization of rural post offices." Motion Carried Unanimously (g) Association of Municipalities of Ontario request for a one-time voluntary donation. Moved by W. Casier Seconded by J. Hagell "THAT a donation of $100.00 be made to the Association of Municipalities of Ontario. Motion Carried Unanimously (h) County of Elgin Land Division Committee notice of public meeting concerning application E49/93, as amended, submitted by Wayne and Mary Taylor concerning Part Lot 121, Concession S.T.R. Moved by J. Volkaert Seconded by W. Casier "THAT correspondence be deferred pending a meeting with the applicant on January 14, 1994. Motion Carried Unanimously 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Road Superintendent. (9:00 a.m.) (b) Report from Clerk Treasurer regarding 1993 year end Tax Arrears and Assessment status. Moved by D. Dennis Seconded by J. Hagell "THAT the report be received and filed." Motion Carried Unanimously (c) Report from Clerk Treasurer regarding Committee of Adjustment. Moved by J. Volkaert Seconded by W. Casier "THAT a by-law be given three readings to appoint a Committee of Adjustment for the Township of Bayham. Motion Carried Unanimously (d) Report from Spriet Associates regarding Bartlett Bridge. Moved by J. Volkaert Seconded by W. Casier COUNCIL MINUTES - 5 - January 6, 1994 "THAT the report from Spriet Associates be received and considered for inclusion in the 1994 budget. Motion Carried Unanimously (e) Report from Cyril Demeyere Ltd. regarding Highway #19 watermain extension. (previously circulated) Mr. Cyril Demeyere met with Council to review the engineering report proposed watermain extension along Highway #19 north of the village of Vienna. Mr. Demeyere reviewed the report noting it contained four alternatives for servicing the area in question. Option 1 proposed to extend to the line to the northern most petitioner with a full distribution system. Option 2 would eliminate the section of 10" pipe along Highway 19 between Mill St. and Concession 3. Options 3 and 4 would terminate the project at Concession 3. Mr. Demeyere noted this preliminary report assigned a cost of $3,500 per property cost. This amount will be determined by Council. Mr. Demeyere advised the next step is to have Council decide on a course of action and have a report prepared to circulate to the affected property owners. 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) Wayne and Mary Taylor application for an amendment to the Township Zoning By-law concerning Part Lot 121, Concession S.T.R. Moved by J. Volkaert Seconded by W. Casier "THAT the application be deferred pending a meeting with the applicant on January 14, 1994." Motion Carried Unanimously (b) Elizabeth Barclay application for an amendment to the Township Zoning By-law concerning Part Lot 123, Concession N.T.R. Moved by W. Casier Seconded by J. Hagell "THAT the application of Elizabeth Barclay for an amendment to the Township Zoning By-law to change the zoning on Part Lot 123, Concession N.T.R. to Hamlet Commercial Special to permit construction of a self contained apartment be accepted and forwarded to the Township Planning Consultant for by-law preparation. 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Copy of correspondence from the Ministry of Housing to Cumming Cockburn Ltd. regarding Bayham Township Municipal Housing Statement. (November 18, 1993) 13. OTHER BUSINESS Reeve Chute asked that Council consider making a donation to the Resources Assessment and Planning Committee (Tobacco Task Force). This item was presented to Council earlier in 1993 and was deferred to be considered as part of the 1994 budget COUNCIL MINUTES - 6 - January 6, 1994 deliberations. In light of the economic impacts the tobacco industry has on Bayham Township Reeve Chute asked that Council consider making a donation. Moved by J. Volkaert Seconded by W. Casier "THAT a donation of$1,500.00 be made to the Resources Assessment and Planning Committee." Motion Carried Unanimously 14. BY-LAWS 94-1 1994 Borrowing By-law 94-2 A by-law to authorize the Reeve and Clerk to execute a quit claim deed for Part of Lot 125, North of Talbot Road, and part of Fifth Street west of Plank Road, Plan 205 for the hamlet of Straffordville designated as Part 1 on Reference Plan 11R-4305. 94-3 A by-law to appoint a Committee of Adjustment 94-4 Confirming By-law Moved by J. Volkaert Seconded by W. Casier "THAT by-laws 94-1, 94-2 and 94-3 be taken as read a first and second time." Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT by-laws 94-1, 94-2 and 94-3 be taken as read a third time and finally passed." Motion Carried Unanimously Moved by J. Hagell Seconded by D. Dennis "THAT by-law 94-4 be taken as read a first and second time" Motion Carried Unanimously Moved by D. Dennis Seconded by W. Casier "THAT by-law 94-4 be taken as read a third time and finally passed." Motion Carried Unanimously COUNCIL MINUTES - 7 - January 6, 1994 15. ADJOURNMENT Moved by J. Hagell Seconded by D. Dennis "THAT the Council meeting be adjourned." Motion Carried Unanimously ilk 1 REEVE CLERK COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO JANUARY 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, January 20, 1994 in the Council Chambers. Present were Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors Wayne Casier, Jim Hagell, Doug Dennis and Clerk Treasurer Donald W. MacLeod. 1. CALL TO ORDER Moved by D. Dennis Seconded by J. Hagell "THAT the Council meeting commence at 7:25 p.m. pursuant to Section 3 of By-law 93-7." Motion Carried Unanimously 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No member of Council made a disclosure of pecuniary interest and the general nature thereof. 3. MINUTES (a) Minutes from the regular Council meeting held January 6, 1994. Moved by W. Casier Seconded by J. Volkaert "THAT the minutes of a meeting held January 6, 1994 be adopted, as amended." Motion Carried Unanimously 4. DELEGATIONS No items. 5. TENDERS No items. 6. ACCOUNTS (a) Accounts for the period ending January 18, 1994. Moved by J. Volkaert Seconded by W. Casier "THAT the accounts for the period ending January 18, 1994 be approved." Motion Carried Unanimously COUNCIL MINUTES - 9 - January 20, 1994 7. PUBLIC MEETINGS Moved by J. Hagell 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." 1. CALL TO ORDER Reeve Chute called the meeting to order at 7:30 p.m. and advised Council the purpose of the public meeting was to receive public input regarding 7 applications for amendments to the Township Zoning By-law. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. APPLICATIONS (a) Katherine Fehr application for an amendment to the Township Zoning By-law to facilitate a severance for the development of a retirement dwelling concerning the North Part of Lot 7, Concession 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 Rural Residential (RR) to facilitate a severance for the development of a retirement dwelling. ii) Presentation By Applicant Mr. Pete Fehr, agent for the applicant, was present on behalf of the applicants but did not address Council. u) Public Comments No member of the public appeared to comment on the proposal. No comments were received from any of the agencies or ministries circulated. iii) Council Questions and Discussions There were no comments or questions from Council. 4. ADJOURNMENT Moved by W. Casier Seconded by D. Dennis "THAT the public meeting be adjourned." Motion Carried Unanimously COUNCIL MINUTES - 10 - January 20, 1994 8. CORRESPONDENCE Moved by W. Casier Seconded by J. Hagell "THAT items 8(a), 8(b), 8(d), 8(f) and 8(g) be received and filed." Motion Carried Unanimously (a) Ministry of Municipal Affairs correspondence regarding Official Plan Amendment No. 94 (Cowan). (Received and Filed) (b) Copy of correspondence from the Ontario Municipal Board to Giles Therrien regarding an appeal of Township Zoning By-law No Z297-93. (Received and Filed) (c) Minister of Municipal Affairs correspondence regarding proposed reforms to the planning and development system. Moved by W. Casier Seconded by J. Hagell "THAT the correspondence be referred to the Township planning consultant for further review." Motion Carried Unanimously (d) Six Nations Council correspondence regarding a resolution of the Township of Onandaga with respect to native bands purchasing non-native lands. (Received and Filed) (e) Canadian National Institute of the Blind request for financial assistance. Moved by W. Casier Seconded by J. Hagell "THAT the request be deferred to the January 31, 1994 budget meeting." Motion Carried Unanimously (f) Ontario Hydro correspondence regarding inspections of all pole-mounted floodlight installations in sports parks. Moved by J. Volkaert Seconded by W. Casier "THAT Laird Passmore be requested to submit a quotation for the repair and maintenance of outdoor floodlight grounding in Bayham Township as outlined in Ontario Hydro correspondence dated November 15, 1993. Motion Carried Unanimously (g) Copy of correspondence from Cumming Cockburn Ltd. to the Ministry of Municipal Affairs with respect to Official Plan Amendment Nos. 64, 92, 93, 94, 95 & 96. (Received and Filed) COUNCIL MINUTES - 11 - January 20, 1994 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Fire Chief. (8:30 p.m.) Fire Chief Ken Laemers appeared before Council to discuss the addition of 3 new Fire Captains to the department. Chief Laemers advised Council that many area departments have appointed additional Fire Captains and assigned men to each captain to act as a training team. This allows for more in depth training as it is in smaller groups and allows the experienced firemen to provide valuable information to team members. Chief Laemers requested permission to appoint 3 additional Fire Captains to bring the compliment to four captains. The three individuals are Gerry Whitcroft, Rick Garrett and Murray Wisson. Currently Gerry Whitcroft is a Training Officer but has requested a change to Fire Captain. With this vacancy Chief Laemers requested that Gary Zamecnik be appointed as Training Officer. Moved by J. Volkaert Seconded by W. Casier "THAT the Clerk-Treasurer be authorized to prepare a by-law to amend By-law No. 93-6 (Appointment By-law) to appoint Gerry Whitcroft, Rick Garret and Murray Wisson as Fire Captains and to appoint Gary Zamecnik as the Fire Training Officer. Motion Carried Unanimously (b) Report from Chief Building Official regarding year end summary of building permits issued in 1993. Moved by J. Hagell Seconded by D. Dennis "THAT the report be received and filed." Motion Carried Unanimously (c) Report from Clerk Treasurer regarding revised lottery licensing fees. Moved by J. Volkaert Seconded by I. Hagell "THAT the following fees for lottery licences, issued in accordance with the Order-in Council dated October 27, 1993 and the Gaming Services Act, S.O. 1992, and regulations made under the Gaining Services Act be as follows: 1. Media Bingo Licence fees shall be 3% of the proposed prizes. 2. Bingo Licence fees shall be 1% of the proposed prizes. 3. Raffle Licence fees,including stub draws,elimination draws, calendar draws, sports pools, rubber duck races and 50/50 draws shall be 3% of the proposed prizes. 4. Break open ticket (Nevada Tickets) licence fees shall be 3% of the proposed total prizes. 5. The licence fee for bazaars shall be 3% of the proposed prizes for raffle and bingo events and $10.00 per wheel of fortune." Motion Carried Unanimously COUNCIL MINUTES - 12 - January 20, 1994 (d) Report from Clerk Treasurer regarding John Street (Corinth) encroachment. 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 frame garage over John Street in the hamlet of Corinth for the fee of $1.00." Motion Carried Unanimously (e) Report from Clerk Treasurer regarding Bayham/Vienna amalgamation proceedings. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Motion Carried Unanimously (f) Report from Cumming Cockburn Ltd. regarding adoption of Municipal Housing Statement. Moved by W. Casier Seconded by D. Dennis "THAT the Municipal Housing Statement, dated November 1993, prepared by Cumming Cockburn Limited is hereby adopted as the Municipal Housing Statement for the Corporation of the Township of Bayham." Motion Carried Unanimously (g) Report from Clerk Treasurer regarding Committee and Board appointments for 1994. Moved by D. Dennis Seconded by J. Hagell "THAT the report be tabled." Motion Carried Unanimously (h) Report from Clerk Treasurer regarding 1994 Interim Tax Levy. Moved by J. Hagell Seconded by W. Casier "THAT Council pass a by-law to set the interim mill rate at 171 mills." Motion Carried Unanimously (i) Report from Clerk Treasurer regarding Otter Valley Environmental Action Committee. Moved by D. Dennis Seconded by J. Hagell "THAT the Clerk Treasurer be authorized to advertise for citizens interested in serving on the Bayham Environmental Action Committee." Motion Carried Unanimously COUNCIL MINUTES - 13 - January 20, 1994 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) Revised map from Wayne and Mary Taylor application for an amendment to the Township Zoning By-law concerning Part Lot 121, Concession S.T.R. Moved by J. Volkaert Seconded by W. Casier "THAT the application of Wayne & Mary Taylor for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 121, Concession S.T.R. to Rural Residential to permit the creation of a retirement lot be accepted and forwarded to the Township planning consultant for by-law preparation." Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Copy of correspondence from the Ministry of Housing to Cumming Cockburn Ltd. regarding Bayham Township Municipal Housing Statement. (November 18, 1993) (see agenda item 9(f) 13. OTHER BUSINESS No items. 14. BY-LAWS Moved by J. Volkaert Seconded by W. Casier "THAT by-laws 94-5, 94-6 and Z298/94 be taken as read a first and second time." Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT by-laws 94-5, 94-6 and Z298/94 be taken as read a third time and finally passed." Motion Carried Unanimously Moved by D. Dennis Seconded by J. Hagell "THAT by-law 94-7 be taken as read a first and second tithe." Motion Carried Unanimously Moved by J. Hagell Seconded by D. Dennis "THAT by-law 94-7 be taken as read a third time and finally passed." Motion Carried Unanimously COUNCIL MINUTES - 14 - January 20, 1994 Z298/94 A by-law to amend By-law 2387 (Katherine Fehr) 94-5 Being a by-law to provide for an interim levy prior to the adoption of the estimates for the year 1994. 94-6 A by-law to authorize the Reeve and Clerk to execute an agreement to permit the encroachment of a frame garage over John Street in the hamlet of.Corinth and to fix a fee for such privilege. 94-7 Confirming By-law 15. ADJOURNMENT Moved by W. easier Seconded by J. Hagell "THAT the Council Meeting be adjourned." Motion Carried Unanimously et.k/ REEVE CLERK COMMITTEE OF ADJUSTMENT OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO JANUARY 2, 1994 2;30 P.M. The Committee of Adjustment of the Corporation of the Township of Bayham met on January 2, 1994 at 2:30 p.m. in the Council Chambers to consider Application A/5193 submitted by Andy Dieleman Ltd. Present were Chair D. Vane Chute, Vice Chair Wayne Casier, members Joe Volkaert Sr., Doug Dennis, Jim Hagell and Secretary Treasurer Donald W. MacLeod. 1. CALL TO ORDER The Secretary Treasurer called the meeting to order by stating that resolutions were required to appoint a Chair and a Vice Chair. Moved by J. Hagell Seconded by D. Dennis "THAT Joe Volkaert be appointed to act as Chair of the Committee of Adjustment of the Corporation of the Township of Bayham. AND THAT Wayne Casier be appointed to act as Vice Chair of the Committee of Adjustment of the Corporation of the Township of Bayham." Motion Carried Unanimously Chair Joe Volkaert then called the meeting to order at 2:30 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. MINUTES Moved by J. Hagell Seconded by V. Chute "THAT the minutes of December 2, 1993 be adopted." Motion Carried Unanimously 4. APPLICATIONS (a) Application A/5/93 - Andy Dieleman Ltd., Part Lot 6, Concession 9. i) STAFF REPORT The Secretary Treasurer advised the Committee the minor variance was necessary to permit construction of a 336 square foot storage building that will require relief from the side yard requirement for accessory buildings of 3 metres (9.8 feet) to 1.22 metres (4 feet) as set out in the Township of Bayham Zoning By-Law No. 2387. He also noted this property was subject to a rezoning in 1993 and this application applied to the same lands. u) PRESENTATION BY APPLICANT Mr. Andy Dieleman was present and advised the Committee he was under the impression accessory buildings could be built up to three feet from the lot line and not 9.8 feet. He informed the Committee that construction had commenced by the pouring of cement footings. COMMITTEE OF ADJUSTMENT - 8 - JANUARY 2, 1994 MINUTES iii) PUBLIC COMMENTS No member of the public appeared to comment on this application. iv) COMMITTEE QUESTIONS AND DISCUSSIONS No member of the Committee had any questions. 5. ACTION BY COMMITTEE Moved by W. Casier Seconded by D. Dennis "THAT application A/5/93 to permit permit construction of a 336 square foot storage building that will require relief from the side yard requirement for accessory buildings of 3 metres (9.8 feet) to 1.22 metres (4 feet) be approved. Motion Carried Unanimously 6. ADJOURNMENT Moved by W. Casier Seconded by J. Hagell "THAT the Committee of Adjustment meeting be adjourned." Motion Carried Unanimously CHAIRMAN SECRETARY TREASURER COMMITTEE OF ADJUSTMENT OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLR, ONTARIO JANUARY 6, 1994 2:30 P.M. The Committee of Adjustment of the Corporation of the Township of Bayham met on January 6, 1994 at 2:30 p.m. in the Council Chambers to consider Application A/5/93 submitted by Andy Dieleman Ltd. Present were Chair D. Vane Chute, Vice Chair Wayne Casier, members Joe Volkaert Sr., Doug Dennis, Jim Hagell and Secretary Treasurer Donald W. MacLeod. 1. CALL TO ORDER The Secretary Treasurer called the meeting to order by stating that resolutions were required to appoint a Chair and a Vice Chair. Moved by J. Hagell Seconded by D. Dennis "THAT Joe Volkaert be appointed to act as Chair of the Committee of Adjustment of the Corporation of the Township of Bayham. AND THAT Wayne Casier be appointed to act as Vice Chair of the Committee of Adjustment of the Corporation of the Township of Bayham." Motion Carried Unanimously Chair Joe Volkaert then called the meeting to order at 2:30 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. MINUTES Moved by J. Hage11 Seconded by V. Chute "THAT the minutes of December 2, 1993 be adopted." Motion Carried Unanimously 4. APPLICATIONS (a) Application A/5/93 - Andy Dieleman Ltd., Part Lot 6, Concession 9. i) STAFF REPORT The Secretary Treasurer advised the Committee the minor variance was necessary to permit construction of a 336 square foot storage building that will require relief from the side yard requirement for accessory buildings of 3 metres (9.8 feet) to 1.22 metres (4 feet) as set out in the Township of Bayham Zoning By-Law No. 2387. He also noted this property was subject to a rezoning in 1993 and this application applied to the same lands. ii) PRESENTATION BY APPLICANT Mr. Andy Dieleman was present and advised the Committee he was under the impression accessory buildings could be built up to three feet from the lot line and not 9.8 feet. He informed the Committee that construction had commenced by the pouring of cement footings. COMMYITEE OF ADJUSTMENT - 8 JANUARY 6, 1994 MINUTES iii) PUBLIC COMMENTS No member of the public appeared to comment on this application. iv) COMM TIEE QUESTIONS AND DISCUSSIONS No member of the Committee had any questions. 5. ACTION BY COMMITTEE Moved by W. Casier Seconded by D. Dennis "THAT application A15193 to permit permit construction of a 336 square foot storage building that will require relief from the side yard requirement for accessory buildings of 3 metres (9.8 feet) to 1.22 metres (4 feet) be approved. Motion Carried Unanimously 6. ADJOURNMENT Moved by W. Casier Seconded by J. Hagell "THAT the Committee of Adjustment meeting be adjourned." Motion Carred Unanimously CHAIRMAN SECRETARY TREASURER COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO FEBRUARY 17, 1994 9:00 A.M. The regular meeting of the Council of the Township of Bayham was held at 7:30 p.m. on Thursday, February 17, 1994 in the Council Chambers. Present were Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors Wayne Casier, Jim Hagell, Doug Dennis 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 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 February 3, 1994. Moved by J. Volkaert Seconded by W. Casier "THAT the minutes of February 3, 1994 be adopted as circulated." Motion Carried Unanimously 4. DELEGATIONS (a) Gerard Vandendriessche regarding proposed severance at Part Lot 14, Concession 4. { 5. TENDERS No items. 6. ACCOUNTS (a) Accounts for the period ending February 10, 1994. Moved by J. Hagell Seconded by D. Dennis "THAT the accounts for the period ending February 10, 1994 be approved." Motion Carried Unanimously 7. PUBLIC MEETINGS See attached agenda. Moved by W. Casier Seconded by D. Dennis COUNCIL MEETING - 16 - February 3, 1994 Moved by W. Casier Seconded by J. Hagell "THAT items 8(a), 8(b), 8(c), 8(e), 8(f), 8(g), 8(h), 8(i) and 8(k) be received and filed." Motion Carried Unanimously (a) Minister of Municipal Affairs correspondence regarding hearing of delegations on February 7 and 8 at the Rural Ontario Municipal Association conference. (Received and Filed) (b) Ministry of Transportation correspondence regarding construction or reconstruction of sidewalks along King's Highways or County Roads by Townships. (Received and Filed) (c) Minister of Municipal Affairs correspondence regarding Canada-Ontario Infrastructure Works Program. (Received and Filed) (d) Copy of correspondence from the Ministry of Agriculture and Food to the Ministry of Municipal Affairs regarding Official Plan Amendment No. 94 (Cowan). Moved by W. Casier Seconded by J. Hagell "THAT the correspondence be forwarded to Lloyd Cowan." Motion Carried Unanimously (e) Ministry of Transportation correspondence regarding 1994 tendering procedures. (Received and Filed) (f) Long Point Region Conservation Authority circulation of minutes of a meeting held January 5, 1994. (Received and Filed) (g) Canada Post Corporation correspondence reply to Township's resolution supporting the position of Rural Dignity of Canada with respect to rural postal service. (Received and Filed) (h) Jack Graves Realty correspondence regarding Eeley' Garage. (Received and Filed) (i) Township of Malahide notice of the passing of a zoning by-law concerning Part Lot 26, Concession 8. (Received and Filed) (j) Tillsonburg Tri-County Agricultural Society request for financial assistance. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be deferred to 1994 budget deliberations." Motion Carried Unanimously (k) Frank Cowan correspondence regarding various insurance & insurance related litigation matters. (Received and Filed) COUNCIL MEETING - 17 - February 3, 1994 (1) Otter Valley Rod & Gun Club request for support of a resolution regarding gun control. Moved by J. Hagell Seconded by D. Dennis "WHEREAS firearm use is deeply entrenched in Canadian history since the arrival of the first European explorers." "WHEREAS the first settlers depended on the fwearm for both food and protection." "WHEREAS in rural Canada, farmers, ranchers, and trappers still depend on the firearm in their daily existence." "WHEREAS Canada's National shooting teams have made us proud at both the Olympics and other International competitions." "WHEREAS economically, the business of firearms and sports accessories accounts for billions of dollars and hundreds of thousands of jobs in Canada." "WHEREAS all Provincial Governments collect millions of dollars from the implementation of hunting seasons for wildlife management. "WHEREAS millions of Canadians belong to the Responsible Recreation Firearm Community. They consist of all Wildlife Organizations, Collectors, Ranchers, Hunters,Rifle Clubs, Handgun Clubs, Trap Clubs, Skeet Clubs,Junior Rifle Clubs, Army & Air Cadet Shooting, Black Powder Clubs, Hunter Safety Training Groups, Wildlife Management Groups, and Olympic Shooting Organization (all Firearms)." "WHEREAS the National Firearm Association and all gun clubs in Canada promote the lawful, responsible, and safe use of firearms both in the home and in the field." Motion Carried Unanimously 9. REPORTS OF STAFF AND CONSULTANTS Moved by D. Dennis Seconded by J. Hagell "THAT reports 9(h), 9(i), 9(j) be added to the list of business." Motion Carried Unanimously (a) Report from Road Superintendent. (9:00 a.m.) Road Superintendent James Gibbons was present to inform Council of Road Department activities for the period ending February 2, 1994. Mr. Gibbons advised Council the entire road department spent the entire month of January snow ploughing and sanding/salting roads. Mr. Gibbons noted all equipment had performed very well with only one breakdown on Truck #2. (b) Report from Clerk Treasurer regarding Official Plan Amendment No. 93 (Site Plan Control). Moved by J. Volkaert Seconded by W. Cagier "THAT the report be received and filed." Motion Carried Unanimously COUNCIL MEETING - 18 - February 3, 1994 (c) Report from Clerk Treasurer regarding Fire Department personnel appointments. CORPORATION OF THE TOWNSHIP OF BAYHAM ADMINISTRATION REPORT TO: Reeve and Members of Council DATE: January 31, 1994 FROM: Clerk Treasurer FILE: F.3.1 & A.3.1 SUBJECT: Fire Department Personnel Appointments NUMBER: 13.a94 Background & Comments As instructed by Council a by-law has been prepared to appoint Murray Wisson, Rick Garrett and Gerry Whitcroft as Fire Captains and Gary Zamecnik as a Fire Training Officer. This will allow the fire department to utilize a four captain system as outlined by the Fire Chief at the January 20, 1994 meeting of Council. Recommendations 1. That Council pass a by-law to amend By-law No. 93-6 (Appointment By-law) and to appoint Murray Wisson, Rick Garrett and Gerry Whitcroft as Fire Captains and Gary Zamecnik as a Fire Training Officer. Donald W. MacLeod Clerk Treasurer Moved by D. Dennis Seconded by J. Hagell "THAT a by-law be given three readings to amend By-law No. 93-6 (Appointment By-law) to appoint Gerry Whitcroft, Rick Garret and Murray Wisson as Fire Captains and to appoint Gary Zamecnik as a Fire Training Officer." Motion Carried Unanimously (d) Report from Clerk Treasurer regarding Zoning By-law No. 298/94. CORPORATION OF THE TOWNSHIP OF BAYHAM ADMINISTRATION REPORT TO: Reeve and Members of Council DATE: January 31, 1994 FROM: Clerk Treasurer FILE: P.Z.1.2.16 SUBJECT: Zoning By-law No. Z298/94 (Fehr) NUMBER: 12.a94 Background On January 20, 1994 the Township Council adopted Zoning By-law No. Z298/94 which changed the zoning on a parcel of land from Agricultural (Al) to Rural Residential (RR) to facilitate the severance of a retirement lot. Comments Subsequently it was brought to the Township's attention the map on the public meeting notices and the by-law were incorrect. After review it was confirmed the notice of public meeting, the notice of passing and the by-law all had the incorrect map. In order to correct this situation, By-law Z298/94 will have to be repealed and a new COUNCIL MEETING - 19 - February 3, 1994 zoning by-law adopted. A revised notice of public meeting has been circulated and the meeting is scheduled for February 17, 1994 at 7:30 p.m. The applicant's agent Mr. Pete Fehr will be contacted and advised of the error. Recommendations 1. That Council pass a by-law to repeal By-law No. Z298/94. Donald W. MacLeod Clerk Treasurer Moved by J. Hagell Seconded by D. Dennis "THAT a by-law be given three readings to repeal By-law No. Z298/94." Motion Carried Unanimously e) Report from Clerk Treasurer regarding revised Dog Licensing By-law. CORPORATION OF THE TOWNSHIP OF BAYHAM ADMINISTRATION REPORT TO: Reeve and Members of Council DATE: January 31, 1994 FROM: Clerk Treasurer FILE: D.4.1 SUBJECT: Dog Licensing By-law NUMBER: 14.a94 Background & Comments The current Dog Licensing By-law (By-law No. 2023) was adopted by Council in 1980. Upon review several sections of this by-law are deficient and should be updated. The attached by-law has been prepared for Council's review. This by-law updates statutory references as well as the changes listed below. • Owners must purchase a tag prior to June 30 as opposed to the present September 30. • Dogs are prohibited from running at large at any time, the present by-law permits dogs running at large in the winter months. • Proposes to raise the dog tag fee from $10.00 to $15.00. Recommendations 1. That Council pass a by-law to adopt a revised Dog Licensing By-law Donald W. MacLeod Clerk Treasurer Moved by J. Volkaert Seconded by W. Casier "THAT a by-law be given three readings to adopt a revised dog licensing by-law." Motion Carried Unanimously COUNCIL MEETING - 20 - February 3, 1994 (1) Report from Chief Building Official regarding building permits for the period ending December 31, 1993. Moved by D. Dennis Seconded by J. Hagell "THAT the building permits for the period ending December 31, 1993 be approved." Motion Carried Unanimously (g) Report from Chief Building Official regarding building permits for the period ending January 31, 1994. Moved by D. Dennis Seconded by J. Hagell "THAT the building permits for the period ending January 31, 1994 be approved." Motion Carried Unanimously (h) Report from Clerk Treasurer regarding 1993 Ministry of Transportation final road report. The Clerk advised Council a resolution was necessary under the Public Transportation & Highway Improvement Act to authorize the Treasurer to submit the final 1993 road report. Moved by J. Hagell Seconded by J. Volkaert "THAT the Treasurer be authorized to submit the final 1993 road report to the Ministry of Transportation." Motion Carried Unanimously (i) Report from Clerk Treasurer regarding Green Lane Landfill. The Clerk advised Council that Green Lane Landfill had received notification from the province that the appeal of Connie Drew and Glen Williams had been quashed by Cabinet. Green Lane is now waiting for a revised Certificate of Approval prior to the site accepting waste. Moved by W. Casier Seconded by D. Dennis "THAT the report from the Clerk Treasurer be received and filed." Motion Carried Unanimously (j) Report from the Clerk Treasurer regarding 1993 tax write-offs. CORPORATION OF THE TOWNSHIP OF BAYHAM ADMINISTRATION REPORT TO: Reeve and Members of Council DATE: January 18, 1994 FROM: Clerk Treasurer FILE: T1.6 SUBJECT: 1993 Tax Write Offs NUMBER: 9.A94 Background & Comments Pursuant to Section 442 of Municipal Act an owner of land may make application for the reduction, refund or cancellation of taxes levied against a property or business. This application is submitted to Council for consideration whether to reduce, refund or cancel any or all of the taxes. The list of 1993 applications is attached as Schedule "A". COUNCIL MEETING - 21 - February 3, 1994 When considering these applications it should be noted the following are the reasons taxes may be altered: a) Real property that has become exempt from taxation during the year or during the preceding year after the return of the assessment roll. b) In respect of a building that during the year or during the preceding year after the return of the assessment roll was raised by fire, demolition or otherwise or was damaged by fire, demolition or otherwise so as to render it substantially unusable for the purposes for which it was used immediately prior the damage. c) In respect of a mobile unit that was removed from the municipality during the year or during the preceding year after the return of the assessment roll. d) A person who is unable to pay taxes because of sickness or extreme poverty. e) A person who is overcharged by reason of any gross or manifest error is a clerical error, the transposition of figures, a typographical error, or a similar type of error, but not an error in judgement in making the assessment upon which the taxes have been levied. f) A person liable for business tax was not carried on business for the whole year, except where the business was intended to be or was capable of being carried on during a part of the year only, or was not carried on for a period of less than three months during the year by reason of repairs to or renovations of the premises in which the business was carried on. Recommendations: 1. That taxes in the amount of $1,667.31 be cancelled, refunded or reduced pursuant to Section 442 of the Municipal Act. Donald W. MacLeod Clerk Treasurer Moved by W. Casier Seconded by J. Hagell "THAT taxes in the amount of$1,667.31 be cancelled, refunded or reduced pursuant to Section 442 of the Municipal Act." Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) Ziggy Blondeel application for an amendment to the Township Zoning By-law concerning Part Lot 123, Concession S.T.R. Moved by W. Casier Seconded by J. Hagell "THAT the application of Ziggy Blondeel for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 123, Concession S.T.R. to Hamlet Residential to permit the creation of 5 lots be accepted and forwarded to the Township planning consultant for by-law preparation." Motion Carried Unanimously COUNCIL MEETING - 22 - February 3, 1994 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Report from Clerk Treasurer regarding Committee and Board appointments for 1994. (January 20, 1994) 13. OTHER BUSINESS No items. 14. BY-LAWS 94-8 A By-law to regulate, restrict and prohibit the keeping and the running at large of dogs in the Township of Bayham. 94-9 A By-law to repeal zoning by-law no. Z298/94. 94-10 Being a by-law to appoint Murray Wisson, Rick Garrett and Gerry Whitcroft as Fire Captains and Gary Zamecnik as a Fire Training Officer and to amend By-law 93-6 94-11 Confirming By-law Moved by J. Volkaert Seconded by W. Casier "THAT by-laws 94-8, 94-9 and 94-10 be taken as read a first and second time." Motion Carried Unanimously Moved by W. Casier Seconded by J. Hagell "THAT by-laws 94-8, 94-9 and 94-10 be taken as read a third time and finally passed." Motion Carried Unanimously Moved by J. Hagell Seconded by W. Casier "THAT by-law 94-11 be taken as read a first and second time." Motion Carried Unanimously Moved by D. Dennis Seconded by W. Casier "THAT by-law 94-11 be taken as read a third time and finally passed." Motion Carried Unanimously 15. ADJOURNMENT Moved by W. Casier Seconded by D. Dennis "THAT the Council Meeting be adjourned." Motion Carried Unanimously 16/(zil / REEVE CLERK COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDV]LLE, ONTARIO FEBRUARY 17, 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, February 17, 1994 in the Council Chambers. Present were Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors Wayne Casier, Jim Hagell, Doug Dennis 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 Reeve Chute made a disclosure of pecuniary interest and the general nature thereof with respect to item 11(a) of which was added to the list of business. Reeve Chute made this declaration and vacated the Council Chambers. 3. MINUTES (a) Minutes from the regular Council meeting held February 3, 1994. Moved by J. Volkaert Seconded by W. Casier "THAT the minutes of February 3, 1994 be adopted as circulated." Motion Carried Unanimously 4. DELEGATIONS (a) Gerard Vandendriessche regarding proposed severance at Part Lot 14, Concession 4. Mr. Vandendriessche appeared before Council to present a proposal to sever a lot at Part Lot 14, Concession 4. Mr. Vandendriessche advised Council he owned property on both sides of Bogus Sideroad and wished to sever a surplus farm dwelling on the west side and on the east side he proposed to create a retirement lot. He noted that he lived in Norfolk Township and would continue to live there, he did not intend to retire in Bayham Township. S. TENDERS No items. 6. ACCOUNTS (a) Accounts for the period ending February 10, 1994. Moved by J. Hagell Seconded by D. Dennis "THAT the accounts for the period ending February 10, 1994 be approved." Motion Carried Unanimously COUNCIL MEETING - 24 - February 17, 1994 7. PUBLIC MEETINGS Moved by W. Casier Seconded by D. Dennis "THAT the Council meeting be adjourned for the purposes of holding a public meeting pursuant to the provisions of the Planning Act." 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 public meeting was to receive public input regarding 3 applications for amendments to the Township Zoning By-law. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. APPLICATIONS (a) Katherine Fehr application for an amendment to the Township Zoning By-law to facilitate a severance for the development of a retirement dwelling concerning the North Part of Lot 7, Concession 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 Rural Residential (RR) to facilitate a severance for the development of a retirement dwelling. He also noted this was a re-application as the first meeting had an error in the map and the incorrect property owners were circulated. ii) Presentation By Applicant Mr. Pete Fehr, agent for the applicant, was present on behalf of the applicants but did not address Council. ii) Public Comments Mrs. Mary Paquette enquired as to how many units were being created and how the property was to be serviced. The Clerk advised her this proposal was to create one lot with a single family dwelling and that it would be serviced by a septic tank. No other member of the public appeared to comment on the proposal. Comments were received from Long Point Region Conservation Authority stating no objection. No other comments were received from any of the agencies or ministries circulated. iii) Council Questions and Discussions There were no comments or questions from Council. (b) Wayne and Mary Taylor application for an amendment to the Township Zoning By- law to facilitate the severance of lot to permit the development of a retirement dwelling, concerning Part Lot 121, 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 on the subject lands to Rural Residential (RR) to facilitate a severance for the development of a retirement dwelling. The Clerk noted this application was in response to an application to the County of Elgin Land Division Committee and that the map submitted was consistent with the proposal submitted at an COUNCIL MEETING - 25 - February 17, 1994 earlier on-site meeting held with Council and Mr. Taylor. ii) Presentation By Applicant Mr. Taylor was present but did not address Council. ii) Public Comments No member of the public appeared to comment on the proposal and no other comments were received from any of the agencies or ministries circulated. iii) Council Questions and Discussions There were no comments or questions from Council. (b) Elizabeth Barclay application for an amendment to the Township Zoning By-law to permit the establishment of an apartment dwelling unit in addition to the existing commercial use, concerning Part Lot 123, 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 to Hamlet Commercial Special to permit the establishment of an apartment dwelling unit in addition to the existing commercial use. ii) Presentation By Applicant Mr. Barclay was present but did not address Council. ii) Public Comments No member of the public appeared to comment on the proposal. The Clerk read correspondence from the Elgin - St. Thomas Health Unit which asked that Council defer a decision the proposal pending results of a percolation test to determine if the septic system has capacity to handle another apartment in addition to the existing uses. The Clerk added this was in response to the possibility of the applicant opening a coffee shop on the property. iii) Council Questions and Discussions Council instructed the Clerk to contact the Elgin - St. Thomas Health Unit on the applicant's behalf to determine if the apartment could commence without a percolation test. Moved by D. Dennis Seconded by J. Hagell "THAT the public meeting be adjourned." Motion Carried Unanimously 8. CORRESPONDENCE Moved by D. Dennis Seconded by J. Volkaert "THAT items 8(a), 8(b), 8(c), 8(d), 8(g), 8(h) be received and filed." Motion Carried Unanimously (a) Ontario Hydro Correspondence regarding extension of local electricity lines. (Received and Filed) COUNCIL MEETING - 26 - February 17, 1994 (h) Ministry Responsible for Native Affairs correspondence regarding resolution passed by the Township Onondaga concerning the purchase of land within a municipality by a native band. (Received and Filed) (c) Long Point Region Conservation Authority correspondence regarding remuneration paid to Bayham Township's representative. (Received and Filed) (d) Ministry of Transportation correspondence regarding MTO Municipal Rodeo. (Received and Filed) (e) Copy of correspondence from the Regional Municipality of Niagara to the Honourable Doug Young, Minister of Transportation regarding Great Lakes Shipping Industry. Moved by D. Dennis Seconded by J. Volkaert "THAT the resolution of the Regional Municipality of Niagara be endorsed." Motion Carried Unanimously (f) Town of Tillsonburg correspondence regarding Bill 120. Moved by J. Volkaert Seconded by W. Casier "THAT the resolution of the Town of Tillsonburg be endorsed and the Minister of Housing be advised the Council of the Township of Bayham strongly objects to amendments to the Planning Act contained, in Bill 120, that remove local decision making in respect of planning issues which can best be controlled at the local level." Motion Carried Unanimously (g) St. Thomas - Elgin Intergovernmental Co-operative Purchasing Association circulation of minutes of a meeting held Tuesday February 1, 1994. (Received and Filed) (h) Notice of Construction Lien with respect to Brown Sideroad watermain. (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Road Superintendent. No items to reports (b) Report from Cyril Demeyere regarding Highway #19 watermain. Cyril Demeyere presented a report to Council outlining the two alternatives chosen by Council. It was determined that proposal two was the preferred method and a public meeting should be arranged to review the report with the affected ratepayers. 10. REPORTS OF COUNCIL AND COMMITTEES Moved by J. Volkaert Seconded by W. Casier "THAT Council rise to enter into Committee of the Whole." Motion Carried Unanimously COUNCIL MEETING - 27 - February 17, 1994 Moved by D. Dennis Seconded by J. Hagell "THAT the Committee of the Whole rise and submit a report to Council with respect to a personnel matter." Motion Carried Unanimously Moved by W. Casier Seconded by J. Hagell "THAT the report from the Committee of the Whole be adopted; AND THAT a by-law be given three readings to appoint Ben Vandevyvere as the Transfer Site Operator." Motion Carried Unanimously 11. APPLICATIONS Moved by J. Volkaert Seconded by W. Casier "THAT items 11(a) and 11(b) be added to the list of business." Motion Carried Unanimously (a) An application submitted by Vane & Carol Chute for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 22, Concession 3. Moved by W. Casier Seconded by D. Dennis "THAT the application of Vane & Carol Chute for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 22, Concession 3 to Rural Residential to permit the creation of a farm help lot be accepted and forwarded to the Township planing consultant for a by-law preparation." Motion Lost Moved by J. Hagell Seconded by W. Casier "THAT the application be deferred pending confirmation the subject property meets the Minimum Separation Distance in the Agricultural Code of Practice." Motion Carried Unanimously (b) An application submitted by Emerson Tobacco Company Limited for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 21, Concession 1. Moved by J. Volkaert Seconded by W. Casier "THAT the application of Emerson Tobacco Company Limited for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 21, Concession I to Agricultural be accepted and forwarded to the Township planning consultant for by-law preparation." Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Report from Clerk Treasurer regarding Committee and Board appointments for 1994. (January 20, 1994) COUNCIL MEETING - 28 - February 17, 1994 13. OTHER BUSINESS No items. 14. BY-LAWS 94-12 A by-law to appoint Ben Vandevyvere as the Transfer Site Operator 94-13 A by-law to amend By-law No. 93-39 (Staff Remuneration By-law) Z300/94 A by-law to amend By-law 2387 (Katherine Fehr) Z301194 A by-law to amend By-law 2387 (Wayne Taylor) 94-14 Confirming By-law Moved by J. Volkaert Seconded by D. Dennis "THAT by-laws 94-12, 94-13, Z300/94 and Z301/94 be taken as read a first and second time." Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT by-laws 94-12, 94-13, Z300/94 and Z301/94 be taken as read a third time and finally passed." Motion Carried Unanimously Moved by J. Hagell Seconded by D. Dennis "THAT by-law 94-14 be taken as read a first and second time." Motion Carried Unanimously Moved by D. Dennis Seconded by W. Casier "THAT by-law 94-14 be taken as read a third time and finally passed." Motion Carried Unanimously 15. ADJOURNMENT Moved by D. Dennis Seconded by J. Hagell "THAT the Council Meeting be adjourned." Motion Carried Unanimously ikCff,/./ 1 REEVE CL COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO MARCH 3, 1994 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 3, 1994 in the Council Chambers. Present were Deputy Reeve Joe Volkaert Sr., Councillors Wayne Casier, Jim Hagell, Doug Dennis, Clerk Treasurer Donald W. MacLeod Road Superintendent James Gibbons and Chief Building Official Dwayne Daniel. 1. CALL TO ORDER In the absence of the Reeve, Deputy Reeve Volkaert assumed the chair and called the meeting to order at 9:00 a.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. MINUTES (a) Minutes from the regular Council meeting held February 17, 1994. Moved by J. Hagell Seconded by W. Casier "THAT the minutes of February 17, 1994 be adopted as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS None scheduled. 5. TENDERS No items. 6. ACCOUNTS (a) Accounts for the period ending February 28, 1994. Moved by D. Dennis Seconded by J. Hagell "THAT the accounts for the period ending February 28, 1994 be approved." Disposition: Motion Carried Unanimously 7. PUBLIC MEETINGS Moved by W. Casier Seconded by J. Hagell "THAT the Council meeting be adjourned for the purposes of holding a public meeting pursuant to the provisions of the Planning Act." COUNCIL MEETING - 30 - March 3, 1994 Disposition: Motion Carried Unanimously 1. CALL TO ORDER Deputy Reeve Volkaert called the meeting to order at 9:00 a.m. and advised Council the purpose of the public meeting was to receive public input regarding an application for amendment to the Township Zoning By-law submitted by Blondeel Nursery Inc. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. APPLICATIONS (a) Blondeel Nursery Inc.application for an amendment to the Township Zoning By-law to facilitate the severance of 5 hamlet residential building lots concerning the North Part of Lot 123, 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 on the subject lands to Hamlet Residential (HR) to facilitate the severance of 5 residential building lots. He noted the subject lands are designated Hamlet in the Official Plan and therefore an Official Plan Amendment is not necessary. The Clerk also reported to Council a 20.11 (66 feet) strip of land separates this proposal and the previous rezoning to the east of the subject lands. This was left due to the possibility of future development of the remainder of Lot 123. ii) Presentation By Applicant Mr. Jack Petrie, agent for the applicant, was present on behalf of the applicant but did not address Council. ii) Public Comments No member of the public appeared to comment on the proposal. No comments were received from any of the agencies or ministries circulated except for the Elgin - St. Thomas Health Unit which stated they had no objection subject to the applicant obtaining a favourable soil percolation test. iii) Council Questions and Discussions There were no comments or questions from Council. 4. ADJOURNMENT Moved by W. Cagier Seconded by D. Dennis "THAT the public meeting be adjourned." Disposition: Motion Carried Unanimously 8. CORRESPONDENCE (a) Minister of Natural Resources correspondence regarding application to purchase trees. (Received and Filed) COUNCIL MEETING - 31 - March 3, 1994 (b) Long Point Region Conservation Authority circulation of minutes of a meeting held January 5, 1994. (Received an.d Filed) (c) Village of Port Stanley correspondence requesting support of a resolution concerning 0% increase in 1994 budgets. Moved by W. Casier Seconded by J. Hagell "THAT the resolution of the Village of Port Stanley be endorsed." Disposition: Motion Carried Unanimously (d) Township of West Carleton correspondence requesting support of a resolution concerning Bill 77 and the removal of mayors from the Ottawa-Carleton Regional Government. Moved by D. Dennis Seconded by J. Hagell "THAT the resolution of the 'township of West Carleton be endorsed." Disposition: Motion Carried Unanimously (e) Township of Malahide notice of the passing of a zoning by-law concerning Part Lot 15, Concession 4. (Received and Filed) (1) Town of Aylmer Parks and Recreation Board request for financial assistance. Moved by J. Hagell Seconded by D. Dennis "THAT the request of the Town of Aylmer Parks and Recreation Board for financial assistance be deferred to 1994 budget deliberations." Disposition: Motion Carried Unanimously (g) Recycling Council of Ontario correspondence regarding User Fees for Municipal Waste Management Services Workshop. (Received and Filed) (h) Ministry of Municipal Affairs correspondence regarding 1994 unconditional grants. Moved by D. Dennis Seconded by W. Casier "WHEREAS the province of Ontario reduced the Township of Bayham's 1993 unconditional grant by 13.5%©; AND WHEREAS the Minister of Municipal Affairs is reviewing the unconditional grants program in light of the recent federal budget that unduly burdens the Province of Ontario; AND WHEREAS the propensity of the NDP government has been to reduce grants, both conditional and unconditional, to municipalities. THEREFORE BE IT RESOLVED the Council of the Township of Bayham urges the Minister of Municipal Affairs to act fairly in not further reducing grants to municipalities already burdened by reduced grants. Disposition: Motion Carried Unanimously COUNCIL MEETING - 32 - March 3, 1994 (i) Spriet Associates correspondence regarding proposed bridge replacement on Oxford Street in Tillsonburg. Moved by W. Casier Seconded by J. Hagell "THAT the Town of Tillsonburg be advised the Township of Bayham has no objection to the proposed bridge replacement on Oxford Street. Disposition: Motion Carried Unanimously (j) Calton Cemetery Board request for financial assistance. Moved by W. Casier Seconded by D. Dennis "THAT a donation of $300.00 be made to the Calton Cemetery Board." Disposition: Motion Carried Unanimously (k) Tillsonburg & District Multi-Service Centre request for financial assistance. Moved by W. Casier Seconded by J. Hagell "THAT the request of the Tillsonburg & District Multi-Service Centre for financial assistance be deferred to 1994 budget deliberations." Disposition; Motion Carried Unanimously (1) Government of Canada correspondence regarding 1994 Student Employment/Experience Development (SEED) Program. Moved by J. Hagell Seconded by W. Casier "THAT the Clerk be authorized to make application for the employment of a summer student through the Government of Canada 1994 Student Employment/Experience Development (SEED) Program." Disposition: Motion Carried Unanimously 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Road Superintendent. (10:00 a.m.) Road Superintendent James Gibbons was present to inform Council of Road Department activities for the period ending February 28, 1994. Mr. Gibbons advised Council all half-load signs were now posted. Mr. Gibbons expressed concern over the extended use of the Township's front end loader by the County of Elgin. He noted the current rate charged by the Township was not adequate to cover maintenance of the loader. (b) Report from Clerk Treasurer to Committee of the Whole regarding a property matter. Moved by W. Casier Seconded by J. Hagell "THAT Council rise to enter into Committee of the Whole." disposition: Motion Carried Unanimously COUNCIL MEETING - 33 - March 3, 1994 Moved by D. Dennis Seconded by J. Hagen "THAT the Committee of the Whole rise without reporting." Disposition: Motion Carried Unanimously (c) Report from Clerk Treasurer regarding Malahide/Bayham Townline Road. CORPORATION OF THE TOWNSHIP OF BAYHAM ADMINISTRATION REPORT TO: Reeve and Members of Council DATE: February 28, 1994 FROM: Clerk Treasurer FILE: P.R.2.1.3 SUBJECT: MalahidelBayham Townline Road NUMBER: 16.a94 Background & Comments As Council is aware two small parcels of land were purchased on the Malahide/Bayham Townline as part of the reconstruction project. This was necessary to allow a working corridor around a new culvert installation. It is now required that a by-law be passed assuming the parcels of land into the Township road system. Recommendations 1. That Council pass a by-law to assume Part 3 and Part 4 on Reference Plan 11R-5342 as part of the Township road system. Donald W. MacLeod Clerk Treasurer Moved by W. Casier Seconded by D. Dennis "THAT a by-law be given three readings to assume Part 3 and Part 4 on Reference Plan 11R-5342 as part of the Township road system." Disposition: Motion Carried Unanimously 9(d) Report from Chief Building Official regarding building permits issued for the period ending February 28, 1994. Moved by D. Dennis Seconded by J. Hagell "THAT the building permits for the period ending February 28, 1994 be approved." Disposition: Motion Carried Unanimously COUNCIL MEETING - 34 - March 3, 1994 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS No items. 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) An application submitted by Vane & Carol Chute for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 22, Concession 3. Moved by W. Casier Seconded by J. Hagell "THAT the application of Vane & Carol Chute for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 21, Concession 3 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 subject to confirmation from the Ministry of Agriculture and Food the application complies with the Agriculture Code of Practice." Disposition: Motion Carried Unanimously (b) Elizabeth Barclay application for an amendment to the Township Zoning By-law to permit the establishment of an apartment dwelling unit in addition to the existing commercial use, concerning Part Lot 123, Concession N.T.R. Moved by D. Dennis Seconded by J. Hagell "THAT the application of Elizabeth Barclay for an amendment to the Township of Bayham Zoning By-law to change the zoning on Part Lot 123, Concession N.T.R. to Hamlet Commercial Special be accepted and be forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously 13. OTHER BUSINESS No items. 14. BY-LAWS 94-15 A by-law to assume Part 3 and Part 4 of Reference Plan 11R-5342 as part of a public highway. Z299/94 A by-law to amend By-law 2387 (Elizabeth Barclay) 2302194 A by-law to amend By-law 2387 (Blondeel Nursery Inc.) 94-16 Confirming By-law. COUNCIL MFETING - 35 - March 3, 1994 Moved by J. Hagell Seconded by W. Casier "THAT by-laws 94-15, Z299/94 and Z302/94 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Hagell "THAT by-laws 94-15, Z299/94 and Z302194 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by D. Dennis Seconded by J. Hagell "THAT by-law 93-16 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Hagell "THAT by-law 93-16 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by W. Casier Seconded by D. Dennis "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously EPUTY REEVE CLERK COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO MARCH 17, 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, March 17, 1994 in the Council Chambers. Present were Reeve Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors Wayne Casier, Jim Hagell, Doug Dennis, 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 AND THE GENERAL NATURE THEREOF In accordance with Section 5(3) of the Municipal Conflict of Interest Act Reeve Chute made a disclosure of pecuniary interest and the general nature thereof with respect to Agenda item 12(a) at the March 3, 1994. Reeve Chute was absent from this meeting. 3. MINUTES (a) Minutes from the regular Council meeting held March 3, 1994. Moved by J. Volkaert Seconded by W. Casier "THAT the minutes of March 3, 1994 be adopted as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 8:00 p.m. - George and Linda Chanyi regarding building lot on Shady Lane. (See attached report) Mr. & Mrs. Chanyi did not attend the meeting. (b) 8:30 p.m. - Mike Zavitz regarding road conditions on the road allowance between Concessions 1 & 2 east of the intersection of County Road 42 and Brown Sideroad. Mr. Mike Zavitz appeared before Council to request repairs to the road allowance between Concessions 1 & 2 east of the intersection of County Road 42 and Brown Sideroad. He advised Council the road is in very poor condition and there is no gravel whatsoever. Reeve Chute concurred with Mr. Zavitz as he and the Road Superintendent had examined the road. Deputy Reeve Volkaert suggested the Road Superintendent monitor the situation and if necessary supply several loads of gravel. The other members of Council supported this course of action. 5. TENDERS No items. COUNCIL MINUTES - 37 - March 17, 1994 6. ACCOUNTS (a) Accounts for the period ending March 14, 1994. Moved by D. Dennis Seconded by J. Hagell "THAT the accounts for the period ending March 14, 1994 be approved." Disposition: Motion Carried Unanimously 7. PUBLIC MEETINGS Moved by D. Dennis Seconded by J. Hagell "THAT the Council 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 7:35 p.m. and advised Council the purpose of the public meeting was to receive public input regarding an application for amendment to the Township Zoning By-law submitted by Emerson Tobacco Ltd. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. APPLICATIONS (a) An application submitted by Emerson Tobacco Company Limited for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 21, Concession 1 from Extractive Industrial (M3) to Special Agricultural (A1-51). 1) 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 Agricultural (A1-51) to permit an agricultural use on a rehabilitated sand pit. ii) Presentation By Applicant Mr. K.C. Emerson was present on behalf of Emerson Tobacco Ltd. u) Public Comments No member of the public appeared to comment on the proposal. Comments were received from the Ministry of Natural Resources stating they had no objection to the application. No comments were received from any of the agencies or ministries circulated other than MNR. iii) Council Questions and Discussions In reply to Reeve Chute's question, Mr. Emerson answered that all measures of rehabilitation required by the Ministry of Natural Resources were complete except for establishment of a grass cover. Mr. Emerson advised Council this would be completed as soon as weather permitted. COUNCIL MINUTES - 38 - March 17, 1994 4. ADJOURNMENT Moved by W. Casier Seconded by J. Hagell "THAT the public meeting be adjourned." Disposition: Motion Carried Unanimously 8. CORRESPONDENCE Moved by J. Hagell Seconded by W. Casier "THAT items 8(a), 8(c) and 8(f) be received and filed." Disposition: Motion Carried Unanimously (a) Long Point Region Conservation Authority correspondence regarding 1994 budget and general levy and 1993 financial statements. (Received and Filed) (b) County of Elgin Land Division Committee notice of a public meeting regarding consent application E15/94 submitted by Wade and Julia Spitzke concerning Part Lots 129 & 130, Concession N.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 E15/94 subject to the following conditions: 1. The applicant make a $500.00 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 (c) Copy of correspondence from Cumming Cockburn Ltd. to the Ministry of Municipal Affairs regarding Official Plan Amendment No. 94 (Cowan). (Received and Filed) (d) Copy of correspondence from Cumming Cockburn Ltd. to the Ministry of Municipal Affairs regarding Consultation Paper: A new Approach to Land Use Planning. Moved by J. Volkaert Seconded by W. Casier "THAT the Minister of Municipal Affairs be advised the Council of the Township of Bayham concurs with Gary Blazak's comment regarding the Consultation Paper: A new Approach to Land Use Planning. Disposition: Motion Carried Unanimously COUNCIL MINUTES - 39 - March 17, 1994 (e) Copy of correspondence from the Village of Port Burwell to the Village of Vienna concerning pollution of Big Otter Creek and the beaches of Port Burwell. Moved by J. Volkaert Seconded by W. Casier "THAT the resolution of the Village of Port Burwell be endorsed save except clause two in operative clause. Disposition: Motion Carried Unanimously (f) Green Lane Environmental Group Ltd. correspondence regarding Joint Steering Committee on Waste Management. (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS Moved by W. Casier Seconded by D. Dennis "THAT Reports 9(f) and 9(g) be added to the list of business." Disposition; Motion Carried Unanimously (a) Report from Road Superintendent. (8:15 p.m.) Road Superintendent James Gibbons was present to inform Council of Road Department activities for the period ending March 16, 1994. Mr. Gibbons advised Council grading would commence once frost had left the ground. Presently the road crew were trimming brush on the 3rd Concession and other roads in the area. Mr. Gibbons expressed concern over a large Ontario Hydro bill for the Garage. After contacting Ontario Hydro it was determined $300 - $400 of the bill were attributable to the County of Elgin's block heaters. Council instructed the Clerk to contact the County to try and resolve the issue. (b) Report from Clerk Treasurer regarding 1994 requests for financial assistance. Moved by W. Casier Seconded by D. Dennis "THAT grants and donations in the amount of $1,900.00 be approved." Disposition: Motion Carried Unanimously (c) Report from Clerk Treasurer regarding adoption of 1994 Township Budget. Moved by J. Volkaert Seconded by W. Casier "THAT Budget Draft #2 dated March 11, 1994 is hereby adopted, as the provisional Township of Bayham 1994 Budget." Disposition: Motion Carried Unanimously (d) Report from Clerk Treasurer regarding waste management collection and disposal agreement. COUNCIL MINUTES - 40 - March 17, 1994 Moved by J. Volkaert Seconded by W. Casier "THAT the report be received and filed." (e) Report from Cumming Cockburn Ltd. regarding Long Point Region Conservation Authority proposed Fill Line Regulations. Moved by J. Hagell Seconded by D. Dennis "THAT the report be deferred." (f) Report from Clerk Treasurer regarding planning enquiries. Moved by W. Casier Seconded by D. Dennis "THAT the report be received and filed." Disposition: Motion Carried Unanimously (g) Report from Clerk Treasurer regarding Committee of Adjustment. CORPORATION OF THE TOWNSHIP OF BAYHAM ADMINISTRATION REPORT TO: Reeve and Members of Council DATE: March 16, 1994 FROM: Clerk Treasurer FILE: P.C.1.1 SUBJECT: Committee of Adjustment IN UMBER: 23.A94 Background & Comments As instructed by Council an advertisement was placed in the Tillsonburg News and the Aylmer Express to fill three vacancies on the Committee of Adjustment. In response to the ads three applications were received; Rose Laemers, Ron Chatten and Lewis Acre. If Council is in agreement that these applicants are qualified to serve on the Committee of Adjustment a by-law may be passed under Section 44(1) of the Planning Act. The present by-law, that was passed in 1994, appointed the current members of Council to serve on the Committee until the end this current term of office. If Council appoints new members there term of office must coincide with the term of office of the Council that appointed them. Recommendations: 1. For Council's consideration. Donald W. MacLeod Clerk Treasurer COUNCIL MINUTES - 41 - March 17, 1994 Moved by J. Hagell Seconded by D. Dennis "THAT a by-law be given three readings to appoint Lewis Acre, Ron Chatten, Rose Laemers, Wayne Casier and Joe Volkaert to the Township of Bayham Committee of Adjustment." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS No items. 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Report from Clerk Treasurer regarding Committee and Board appointments for 1994. (January 20, 1994) 13. OTHER BUSINESS No items. 14. BY-LAWS Z303/94 A by-law to amend By-law 2387 (Emerson Tobacco Company Ltd.) 94-17 A by-law to appoint a Committee of Adjustment and to repeal By-law No. 94-3. 94-18 Confirming By-law Moved by D. Dennis Seconded by W. Casier "THAT by-laws 94-17 and Z303/94 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 94-18 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by D. Dennis "THAT by-law 94-18 be taken as read a third time and finally passed." COUNCIL MINUTES - 42 - March 17, 1994 Moved by W. Casier Seconded by D. Dennis "THAT by-laws 94-17 and Z303/94 be taken as read a first and second time." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by W. Casier Seconded by J. Hagell "THAT the Council Meeting be adjourned." Disposition:Motion Carried Unanimously y . I l r1 ✓ REEVE CLERK COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO MARCH 31, 1994 12:00 P.M. A special meeting of the Council of the Township of Bayham was held at 12:00 p.m. on Thursday, March 31, 1994 at the Bayham Community Centre. Present were Reeve Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors Wayne Casier and Jim Hagell Clerk Treasurer Donald W. MacLeod. 1. CALL TO ORDER Reeve Chute called the special meeting to order at 12:00 p.m. and advised all present the of the meeting was to meet with Mr. Bryce Sibbick from Frank Cowan Insurance Company Ltd. to review the Township's 1994 insurance package. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. DEPUTATIONS (a) Frank Cowan Company Limited presentation of Township Comprehensive Insurance Program. Mr. Bryce Sibbick of Frank Cowan Company Limited and Mr. Gerry Taylor of Taylor & Allin Insurance Brokers appeared before Council to present the proposed Comprehensive Insurance Program. Mr. Sibbick noted the overall annual cost was approximately $1,313.00 greater than in 1993. Mr. Sibbick informed Council this increase was due to increased municipal liability insurance. Mr. Sibbick noted the courts have awarded large settlements against municipalities in several recent court cases. Moved by W. Casier Seconded by I. Volkaert "THAT the quote of Frank Cowan Company Limited for a Comprehensive Insurance Program for the Township of Bayham be accepted." Disposition: Motion Carried Unanimously 4. ADJOURNMENT Moved by W. Casier Seconded by J. Hagell "THAT the special Council Meeting be adjourned." Disnosition:Motion Carried Unanimously f)01 . / REEVE CLERK COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO APRIL 7, 1994 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 7, 1994 in the Council Chambers. Present were Reeve Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors Wayne Casier, Jim Hagell and Clerk Treasurer Donald W. MacLeod. Chief Building Official Dwayne Daniel and Road Superintendent James Gibbons were present for part of the meeting. 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 noted a disclosure of pecuniary interest and the general nature thereof with respect to item 9(b). 3. MINUTES (a) Minutes from the regular Council meeting held March 17, 1994. (b) Minutes from the special Council meeting held March 31, 1994. Moved by J. Volkaert Seconded by W. Casier "THAT the minutes of March 17 and March 31, 1994 be adopted as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 10:00 a.m. - Peggy Hicks and Barbara Vanderpass regarding agenda item 11(a). Mrs. Peggy Hicks and Mr. Dan Vaicke appeared before Council regarding an application to amend the Official and Zoning By-law concerning Lot 114, Concession 6. Mrs Hicks advised Council it was her intention to build a seasonal dwelling on the severed parcel. In reply to Reeve Chute's question Mrs. Hicks replied she was not interested in having the road maintained on a year round basis. The Clerk advised Council that in order to obtain a severance a property must have frontage on a road having year round maintenance. Council informed Mrs. Hicks the application would be deferred until after a site visit had been conducted. 5. TENDERS No items. 6. ACCOUNTS (a) Accounts for the period ending April 5, 1994. COUNCIL MINUTES - 45 - April 7, 1994 Moved by J. Hagell Seconded by W. Casier "THAT the accounts for the period ending April 5, 1994 be approved." Disposition: Motion Carried Unanimously 7. PUBLIC MEETINGS No meetings scheduled. 8. CORRESPONDENCE Moved by J. Volkaert Seconded by W. Casier "THAT item 8(1) be added to the list of business." Disposition: Motion Carried Unanimously Moved by J. Hagell Seconded by W. Casier "THAT items 8(a), 8(d), 8(e), 8(j), 8(k) and 8(1) be received and filed." Disposition: Motion Carried Unanimously (a) Minutes of a meeting held on January 19, 1994 with East Elgin municipalities concerning joint servicing. (Received and Filed) (b) Township of Norfolk correspondence regarding proposed drainage works initiated by Norfolk that will affect Bayham Township. Moved by W. Casier Seconded by J. Volkaert "THAT the Township of Norfolk be advised the Township of Bayham has no objection to the proposed drainage works." Disposition: Motion Carried Unanimously (c) Straffordville Lions Club request for municipal approvalfor a Special Occasion Permit at the Bayham Community Centre on July 8, 9 and 10, 1994. Moved by J. Volkaert Seconded by W. Casier "THAT the Council of the Township of Bayham has no objection to the issuance of a Special Occasion Permit to the Straffordville Lions Club at the Bayham Community Centre on July 8, 9 and 10, 1994." Disposition: Motion Carried Unanimously (d) Canada Mortgage and Housing Corporation correspondence regarding Rural and Native Housing Program. (Received and Filed) COUNCIL MINUTES - 46 - April 7, 1994 (e) Township of Malahide notice of the passing of a zoning by-law concerning Part Lot 20, Concession 5. (Received and Filed) (f) Township of Bayham Volunteer Fire Department request to hold a yard sale at the Municipal Office on May 28, 1994. Moved by J. Volkaert Seconded by J. Hagell "THAT the Volunteer Fire Department be advised the Council of the Township of Bayham has no objection to a yard sale being held at the Municipal Office on May 28, 1994." Disposition: Motion Carried Unanimously (g) County of Elgin correspondence regarding Core Certification of Joint Health and Safety Committees training program. Moved by W. Casier Seconded by J. Hagell "THAT the correspondence be deferred." Disposition: Motion Carried Unanimously (h) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E34/94 submitted by Detown Investments Inc. concerning Part Lots 117 & 118, Concession S.T.R. 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 #E34/94 subject to the applicant making a $500.00 cash payment in lieu of parkland dedication." Disposition: Motion Carried Unanimously (i) Passmore Electric correspondence regarding light standard repairs at Straffordville and Richmond baseball diamonds. Moved by W. Casier Seconded by J. Hagell "THAT Passmore Electric for the repair of light standards at Straffordville and Richmond ball diamonds on a time and material basis be contracted to carry out repairs." Disposition: Motion Carried (j) Village of Vienna correspondence regarding Highway 19 watermain extension. (Received and Filed) (k) Copy of correspondence from the Village of Vienna to the Village of Port Burwell concerning sewage related pollution of Big Otter Creek.(Received and Filed) COUNCIL MINUTES - 47 - April 7, 1994 (1) Green Lane Environmental Group Ltd. correspondence regarding 1994 Waste Management Agreement. (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Road Superintendent. (10:00 a.m.) Road Superintendent James Gibbons was present to inform Council of Road Department activities for the period ending April 6, 1994. Mr. Gibbons advised Council brush cutting had commenced on the Bogus and Hendricks Sideroads. Spot gravelling on washouts and rough roads was also under way. In reply to Deputy Reeve Volkaert's question Mr. Gibbons noted that most of the bumps on the 2nd Concession were frost heaves and should disappear once warmer weather arrives. (b) Report from Chief Building Official regarding building permits issued for the month of March. Moved by J. Volkaert Seconded by J. Hagell "THAT the building permits for the month of March, 1994 be approved." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) Peggy Hicks/Barbara Vanderpass application for an amendment to the Township Official Plan and Zoning By-law concerning Lot 114, Concession 6. Moved by J. Volkaert Seconded by W. Casier "THAT the application of Peggy Hicks and Barbara Vanderpass be deferred pending a site inspection." Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Report from Cumming Cockburn Ltd. regarding Long Point Region Conservation Authority proposed Fill Line Regulations. (March 17, 1994) 13. OTHER BUSINESS 14. BY-LAWS 94-19 A by-law to amend the By-law 93-39 (Staff Remuneration By-law) 94-20 Confirming By-law COUNCIL MINUTES - 48 - April 7, 1994 Moved by J. Volkaert Seconded by W. Casier "THAT by-law 94-19 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT by-law 94-19 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 94-20 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier "THAT by-law 94-20 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 Council Meeting be adjourned." Disposition: Motion Carried Unanimously &NI REEVE CLERK COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO APRIL 21, 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, April 21, 1994 in the Council Chambers. Present were Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councilors Wayne Casier, Doug Dennis, Jim Hagell 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 April 7, 1994. Moved by J. Volkaert Seconded by W. Casier "THAT the minutes of April 7, 1994 be adopted as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 8:30 p.m. -Jack Barclay representing Straffordville Lions Club regarding several issues. Mr. Jack Barclay and Mr. Mitro Docheff from the Straffordville Lions Club appeared before Council to request permission to erect a 40' x 60' open air picnic pavilion to the west of the playground equipment. Mr. Docheff also requested permission to erect new Lions Club signs east and west on County Road 38. Council advised Mr. Docheff to contact the County of Elgin to obtain permission for erecting the signs on County Road 38. Deputy Reeve Volkaert informed Mr. Barclay and Mr. Docheff the Township was exploring options to locate an outdoor ice surface at the Community Centre and that this proposal could be linked with the picnic pavilion. It was agreed the Lions Club would respond to the Township's proposal. 5. TENDERS No items. 6. ACCOUNTS (a) Accounts for the period ending April 18, 1994. Moved by W. Casier Seconded by D. Dennis "THAT the accounts for the period ending April 19, 1994 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 50 - April 21, 1994 7. PUBLIC MEETINGS No meetings scheduled. 8. CORRESPONDENCE Moved by W. Casier Seconded by J. Volkaert "THAT items 8(k) and 8(1) be added to the list of business." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by D. Dennis "THAT items 8(a), 8(b), 8(d), 8(e), 8(g), 8(h) and 8(k) be received and filed." Disposition: Motion Carried Unanimously (a) Minister of Municipal Affairs reply to Township's letter concerning unconditional grants. (Received and Filed) (b) Minister of Housing correspondence regarding approval of the Township of Bayham Municipal Housing Statement. (Received and Filed) (c) Ministry of Transportation correspondence regarding applications for supplementary allocations. Moved by D. Dennis Seconded by J. Hagell "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$200,000.00 to be spent as follows and in accordance with The Public Transportation and Highway Improvement Act. 1. Purchase of a new road grader. 2. Rehabilitation of the bridge on the Road Allowance between Lots 25 and in Concession 2 (Bartlett Bridge). Disposition: Motion Carried Unanimously (d) County of Elgin correspondence regarding 1994 County Budget. (Received and Filed) (e) Cyril J. Demeyere Ltd. correspondence regarding water quality study for Straffordville and Eden. (Received and Filed) (f) Minister of Agriculture and Food correspondence regarding Arbour Week. (Received and Filed) COUNCIL MINUTES - 51 - April 21, 1994 (g) Ontario Forestry Association correspondence regarding 1994 membership. (Received and Filed) (h) Long Point Region Conservation Authority circulation of minutes from annual meeting held February 25, 1994. (Received and Filed) (i) City of Mississauga correspondence requesting endorsement of a resolution concerning Bill 120 - Basement Apartments. Moved by W. Casier Seconded by J. Hagell "THAT the resolution of the City of Mississauga be endorsed and that the Minister of Housing be so advised." Disposition: Motion Carried Unanimously (j) Richmond Community Water Inc. correspondence regarding Richmond water system. Moved by D. Dennis Seconded by J. Hagell "THAT the correspondence be deferred pending a meeting with a delegation from Richmond Community Water Inc. Disposition: Motion Carried Unanimously (1) Association of Municipalities of Ontario correspondence regarding proposed reduction in 1994 municipal road grants. Moved by J. Volkaert Seconded by J. Hagell "THAT the Minister of Finance, the Minister of Transportation, the Minister of Municipal Affairs and Peter North, M.P.P., Elgin be advised the Council of the Township of Bayham strenuously objects to any reduction in municipal road grants." Disposition: Motion Carried Unanimously 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Clerk Treasurer regarding Wade & Julia Spitzke. Moved by W. Casier Seconded by D. Dennis "THAT a by-law be given three readings to authorize the Reeve and Clerk to execute an agreement to permit the encroachment of a barn located on Lot 129, Concession North of Talbot Road that encroaches over the Road Allowance between Lot 128 and Lot 129 in Concession North of Talbot Road." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 52 - April 21, 1994 (b) Report from Clerk Treasurer regarding Highway 19 watermain. Moved by T. Volkaert Seconded by W. Casier "THAT the Clerk Treasurer be authorized to submit an application under the Canada/Ontario Infrastructure Works program for construction of the Highway 19 watermain." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) Michele Szorenyi application for an amendment to the Township Zoning By-law concerning Part Lot 124, Concession N.T.R. Moved by D. Dennis Seconded by T. Volkaert "THAT the application of Michele Szorenyi for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 124, Concession N.T.R. to Hamlet Residential to permit the creation of 5 lots be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) 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) 13. OTHER BUSINESS 14. BY-LAWS 94-21 A by-law to authorize the Reeve and Clerk to execute an agreement to permit the encroachment of a barn over the Road Allowance between Lots 128 and 129, Concession North Talbot Road and to fix a fee for such privilege. 94-22 Confirming By-law Moved by T. Volkaert Seconded by D. Dennis "THAT by-law 94-21 be taken as read a first and second time." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 53 - April 21, 1994 Moved by W. Casier Seconded by D. Dennis "THAT by-law 94-21 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 94-22 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by D. Dennis Seconded by W. Cagier "THAT by-law 94-22 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by W. Casier Seconded by J. Hagell "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously /00/1/tA14,2/ REEVE CLERK COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVITJ.E, ONTARIO MAY 11, 1994 8:00 A.M. A special meeting of the Council of the Township of Bayham was held at 8:00 a.m. on Wednesday, May 11, 1994 in the Council Chambers. Present were Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councilors Wayne Casier, Doug Dennis, Jim Hagell and Clerk Treasurer Donald W. MacLeod. 1. CALL TO ORDER In accordance with Section 58 of the Municipal Act Reeve Chute asked for a resolution to call the special meeting to order. Moved by D. Dennis Seconded by J. Hagell "THAT pursuant to Section 58 of the Municipal Act the special meeting of the Council of the Township of Bayham be called to order." Disposition: Motion Carried Unanimously Reeve Chute advised Council the purpose of the meeting was to consider two items of correspondence deferred from the May 5, 1994 regular meeting of Council. Both items pertained to applications to the County of Elgin Land Division Committee submitted by De Cloet Ltd. 2. UNFINISHED BUSINESS (a) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E37194 submitted by De Cloet Ltd. concerning Part Lots 22 & 23, Concession 9. 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 does not recommend approval of application #E37194 as the application does not conform to the provisions of the Township Official Plan and Zoning By-law." Disposition: Motion Carried Unanimously (b) 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. 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 #E38/94 subject to the applicant making a cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 63 - May 11, 1994 3., ADJOURNMENT Moved by D. Dennis Seconded by J. Hagell "THAT the special meeting of Council be adjourned." Disposition: Motion Carried Unanimously AP ea')7 Zail REEVE CLERK COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDYLLLE, ONTARIO MAY 19, 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, May 19, 1994 in the Council Chambers. Present were Reeve D. Vane Chute, Deputy Reeve Joe Volkaert 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 7:30 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 3. MINUTES (a) Minutes from the regular Councilmeeting held May 5, 1994. Moved by W. Casier Seconded by J. Volkaert "THAT the minutes of May 5, 1994 be adopted as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:30 p.m. - Canada Mortgage and housing Company (CMHC) representatives, Wendy Bilyea and Pat O'Hare regarding housing programs offered by CMHC. Wendy Bilyea and Pat O'Hare from CMHC were present to inform Council on the status housing programs offered by CMHC. Ms. O'Hare informed Council the Rural and Native Housing Program was no longer accepting new clients but would only service existing properties. In reply to Deputy Reeve Volkaert's question Ms. O'Hare noted that the program is not only for unemployed persons but for anyone meeting the criteria under the Core Housing Need. This formula takes into account many factors including the number of bedrooms required by a family. Ms. Bilyea advised Council that inspections were made weekly of all properties in the RNA portfolio. 5. TENDERS No items. 6. ACCOUNTS (a) Accounts for the period ending May 13, 1994. Moved by D. Dennis Seconded by J. Hagell "THAT the accounts for the period ending May 13, 1994 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 65 - May 19, 1994 7. PUBLIC MEETINGS No Meetings scheduled. 8. CORRESPONDENCE Moved by D. Dennis Seconded by J. Hagell "THAT items 8(a), 8(b), 8(c), 8(d), 8(g), 8(h), 8(j) and 8(k) be received an filed." Disposition: Motion Carried Unanimously (a) Ministry of Agricultural, Food and Rural Affairs correspondence regarding 1994 Drain Maintenance/Superintendent grant allocation. (Received and Filed) (b) County of Elgin correspondence regarding resolution passed by the City of Chatham with respect to Lap Dancing. (Received and Filed) (c) Long Point Region Conservation Authority circulation of minutes of a meeting held April 6, 1994. (Received and Filed) (d) Elgin County Board of Education correspondence regarding 1994 school board mill rates/municipal requirements. (Received and Filed) (e) Richmond Minor Baseball Association request for financial assistance. (Received and Filed) (f) Straffordville-Eden Public School correspondence regarding use of Bayham Community Centre on May 25 for annual Track and Field Day. Moved by J. Volkaert Seconded by W. Casier "THAT Straffordville - Eden Public School be advised the Council of the Township of Bayham has no objection to the use of Bayham Community Centre on May 25, 1994." Disposition: Motion Carried Unanimously (g) Association of Municipalities of Ontario correspondence regarding proposed changes to AMO's structure. (Received and Filed) (h) Association of Municipalities of Ontario update on conflict of interest legislation. (Received and Filed) (i) Association of Municipalities of Ontario update on gross receipts tax. Moved by J. Hagell Seconded by D. Dennis COUNCIL MINUTES - 66 - May 19, 1994 "THAT the Minister of Finance, the Minister of Municipal Affairs and the Minister of Economic Development be advised the Council of the Township of Bayham supports fully the concept of retaining the gross receipts tax as a municipal tax and that this tax should be applied to others in the telecommunications industry." Disposition: Motion Carried Unanimously (j) Township of Barrie request for support of a resolution concerning lot licensing/permit fees for trailer units located in campgrounds. (Received and Filed) (k) Recycling Council of Ontario request to have the week of October 17 23 declared as waste reduction week. (Received and Filed) (1) Double D Farms Ltd. correspondence regarding the closure of the Road Allowance between Lots 118 & 119, Concession N.T.R. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be deferred." Disposition: Motion Carried Unanimously 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Clerk Treasurer regarding cash in lieu of parkland dedication policy. Moved by J. Volkaert Seconded by W. Casier "THAT the report be received and filed." Disposition; Motion Carried Unanimously (b) Memorandum from Chief Building Official regarding building permits issued for the period from January 1, 1994 to May 13, 1994. Moved by J. Hagell Seconded by D. Dennis "THAT the memorandum be received and filed." Disposition: Motion Carried Unanimously (c) Report from Clerk Treasurer regarding closure of the Road Allowance between Lots 20 & 21, Concession 9. Moved by W. Casier Seconded by J. Bagel "THAT the Clerk be instructed to initiate procedures to stop up, close and sell the Road Allowance between Lot 20 and Lot 21, Concession 9, and designated as Parts 1, 2, 3 and 4 on Reference Plan 11R-2031." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 67 - May 19, 1994 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) Kiwanis Club of Rodney application to manage and conduct a Nevada Ticket Lottery at Busy Bee Variety in Calton. Moved by W. Casier Seconded by J. Volkaert "THAT the application of the Kiwanis Club of Rodney to manage and conduct a Nevada Ticket Lottery at Busy Bee Variety in Calton be refused." Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS No items. 13. OTHER BUSINESS No items. 14. BY-LAWS 94-24 Confirming By-law Moved by J. Volkaert Seconded by W. Casier "THAT by-law 94-24 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by D. Dennis "THAT by-law 94-24 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by D. Dennis Seconded by J. Hagell "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously REEVE CLERK COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO JUNE 2, 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, June 2, 1994 in the Council Chambers. Present were Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors Wayne Casier, Doug Dennis, Jim Hagell, Road Superintendent James Gibbons, Chief Building Official Dwayne Daniel 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 Reeve Chute made a disclosure of pecuniary interest and the general nature thereof with respect to item 9(c). 3. MINUTES (a) Minutes from the special Council meeting held May 11, 1994. (b) Minutes from the regular Council meeting held May 19, 1994. Moved by W. Casier Seconded by J. Hagell "THAT the minutes of May 11, 1994 and May 19, 1994 be adopted as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 8:15 p.m. - Ben Vandevyvere regarding Transfer Station operations. Mr. Vandevyvere appeared before Council to voice several concerns over the operation of the Transfer Station. He noted he has experience trouble in obtaining bins in a timely manner from Green Lane and as a result has had to close early on several occasions. Mr. Vandevyvere enquired about his authority to order ratepayers to leave the Station is they do not place materials in the correct bins. Council informed Mr. Vandevyvere he had full authority to do so. 5. TENDERS No items. 6. ACCOUNTS (a) Accounts for the period ending May 30, 1994. Moved by J. Hagell Seconded by W. Casier "THAT the accounts for the period ending May 30, 1994 be approved." COUNCIL MINUTES - 69 - June 2, 1994 7. PUBLIC MEETINGS No meetings scheduled. 8. CORRESPONDENCE Moved by J. Volkaert Seconded by W. Casier "THAT items 8(a), 8(b), 8(c), 8(d), 8(e) and 8(f) be received and filed." Disposition: Motion Carried Unanimously (a) Long Point Region Conservation Authority circulation of minutes from annual meeting held May 4, 1994. (Received and Filed) (b) Township of South-West Oxford Committee of Adjustment notice of a public meeting. (Received and Filed) (c) Ministry of Housing correspondence regarding Bill 120. (Received and Filed) (d) Regional Cablesystems correspondence regarding satellite equipment situated on Township property. (Received and Filed) (e) Elgin County Roman Catholic Separate School Board correspondence regarding 1994 mill rates. (Received and Filed) (1) Ontario Clean Water Agency correspondence regarding water supply study for the City of London. (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS Moved by W. Casier Seconded by J. Volkaert "THAT report 9(d) be added to the list of business." Disposition: Motion Carried Unanimously (a) Report from Road Superintendent. (7:30 p.m.) Road Superintendent James Gibbons was present to inform Council of Road Department activities for the period ending June 2, 1994. Mr. Gibbons advised Council the water quality at the Garage has deteriorated to a point where it is not fit for drinking. Council instructed the Clerk Treasurer to arrange for the water to be tested. COUNCIL MINUTES - 70 - June 2, 1994 (b) Semi Annual report from Fire Chief. Moved by J. Volkaert Seconded by W. Casier "THAT the Fire Chief's semi-annual report be adopted." Disposition: Motion Carried Unanimously (c) Report from Chief Building Official regarding building permits issued for the month of May, 1994. Moved by J. Hagell Seconded by D. Dennis "THAT the Building Permits for the month of May 1994 be approved." Disposition: Motion Carried Unanimously (d) Report from Clerk Treasurer regarding a request from Double D Farms Ltd. to stop up, close and sell part of the Road Allowance between Lots 118 & 119, Concession N.T.R. Moved by J. Volkaert Seconded by W. Casier "THAT the Clerk be instructed to initiate procedures to stop up, close and sell the Road Allowance between Lot 118 and Lot 119, Concession N.T.R." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) Stanley James application for an amendment to the Township Zoning By-law concerning Part of Lot 3, Concession 5. Moved by J. Hagell Seconded by W. Casier "THAT the application of Stanley James for an amendment to the Township Zoning By-law to change the zoning on Part of Lot 3, Concession 5, to Rural Residential (RR) to permit the creation of a retirement lot be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously (b) Keith and Janet Underhill application for an amendment to the Township Official Plan and Zoning By-law concerning Part of Lot 13, Concession 2. Moved by W. Casier Seconded by J. Hagell "THAT the application of Keith and Janet Underhill for an amendment to the Township Zoning By-law to change the zoning on Part of Lot 13, Concession 2, to COUNCIL MINUTES - 71 - June 2, 1994 permit the creation of a building Iot 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 14. BY-LAWS 94-25 A by-law to authorize the Reeve and Clerk to execute an agreement with Green Lane Environmental Group Limited for the provision of waste management services. 94-26 A by-law to appoint Brian Wolfe as a Building Inspector and to amend By-law No 93-6. Moved by J. Volkaert Seconded by J. Hagell "THAT by-law 94-25 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT by-law 94-25 be taken as read a third time and finally passed." Disposition:Motion Carried Unanimously Moved by W. Casier Seconded by J. Hagell "THAT by-law 94-26 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Hagell Seconded by W. Casier "THAT by-law 94-26 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 72 - June 2, 1994 15. ADJOURNMENT Moved by J. Volkaert Seconded by W. Casier "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously 4000(013/ REEVE CLERK COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO JUNE 16, 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, June 16, 1994 in the Council Chambers. Present were Reeve D. Vane Chute, Deputy Reeve Joe Volkaert 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 7:30 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. MINUTES (a) Minutes from the regular Council meeting held June 2, 1994. Moved by J. Hagell Seconded by J. Volkaert "THAT the minutes of June 2, 1994 be adopted as circulated." Dispositions Motion Carried Unanimously 4. DELEGATIONS (a) 8:00 p.m. - George Palmer and Hugh Howey from Bayham Community Initiatives. Mr. Hugh Howey from Bayham Community Initiatives was present to provide Council with an update of BCPs activities and to request financial assistance. Mr. Howey noted that the Village of Vienna had donated $200 and the Village of Port Burwell had donated $100. Moved by W. Casier Seconded by J. Hagell "THAT a donation of $900.00 be made to Bayham Community Initiatives." Disposition: Motion Carried Unanimously S. TENDERS No items. 6. ACCOUNTS (a) Accounts for the period ending June 14, 1994. Moved by W. Casier Seconded by J. Hagell COUNCIL MINUTES - 74 - June 16, 1994 "THAT the accounts for the period ending June 14, 1994 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 Carred 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 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) Michele Szorenyi application for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 124,North of Talbot Road from Future Development (FD) to Hamlet Residential (HR). 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 Hamlet Residential (HR) from Future Development (FD) to facilitate the severance of 5 lots. He noted the subject lots comply with the area and frontage requirements of the Zoning By-law. ii) Presentation By Applicant The agent for the applicant Mr. Jack Petrie was not present. 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. The Elgin - St. Thomas Health Unit advised the Clerk by phone that the Health Unit had no objections to the proposal. Council Questions and Discussions There were no comments or questions from Council. (b) Urbain and Louise Vantyghem application for an amendment to the Township ZoningBy-law to facilitate the severance of a lot for a dwelling unit for farm labour employed on the retained agricultural parcel concerning the Part Lots 8 & 9, Concession 8. COUNCIL MINUTES - 75 - June 16, 1994 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) from Agricultural (Al) to facilitate the severance of a lot for a dwelling unit for farm labour. He noted the sketch map provided with the application indicated the area of the subject lands was less than required in the Zoning By-law. The amending By-law has been drafted to reflect an amended map that will meet the 0.4 hectare requirement of the By-law. ii) Presentation By Applicant Mr. and Mrs. Vantyghem were present but did not make a presentation. 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. The Elgin - St. Thomas Health Unit advised the Clerk by phone that the Health Unit had no objections to the proposal. Council Questions and Discussions In reply to Councillor Hagell's question Mrs. Vantyghem replied that the application did include the irrigation pond. Deputy Reeve Volkaert enquired if the Health Unit had any concerns with the lot size. The Clerk and Mrs. Vantyghem advised the Health had not noted any concerns. 4. ADJOURNMENT Moved by D. Dennis Seconded by J. Hagell "THAT the Public Meeting be adjourned." Disposition: Motion Carried Unanimously 8. CORRESPONDENCE Moved by D. Dennis Seconded by W. Casier "THAT items 8(c), 8(d) and 8(e) be received and filed." Disposition: Motion Carried Unanimously (a) Mrs. Connie Kernaghan correspondence regarding speed limits in the hamlet of Corinth. Moved by W. Casier Seconded by J. Volkaert "THAT a by-law be given three readings to restrict the speed limit in the hamlet of Corinth." Disposition: Motion Carried Unanimously (b) County of Elgin correspondence regarding a Standard Municipal Agreement for Sewer, Water and other related road works on County road allowances. COUNCIL MINUTES - 76 - June 16, 1994 Moved by J. Hagell Seconded by D. Dennis "THAT the Clerk be instructed to prepare a by-law to enter into an agreement with the County of Elgin for Sewer, Water and other related road works on County road allowances." Disposition: Motion Carried Unanimously (c) Village of Vienna correspondence regarding use of a wood chipper at the Township's Transfer Station. (Received and Filed) (d) Assessment Region No. 23, 1993 Property Assessment Annual Review. (Received and Filed) (e) Long Point Region Conservation Authority Watershed Strategies publication. (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Road Superintendent. (8:30 p.m.) Mr. James Gibbons was present to advise Council on Road Department activities for the period ending June 16, 1994. Mr. Gibbons advised Council that resurfacing of the 8th Concession was completed and he is very satisfied with the condition of the road. Mr. Gibbons also noted that the Ministry of Natural Resources has inspected Chrastina's Pit and is satisfied with the restorations to date. (b) Report from Clerk Treasurer regarding William & Caroline Berry encroachment agreement. Moved by J. Hagell Seconded by W. Casier "THAT a by-law be given three readings to enter into an encroachment agreement with William & Caroline Berry." Disposition: Motion Carried Unanimously (c) Report from Livestock Valuer regarding losses sustained by Karen Vantyghem. Moved by J. Volkaert Seconded by W. Casier "THAT the report of the Livestock Valuer be adopted and losses in the amount of $146.00 be paid to Karen Vantyghem." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 77 - June 16, 1994 (d) Report from Clerk Treasurer regarding 1994 Budget. Moved by D. Dennis Seconded by J. Hagell "THAT a by-law be given three readings to adopt the 1994 Budget." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) Lisa Enns application for an amendment to the Township Zoning By-law concerning Part of Lot 8, Concession 3. Moved by W. Casier Seconded by J. Volkaert "THAT the application of Lisa Enns for an amendment to the Township Zoning By- law concerning Part of Lot 8, Concession 3 be refused." Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS No items. 13. OTHER BUSINESS No items. 14. BY-LAWS 94-27 A by-law to appoint John Ungar as a Building Inspector and to amend By-law No. 93-6. 94-28 A by-law to execute an agreement to permit the encroachment of a brick building over the Road Allowance between Concessions 9 & 10 in Lot 5, Corinth 94-29 A by-law to adopt the assessments and to levy the taxes for the year 1994. 94-30 A by-law to restrict the speed limit in the hamlet of Corinth Z305-94 A by-law to amend Zoning By-law No. 2387 (Szorenyi) Z306-94 A by-law to amend Zoning By-law No. 2387 (Vantyghem) 94-31 Confirming By-law COUNCIL MINUTES - 78 - June 16, 1994 Moved by W. Casier Seconded by D. Dennis "THAT by-laws 94-27, 94-28, 94-29, 94-30, Z305-94 and Z306-94 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by D. Dennis Seconded by W. Casier "THAT by-laws 94-27, 94-29, 94-29, 94-30, Z305-94 and Z306-94 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 94-31 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Hagell Seconded by D. Dennis "THAT by-law 94-31 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by J. Hagell Seconded by W. Casier "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously DEPUTY REEVE CLERK COMMITTEE OF ADJUSTMENT OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO JUNE 7, 1994 7:00 P.M. The Committee of Adjustment of the Corporation of the Township of Bayham met on June 7, 1994 at 7:00 p.m. in the Council Chambers to consider Application A/1/94 submitted by Ronald & Linda Blondeel. Present were Vice Chair Wayne Casier, members Ron Chatten and Lew Acre and Secretary Treasurer Donald W. MacLeod. 1. CALL TO ORDER The Secretary Treasurer called the meeting to order by stating that in the absence of the Chairman the Vice Chairman was to preside over the meeting. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. MINUTES Moved by R. Chatten Seconded by L. Acre "THAT the minutes of January 6, 1994 be adopted." Disposition: Motion Carried Unanimously 4. APPLICATIONS (a) Application A/1/94 - Ronald & Linda Blondeel, Part Lot 7, Registered Plan 258. i) STAFF REPORT The Secretary Treasurer advised the Committee the minor variance was necessary to recognize an addition constructed in 1985 that will require relief from the side yard requirement of 1.2 metres (3.93 feet) to a zero lot line as set out in the Township of Bayham Zoning By-Law No. 2387. ii) PRESENTATION BY APPLICANT Mr. Blondeel was present and advised the Committee the property was in the process of being sold and this was the only obstacle holding up the sale. He also added he was under the impression that all necessary approvals were in place in 1985 when the addition was constructed. iii) PUBLIC COMMENTS Mr. Jerome Donuss, neighbour of Mr. Blondeel, appeared before the Committee to raise concern over the viability of Mr. Blondeel's septic system. Mr. Donuss noted the Blondeel's tile bed had been terminated at the property line when the property was severed and he did not feel the house should be sold without the prospective purchaser being made aware of the condition of the septic system. iv) COMMI'I EE QUESTIONS AND DISCUSSIONS The Committee adjourned for a 5 minute recess. Upon reconvening the Committee advised Mr. Blondeel and Mr. Donuss that addressing a problem brought to their attention such as Mr. Blondeel's septic system was within the mandate of the Committee and was incumbent upon them to do so. COMMITTEE OF ADJUSTMENT - 8 - JUNE 7, 1994 MINUTES 5. ACTION BY COMMITTEE Moved by R. Chatten Seconded by W. Acre "THAT application A/1/94 to recognize an addition to existing residential unit that will require relief from the side yard requirement of 1.2 metres (3.93 feet) to a zero lot line be approved subject to the applicant provide written confirmation from the Elgin - St. Thomas Health Unit that the subject property has an approved sewage disposal system in accordance with the Environmental Protection Act.. Disposition: Motion Carried Unanimously 6. ADJOURNMENT Moved by L. Acre Seconded by R. Chatten "THAT the Committee of Adjustment meeting be adjourned." Motion Carried Unanimously VICE CHAIRMAN SECRETARY TREASURER COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO JULY 7, 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, July 7, 1994 in the Council Chambers. Present were, Deputy Reeve Joe Volkaert Sr., Councillors Wayne Casier, Doug Dennis, Jim Hagell, Chief Building Official Dwayne Daniel and Clerk Treasurer Donald W. MacLeod. 1. CALL TO ORDER In the absence of the Reeve, Deputy Reeve Volkaert assumed the Chair and called the meeting to order at 7:35 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. MINUTES (a) Minutes from the regular Council meeting held June 16, 1994. Moved by W. Casier Seconded by J. Hagell "THAT the minutes of June 16, 1994 be adopted as amended." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 8:00 p.m. a Leo Bogart regarding drainage issues in the hamlet of Corinth. Mr. Leo Bogart appeared before Council to express concern over the Wallace Drain and Corinth Drain. Mr. Bogart informed Council that flooding had occurred on his property as a result of a berm on the neighbouring property. The Drainage Superintendent advised Council this berm is not part of municipal drainage scheme but is located at a lower elevation than Mr. Bogart's property. Mr. Bogart noted that the Corinth Drain, is serviced by a 10" pipe which crosses the Road between Concessions 9 & 10 in Corinth, is not handling the flows of water and is causing flooding. In Mr. Bogart's opinion this was caused by the removal of a culvert under the road when the drain was reconstructed in 1985. Deputy Reeve Volkaert advised Mr. Bogart that Council would conduct a site visit and notify him of any decision made. 5. TENDERS No items. 6. ACCOUNTS (a) Accounts for the period ending July 4, 1994. Moved by D. Dennis Seconded by J. Hagell "THAT the accounts for the period ending July 4, 1994 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 80 - July 7, 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), 8(e), 8(b), 8(1) and 8(k) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of Transportation correspondence regarding 1994 Supplementary Subsidy Allocation. (Received and Filed) (b) Ministry of Finance correspondence regarding charging of fees for supplementary assessments. Moved by D. Dennis Seconded by W. Casier "THAT the Minister of Finance and the Minister of Municipal Affairs be advised the Council of the Township of Bayham opposes the recent decision of the Provincial Government to charge fees for supplementary assessments." Disposition: Motion Carried Unanimously (c) Copy of a Notice of Intention to issue a Control Order under the Environmental Protection Act to Arthur Vanderispaillie, (Received and Filed) (d) Village of Port Burwell correspondence regarding Rails to Trails. (Received and Filed) (e) Long Point Region Conservation Authority circulation of minutes from a meeting held June 1, 1994. (Received and Filed) (t) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E92/94 submitted by Sandytown Development Ltd. concerning Lots 126, Concession 7 N.T.R. Moved by J. Hagell 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 #E92/94 subject to the applicant making a $ cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 81 - July 7, 1994 (g) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E37194 submitted by DeCloet Ltd. concerning Lot 22 & 23, Concession 9. 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 #E37194 subject to the following conditions: 1. The applicant make a $1,000 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." 3. That the applicant construct a buffer strip to the satisfaction of the Township. Disposition: Motion Carried Unanimously (h) George and Margaret Gilvesy correspondence regarding 4 proposed severences in the hamlet of Eden. {These are numbered 8(h-1), 8(h-2), 8(h-3) and 8(h-4)} (Received and Filed) (i) Township of Malahide Notice of the Passing of a Zoning By-law. (Received and Filed) (j) Straffordville Minor Ball Association request for financial Assistance. Moved by W. Casier Seconded by J. Hagell "THAT a donation of $900.00 be made to Straffordville Minor Ball." Disposition: Motion Carried Unanimously (k) County of Elgin Correspondence regarding the formation of a Technical Civic Addressing Steering Committee that will participate in the preparation of a Civic Addressing Manual. Moved by D. Dennis Seconded by J. Hagell "THAT the Clerk Treasurer be authorized to serve on the County of Elgin Technical Civic Addressing Steering Committee." Disposition: Motion Carried Unanimously 9. REPORTS OF STAFF AND CONSULTANTS Moved by W. Casier Seconded by J. Hagell "THAT reports 9(a), 9(b), 9(c), 9(f) be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 82 - July 7, 1994 (a) Report from Drainage Superintendent regarding Chaleyssin B Agreement Drain. (Received and Filed) (b) Report from Drainage Superintendent regarding 2nd Line Racz Agreement Drain. (Received and Filed) (c) Report from Drainage Superintendent regarding Chaleyssin A Agreement Drain. (Received and Filed) (d) Report from Clerk Treasurer regarding the Employment Equity Act. (previously circulated) Moved by D. Dennis Seconded by J. Hagell "THAT the report be deferred." Disposition: Motion Carried Unanimously (e) Report from Clerk Treasurer regarding Cliff and Vicky Wiggans quit claim deed. Moved by J. Hagell Seconded by D. Dennis "THAT a by-law be given three readings to authorize the Reeve and Clerk to execute a quit claim deed with respect to Part of the R. Hubbard Block, S.T.R. West of Plank Road, Plan 205." Disposition: Motion Carried Unanimously (0 Report from Chief Building Official regarding renovations the Municipal Office and Fire Hall. Moved by W. Casier Seconded by J. Hagell "THAT the quotation of Peter Hartmann in the amount of $1,276.16 for the installation of .023 gauge aluminum to cover the fascia and cornice board at the Township Office and Fire Hall be accepted." Disposition: Motion Carried Unanimously (g) Report from Chief Building Official regarding building permits issued form the month of June, 1994. Moved by D. Dennis Seconded by J. Hagell "THAT the building permits for the month of June, 1994 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 83 - July 7, 1994 (h) Report from Chief Building Official regarding a building permit application submitted by Fred Hermann. Moved by W. Casier Seconded by J. Hagell "THAT the correspondence be forwarded to the Farm Practices Protection Board for further review." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES (a) Committee of the Whole discussion regarding a property manner. Moved by D. Dennis Seconded by J. Hagell "THAT Council do now rise to enter into Committee of the Whole to discuss a property matter." Disposition: Motion Carried Unanimously At this point Council rose and entered into Committee of the Whole to discuss a property matter. Moved by W. Casier Seconded by J. Hagell "THAT the Committee of the Whole rise without reporting." Disposition: Motion Carried Unanimously 11. APPLICATIONS (a) Paul and Jose DePlancke application for an amendment to the Township Zoning By-law concerning Part Lots 16 & 17, Concession 8. Moved by W. Casier Seconded by J. Hagell "THAT the application of Paul & Jose De Plancke for an amendment to the Township Zoning By-law to change the Zoning on Part Lots 16 & 17, Concession 8 to Rural Residential to permit the creation of a retirement lot be accepted and forwarded to the Township planning consultant for a by-law preparation." Disposition: Motion Carried Unanimously (b) Donck Farms Limited application for and amendment to the Township Zoning By-law concerning Part Lot 8, Concession 9. Moved by J. Hagell Seconded by W. Casier "THAT the application of Donck Farms Limited for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 8, Concession 9 to Rural Residential to permit the creation of a farm help lot be accepted and forwarded to the Township planning consultant for a by-law preparation." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 84 - July 7, 1994 12. UNFINISHED BUSINESS AND DEFERRED ITEMS No items. 13. OTHER BUSINESS 14. BY-LAWS 94-32 A by-law to authorize the Reeve and Clerk to execute a quit claim deed for a right-of- way ight-ofway over part of the R. Hubbard Block west of Talbot Road, Plan 205 for the hamlet of Straffordville designated as Part 2 on Reference Plan 11R-5104. 94-33 A by-law to authorize the Reeve and Clerk to enter into an agreement with the County of Elgin to construct, use and operate works on County road allowances. 94-34 Confirming By-law Moved by J. Hagell Seconded by W. Casier "THAT by-laws 94-32 and 94-33 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by D. Dennis Seconded by W. Casier "THAT by-laws 94-32 and 94-33 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by D. Dennis "THAT by-law 94-34 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Hagell Seconded by D. Dennis "THAT by-law 94-34 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by D. Dennis Seconded by J. Hagell "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 85 - July 7, 1994 ‘71 e 6"; S /0a1154' REEVE CLERK COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO JULY 21, 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, July 21, 1994 in the Council Chambers. Present were, Deputy Reeve Joe Vol kaert 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 7:28 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. MINUTES (a) Minutes from the regular Council meeting held July 21, 1994. Moved by D. Dennis Seconded by J. Hagell "THAT the minutes of July 21, 1994 be adopted as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 8:45 p.m. - Jack Petrie regarding agenda item 8(b). Mr. Petrie appeared before Council to present a proposal for the extension of the hamlet boundaries of Straffordville. (b) 9:15 p.m. - Leo Bogart regarding drainage issues in the hamlet of Corinth. Mr. Leo Bogart appeared before Council to express concern over the Corinth Drain. Mr. Bogart informed Council that flooding is occurring due to the fact that a culvert was removed when the Corinth Drain was reconstructed in 1985. Reeve Chute advised Mr. Bogart the reason the culvert was removed was due to the fact that flooding of a tile bed on the south side of the 9th► Concession. In response to Mr. Bogart's question the Clerk advised Mr. Bogart that Council had held an on site meeting without ratepayer involvement to review the situation prior to taking any action. 5. TENDERS No items. COUNCIL MINUTES - 87 - July 21, 1994 6. ACCOUNTS (a) Accounts for the period ending July 18, 1994. Moved by D. Dennis Seconded by J. Hagell "THAT the accounts for the period ending July 18, 1994 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 receive public input on an application for amendment to the Township Zoning By-law. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. APPLICATIONS (a) Stanley James application for an amendment to the Township Zoning By-law to facilitate the severance of a lot for a retirement dwelling concerning the Part Lot 3, Concession 5. 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) from Agricultural (Al) to facilitate the severance of a lot for a retirement dwelling. ii) Presentation By Applicant Mr. James was present but did not make a presentation. iii) Public Comments No member of the public appeared to speak against of 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. These were the only comments received from any of the agencies or ministries circulated. iv) Council Ouestions and Discussions There were no questions from Council. COUNCIL MINUTES - 88 - July 21, 1994 4. ADJOURNMENT Moved by W. Casier Seconded by J. Hagell "THAT the Public Meeting be adjourned." Disposition: Motion Carried Unanimously 8. CORRESPONDENCE Moved by D. Dennis Seconded by W. Casier "THAT items 8(a), 8(c) 8(d) and 8(e) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of the Environment & Energy correspondence regarding proposed new guidelines for cleanup of contaminated sites. (Received and Filed) (b) Jack Petrie correspondence regarding proposed Official Plan Amendment concerning Part Lots 124 & 125, N.T.R. Moved by W. Casier Seconded by J. Hagell "THAT the correspondence be forwarded to the Township planning consultant for the preparation of a planning report." Disposition: Motion Carried Unanimously (c) City of London correspondence regarding Bill 120. (Received and Filed) (d) Long Point Region Conservation Authority correspondence regarding a Planning Meeting concerning Lower Big Otter Remedial Project. (Received and Filed) (e) Town of Tillsonburg correspondence regarding Rails to Greenways. (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS Moved by D. Dennis Seconded by J. Hagell "THAT the following items be added to the List of Business 9(d), 9(e), and 11(c)." Disposition: Motion Carried Unanimously (a) Report from Road Superintendent. (7:45 p.m.) Mr. James Gibbons was present to advise Council on Road Department activities for the period ending July 20, 1994. Mr. Gibbons advised Council that a major washout had occurred on the Tillsonburg Townline Road between Highway 3 and the Townline COUNCIL MINUTES - 89 - July 21, 1994 Bridge. Mr. Gibbons noted that the hand patching on tar and chip roads had commenced and should take approximately one and a half weeks to complete. Mr. Gibbons informed Council that tenders for the new road grader close on August 4. Tenders were sent to Champion, Komatsu and Toromont - Caterpillar. (b) Interim Budget Report. Moved by D. Dennis Seconded by W. Casier "THAT report 9(b) be received and filed." Disposition: Motion Carried Unanimously (c) Report from Clerk Treasurer regarding the use of composite ballots. Moved by J. Hagell Seconded by D. Dennis "THAT a by-law be given three readings to allow for the use of a composite ballot for the election the Reeve, Deputy Reeve and Councillors." Disposition: Motion Carried Unanimously (d) Report from Clerk Treasurer regarding the sale of 6 Plank Road South. Moved by W. Casier Seconded by J. Hagell "THAT a by-law be given three readings to authorize the sale of 6 Plank Road South and to allow the Reeve and Clerk to execute the necessary documents." Disposition: Motion Carried Unanimously (e) Report from Clerk Treasurer regarding proposed by-law to stop-up, close and sell the Road Allowance between Lot 20 and 21, Concession 9. Moved by J. Volkaert Seconded by W. Casier "THAT a by-law be given three readings to stop-up, close and sell the Road Allowance between Lot 20 and 21, Concession 9." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES No items. COUNCIL MINUTES - 90 - July 21, 1994 11. APPLICATIONS (a) Murray and Dorothy Emerson application for an amendment to the Township Official Plan and Zoning By-law concerning Part Lots 13, Concession 3. Moved by J. Volkaert Seconded by W. Casier "THAT the application of Murray Emerson for an amendment to the Township Zoning By-law and Official Plan to change the Zoning on Part Lot 13, Concession 3 to Estate Residential to permit the creation of 4 residential lots be accepted and forwarded to the Township planning consultant for a by-law preparation." Disposition: Motion Carried Unanimously (b) Gerald Taylor application for an amendment to the Township Zoning By-law concerning Lot 122, N.T.R. Moved by J. Hagell Seconded by W. Casier "THAT the application of Gerald Taylor for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 122, N.T.R. to Rural Residential to permit the creation of a retirement lot be accepted and forwarded to the Township planning consultant for a by-law preparation." Disposition: Motion Carried Unanimously (c) Tile Drainage Loan Application submitted by Rudy and Susan Garner concerning Part Lot 126, Concession 6. Moved by J. Volkaert Seconded by W. Casier "THAT the application of Rudy and Susan Garner for a Tile Drainage Loan concerning Part Lot 126, Concession 6 be approved." Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Report from Clerk Treasurer regarding the Employment Equity Act. (July 7, 1994) Moved by D. Dennis Seconded by J. Hagell "THAT item 12(a) be received and filed." 13. OTHER BUSINESS No items. 14. BY-LAWS 94-35 Being a by-law to authorize the Reeve and Clerk to execute a mutual agreement for drainage at Lot 11 in Concession 2 and Concession 3 COUNCIL MINUTES - 91 - July 21, 1994 94-36 Being a by-law to authorize the Reeve and Clerk to execute a mutual agreement for drainage at Lot 12 in Concession 2 and Concession 3 94-37 Being a by-law to authorize the Reeve and Clerk to execute a mutual agreement for drainage at Lot 12 in Concession 2 and Concession 3 94-38 A by-law to provide for the use of a composite ballot for the election of the Reeve, Deputy Reeve and Councillors. Z307-94 A by-law to amend Zoning By-law No. 2387 (Stanley James) 94-39 Confirming By-law Moved by J. Volkaert Seconded by D. Dennis "THAT by-laws 94-35, 94-36, 94-37, 94-38, 94-39, 94-40 and Z307-94 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Hagell "THAT by-laws 94-35, 94-36, 94-37, 94-38, 94-39, 94-40 and Z307-94 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 94-41 be taken as read fust and second time." Disposition: Motion Carried Unanimously Moved by D. Dennis Seconded by J. Hagell "THAT by-law 94-40 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by J. Hagell Seconded by W. Casier "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously . . .�-.� REEVE CLERK COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO AUGUST 4, 1994 7:30 F.M. The regular meeting of the Council of the Township of Bayham was held at 7:30 p.m. on Thursday, August 4, 1994 in the Council Chambers. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councilors Wayne Casier, Doug Dennis, Jim Hagell, Road Superintendent James Gibbons, and Clerk T:reasurer 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 None noted. 3. MINUTES (a) Minutes from the regular Council meeting held July 21, 1994. Moved by W. Casier Seconded by J. Volkaert "THAT the minutes of July 21, 1994 be adopted as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS There were no delegations. 5. TENDERS 8:00 P.M. Grader tenders. Moved by J. Volkaert Seconded by W. Casier "THAT the tender bid submitted by Champion Road Machinery Limited in the amount of $174,340.00 for a 1994 road grader be accepted." Disposition: Motion Carried Unanimously 6. ACCOUNTS (a) Accounts for the period ending Augu3t 2, 1994. Moved by J. Hagell Seconded by D. Dennis "THAT the accounts for the period ending August 2, 1994 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 93 - August 4, 1994 7. PUBLIC MEETINGS Moved by D. Dennis Seconded by J. Hagell "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 7:35 p.m. and advised Council the purpose of the meeting was to receive public input on two applications for amendment to the Township Zoning By-law and Official Plan. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. APPLICATIONS (a) An application submitted by Arnold Vanderpas for amendments to the Township Official Plan and Zoning By-law concerning Part Lot 14, Concession 6. i) Staff Report The Clerk advised Council the purpose of the application is to amend the Zoning By-law to change the zoning to Estate Residential and the Official Plan designation to Rural - Estate Residential. The subject lands are situated in an aesthetic setting south of Little Otter Creek and meets the criteria of Section 4.3.2. of the Official Plan for the redesignation of land for estate residential purposes. ii) Presentation By Applicant Ms. Peggy Hicks, agent for the applicants, was present but did not make a presentation. ui) Public Comments Mr. Bob Gregson, owner of land north of the subject lands was present. Mr. Gregson expressed concern to Council that such severances in agricultural areas are leading to conflicts between residential uses and agricultural uses. He feels the agricultural versatility of farms is decreased as the potential for certain uses is diminished due to setbacks required in the Agricultural Code of Practice. No other member of the public appeared to speak against of 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. These were the only comments received from any of the agencies or ministries circulated. iv) Council Questions and Discussions There were no questions from Council. (b) An application submitted by Keith Underhill for amendments to the Township Official Plan and Zoning By-law concerning Part Lot 13, Concession 2. i) Staff Report The Clerk advised Council the purpose of the application is to amend the Zoning By-law to change the zoning to Estate Residential and the Official Plan designation to Rural - Estate Residential. The subject lands are COUNCIL MINUTES - 94 - August 4, 1994 situated on the south side of Highway 19 immediately south of the Village of Vienna. Part of the property is occupied by an existing non-farm dwelling and a garage. A portion of the lot is to be retained in order to create a new lot for a retirement residence. Section 4.3.2. of the Official Plan prescribes criteria for the redesignation of land for estate residential purposes. A review of these criteria indicates the proposal is in accordance with the criteria as they apply to the subject lands. The built up nature of the local area and the size and shape of the subject lands severely limits the agricultural potential of these lands. ii) Presentation By Applicant Ms. Jack Petrie, agent for the applicants, was present but did not make a presentation. iii) Public Comments No member of the public appeared to speak against of 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. These were the only comments received from any of the agencies or ministries circulated. iv) Council Questions and Discussions There were no questions from Council. 4. ADJOURNMENT Moved by J. Hagell Seconded by D. Dennis "THAT the Public meeting be adjourned." Disposition: Motion Carried Unanimously 8. CORRESPONDENCE Moved by J. Volkaert Seconded by D. Dennis "THAT items 8(a), 8(b), 8(c), 8(d) and 8(e) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of Transportation correspondence regarding local subdivision roads. (Received and Filed) (b) Ministry of Agriculture, Food and Rural Affairs correspondence regarding Leadership in Action. (Received and Filed) (c) Ministry of Agriculture, Food and Rural Affairs correspondence regarding Fred Hermann and Jayson Youcke. (Received and Filed) (d) Copy of a Control Order issued by the Ministry of the Environment and Energy to Arthur Vanderspaillie. (Received and Filed) (e) Long Point Region Conservation Authority circulation of minutes of a meeting held July 6, 1994. (Received and Filed) COUNCIL MINUTES - 95 - August 4, 1994 (f) Village of Port Stanley correspondence requesting support of a resolution Bill 163. Moved by J. Volkaert Seconded by W. Casier "THAT the resolution of the Village of Port Stanley be endorsed." Disposition: Motion Carried Unanimously (g) Township of South Dorchester correspondence requesting support of a resolution Drainage Maintenance Programs. Moved by J. Volkaert Seconded by W. Casier "WHEREAS the Council of the Township of South Dorchester enacted a resolution with respect to policies of the Ministry of Natural Resources as they relate to drainage improvements and maintenance; AND WHEREAS the Council of the Township of Bayham concurs with the Township of South Dorchester that Ministry of Natural Resource policies hinder the normal and necessary practice of drainage improvements and maintenance; THEREFORE BE IT RESOLVED the Council of the Township of Bayham requests the Ministry of Natural Resources to amend its' policies so as to expedite the normal practice of drain maintenance and improvements." (h) Doyle & Prendergast correspondence regarding a proposed severance application submitted by Roger Morin. Moved by W. Casier Seconded by J. Hagell "THAT the correspondence be deferred." Disposition: Motion Carried Unanimously 9. REPORTS OF STAFF AND CONSULTANTS Moved by D. Dennis Seconded by J. Hagell "THAT reports 9(a) and 9(c) be received and filed." Disposition: Motion Carried Unanimously (a) Report from Clerk Treasurer regarding Township Fire Hall. (Received and Filed) (b) Report from Clerk Treasurer regarding Canada/Ontario Infrastructure Program. Moved by W. Casier Seconded by D. Dennis "THAT a by-law be given three readings to authorize the Reeve and Clerk to enter into an agreement with her Majesty the Queen in right of Ontario as represented by the Ministry of Municipal Affairs with respect to the Canada-Ontario Infrastructure Program. COUNCIL MINUTES - 96 - August 4, 1994 Disposition: Motion Carried Unanimously (c) Report from Clerk Treasurer regarding Bayham Community Centre. (Received and Filed) 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) Cornelius &Margaret Reimer application for an amendment to the Township Zoning By- law concerning Part Lots 134, Concession N.T.R. Moved by J. Hagell Seconded by D. Dennis "THAT the application of Cornelius and Margaret Reimer for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 134, Concession N.T.R. to Rural Commercial to permit the establishment of an agricultural and automotive repair shop be accepted and forwarded to the Township planning consultant for a by-law preparation." Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS No items. 13. OTHER BUSINESS Councillor Dennis brought to Council's attention the fact that an ethanol plant proposed to built in the City of Chatham was in danger of not being constructed due to tax breaks not being received. In response to this information the following resolution was passed. Moved by D. Dennis Seconded by J. Hagell "THAT Gar Knutson, MP and Peter North, MPP be advised the Council of the Township of Bayham supports the City of Chatham's initiative to locate an ethanol plant in Southwestern Ontario and that Gar Knutson and Peter North be requested to support this proposal." Disposition: Motion Carried Unanimously 14. BY-LAWS 94-42 A By-law to authorize the Reeve and Clerk to enter into an agreement with the her Majesty the Queen in right of Ontario as represented by the Ministry of Municipal Affairs with respect to the Canada-Ontario Infrastructure Program 94-43 A by-law to adopt Official Plan Amendment No. 97. (Underhill) 94-44 A by-law to adopt Official Plan Amendment No. 97. (Vanderpas) Z308-94 A by-law to amend Zoning By-law No. 2387 (Underhill) COUNCIL MINUTES - 97 - August 4, 1994 Z309-94 A by-law to amend Zoning By-law No. 2387 (Vanderpas) 94-45 Confirming By-law Moved by J. Volkaert Seconded by W. Casier "THAT by-laws 94-42, 94-43, 94-44, Z308-94 and Z309-94 be taken as read << first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier "THAT by-laws 94-42, 94-43, 94-44, Z308-94 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT by-laws 94-42, 94-43, 94-4, Z308-94 and Z309-94 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 94-45 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by D. Dennis Seconded by J. Hagell "THAT by-law 94-45 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 /CeiZeifeif REEVE CLERK COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO AUGUST 25, 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, August 25, 1994 in the Council Chambers. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors Wayne Casier, Jim Hagell, Chief Building Official Dwayne Daniel 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 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 August 4, 1994. Moved by J. Volkaert Seconded by W. Casier "THAT the minutes of August 4, 1994 be adopted as amended." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) Mr. Jack Petrie regarding agenda items 11(c), (d), (e) and (f). 5. TENDERS No items. 6. ACCOUNTS No items. 7. PUBLIC MEETINGS None scheduled. 8. CORRESPONDENCE (a) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E100/94 submitted by Michele Szorenyi concerning Part Lots 124, Concession N.T.R. COUNCIL MINUTES - 99 - August 25, 1994 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 #E100194 subject to the applicant making a $1,000 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously (b) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E99/94 submitted by Michele Szorenyi concerning Part Lots 124, Concession N.T.R. 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 #E99/94 subject to the applicant making a $1,000 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously (c) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E98/94 submitted by Michele Szorenyi concerning Part Lots 124, Concession N.T.R. Moved by J. Hagell 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 #E100/94 subject to 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 consent application #E97/94 submitted by Michele Szorenyi concerning Part Lots 124, Concession N.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 #E97/94 without condition." Disposition: Motion Carried Unanimously (e) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E109194 submitted by Frank Megashazi concerning Part Lots 124, Concession S.T.R. COUNCIL MINUTES - 100 - August 25, 1994 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 E109/94 subject to the stipulation of the Planning Act being applied to the severed parcel." Disposition: Motion Carried Unanimously (f) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E109/94 submitted by Urbain & Louise Vantyghem concerning Part Lots 8 & 9, Concession 8. 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 #E107/94 subject to the applicant making a $500 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously (g) County of Elgin Land Division Committee notice of a public meeting regarding consent application#E94/94 submitted by Donck Farms Ltd. concerning Part Lot 8, Concession 9. Moved by J. Hagell 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 #E94/94 subject to the applicant making a $500 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously (h) County of Elgin Land Division Committee notice of a public meeting regarding consent application#E121/94 submitted by Frank&Monique Schroyens concerning Part Lot 10, Concession South Gore. 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 #E121/94 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 Committee be advised by the Township the subject lands conform to the Township Zoning By-law." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 101 - August 25, 1994 (i) Elgin County Ploughman's Association request for financial assistance. Moved by W. Casier Seconded by J. Hagell "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (j) Mark Bogart petition form improvements to the Wallace Drain. Moved by W. Casier Seconded by J. Hagell "THAT the correspondence be forwarded to Spriet Associates for review and comment." Disposition: Motion Carried Unanimously 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Chief Building Official regarding Building Permits issued for period ending July 31, 1994. Moved by J. Hagell Seconded by W. Casier "THAT the building permits for the month of July, 1994 be approved." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) DeCloet Ltd. application for an amendment to the Township Zoning By-law concerning Part Lots 22 & 23, Concession 9. Moved by W. Casier Seconded by J. Hagell "THAT the application of DeCloet Ltd. for an amendment to the Township Zoning By-law to change the Zoning on Part Lots 22 & 23, Concession 9 to Hamlet Residential (HR) and Agricultural (Al) be accepted and forwarded to the Township planning consultant for a by-law preparation." Disposition: Motion Carried Unanimously (b) Frank& Monique Schroyens application for an amendment to the Township Zoning By- law concerning Part Lot 10, Concession South Gore. COUNCIL MINUTES - 102 - August 25, 1994 Moved by J. Volkaert Seconded by W. Casier "THAT the application of Frank & Monique Schroyens for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 10, Concession South Gore 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 (c) Andy&Johanna Geurtjens application for an amendment to the Township Zoning By-law concerning Part Lot 16, Concession 4. Mr. Jack Petrie, agent for the applicants, appeared before Council to present this application. Mr. Petrie informed Council the purpose of the application is to permit the creation of a farm help lot for Mr. Geurtjens son and daughter-in-law. He noted this proposal is in accordance with the provisions of the Official Plan. Moved by W. Casier Seconded by J. Volkaert "THAT the application of Andy Geurtjens for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 16, Concession 4 to Rural Residential (RR) and Agricultural Special (A1) for the creation of a farm help lot be accepted and forwarded to the Township planning consultant for a by-law preparation." Disposition: Motion Carried Unanimously (d) Andy&Johanna Geurtjens application for an amendment to the Township Zoning By-law concerning Part Lot 28, Concession 3. Mr. Jack Petrie, agent for the applicants, appeared before Council to present this application. Mr. Petrie informed Council the purpose of the application is to permit the creation of a retirement lot. He noted this proposal is in accordance with the provisions of the Official Plan. In response to the Clerk's comment regarding the size of the proposed lot Mr. Petrie noted the large acreage was due to lot measurements extending to the bottom of the gulley surrounding the lot. Moved by W. Casier Seconded by J. Volkaert "THAT the application be deferred." Disposition: Motion Carried Unanimously (e) Leo & Edna Van Loy application for an amendment to the Township Zoning By-law concerning Part Lot 22, Concession 4. Moved by J. Volkaert Seconded by W. Casier "THAT the application be deferred." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 103 - August 25, 1994 (f) eny Farms application for an amendment to the Township Zoning By-law concerning Part Lot 124, Concession N.T.R. Mr. Jack Petrie, agent for the applicants, appeared before Council to present this application. Mr. Petrie noted that this application in conjunction with application 11(g) proposed to create 11 Hamlet Residential lots on existing road frontages. Moved by W. Casier Seconded by J. Volkaert "THAT the application be referred to the Township Planning Consultant for further review." Disposition: Motion Carried Unanimously (g) Michele Szorenyi application for an amendment to the Township Zoning By-law concerning Part Lot 124, Concession N.T.R. Moved by J. Hagell Seconded by W. Casier "THAT the application be referred to the Township Planning Consultant for further review." Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS No items. 13. OTHER BUSINESS No items. 14. BY-LAWS 94-46 A by-law to provide for the maintenance of the Adler, Am, Bartley, Benner, Bryant, Carnes "G", Carruthers, Coomber "B", "D", "E" and "G", Crossett, Deli, Dennis, Eden Main, Elliot No. 2, Emerson "d", Freeman Stoop, Hampton, Hedges, Juranics, Kapin, Ketchabaw No. 2, Lautenschlager, Meuller, Nevil, No. 1 Main, Pollick, C.E. Smith No. 2 and Winter Drains, sum of $18,711.47. 94-47 Confirming By-law Moved by J. Volkaert Seconded by W. Casier "THAT by-law 94-46 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT by-laws 94-46 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 104 - August 25, 1994 Moved by J. Hagell Seconded by W. Casier "THAT by-law 94-47 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT by-law 94-47 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by J. Hagell Seconded by W. Casier "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously d)//001419/1 REEVE CLERK COMMITTEE OF ADJUSTMENT OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILT,E, ONTARIO AUGUST 29, 1994 7:00 P.M. The Committee of Adjustment of the Corporation of the Township of Bayham met on August 29, 1994 at 7:00 p.m. in the Council Chambers to consider Application A/2/94 submitted by Roland Boileau. Present were Chair Joe Volkaert Sr., Vice Chair Wayne Casier, members Ron Chatten, Rose Laemers and Secretary Treasurer Donald W. MacLeod. 1. CALL TO ORDER The Chair called the meeting to order by stating at 7:00 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. MINUTES Moved by R. Chatten Seconded by L. Acre "THAT the minutes of June 7, 1994 be adopted." Disposition: Motion Carried Unanimously 4. APPLICATIONS (a) Application A/2/94 - Roland Boileau, Part Lot 126, Concession 7 N.T.R. 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 36.6m2 (387.5 sq. feet) to 71.35 m2 (768 sq. feet). He also advised the Committee the lot in question was vacant as the Boileau's lived on the lot to the west of the property i question. ii) PRESENTATION BY APPLICANT Mr. Roland Boileau 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 build a boat. iii) PUBLIC COMMENTS Mr. Mike Wells, neighbour to the east of the subject property, appeared before the Committee to object to the proposal. Mr. Wells raised concern over the proximity and size of the proposal to his property. He noted the building proposed would have 9' walls and would therefore have at least a 15 foot height. iv) COMMITTEE QUESTIONS AND DISCUSSIONS Chair Joe Volkaert stated his objection to the proposal as he felt it was too close to the Wells property. He noted the property was zoned residential and a building of this size should not be permitted. Member Ron Chatten agreed with the Chair the scope of development was too large for a residential area. Member Rose Laemers stated she also felt the size of the building was COMMITTEE OF ADJUSTMENT -- 8 AUGUST 29, 1994 MINUTES too large as well as being too close to the Wells property. 5. ACTION BY COMMITTEE Moved by W. Casier Seconded by L. Acre "THAT application A/2/94 to permit construction of an accessory building that will require relief from the Maximum Floor Area requirement for accessory buildings of 36.6m2 (387.5 sq. feet) to 71.35 m2 (768 sq. feet) be refused." Disposition: Motion Carried Unanimously 6. ADJOURNMENT Moved by J. Volkaert Seconded by W. Casier "THAT the Committee of Adjustment meeting be adjourned." Disposition: Motion Carried Unanimously CHAIRMAN SECRETARY TREASURER COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO SEPTEMBER 1, 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, September 1, 1994 in the Council Chambers. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors Wayne Casier, Jim Hagell, Doug Dennis, 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 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 August 25, 1994. Moved by J. Hagell Seconded by D. Dennis "THAT the minutes of August 24, 1994 be adopted as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) Mr. Peter Friesen and Mr. Don Wilson regarding proposed development in Lot 119, Concession N.T.R. Mr. Peter Friesen and Mr. Don Wilson appeared before Council regarding proposed development of a religious retreat in Lot 119, Concession N.T.R. This property is directly adjacent to Mr. Friesen's new house and across County Road 38 from Mr. Wilson's. Both Mr. Friesen and Mr. Wilson stated they are opposed to this proposed development. Mr. Wilson asked if there would be any chance for the public to have an opportunity to object to the proposal. The Clerk advised that in order for the development to proceed the subject property would have to be rezoned from Agricultural to Institutional and would have to go through the public meeting process. He also noted that if Council did approve a zone change the neighbours would have the opportunity to appeal the decision to the Ontario Municipal Board. 5. TENDERS No items. COUNCIL MINUTES - 106 - September 1, 1994 6. ACCOUNTS (a) Accounts for the period ending August 29, 1994. Moved by D. Dennis Seconded by J. Hagell "THAT the accounts for the period ending August 29, 1994 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 7:35 p.m. and advised Council the purpose of the meeting was to receive public input on one application for amendment to the Township Zoning By-law and Official Plan and three applications for amendments to the Zoning By-law. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. APPLICATIONS (a) An application submitted by Murray Emerson for an amendment to the Township Official Plan to change the designation from Agriculture to Rural Estate Residential and an amendment to the Zoning By-law to change the zoning from Agricultural (Al) to Estate Residential (ER) concerning Part Lot 13, 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 to Estate Residential and the Official Plan designation to Rural - Estate Residential. The subject lands are situated in an aesthetic setting on a tributary stream in the Big Otter Creek system and as such meets the criteria of Section 4.3.2. of the Official Plan for the redesignation of land for estate residential purposes. The effect of the amendments will be to permit the creation of 5 Estate Residential lots. The Clerk also noted each lot has an exception to the Estate Residential zoning category due to the fill line bisecting each lot and differing frontages. ii) Presentation By Applicant The applicant was not present. COUNCIL MINUTES - 107 - September 1, 1994 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. These were the only comments received from any of the agencies or ministries circulated. iv) Council Questions and Discussions There were no questions from Council. (b) An application submitted by Paul DePlancke for an amendment to the Township Zoning By-law to change the zoning from Agricultural (Al) to Rural Residential (RR) concerning Part Lot 16 & 17, Concession 8. 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) from Agricultural (Al) to facilitate the severance of a retirement lot. He noted the subject lot comply with the area and frontage requirements of the Zoning By-law. ii) Presentation By Applicant Mr. DePlancke was present and advised Council his son would in all likelihood be retiring on this lot. 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. These were the only comments received from any of the agencies or ministries circulated. iv) Council Questions and Discussions In reply to Reeve Chute's question Mr. Deplancke noted the lot was larger than required in the Zoning By-law so as to encompass the cleared field. (c) An application submitted by Donck Farms Ltd. for an amendment to the Township Zoning By-law to change the zoning from Agricultural (Al) to Rural Residential (RR) concerning Part Lot 8, Concession 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 Rural Residential (RR) from Agricultural (Al) to facilitate the severance of a lot for a dwelling unit for farm labour. He noted an application to the County of Elgin Land Division Committee had already appeared before Council. Presentation By Applicant Mr. Donck was not present. 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 except for the Elgin - St. Thomas Health Unit and the Ministry of Natural Resources replied with no objection. iii) Council Questions and Discussions Deputy Reeve Volkaert noted that he was not in agreement with the creation of a lot in the middle of the field, however he was not objecting the application. COUNCIL MINUTES - 108 - September 1, 1994 (d) An application submitted by Gerry Taylor for an amendment to the Township Zoning By-law to change the zoning from Agricultural (Al) to Rural Residential (RR) concerning Part Lot 122, 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 to Rural Residential (RR) from Agricultural (Al) to facilitate the severance of a retirement lot. He noted the remnant farm parcel will have less area than required in the Zoning By-law and is therefore has an exception to the Agricultural zone requirements. ii) Presentation By Applicant Mr. Taylor was not present. 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. These were the only comments received from any of the agencies or ministries circulated. iv) Council Questions and Discussions There were no 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 W. Casier Seconded by J. Hagell "THAT items 8(c), 8(d), 8(e), 8(f), 8(h), and 8(i) be received and filed." Disposition: Motion Carried Unanimously (a) Township of Norfolk correspondence regarding Fasseel Drain cleanout and maintenance. Moved by J. Volkaert Seconded by W. Casier "THAT a by-law given three readings to authorize the Reeve and Clerk to enter into an agreement with the Township of Norfolk for the cleanout and maintenance of the Fasseel Drain." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 109 - September 1, 1994 (b) Town of Tillsonburg correspondence regarding Rails to Greenways Steering Committee. Moved by J. Hagell Seconded by W. Casier "THAT the Town of Tillsonburg be advised that Doug Dennis and Margaret Howey will represent the Township of Bayham on Rails to Greenways Steering Committee." Dispositionz Motion Carried Unanimously (c) Copy of Correspondence from the County of Elgin to the Minister of Revenue regarding Supplementary Assessments. (Received and Filed) (d) Copy of Correspondence from the Town of Tillsonburg to Annie Hollingsworth regarding the keeping of a dangerous dog. (Received and Filed) (e) Lerner & Associates correspondence regarding Employment Equity. (Received and Filed) (1) Association of Municipalities of Ontario correspondence regarding City of London's legal challenge of Bill 120. (Received and Filed) (g) Spriet Associates correspondence regarding Robertson Bridge and DeDecker Bridge. Moved by J. Hagell Seconded by W. Casier "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 $98,446.72." Disposition: Motion Carried Unanimously (h) London International Children's Festival correspondence regarding a proposed application to conduct a nevada ticket lottery. (Received and Filed) (i) St. Thomas-Elgin Tourist Association request for financial assistance. (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Road Superintendent. Mr. James Gibbons was present to advise Council on Road Department activities for the period ending September 1, 1994. Mr. Gibbons advised Council that Bill Knight has completed rehabilitation of the Chrastina Pit and he also noted that the Ministry of Natural Resources has inspected the and is satisfied with the restorations to date. Mr. Gibbons informed Council that two road employees spent a full day with the installation of a private driveway culvert and drainage works. Council instructed the Clerk and Road Superintendent to prepare an access policy for Council's review. COUNCIL MINUTES - 110 - September 1, 1994 (b) Report from Clerk Treasurer regarding the status of property tax arrears. (Received and Filed) (c) Report from Chief Building Official regarding Building Permits issued for period ending August 29, 1994. Moved by J. Hagell Seconded by W. Casier "THAT the Building Permits for the month of August, 1994 be approved." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES Moved by J. Volkaert Seconded by W. Casier "THAT Council do now rise to enter into Committee of the Whole." Disposition: Motion Carried Unanimously At this point Council entered into Committee of the Whole to deal with a personnel matter. Moved by J. Volkaert Seconded by J. Hagell "THAT the Committee of the Whole do now rise without reporting." Disposition: Motion Carried Unanimously 11. APPLICATIONS Lloyd and Mryna Cowan application for an amendment to the Township Zoning By-law concerning Part Lot 21 & 22, Concession 8. Moved by J. Volkaert Seconded by W. Casier "THAT the application of Lloyd and Myrna Cowan for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 21 & 22, Concession 8 to permit establishment of a dwelling unit be accepted subject to the applicant submitting the required fee." Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Doyle & Prendergast correspondence regarding a proposed severance application submitted by Roger Morin. (August 4, 1994) (b) Andy&Johanna Geurtjens application for an amendment to the Township Zoning By-law concerning Part Lot 28, Concession 3. COUNCIL MINUTES - 111 - September 1, 1994 (c) Leo & Edna Van Loy application for an amendment to the Township Zoning By-law concerning Part Lot 22, Concession 4. Moved by J. Volkaert Seconded by W. Casier "THAT the application of Leo & Edna Van Loy for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 22, Concession 4 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 (d) Soreny Farms application for an amendment to the Township Zoning By-law concerning Part Lot 124, Concession N.T.R. (e) Michele Szorenyi application for an amendment to the Township Zoning By-law concerning Part Lot 124, Concession N.T.R. 13. OTHER BUSINESS No items. 14. BY-LAWS 94-48 A by-law to adopt Official Plan Amendment No. 99. (Emerson) 94-49 A by-law to enter into an agreement with the Township of Norfolk for maintenance of the Fasseel Drain. Z310/94 A by-law to amend Zoning By-law No. 2387 (Emerson) Z311-94 A by-law to amend Zoning By-law No. 2387 (G. Taylor) Z312/94 A by-law to amend Zoning By-law No. 2387 (Donck Farms Ltd.) Z313-94 A by-law to amend Zoning By-law No. 2387 (DePlancke) 94-50 Confirming By-law Moved by J. Volkaert Seconded by W. Casier "THAT by-laws 94-48, Z310-94, Z311-94, Z312-94 and Z313-94 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by D. Dennis "THAT by-laws 94-48, Z310-94, Z311-94, Z312-94 and Z313-94 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 112 - September 1, 1994 Moved by J. Hagell Seconded by D. Dennis "THAT by-law 94-50 be taken as read a first and second time." Disposition, Motion Carried Unanimously Moved by D. Dennis Seconded by W. Casier "THAT by-law 94-50 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by D. Dennis Seconded by J. Hagen "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously 9 / / REEVE CLERK COUNCIL MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO SEPTEMBER 15, 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, September 15, 1994 in the Council Chambers. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors Wayne Casier, Jim Hagell, Doug Dennis, Drainage Superintendent Dwayne Daniel and Clerk Treasurer Donald W. MacLeod. 1. CALL TO ORDER Reeve Vane Chute called the meeting to order at 7:32 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 September 1, 1994. Moved by W. Casier Seconded by J. Hagell "THAT the minutes of September 1, 1994 be adopted as circulated." 4. DELEGATIONS (a) 7:30 p.m. - Hampton Drain ratepayers regarding condition of the Hampton Drain. Mr. Frank Schroyens and Mr. James Mitchell appeared before Council to give input on options for repairs to the Hampton Drain. Drainage Superintendent Dwayne Daniel reviewed the history of the drain noting that a lengthy portion of the drain is filled with sand. It was agreed by Mr. Schroyens and Mr. Mitchell that Mr. Daniel would conduct an investigation after the crops are taken off. (b) 8:00 p.m. - Mr. Jack Barclay and Mr. Jim Grass of the Straffordville Lions Club regarding proposed construction of a picnic pavilion at the Bayham Community Centre. Mr. Jack Barclay, Mr. Jim Grass and Mr. Ben Vandevyvere of the Straffordville Lions Club appeared before Council to request permission to erect a 40' x 60' open air picnic pavilion to the west of the playground equipment at the Bayham Community Centre. In response to the Township's request made at the April 21, 1994 Council meeting Mr. Barclay replied that the cost of an open air ice pad at the Community Centre was beyond the means of the Lions Club. Council agreed with Mr. Barclay and asked that plans and cost estimates be submitted prior to construction. COUNCIL MINUTES - 114 - September 15, 1994 5. TENDERS (a) Highway #19 Watermain extension. Moved by D. Dennis Seconded by J. Hagell "THAT tender bid submitted by Omega Contractors in the amount of$148,368.00 for the Highway 19 Watermain project be accepted subject to the Township receiving a credit of $7,144.00 if Ductile Iron pipe is used." Disposition: Motion Carried Unanimously 6. ACCOUNTS (a) Accounts for the period ending September 13, 1994. Moved by J. Hagell Seconded by D. Dennis "THAT the accounts for the period ending September 14, 1994 be approved." Disposition: Motion Carried Unanimously 7. PUBLIC MEETINGS No meetings scheduled. 8. CORRESPONDENCE Moved by W. Casier Seconded by J. Hagell "THAT items 8(a), 8(b), 8(c), 8(e), 8(g), 8(h) and 8(i) be received and filed." Disposition: Motion Carried Unanimously (a) Minister of Municipal Affairs correspondence regarding a resolution passed by the Township of Bayham with respect to Bill 163. (Received and Filed) (b) Copy of Ministry of Transportation Encroachment Permit issued to Gordon Propper. (Received and Filed) (c) Long Point Region Conservation Authority circulation of minutes of a meeting held August 3, 1994. (Received and Filed) (d) Spriet Associates correspondence regarding a request from Mark Bogart to locate a catch basin on the Wallace Drain. Mr. Ray Bosma, Mr. Mark Bogart and John Spriet, Township drainage engineer were present to discuss possible solutions to flooding on the Wallace Drain. Mr. Bogart requested that a catch basin be installed at the property line between his farm and the Bosma farm to handle water that ponds due to several factors. Mr. Spriet noted that if a catch basin was installed the downstream tile would under greater pressure and would enhance the possibility of blowouts. Dwayne Daniel and Ray Bosma agreed the portion COUNCIL MINUTES - 115 - September 15, 1994 of drain in question had sustained several blowouts over the last several years. It was suggested that a standpipe be installed as a method to try and alleviate future flooding. It was agreed to by Mr. Bogart and Mr. Bosma to undertake this measure. Mr. Spriet advised Mr. Bogart this would be carried out at his expense. Moved by W. Casier Seconded by J. Volkaert "THAT Spriet Associates be instructed to prepare a report in response to a request from Mark Bogart to install a standpipe on the Wallace Drain. Disposition: Motion Carried Unanimously (e) Cyril J. Demeyere Limited correspondence regrading a Public Meeting in the Village of Vienna concerning pollution of Big Otter Creek. (Received and Filed) (f) East Elgin Community Committee Against Violence request for the proclamation of the month of November as "Violence Awareness Month". Moved by J. Volkaert Seconded by J. Hagell "THAT the Council of the Corporation of the Township of Bayham does hereby proclaim the month of November as Violence Awareness month." Disposition: Motion Carried Unanimously (g) The Elgin Federation of Agriculture correspondence regarding the use of abandoned railway right-of-ways. (Received and Filed) (h) Elgin Community Leaders' September/October newsletter. (Received and Filed) (i) Long Point Region Conservation Authority notice of a meeting regarding Lower Big Otter Remedial Project (LBORP). (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS Moved by J. Volkaert Seconded by W. Casier "THAT reports 9(c) and 9(d) be added to the list of business." Disposition: Motion Carried Unanimously Moved by J. Hagell Seconded by D. Dennis "THAT report 9(a) be received and filed." Disposition: Motion Carried Unanimously (a) Report from Clerk Treasurer regarding Transfer Station. (Received and Filed) COUNCIL MINUTES - 116 - September 15, 1994 (b) Report from Clerk Treasurer regarding CP Rail Line. Moved by J. Volkaert Seconded by W. Casier "THAT report 9(b) be deferred." Disposition: Motion Carried Unanimously (c) Report from Clerk Treasurer regarding proposed firehall. Moved by D. Dennis Seconded by W. Casier "THAT the Clerk Tireasurer be instructed to submit an application to the Canada/Ontario Infrastructure Program for the construction of a new firehall." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS No items. 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Doyle & Prendergast correspondence regarding a proposed severance application submitted by Roger Morin. (August 4, 1994) (b) Andy&Johanna Geurtjens application for an amendment to the Township Zoning By-law concerning Part Lot 28, Concession 3. Moved by W. Casier Seconded by J. Hagell "THAT the application of Andy & Johanna Geurtjens for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 28, Concession 3 from Agricultural (Al) to Rural Residential (RR) to permit establishment of a retirement dwelling be accepted and forwarded to the Township Planning Consultant for by-law preparation." Disposition: Motion Carried Unanimously (c) Soreny Farms application for an amendment to the Township Zoning By-law concerning Part Lot 124, Concession N.T.R. (d) Michele Szorenyi application for an amendment to the Township Zoning By-law concerning Part Lot 124, Concession N.T.R. COUNCIL MINUTES - 117 - September 15, 1994 13. OTHER BUSINESS No items 14. BY-LAWS 94-51 A by-law to authorize construction of the Highway 19 watermain. 94-52 A by-law to repeal By-law No. 94-12 and to amend By-law No. 93-6 (Ben Vandevyvere's appointment By-law). 94-53 Confirming By-law Moved by J. Volkaert Seconded by D. Dennis "THAT by-laws 94-51 and 94-52 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by D. Dennis Seconded by J. Hagell "THAT by-laws 94-51 and 94-52 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 94-53 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Hagell Seconded by W. Casier "THAT by-law 94-53 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by D. Dennis Seconded by J. Hagell "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously 67:2;°-P-5:72 4 ti REEVE CLERK SPECIAL COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP (OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO SEPTEMBER 28, 1994 9:00 A.M. A special meeting of the Council of the Township of Bayham was held at 9:00 a.m. on Thursday, September 28, 1994 in the Council Chambers. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councilors Wayne Cagier, Jim Hagell, Doug Dennis, and Clerk Treasurer Donald W. MacLeod. 1. CALL TO ORDER Reeve Chute requested a resolution to call the special meeting to order. Moved by J. Volkaert Seconded by W. Casier "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 No member of Council made a disclosure of pecuniary interest and the general nature therefore. 3. MINUTES (a) Minutes from the regular Council meeting held September 15, 1994. Moved by W. Casier Seconded by J. Hagell "THAT the minutes of September 15, 1994 be adopted as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:00 a.m. - Fire Chief and Deputy Fire Chief regarding proposed firehall plans. Fire Chief Ken Lamers and Deputy Fire Chief Merlin Norris appeared before Council to review plans of existing firehalls. Discussion ensued on the type of hall that would best suite the needs of Bayham Township and it was felt that a tour of area firehalls should be conducted prior to finalizing the design of the proposed building. (b) 11:00 a.m. - Mr. Gary Blazak regarding proposed Official Plan Amendments in the hamlet of Straffordville. The Township Planning Consultant, Gary Blazak, appeared before Council in response to development proposals in the hamlet of Straffordville. Mr. Blank advised Council that future lot creations on land owned by Soreny Farms Ltd, Michele Szorenyi and Blondeel Nursery Inc. should proceed by plan of subdivision. SPECIAL COUNCIL MINUTES - 119 - September 28, 1994 5. TENDERS No items. 6. ACCOUNTS No items. 7. PUBLIC MEETINGS No meetings scheduled. 8. CORRESPONDENCE Moved by J. Volkaert Seconded by W. Casier "THAT items 8(a), 8(b), 8(c) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of Agriculture, Food &Rural Affairs correspondence regarding appointment of Scott Oliver as Land Use Specialist. (Received and Filed) (b) Long Point Region Conservation Authority notice for proposals for 1995 capital and program-related projects. (Received and Filed) (c) Ministry of Municipal Affairs correspondence regarding Official Plan Amendment No. 92 (Reiser/Wiggers). (Received and Filed) (d) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E127194 submitted by Soreny Farms Limited concerning Part Lot 124, Concession N.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 application #E127/94 be refused." Disposition: Motion Carried Unanimously (e) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E128194 submitted by Soreny Farms Limited concerning Part Lot 124, Concession N.T.R. Moved by D. Dermis Seconded by J. Hagell "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends application #E128/94 be refused." Disposition: Motion Carried Unanimously SPECIAL COUNCIL MINUTES - 120 - September 28, 1994 (f) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E129/94 submitted by Soreny Farms Limited concerning Part Lot 124, Concession N.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 application #E129/94 be refused." Disposition: Motion Carred Unanimously (g) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E130/94 submitted by Michele Szorenyi concerning Part Lot 124, Concession N.T.R. Moved by J. Volkaert Seconded by W. Casier "THAT the County of Elgin Land Division Committee be advised the Council of the Township recommends approval of Application #E130/94 subject to the following conditions: 1. The applicant make a cash payment to the Township in lieu of parkland dedication. 2. The subject property be rezoned to conform with the Township Zoning By- law. Disposition: Motion Carried Unanimously (h) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E131/94 submitted by Michele Szorenyi concerning Part Lot 124, Concession N.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 application #E131/94 be refused." Disposition: Motion Carried Unanimously (i) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E132/94 submitted by Michele Szorenyi concerning Part Lot 124, Concession N.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 application #E132/94 be refused." Disposition: Motion Carried Unanimously (j) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E133/94 submitted by Michele Szorenyi concerning Part Lot 124, Concession N.T.R. SPECIAL COUNCIL MINUTES - 121 - September 28, 1994 Moved by D. Dennis Seconded by J. Hage11 "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends application #E133/94 be refused." Disposition: Motion Carried Unanimously (k) County of Elgin Land Division Committee notice of a public meeting regarding consent application#E136194 submitted by Kenneth&Rosemarie Tasker concerning Part Lot 14, Concession 10. Moved by J. Hagell Seconded by W. Casier "THAT the County of Elgin Land Division be advised the Council of the Township of Bayham recommends approval of Application #E136194 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 No items. 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) Tile Drainage Loan Application submitted by Rudy and Susan Garner concerning Part Lot 126, Concession 6. Moved by W. Casier Seconded by J. Volkaert "THAT the Tile Drainage Loan of Lamers Nuthaven Farms Ltd. be accepted." Disposition: Motion Carried Unanimously (b) G. & C. Bechard Sales and Service Limited application for an amendment to the Township Zoning By-law concerning Lots 18, 19, 20 & 20, south of Fifth Street and Lots 15, 16 & 17, Plan 205. Moved by D. Dennis Seconded by W. Casier "THAT the application be deferred." Disposition: Motion Carried Unanimously (c) Soper Building Supplies Limited application for an amendment to the Township Zoning By-law concerning 28 Main Street, Straffordville (Lot 12, Part Lot 11, Plan 205 and Part Lot 125, Concession S.T.R.). SPECIAL COUNCIL MINUTES - 122 - September 28, 1994 Moved by J. Hagell Seconded by W. Casier "THAT the application of Soper Building Supplies Limited for an amendment to the Township Zoning By-law to change the Zoning on 28 Main Street,Straffordville (Lot 12, Part Lot 11, Plan 205 and Part Lot 125, Concession S.T.R.) from Hamlet Commercial (HC) to Hamlet Residential (HR) be accepted and forwarded to the Township Planning Consultant for by-law preparation." Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Doyle & Prendergast correspondence regarding a proposed severance application submitted by Roger Morin. (August 4, 1994) (b) Soreny Farms application for an amendment to the Township Zoning By-law concerning Part Lot 124, Concession N.T.R. (c) Michele Szorenyi application for an amendment to the Township Zoning By-law concerning Part Lot 124, Concession N.T.R. 13. OTHER BUSINESS No items. 6 14. BY-LAWS 94-54 A by-law to authorize the Reeve and Clerk to enter into an agreement with Soreny Farms Limited for the purchase, by the Township, of Lots 16 & 17, south of Fourth Street and Lots 12 & 13, north of Third Street, Plan 205. 94-55 Confirming By-law Moved by J. Volkaert Seconded by W. Casier "THAT by-law 94-54 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier "THAT by-law 94-54 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 94-55 be taken as read a first and second time." Dispositions Motion Carried Unanimously SPECIAL COUNCIL MINUTES - 123 - September 28, 1994 Moved by W. Casier Seconded by I. Hagell "THAT by-law 94-55 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 =0D Whal(44e1 REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVJT.I.E, ONTARIO OCTOBER 6, 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 6, 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 No member of Council made a disclosure of pecuniary interest and the general nature thereof. 3. MINUTES (a) Minutes from the special Council meeting held September 6, 1994. Moved by W. Casier Seconded by J. Volkaert "THAT the minutes of September 28, 1994 be adopted as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS None scheduled. 5. TENDERS (a) 8:30 p.m. Bartlett Bridge concrete deck rehabilitation. Moved by J. Volkaert Seconded by W. Casier "THAT the tender bid submitted by Flginfield Construction in the amount of $6,848.00 for laying of a cement deck on the Bartlett Bridge be accepted." Disposition: Motion Carried Unanimously 6. ACCOUNTS (a) Accounts for the period ending October 15, 1994. Moved by J. Hagell Seconded by D. Dennis "THAT the accounts for the period ending October 15, 1994 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 125 - October 6, 1994 7. PUBLIC MEETINGS Moved by D. Dennis Seconded by J. Hagell "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 four 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 Andy & Johanna Geurtjens for an amendment to the Township Zoning By-law to change the zoning from Agricultural (Al) to Rural Residential (RR) concerning Part Lot 28, 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) from Agricultural (A1)to facilitate the severance of a retirement lot. He noted that Council had conducted a site visit for this proposal and the acreage was not sufficient to permit a second severance unless a subsequent special zoning was placed on the subject property. ii) Presentation By Applicant The applicant was not present. Public Comments Mr. Pierre Crevits appeared to voice his objection to rural severances due to land use conflicts between residential properties and agricultural farm practices. No other member of the public appeared to speak against or for the proposed amendment. The Clerk advised that comments were received from the Elgin - St. Thomas Health Unit and the Ministry of Natural Resources advising they had no objections to the proposal. iv) Council Questions and Discussions Deputy Reeve Volkaert stated he was not in favour of allowing a severance with such a large acreage. He was concerned that the parcel could be further subdivided. Councillor Hagell concurred with Deputy Reeve Volkaert that the Township should not be allowing severances with an acreage larger than 1 acre. Councillor Casier noted the proposal was at the southern property boundary and therefore removed from the larger farm holding by a gulley on two sides and as such made the larger acreage a necessity. (b) An application submitted by Andy & Johanna Geurtjens for an amendment to the Township Zoning By-law to change the zoning from Agricultural (Al) to Rural Residential (RR) concerning Part Lot 16, Concession 4. COUNCIL MINUTES - 126 - October 6, 1994 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) from Agricultural (Al) to facilitate the severance of a lot for a dwelling unit for farm labour. He noted the proposal meets the minimum requirements of the Zoning By-law. ii) Presentation By Applicant The applicant was not present. iii) Public Comments No member of the public appeared to speak against or for the proposed amendment. The Clerk advised that comments were received from the Elgin - St. Thomas Health Unit and the Ministry of Natural Resources advising they had no objections to the proposal. iv) Council Questions and Discussions There were no questions from Council. (c) An application submitted by Decloet Ltd. for an amendment to the Township Zoning By-law to change the zoning from Rural Industrial (M2) to Hamlet Residential (HR) and Agricultural (Al) concerning Part Lot 22 & 23, Concession 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 Hamlet Residential (HR) and Agricultural (Al) from Rural Industrial (M2) to facilitate the severance of a lot for a dwelling unit and to add a parcel of land to an adjacent farm operation. He noted the proposal meets the minimum requirements of the Zoning By-law for the hamlet residential zone. ii) Presentation By Applicant The applicant was not present. iii) Public Comments No member of the public appeared to speak against of for the proposed amendment. The Clerk advised that comments were received from the Elgin - St. Thomas Health Unit and the Ministry of Natural Resources advising they had no objections to the proposal. iv) Council Questions and Discussions There were no questions from Council. (d) An application submitted by Frank & Monique Schroyens for an amendment to the Township Zoning By-law to change the zoning from Agricultural (Al) to Rural Residential (RR) concerning Part Lot 10, Concession South Gore. 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)from Agricultural (Al)to facilitate the severance of a retirement lot. ii) Presentation By Applicant Neither the applicant or his agent was present. iii) Public Comments Mr. Pierre Willy Rycquart appeared to voice trepidation that this proposal could lead to potential conflicts as his adjacent property is used as a landing strip. Mr. Rycquart requested the minutes of the meeting reflect his concern so that if complaints do arise his concern was noted. The Clerk advised that comments were received from the Elgin - St. Thomas Health Unit and the Ministry of Natural Resources advising they had no objections to the proposal. COUNCIL MINUTES - 127 - October 6, 1994 iv) Council Ouestions and Discussions Reeve Chute requested that the Clerk send a letter to the applicant advising him of the concern noted by Mr. Rycquart. 4. ADJOURNMENT Moved by W. Casier 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(b), 8(c), 8(d), 8(e), and 8(f) be received and filed." Disposition: Motion Carried Unanimously (a) County of Elgin correspondence regarding Draft Municipal Addressing Program Guidelines Manual. Moved by J. Volkaert Seconded by W. Casier "THAT the Council of the Township of Bayham endorses, in principal, the Draft Municipal Addressing Program Guidelines Manual dated September 3, 1994." Disposition: Motion Carried Unanimously (b) Long Point Region Conservation Authority correspondence regarding Lower Big Otter Remedial Project. (Received and Filed) (c) Cyril J. Demeyere Limited correspondence regarding Village of Vienna, Class Environmental Assessment, Pollution of Big Otter Creek. (Received and Filed) (d) Long Point Region Conservation Authority circulation of minutes of a meeting held September 7, 1994, (Received and Filed) (e) Township of Burford correspondence regarding "Rails to Trails". (Received and Filed) (f) Association of Municipalities of Ontario report entitled Developing New Decision- Making Practices for Councils and Councilors. (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Road Superintendent. Mr. James Gibbons was present to advise Council on Road Department activities for the period ending October 6, 1994. Mr. Gibbons advised Council that rehabilitation of the Bartlett Bridge deck will commence on October 11. Mr. Gibbons estimated the repairs COUNCIL MINUTES - 128 - October 6, 1994 would take approximately 2 - 21 weeks. Mr. Gibbons noted that gravelling of Hendricks Road and Dennis Sideroad was complete. (b) Report from Chief Building Official regarding Building Permits issued for period ending September 30, 1994. Moved by W. Casier Seconded by J. Hagell "THAT the building permits for the month of September, 1994 be approved." 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 the report be deferred." Disposition: Motion Carried Unanimously (d) Report from Clerk Treasurer regarding an application for an encroachment permit submitted by Jack Barker. (available at Council meeting) Moved by D. Dennis Seconded by J. Hagell "THAT the report be deferred." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS No items. 12. UNFINISHED BUSINFSS AND DEFERRED ITEMS (a) Doyle & Prendergast correspondence regarding a proposed severance application submitted by Roger Morin. (August 4, 1994) Moved by J. Volkaert Seconded by J. Hagell "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (b) Soreny Farms application for an amendment to the Township Zoning By-law concerning Part Lot 124, Concession N.T.R. COUNCIL MINUTES - 129 - October 6, 1994 (c) Michele Szorenyi application for an amendment to the Township Zoning By-law concerning Part Lot 124, Concession N.T.R. (d) G. & C. Bechard Sales and Service Limited application for an amendment to the Township Zoning By-law concerning Lots 18, 19, 20 & 20, south of Fifth Street and Lots 15, 16 & 17, Plan 205. Moved by J. Volkaert Seconded by W. Casier "THAT the application of G. & C. Bechard Sales and Service Limited for an amendment to the Township Zoning By-law to change the Zoning on Lots 18, 19, 20 and 21, south of Fifth Street and Lots 15, 16 & 17, Plan 205 from Future Development (FD) to Rural Industrial (M2) be accepted and forwarded to the Township Planning Consultant for by-law preparation." Disposition: Motion Carried Unanimously 13. OTHER BUSINESS The Clerk advised Council that a tour of area fireballs had been conducted by the Clerk, Deputy Reeve, Fire Chief and Deputy Fire Chief and that a preliminary plan had been prepared based on the firehalls toured. Moved by J. Volkaert Seconded by W. Casier "THAT Spriet Associates London Limited be appointed as consulting engineers for the construction of a new fireball. Disposition: Motion Carried Unanimously 14. BY-LAWS Z314/94 A by-law to amend Zoning By-law No. 2387 (Geurtjens retirement) Z315-94 A by-law to amend Zoning By-law No. 2387 (Geurtjens farm help) Z316/94 A by-law to amend Zoning By-law No. 2387 (Decloet Ltd.) Z317-94 A by-law to amend Zoning By-law No. 2387 (Schroyens) 94-56 Confirming By-law Moved by J. Hagell Seconded by W. Casier "THAT by-laws Z314/94, Z315/94, Z316/94 and Z317/94 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by D. Dennis Seconded by W. Casier "THAT by-laws Z314/94, Z315/94, Z316/94 and Z317/94 be taken as read a third COUNCIL MINUTES - 130 - October 6, 1994 time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier "THAT by-law 94-56 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Hagell "THAT by-law 94-56 be taken as read 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 /071) ' REEVE CLERK COMMITTEE OF ADJUSTMENT OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO NOVEMBER 8, 1994 7:00 P.M. The Committee of Adjustment of the Corporation of the Township of Bayham met on November 8, 1994 at 7:00 p.m. in the Council Chambers to consider Application A/3/94 submitted by Michael &Ann Suto. Present were Chair Joe Volkaert Sr., Vice Chair Wayne Casier, members Ron Chatten, Rose Laemers and Secretary Treasurer Donald W. MacLeod. 1. CALL TO ORDER The Chair called the meeting to order by stating at 7:05 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/3/94 - Michael & Ann Suto, Part Lot 126, Concession 7 N.T.R. i) STAFF REPORT The Secretary Treasurer advised the Committee the minor variance was necessary to recognize a garage that was constructed in 1994 that will require relief from the side yard requirement of 3.0 m (9.84 feet) to 1.38 m (4.54 feet) as set out in the Township of Bayham Zoning By-Law No. 2387. ii) PRESENTATION BY APPLICANT Mr. Wayne Eitel, agent for the applicants, was present and advised the Committee the garage was constructed closer to the lot than permitted through inadvertence by the Suto's. He stated they were not entirely sure where the lot line was. In reply to Member Casier's question Mr. Eitel stated he was unaware if the building was constructed without the issuance of a building permit. The Secretary Treasurer advised the Committee that a permit had been issued for the garage, and that all zoning setbacks were noted on the permit. Debate ensued as to whether the building was constructed prior to issuance of a building permit. iii) PUBLIC COMMENTS Mr. Matt Schafer, an adjacent landowner, appeared before the Committee to raise concern over the closeness of the garage to the lot line. Mr. Schafer noted the Suto's property was approximately 11 acres and it seemed absurd that a building would require a minor variance on such a large piece of property. iv) COMMrITEE QUESTIONS AND DISCUSSIONS Member Ron Chatten addressed Mr. Eitel by stating in his opinion the Committee cannot condone buildings that are built and attempt to legalize deficiencies after construction. Chair Joe Volkaert concurred with Mr. Chatten, however, he noted the Committee must decided if the variance requested is minor in nature and if it maintains the spirit and intent of the Zoning By-law and Official Plan. COMMITTEE OF ADJUSTMENT 8 NOVEMBER 8, 1994 MINUTES 4. ACTION BY COMMITTEE Moved by R. Chatten Seconded by J. Volkaert "THAT application A/3/94 to recognize a previously constructed accessory building that will require relief from the Side Yard Width requirement for accessory buildings of 3.0 m (9.84 feet) to 1.38 m (4.54 feet) be refused." Disposition: Motion Lost Moved by J. Volkaert Seconded by R. Laemers "THAT application A/3/94 to recognize a previously constructed accessory building that will require relief from the Side Yard Width requirement for accessory buildings of 3.0 m (9.84 feet) to 1.38 m (4.54 feet) be approved." Member Ron Chatten requested a recorded Vote Wayne Casier Yes Ron Chatten No Rose Laemers Yes Joe Volkaert Yes Disposition: Motion Carried 5. ADJOURNMENT Moved by J. Volkaert 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.O. BOX 160 STRAFFORDVILLE, ONTARIO NOVEMBER 3, 1994 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 3, 1994 in the Council Chambers. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors Wayne Casier, Jim Hagell, Doug Dennis, Chief Building Official Dwayne Daniel and Clerk Treasurer Donald W. MacLeod. 1. CALL TO ORDER Reeve Chute called the meeting to order at 9:00 a.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Dennis noted disclosure of pecuniary interest and the general nature thereof with respect to agenda item 4(a). 33. MINUTES (a) Minutes from the regular Council meeting held October 20, 1994. Moved by W. Casier Seconded by J. Hagell "THAT the minutes of October 20, 1994 be adopted as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:30 a.m. - Jennifer & Rob Valcke regarding establishment of an automobile wrecking yard at Part Lot 131, Concession N.T.R. Jennifer, Rob and Dan Valcke appeared before Council regarding establishment of an automobile and farm equipment recycling facility at Part Lot 131, Concession N.T.R. Mr. Dan Valcke presented a letter to Council outlining the proposal. Council advised the Valcke's that the matter will be reviewed by the Township's planning consultant and that a response would be forwarded as soon as possible. (b) 10:45 a.m. - Mr. Jack Petrie regarding agenda items 11(a), 11(b), 11(c), 11(d) and 11(e). (c) 11:00 a.m. - Kevin Mcllmurray of Spriet Associates regarding Township Firehall. Mr. Kevin McIlmurray of Spriet Associates was present to review draft plans of the new Township Firehall. Mr. Mcllmurray suggested the Fire Department staff review the plans and advise him of any suggested changes. Council concurred with Mr. Mcllmurray. Upon notification of changes, tender documents would be prepared in order for an early January tender call 5. TENDERS No items. COUNCIL MINUTES - 137 - November 3, 1994 6. ACCOUNTS (a) Accounts for the period ending November 15, 1994. Moved by D. Dennis Seconded by J. Hagell "THAT the accounts for the period ending November 15 ,1994 be approved." Disposition: Motion Carried Unanimously 7. PUBLIC MEETINGS No meetings scheduled. 8. CORRESPONDENCE Moved by D. Dennis Seconded by J. Hagell "THAT items 8(a),(b),(c), and (d) be received and filed." Disposition: Motion Carried Unanimously (a) Long Point Region Conservation Authority circulation of minutes of a meeting held October 5, 1994. (Received and Filed) (b) Minister of Agriculture and Food correspondence regarding Township Resolution concerning municipal drain maintenance. (Received and Filed) (c) County of Elgin correspondence regarding winter control on County Roads. (Received and Filed) (d) Copy of correspondence from the Town of Tillsonburg to the County of Elgin regarding rails to greenways. (Received and Filed) (e) Long Point Region Conservation Authority - Lower Big Otter Creek Remedial Project circulation of proposed Terms of Reference. Moved by W. Casier Seconded by J. Volkaert "THAT the Long Point Region Conservation Authority be advised the Council of the Township hereby endorses the Project Proposal/Terms of Reference for the Lower Big Offer Remedial Project." Disposition: Motion Carried Unanimously (f) Letter of resignation of submitted by Lorraine Moore. Moved by I. Volkaert Seconded by D. Dennis COUNCIL MINUTES - 138 - November 3, 1994 "THAT the letter of resignation of Lorraine Moore be accepted with regret." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Hagell "THAT Council do now rise to enter into Committee of the Whole." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT the Committee of the Whole rise with a report in respect to a personnel matter." Disposition: Motion Carried Unanimously Moved by J. Hagell Seconded by D. Dennis "THAT the report of Committee of the Whole be adopted." Disposition: Motion Carried Unanimously 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Clerk Treasurer regarding proposed Zoning By-law Amendment concerning mobile homes. Moved by J. Volkaert Seconded by W. Casier "THAT Council pass By-law Z294-94 so as to amend By-law No. 2387 to prohibit the use of mobile homes as supplementary farm dwelling units." Disposition: Motion Carried Unanimously (b) Report from Clerk Treasurer regarding proposed Zoning By-law Amendment concerning obnoxious uses. Moved by J. Hagell Seconded by W. Casier "THAT Council pass By-law Z318-94 so as to amend By-law No. 2387 to establish minimum setbacks to or from certain obnoxious uses." Disposition: Motion Carried Unanimously (c) Report from Chief Building Official regarding building permits issued for the period ending October 31, 1994. Moved by W. Casier Seconded by D. Dennis COUNCIL MINUTES - 139 - November 3, 1994 "THAT the building permits for the month of October, 1994 be approved." Disposition: Motion Carried Unanimously (d) Report from Clerk Treasurer regarding 1994 tax write offs. Moved by J. Volkaert Seconded by W. Casier "THAT taxes in the amount of $4,155.16 be written off pursuant to Section 442 of the Municipal Act." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) Janet Cromie application for an amendment to the Township Zoning By-law concerning Part Lot 13, Concession 4. Moved by J. Volkaert Seconded by D. Dennis "THAT the application of Janet Cromie for an application to amend the Township Official Plan be deferred." Disposition: Motion Carried Unanimously (b) Charles Newland application for an amendment to the Township Zoning By-law concerning Part Lot 6, Concession 8. Moved by W. Casier Seconded by J. Volkaert "THAT the application of Charles Newland for an application to amend the Township Zoning By-law to change the zoning on Part Lot 6, Concession 8 to Rural Residential to allow the addition of a parcel of land to an existing Rural Residential lot be accepted and forwarded to the Township Planning Consultant for by-law preparation." Disposition: Motion Carried Unanimously (c) Ross Carson Farms Ltd. application for an amendment to the Township Zoning By-law concerning Part Lot 23, Concession 9. Moved by D. Dennis Seconded by J. Hagell "THAT the application of Ross Carson Farms Ltd. for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 23, Concession 9 to Rural Residential to permit the creation of a retirement lot be accepted and forwarded to the Township planning consultant for a by-law preparation." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 140 - November 3, 1994 (d) Steve and Ola Nezezon application for an amendment to the Township Zoning By-law concerning Part Lot 20, Concession 3. Moved by J. Volkaert Seconded by W. Casier "THAT the application of Steve & Ola Nezezon for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 20, Concession 3 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 (e) Andrew &Gertie Vryburg application for an amendment to the Township Zoning By-law concerning Part Lot 116, Concession N.T.R. Moved by J. Volkaert Seconded by W. Casier "THAT the application of Andrew & Gertie Vryburg for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 116, Concession N.T.R. to Rural Residential to permit the creation of a farm help 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 No items. 13. OTHER BUSINESS 14. BY-LAWS Z294/94 A by-law to amend By-law No. 2387. (Mobile Home By-law) Z318/94 A by-law to amend By-law No. 2387 (Obnoxious Uses) 94-61 Confirming By-law Moved by J. Hagell Seconded by D. Dennis "THAT by-laws Z294-94 and Z318194 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Caster Seconded by D. Dennis "THAT by-laws Z294-94 and Z318/94 be taken as read a third time and fmally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 141 - November 3, 1994 Moved by J. Volkaert Seconded by W. Casier "THAT by-law 94-61 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by D. Dennis Seconded by W. Casier "THAT by-law 94-61 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by J. Hagen Seconded by D. Dennis "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously I REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO NOVEMBER 17, 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, November 17, 1994 in the Council Chambers. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councilors Wayne Casier, Jim Hagell, Doug Dennis 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 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 November 3, 1994. Moved by J. Volkaert Seconded by W. Casier "THAT the minutes of November 3, 1994 be adopted as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:00 p.m. - John Howey et al regarding the abandoned CP Rail right-of-way. John Howey, Doug Howey, Matt Schafer, Joan Gregson and John Sebok appeared before Council to voice objection to the use of the abandoned CP Rail right-of-way as a hiking trail. Mr. John Howey requested that Council pass a resolution to oppose Rails to Trails. Mr. Howey also noted that adjacent landowners realized that if the Township did purchase the land, there would be a cost for the landowners to purchase it. Moved by W. Casier Seconded by J. Hagell "THAT the Reeve be authorized to attend a meeting on November 30, 1994 at Covey's Restaurant with regard to the possible use of the CP Rail Right-of-way for Rails to Trails; AND THAT Reeve Chute convey Council's opposition to the concept of Rails to Trails for the CP Rail Right-of-Way through Bayham Township." A recorded vote was requested. Casier Yes Chute Yes Dennis No Hagell Yes Volkaert Yes Disposition: Motion Carried COUNCIL MINUTES - 143 - November 17, 1994 5. TENDERS No items. 6. ACCOUNTS (a) Accounts for the period ending November 30, 1994. Moved by W. Casier Seconded by J. Volkaert "THAT the accounts for the period ending November 30, 1994 be approved for payment." Disposition: Motion Carried Unanimously 7. PUBLIC MEETINGS Moved by W. Casier Seconded by J. Hagell "THAT the Council meeting be adjourned for the purpose of holding a public meeting pursuant to the provisions of the Planning Act." Disnosition: Motion Carried Unanimously 1. CALL TO ORDER Reeve Chute called the meeting to order at 7:35 p.m. and advised Council the purpose of the meeting was to receive public input on four 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 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) Presentation By Applicant The applicant and their agent were present. Mr. Jack Petrie, agent, informed Council it was the Bechard's intention to use the property for storage. An addition to the existing building was able to house the sand blasting operation that was originally proposed for the subject lands. COUNCIL MINUTES - 144 - November 17, 1994 Public Comments Mr. Basil Nevill was present and stated he was originally in opposition to the proposal, however in light of Mr. Petrie's comments that the property would be used for storage he was no longer opposed. Mr Paul Szorenyi also appeared to object to the proposal. Mr. Szorenyi noted that if allowed this proposal would introduce a non-residential use into what is primarily a residential area. Mr. Szorenyi also advised Council that industrial land is available in Straffordville. 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. 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. Bechard replied he had no objection to planting trees to act as a buffer. (b) An application submitted by Soper Builder Supplies Ltd. for an amendment to the Township Zoning By-law to change the zoning from Hamlet Commercial (HC) to Hamlet Residential (HR) concerning Part Lot 125, 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 on the subject lands to Hamlet Residential (HR)to permit the creation of two residential building lots. He noted the subject lots comply with the area and frontage requirements of the Zoning By- law. ii) Presentation By Applicant The applicant was not present. 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 Cornelius Reimer for an amendment to the Township Zoning By-law to change the zoning from Agricultural (Al) Zone to Rural Commercial Special (RC) concerning Part Lot 134, 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 to Rural Commercial Special (RC) from Agricultural (Al) to permit the operation of a motor vehicle repair business. ii) Presentation By Applicant Mr. Reimer was not present. ii) Public Comments No member of the public appeared to speak against of for the proposed amendment. The Clerk read a letter sent by Ms. Pat Rayson objecting to the proposal. The Clerk advised no comments were received from any of the agencies or ministries circulated except for the Elgin - St. Thomas Health Unit. iii) Council Questions and Discussions In reply to Deputy Reeve Volkaert's question the Clerk advised that the Ministry of the Environment & Energy issue generator permits for any business collecting waste oil and is therefore responsible for enforcement of environmental regulations. COUNCIL MINUTES - 145 - November 17, 1994 (d) An application submitted by Leo Van Loy for an amendment to the Township Zoning By-law to change the zoning from Agricultural (Al) to Rural Residential (RR) concerning Part Lot 22, Concession 4. 1) 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) from Agricultural (Al)to facilitate the severance of a retirement lot, ii) Presentation By Applicant Mr. Jack Petrie, agent for the applicant, was present. 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. These were the only comments received from any of the agencies or ministries circulated. iv) Council Questions and Discussions There were no 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. Hagell Seconded by D. Dennis "THAT items 8(a), 8(b) and 8(1) be received and filed." Disposition: Motion Carried Unanimously (a) Rail correspondence regarding abandoned CP Rail right-of-way. (Received and Filed) (b) Ministry of Agriculture, Food and Rural Affairs Elgin Community Leaders' Newsletter. (Received and Filed) (c) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E158/94 submitted by Andy & Johanna Geurtjens concerning Part Lot 16, Concession 4. 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 #E158/94 subject to the applicant making a $500 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 146 - November 17, 1994 (d) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E157/94 submitted by Andy & Johanna Geurtjens concerning Part Lot 28, Concession 3. 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 #E157/94 subject to the applicant making a $500 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 consent application #E152/94 submitted by James & Barbara Grant (Hercules Burwell) concerning Part Lot 118, Concession N.T.R. 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 #E152194 subject to the following conditions: 1. That the severed parcel be rezoned so as to permit the intended use. 2. That the stipulation of the Planning Act be applied to join the severed parcel with the adjacent lot owned by Hercules and Diane Burwell." Disposition: Motion Carried Unanimously (f) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E156/94 submitted by Gerald & Wanda Taylor concerning Part Lot 122, Concession N.T.R. Moved by D. Dennis 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 #E156/94 subject to the applicant making a $500 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously (g) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E159/94 submitted by Scotlyn Farms Inc. concerning Part Lot 21 & 22, Concession 3. Moved by J. Hagell 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 #E159/94 subject to the stipulation of the Planning Act be applied to join the severed parcel with the adjacent lot owned by Ronald Peter Blondeel and Linda Louise Blondeel." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 147 - November 17, 1994 (h) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E160/94 submitted by Scotlyn Farms concerning Part Lot 21 & 22, Concession 3. 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 #E160/94 subject to the stipulation of the Planning Act be applied to join the severed parcel with the adjacent lot owned by John McSpadden." Disposition: Motion Carried Unanimously (i) County of Elgin Land Division Committee notice of a public meeting regarding consent application#E161/94 submitted by William & Mary Humphrey concerning Part Lot 14, Concession 1. Moved by J. Volkaert 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 #E161/94 subject to the following conditions: 1. That the stipulation of the Planning Act be applied to join the severed parcel with the adjacent lot owned by Earl Rogers and Margaret Rogers. 2. That the retained parcel be zoned so as to permit the intended use." Disposition: Motion Carried Unanimously (j) County of Elgin Land Division Committee notice of a public meeting regarding consent application#E162/94 submitted by Urbain &Louise Vantyghem concerning Part Lot 6, Concession 8. Moved by J. Hagell 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 #E162/94 subject to the following conditions: 1. That the stipulation of the Planning Act be applied to join the severed parcel with the adjacent lot owned by Charles Newland. 2. That the severed parcel be rezoned so as to permit the intended use." Disposition: Motion Carried Unanimously (k) County of Elgin Land Division Committee notice of a public meeting regarding consent application #E163/94 submitted by K.C. Emerson Enterprises & Jerry Seghers Real Estate Ltd. concerning Park Lot 2, Plan 117, Concession 3. 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 #E163/94 subject to the COUNCIL MINUTES - 148 - November 17, 1994 following conditions: 1. That the severed and retained parcel be rezoned and the Official Plan designation be changed so as to permit the intended use. 2. That the applicant make a $500 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously (1) Ministry of Agriculture, Food and Rural Affairs correspondence regarding Environmental Checklist for Drain Maintenance Projects. (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS (a) Memorandum from Clerk Treasurer regarding 1994 vacation status. Moved by J. Hagell Seconded by D. Dennis "THAT the memorandum be received and filed." Disposition: Motion Carried Unanimously (b) Report from Clerk Treasurer regarding payments for extra services. Moved by W. Casier Seconded by J. Volkaert "THAT the following extra payments be made for services rendered in 1994." Reeve $1,000 Donald MacLeod 1,000 Deputy Reeve 650 Councillors 500 Lorraine Moore 500 Diana Norris 500 Dwayne Daniel 500 Jim Gibbons 500 Nettie Froese 100 Road Crew 200 Disposition: Motion Carried Unanimously (c) Report from Clerk Treasurer regarding Township's Personnel Policy. Moved by J. Volkaert Seconded by W. Casier "THAT a by-law be given three readings to adopt a Personnel Policy for the Township of Bayham." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES No items. COUNCIL MINUTES - 149 - November 17, 1994 11. APPLICATIONS (a) Bill & Cathy Humphrey application for an amendment to the Township Zoning By-law concerning Part Lot 16, Concession 1. Moved by J. Volkaert Seconded by D. Dennis "THAT the application of Bill and Cathy Humphrey for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 16, Concession 1 to Agricultural (A1) Special to permit a minor lot adjustment be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously (b) Wray & Deniece Lounsbury application for an amendment to the Township Zoning By- law concerning Part Lot 20, Concession 7. Moved by J. Volkaert Seconded by W. Casier "THAT the application be deferred." Disposition: Motion Carried Unanimously (c) Frederick Eileen Sivyer application for an amendment to the Township Zoning By-law concerning Part Lot 21, Concession 9. Moved by J. Hagell Seconded by J. Volkaert "THAT the application of Frederick and Ruth Sivyer for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 21, Concession 9 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 (d) George Lysy and Steve Sas application for an amendment to the Township Official Plan 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 Official Plan concerning Part Lot 123, Concession N.T.R.be accepted and forwarded to the Township Planning consultant." Disposition: Motion Carried Unanimously (e) Soreny Farms Ltd. and Michele Szorenyi application for an amendment to the Township Official Plan concerning Part Lot 124, Concession N.T.R. Moved by W. Casier Seconded by J. Volkaert "THAT the application of Soreny Farms Ltd. and Michele Szorenyi for an amendment to the Township Official Plan concerning Part Lot 24, Concession COUNCIL MINUTES - 150 - November 17, 1994 N.T.R. be accepted and forwarded to the Township Planning consultant." Disposition: Motion Carried Unanimously (f) Blondeel Nursery Inc. application for an amendment to the Township Official Plan concerning Part Lot 123, Concession S.T.R. Moved by D. Dennis Seconded by W. Casier "THAT the application of Blondeel Nursery Inc. for an amendment to the Township Official Plan concerning Part Lot 123, Concession S.T.R. be accepted and forwarded to the Township Planning consultant." Disposition: Motion Carried Unanimously (g) Mathew Schafer application for an amendment to the Township Official Plan concerning Part Lots 126 and 127, Concession N.T.R. Moved by J. Hagell Seconded by J. Volkaert "THAT the application be deferred." Disposition_ Motion Lost Moved by J. Volkaert Seconded by W. Casier "THAT the application of Mathew Schafer for an amendment to the Township's Official Plan concerning Part Lots 126 and 127, N.T.R. be accepted and forwarded to the Planning Consultant." Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Janet Cromie application for an amendment to the Township Official Plan concerning Part Lot 13, Concession 4. (November 3, 1994) (b) Jennifer & Rob Valcke correspondence regarding establishment of an automobile wrecking yard at Part Lot 131, Concession N.T.R. (November 3, 1994) 13. OTHER BUSINESS 14. BY-LAWS 94-62 A by-law to adopt a Personnel Policy for the Township of Bayham. Z319/94 A by-law to amend By-law No. 2387. (VanLoy) Z320/94 A by-law to amend By-law No. 2387 (Reimer) Z321/94 A by-law to amend By-law No. 2387 (Bechard) (2 Readings) COUNCIL MINUTES - 151 - November 17, 1994 322/94 A by-law to amend By-law No. 2387 (Soper) 94-63 Confirming By-law Moved by J. Volkaert Seconded by W. Casier "THAT by-laws Z319/94, Z320/94, Z321/94, Z322/94 and 94-62 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Hagell "THAT by-laws Z319/94, Z320/94, Z322/94 and 94-62 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by D. Dennis Seconded by W. Casier "THAT by-law 94-63 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Hagell Seconded by D. Dennis "THAT by-law 94-63 be taken as read a first and second time." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by D. Dennis Seconded by J. Hagell "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously /01/(jklifr6JA5/REEVE CLERK COMMITTEE OF ADJUSTMENT OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO NOVEMBER 8, 1994 7:00 P.M. The Committee of Adjustment of the Corporation of the Township of Bayham met on November 8, 1994 at 7:00 p.m. in the Council Chambers to consider Application A/3/94 submitted by Michael&Ann Suto. Present were Chair Joe Volkaert Sr., Vice Chair Wayne Casier, members Ron Chatten, Rose Laemers and Secretary Treasurer Donald W. MacLeod. 1. CALL TO ORDER The Chair called the meeting to order by stating at 7:05 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 A13/94 - Michael & Ann Suto, Part Lot 126, Concession 7 N.T.R. i) STAFF REPORT The Secretary Treasurer advised the Committee the minor variance was necessary to recognize a garage that was constructed in 1994 that will require relief from the side yard requirement of 3.0 m (9.84 feet) to 1.38 m (4.54 feet) as set out in the Township of Bayham Zoning By-Law No. 2387. ii) PRESENTATION BY APPLICANT Mr. Wayne Eitel, agent for the applicants, was present and advised the Committee the garage was constructed closer to the lot than permitted through inadvertence by the Suto's. He stated they were not entirely sure where the lot line was. In reply to Member Casier's question Mr. Eitel stated he was unaware if the building was constructed without the issuance of a building permit. The Secretary Treasurer advised the Committee that a permit had been issued for the garage, and that all zoning setbacks were noted on the permit. Debate ensued as to whether the building was constructed prior to issuance of a building permit. iii) PUBLIC COMMENTS Mr. Matt Schafer, neighbour of the Suto's, appeared before the Committee to raise concern over the closeness of the garage to the lot line. Mr. Schafer noted the Suto's property was approximately 11 acres and it seemed absurd that a building would require a minor variance on such a large piece of property. iv) COMMITTEE QUESTIONS AND DISCUSSIONS Member Ron Chatten addressed Mr. Eitel by stating in his opinion the Committee cannot condone buildings that are built and attempt to legalize deficiencies after construction. Chair Joe Volkaert concurred with Mr. Chatten, however, he noted the Committee must decided if the variance requested is minor in nature and if it maintains the spirit and intent of the Zoning By-law and Official Plan. 4. ACTION BY COMMITTEE• Moved by R. Chatten Seconded by J. Volkaert "THAT application A/3194 to recognize a previously constructed accessory building COMMITTEE OF ADJUSTMENT - 8 = NOVEMBER 8, 1994 MINUTES that will require relief from the Side Yard Width requirement for accessory buildings of 3.4 m (9.84 feet) to 1.38 m (4.54 feet) be refused." Disposition; Motion Lost Moved by R. Chatten Seconded by J. Volkaert "THAT application A13/94 to recognize a previously constructed accessory building that will require relief from the Side Yard Width requirement for accessory buildings of 3.0 m (9.84 feet) to 1.38 m (4.54 feet) be approved." Member Ron Chatten requested a recorded Vote Wayne Casier Yes Ron Chatten No Rose Laemers Yes Joe Volkaert Yes Disposition: Motion Carried 5. ADJOURNMENT Moved by J. Volkaert 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.O. BOX 160 STRAFFORDVILLE, ONTARIO DECEMBER 1, 1994 10:00 A.M. The inaugural meeting of the Council of the Township of Bayham was held at 10:00 a.m. on Thursday, December 1, 1994 in the Council Chambers. Present were, Reeve D. Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors Wayne Casier, John E. Barclay, John Nezezon, Clerk Treasurer Donald W. MacLeod and Fire Chief Ken Laemers. 1. CALL TO ORDER In accordance with Section 49 of the Municipal Act the Clerk Treasurer called the meeting to order at 10:00 a.m. and then administered the Oath of Allegiance and the Declaration of Elected Member to each member of Council. The Clerk then called on Reverend Heather Chaisson of Straffordville United Church to offer a blessing. Reverend Chaisson wished Council good fortune in their three year term of office, noting that in this day and age the task at hand would certainly not be an easy one. Reverend Chaisson appealed to Council to work as one body for the good of the community also noting that "good happens when good people work together". Reeve Vane Chute opened this session of Council by stating that he was looking forward to working with Township Staff with a continuing 'excellent spirit of co-operation. Reeve Chute then congratulated members of Council on their election and stated he was also looking forward to a beneficial working relationship with Council. He advised Council that it should always work for a consensus with the majority always ruling. He pledged to continue spending money wisely and efficiently and to always try and get value for money spent. Reeve Chute commented that Bayham remained a "user friendly" municipality with Council and staff attempting to provide every ratepayer with fair and friendly service. Finally, Reeve Chute remarked that Council would also do its' best to limit red tape at both the Township level and the County level. Deputy Reeve Joe Volkaert commented that his last term of Council had been very enjoyable and looked forward to working with the new Council. Councillor Wayne Casier reiterated Reeve Chute's comments about spending money wisely and pledged to maintain a fiscally responsible attitude. Councillor John Barclay pledged that he would work diligently to learn the operations of Council and he remarked what an honour and privilege it was to serve on Council. Councillor John Nezezon stated that he looked forward to a fulfilling term of Council with the end result being ratepayer satisfaction. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No member of Council made disclosure of pecuniary interest and the general nature thereof. 3. MINUTES (a) Minutes from the regular Council meeting held November 17, 1994. Moved by J. Volkaert Seconded by W. Casier "THAT the minutes of November 17, 1994 be adopted as circulated." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 153 - December 1, 1994 4. DELEGATIONS (a) 1:00 p.m. - K.C. Emerson regarding sale of lanes between Park Lots 1 & 2 and Park Lots 2 & 3, Plan 113, Concession 3. Mr. K.C. Emerson appeared before Council to request that the Township consider selling the lanes between Park Lots 1 & 2 and Park Lots 2 & 3. He noted these lanes had been closed by-law in the early 1980's. The Clerk advised Council and Mr. Emerson that Section 315 of the Municipal Act outlined procedures to be followed when selling a closed right-of-way. He noted that each abutting landowner must be offered the opportunity to purchase one-half of the road adjacent to their property. If one owner does not wish to purchase the other adjoining owner may purchase the entire road. Council instructed the Clerk to obtain survey estimates and to advise the adjoining landowners of the costs involved. (b) 1:30 p.m. - Dan DeCloet regarding proposed realignment of Eden Drain. Mr. Dan DeCloet appeared before Council to request permission to realign the Eden Drain through his property in Eden. He advised Council that he had a prospective purchased interested in building a house, however due to the fact the municipal drain bisects the property, zoning by-law setbacks could not be met. Reeve Chute informed Mr. DeCloet that any and all expenses associated with this proposal would be paid by Mr. DeCloet. Mr. DeCloet acknowledged this and asked if his own contractor could carry out the work. Reeve Chute advised that the engineer would provide comments whether he could hire his own contractor. Moved by W. Casier Seconded by J. Barclay "THAT Spriet Associates London Limited be requested to prepare plans for the realignment of the Eden Drain as requested by Dan DeCloet; AND THAT all costs associated with the proposal be at the expense of Mr. Dan DeCloet." Disposition: Motion Carried Unanimously 5. TENDERS No items. 6. ACCOUNTS (a) Listing of cheques previously issued for the period ending November 21, 1994. (b) Listing of accounts for the period ending December 13, 1994. Moved by J. Nezezon Seconded by W. Casier "THAT the accounts for the period ending December 13, 1994, be approved for payment AND THAT the cheques issued for the period ending November 21, 1994 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 154 - December 1, 1994 7. PUBLIC MEETINGS No meetings scheduled. 8. CORRESPONDENCE Moved by J. Nezezon Seconded by W. Casier "THAT items 8(a) and 8(c) be received and filed." Disposition: Motion Carried Unanimously (a) Ontario Clean Water Agency Notice of Completion of the Water Supply Study for the City Of London. (Received and Filed) (b) Canada/Ontario Infrastructure Works program correspondence regarding approval of funding for a new firehall. Moved by J. Barclay Seconded by W. Casier "THAT By-law No. 94-65 be given three readings so as to amend By-law No. 94-42 with respect to the Canada/Ontario Infrastructure Works program and construction of a new firehall." Disposition: Motion Carried Unanimously (c) Copy of correspondence from the Ministry of Environment & Energy to the Ministry of Municipal Affairs regarding Township of Bayham Official Plan Amendment No. 95 (Hicks & Vanderpas) (Received and Filed) 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Livestock Valuer regarding losses sustained by Janice Cox. Moved by J. Volkaert Seconded by W. Casier "THAT the report of the Livestock Valuer be adopted and losses in the amount of $300.00 be paid to Janice Cox." Disposition: Motion Carried Unanimously (b) Report from Chief Building Official regarding building permits issued for the period ending November 30, 1994. Moved by W. Casier Seconded by J. Barclay "THAT the building permits for the month of November, 1994 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 155 - December 1, 1994 (c) Semi-annual Report of the Fire Chief. Moved by W. Casier Seconded by J. Nezezon "THAT the Fire Chief's semi-annual report be adopted." Disposition: Motion Carried Unanimously 10. REPORTS OF COUNCIL AND COMMITTEES (a) Deputy Reeve Volkaert informed Council the Beneficial Environmental Action Team was in the process of preparing a flyer that would be distributed to all homes in Bayham Township and the Villages of Port Burwell and Vienna. This flyer would advise residents on waste reduction, recycling and other environmental hints. In response to Councillor Nezezon's question Deputy Reeve Volkaert noted the Committee reviewed the issue of user fees for the Transfer Station. Moved by W. Casier Seconded by J. Nezezon "THAT the Villages of Port Burwell and Vienna be requested to appoint one representative, respectively, to sit on a Transfer Station User Fee Review Committee; AND THAT Deputy Reeve Volkaert and Councillor Barclay be appointed as the Township's representatives on the Committee." Disposition: Motion Carried Unanimously 11. APPLICATIONS (a) Mathew A. Schafer Limited application for an amendment to the Township Zoning By- law concerning Part Lot 128, Concession N.T.R. Moved by W. Casier Seconded by J. Nezezon "THAT the application be deferred." Disposition: Motion Carried Unanimously (b) Mathew A. Schafer application for an amendment to the Township Zoning By-law concerning Part Lot 127, Concession N.T.R. Moved by W. Casier Seconded by J. Nezezon "THAT the application be deferred." Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Janet Cromie application for an amendment to the Township Official Plan concerning Part Lot 13, Concession 4. (November 3, 1994) Moved by J. Volkaert COUNCIL MINUTES - 156 - December 1, 1994 Seconded by W. Casier "THAT the application of Janet Cromie for an amendment to the Township Official Plan be refused." Disposition: Motion Carried Unanimously (b) Jennifer & Rob Valcke correspondence regarding establishment of an automobile wrecking yard at Part Lot 131, Concession N.T.R. (November 3, 1994) Moved by J. Volkaert Seconded by W. Casier "THAT Rob & Jennifer Valcke be advised the Council of the Township of Bayham does not support the creation of an automobile recycling facility at Part Lot 131, Concession N.T.R." Disposition: Motion Carried Unanimously (c) Wray & Deniece Lounsbury application for an amendment to the Township Zoning By- law concerning Part Lot 20, Concession 7. (November 17, 1994) 13. OTHER BUSINESS (a) Councilor Casier brought to Council's attention that ratepayers along the abandoned CP Rail right-of-way spoke out against the proposal of turning the right-of-way into a hiking trail at a meeting held at Coveys Restaurant in Tillsonburg on November 30. Councillor Casier requested that Council work with the ratepayers to make every attempt to purchase the line, or at the very least, ensure it is not turned into a hiking trail. Councilor Nezezon concurred with Councilor Casier that the Township should support Bayham ratepayers. (b) Reeve Chute informed Council that with the passage of Bill 119, Tobacco Control Act, it was now illegal to smoke in places of business such as variety stores or garages. The Clerk reviewed with Council the contents of Bill 119 noting specifically the areas where smoking was prohibited. He also advised Council that municipal by-laws could be passed so as to prohibit smoking in public areas such as the Municipal Office or at the Bayham Community Centre. Moved by J. Volkaert Seconded by W. Casier "WHEREAS the Provincial Government has passed into legislation Bill 119, Tobacco Control Act; AND WHEREAS the Tobacco Control Act prohibits smoking or the holding of lighted tobacco in establishments where goods or services are sold or offered for sale to the public; AND WHEREAS the Council of the Township of Bayham is of the opinion that prohibiting smoking or the holding of lighted tobacco in establishments where goods or services are sold or offered for sale to the public such as variety stores, public garages or service shops small business owners, who are already facing stringent regulatory controls, will be further unduly burdened by the prospect of facing heavy, and unnecessary, fines in addition to having to challenge customers who smoke or bring lighted tobacco into a place of business; THEREFORE BE IT RESOLVED THAT the Council of the Township of Bayham COUNCIL MINUTES - 157 - December 1, 1994 hereby requests the Minister of Health consider repealing those sections of Bill 119 that prohibit smoking or the holding of lighted tobacco in establishments where goods or services are sold or offered for sale to the public. Disposition: Motion Carried Unanimously 14. BY-LAWS 94-64 Tile Drainage Debenture Rating By-law Rudy Garner 94-65 A By-law to amend By-law No. 94-42 - Canada/Ontario Infrastructure Program Agreement 94-66 Confirming By-law Moved by J. Volkaert Seconded by W. Casier "THAT by-laws 94-64 and 94-65 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT by-laws 94-64 and 94-65 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by W. Casier "THAT by-law 94-66 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by J. Barclay "THAT by-law 94-66 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by W. Casier Seconded by J. Nezezon "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously 40 • / REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO DECEMBER 15, 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, December 15, 1994 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 Road Superintendent James Gibbons. 1. CALL TO ORDER Reeve Chute called the meeting to order at 7:32 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councilor Casier made a disclosure of pecuniary interest and the general nature thereof with respect to item 9(d). 3. MINUTES (a) Minutes from the regular Council meeting held December 1, 1994. Moved by J. Barclay Seconded by W. Casier "THAT the minutes of December 1, 1994 be adopted as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS No delegations scheduled. 5. TENDERS No items. 6. ACCOUNTS (a) Listing of cheques previously issued for the period ending December 12, 1994. (b) Listing of accounts for the period ending December 23, 1994. Moved by J. Volkaert 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 COUNCIL MINUTES - 159 - December 15, 1994 7. PUBLIC MEETINGS No meetings scheduled. 8. CORRESPONDENCE Moved by J. Volkaert Seconded by J. Barclay "THAT items 8(a), (b), (c) and (f) be received and filed.'" Disposition: Motion Carried Unanimously (a) Long Point Region Conservation Authority circulation of minutes of a meeting held November 12, 1994. (Received and Filed) (b) Ministry of Finance correspondence regarding 1995 transfer payments. (Received and Filed) (c) Association of Municipalities of Ontario correspondence regarding Local Disclosure of Interest Act. (Received and Filed) (d) County of Elgin correspondence regarding Municipal Civic Addressing Program (9-1-1) Implementation Team. Moved by W. Casier Seconded by J. Nezezon "THAT the Clerk Treasurer be appointed to serve on the County of Elgin Civic Addressing Implementation Teams" Disposition: Motion Carried Unanimously (e) Ministry of Municipal Affairs correspondence regarding 1995 Ontario-Quebec Municipal Student Exchange Program. Moved by J. Nezezon Seconded by W. Casier "THAT the correspondence be tabled." Disposition: Motion Carried Unanimously (f) White, Coad, Bennett & Oliver correspondence regarding an appeal to the Ontario Municipal Board with respect to a decision of the County of Oxford Land Division Committee and a proposed amendment to the Zoning By-law of Township of South-West Oxford concerning Part of Lot 10, Concession 12. (Received and Filed) (g) The County of Elgin Land Division Committee notice of a public meeting regarding application #E178/94 submitted by Mathew A. Schafer Limited concerning Lot 128, Concession N.T.R. Moved by J. Nezezon Seconded by J. Barclay COUNCIL MINUTES - 160 - December 15, 1994 "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends that application#E178194 not be approved as the severed parcel will be within 305 metres of a custom grain drying operation and as such will be in contravention of the Township's Zoning By-law." Disposition: Motion Carried Unanimously (h) The County of Elgin Land Division Committee notice of a public meeting regarding application #E179/94 submitted by Mathew A. Shafer concerning Lot 127, Concession N.T.R. 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 #E179/94 subject to the following conditions: 1. That the application 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 (i) The County of Elgin Land Division Committee notice of a public meeting regarding application #E166/94 submitted by Frederick and Ruth Sivyer concerning Part Lot 21, Concession 9. Moved by W. Cagier 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 #E166/94 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." Disposition: Motion Carried Unanimously (j) 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. Moved by J. Volkaert Seconded by W. Casier "THAT the County of Elgin Land Division Committee be requested to defer a decision on application#E168194 to allow the Township an opportunity to receive a legal opinion with regards to water quality in the hamlet of Eden. Disposition: Motion Carried Unanimously COUNCIL MINUTES - 161 - December 15, 1994 (k) 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. Moved by J. Volkaert Seconded by W. Casier "THAT the County of Elgin Land Division Committee be requested to defer a decision on application #E169/94 to allow the Township an opportunity to receive a Iegal opinion with regards to water quality in the hamlet of Eden. Disposition: Motion Carried Unanimously (1) 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. Moved by J. Volkaert Seconded by W. Casier "THAT the County of Elgin Land Division Committee be requested to defer a decision on application #E170/94 to allow the Township an opportunity to receive a legal opinion with regards to water quality in the hamlet of Eden. Disposition: Motion Carried Unanimously (m) 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. Moved by J. Volkaert Seconded by W. Casier "THAT the County of Elgin Land Division Committee be requested to defer a decision on application#E171/94 to allow the Township an opportunity to receive a legal opinion with regards to water quality in the hamlet of Eden. Disposition: Motion Carried Unanimously (n) The County of Elgin Land Division Committee notice of a public meeting regarding application #E174/94 submitted by Ray and Deniece Lounsbury concerning Lot 20, Concession 7. Moved by J. Volkaert Seconded by J. Nezezon "THAT the County of Elgin Land Division Committee be advised that the Council of the Township of Bayham recommends application #E174/94 be refused as the proposal does not comply with Sections 4.2.5, 4.2.6., 4.2.7., or 4.3.2 of the Township's Official Plan." Disposition: Motion Carried Unanimously (o) The County of Elgin Land Division Committee notice of a public meeting regarding application #E175/94 submitted by Ross Carson Farm Ltd. concerning Lot 23, Concession 9. COUNCIL MINUTES - 162 - December 15, 1994 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 #E175194 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." Disposition: Motion Carried Unanimously (p) The County of Elgin Land Division Committee notice of a public meeting regarding application #E176/94 submitted by Leo and Edna Van Loy concerning Lot 22, Concession 4. Moved by W. Casier Seconded by J. Nezezon "THAT the County of Elgin Land Division Committee be advised that the Council of the Township of Bayham recommends approval of application #E176/94 subject to the applicant making a $500 cash payment to the Township in lieu of parkland dedication." Disposition: Motion Carried Unanimously (q) The County of Elgin Land Division Committee notice of a public meeting regarding application #E177/94 submitted by Andrew and Gertie Vryburg concerning Lot 16, Concession 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 #E177194 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." Disposition: Motion Carried Unanimously (r) The County of Elgin Land Division Committee notice of a public meeting regarding application #E180/94 submitted by Steve and Ola Nezezon concerning Lot 20, 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 #E180194 subject to the following conditions: 1. That the applicant make a $500 cash payment to the Township in lieu of parkland dedication. COUNCIL MINUTES - 163 - December 15, 1994 2. That the severed parcel be rezoned so as to permit the intended use." Disposition: Motion Carried Unanimously (s) Kathy and Kevin Bradfield correspondence requesting that a section of Mill Street be stopped up, closed and sold. Moved by W. Casier Seconded by J. Volkaert "THAT the correspondence be deferred." Disposition: Motion Carried Unanimously (t) County of Elgin correspondence regarding Municipal Addressing Guidelines Final Document. Moved by J. Barclay Seconded by J. Nezezon "THAT the County of Elgin be advised the Council of the Township of Bayham hereby adopts, and endorses, the revised County of Elgin Municipal Addressing Program Guidelines." Disposition: Motion Carried Unanimously 9. REPORTS OF STAFF AND CONSULTANTS Moved by J. Volkaert Seconded by W. Casier "THAT items 9(d), (e) and (f) be received and filed." Disposition: Motion Carried Unanimously (a) Report from Road Superintendent (7:30 p.m.). Mr. James Gibbons was present to advise Council on Road Department activities for the period ending December 1, 1994. Mr. Gibbons informed Council that brine was being utilized instead of salt to combat ice on Township roads. Mr. Gibbons noted the Township had used in excess of 200,000 gallons of brine in 1994. In reply to Councillor Nezezon's question, Mr. Gibbons advised that the Township used the sand/salt mixture provided by the County of Elgin. Mr. Gibbons advised Council that it should consider purchasing an extended warranty for the new Champion road grader. He noted a Champion employee had recommended this warranty be purchased so as to provide extra protection in case of breakdowns. The Clerk informed Council the cost of the warranty was $820.00 plus tax for a three year/5000 hour parts and labour powertrain warranty. Moved by J. Volkaert Seconded by J. Barclay "THAT the Treasurer be authorized to purchase a three year/5000 hour parts and labour powertrain warranty from Champion Road Machinery Sales Ltd." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 164 - December 15, 1994 (b) Report from Clerk Treasurer regarding Cemetery Care and Maintenance Fund. Moved by J. Volkaert Seconded by W. Casier "THAT the Treasurer be authorized to pay out of general funds $4,600.00 to the Cemetery Care and Maintenance Fund." Disposition: Motion Carried Unanimously (c) Report from Clerk Treasurer regarding appointment of Township auditor. Moved by J. Volkaert Seconded by W. Casier "THAT a by-law be given three readings to appoint Doanne Raymond as the Township auditor for the 1994 fiscal year." Disposition: Motion Carried Unanimously (d) Report from Township solicitor regarding proposed property purchase. (Received and Filed) (e) Report from Township engineer regarding the Wallace Drain. (Received and Filed) (f) Report from Clerk Treasurer regarding Amendments to Procedural By-law (By-law No. 93-7). (Received and Filed) 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11. APPLICATIONS (a) Roger Morin application for an amendment to the Township Zoning By-law concerning Part of Lot 4, Concession 9. Moved by J. Volkaert Seconded by W. Casier "THAT the application of Roger Morin for an amendment to the Township Zoning By-law be refused." Disposition: Motion Carried Unanimously 12. UNFINISHED BUSINESS AND DEFERRED ITEMS (a) Ray and Deniece Lounsbury application for an amendment to the Township Official Plan concerning Part Lot 20, Concession 7. (November 17, 1994) Moved by J. Volkaert Seconded by W. Casier "THAT the application of Ray and Deniece Lounsbury for an application to the Township Zoning By-law be refused." COUNCIL MINUTES - 165 - December 15, 1994 Disposition: Motion Carried Unanimously (b) Mathew A. Schafer Ltd. application, as revised, for an amendment to the Township Zoning By-law concerning Part Lot 128, Concession N.T.R. (December 1, 1994) Moved by J. Barclay Seconded by W. Casier "THAT the application of Mathew A. Schafer Limited for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 127, Concession N.T.R. 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 (c) Mathew A. Schafer application for an amendment to the Township Zoning By-law concerning Part Lot 127, Concession N.T.R. (December 1, 1994) Moved by J. Nezezon Seconded by W. Casier "THAT the application of Mathew A. Shafer Limited for an amendment to the Township Zoning By-law to change the Zoning on Part Lot 127, Concession N.T.R. 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 13. OTHER BUSINESS (a) The Clerk advised Council that the CIBC branch located in Straffordville would only be open two days a week, effective early in 1995. Moved by W. Casier Seconded by J. Volkaert "THAT the Canadian Imperial Bank of Commerce be advised the Council of the Township of Bayham strongly opposes the reduction in hours of service of the CIBC branch in Straffordville; AND THAT Canadian Imperial Bank of Commerce be requested to reconsider the decision to reduce the hours of service of the Straffordville CIBC branch." Disposition: Motion Carried Unanimously 14. BY-LAWS 94-67 A by-law to amend By-law No. 93-39 and By-law No. 93-21 with respect to remuneration levels of Municipal Council and Municipal Staff. 94-68 A By-law to appoint a Municipal Auditor for the Township of Bayham. 94-69 Tile Drainage Debenture Rating By-law - Nuthaven Farms Ltd. 94-70 Confirming By-law. COUNCIL MINUTES - 166 - December 15, 1994 Moved by J. Volkaert Seconded by W. Casier "THAT by-laws 94-67, 94-68 and 94-69 be taken as read a first and second time." Moved by W. Casier. Seconded by J. Volkaert Disposition: Motion Carried Unanimously "THAT by-laws 94-67, 94-68 and 94-69 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 94-70 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by J. Nezezon "THAT by-law 94-70 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 15. ADJOURNMENT Moved by W. Casier Seconded by J. Nezezon "THAT the Council Meeting be adjourned." 1;10. REEVE CLERK SCS SPECIAL COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 1.60 STRAFFORDVILLE, ONTARIO DECEMBER 22, 1994 7:00 P.M. A special meeting of the Council of the Township of Bayham was held at 7:00 p.m. on Thursday, December 22, 1994 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 Planning Consultants Gary Blazak and John Senema. 1. CALL TO ORDER In accordance with Section 58 of the Municipal Act, Reeve Chute called for a resolution to call the special meeting to order at 7:16 p.m. Moved by J. Volkaert Seconded by J. Nezezon "THAT in accordance with Section 58 of the Municipal Act the special meeting be called to order." Disposition: Motion Carried Unanimously 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No member of Council made a disclosure of pecuniary interest and the general nature thereof. 3. MINUTES No items. 4. DELEGATIONS No delegations scheduled. 5. TENDERS No items. 6. ACCOUNTS No items. 7. PUBLIC MEETINGS Move by W. Casier Seconded by J. Barclay "THAT the special meeting of Council be adjourned for the purposes of holding a public meeting pursuant to the provisions of the Planning Act." Disposition: Motion Carried Unanimously SPECIAL COUNCIL MINUTES - 168 - December 22, 1994 1. CALL TO ORDER Reeve Chute called the meeting to order at 7:20 p.m. and advised Council the purpose of the meeting was to receive public input on one application for amendment to the Township Official Plan and seven applications for amendments to the Zoning By-law. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None noted. 3. APPLICATIONS (a) An application submitted by Hercules & Diane Burwell for an amendment to the Township Zoning By-law to change the zoning from Agricultural (Al) to Rural Residential (RR) concerning Part Lot 118, 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 Residential to permit the severance of a .8 acre parcel of land that will be added to an existing Rural Residential lot. The Clerk noted severances of this nature are permitted in the Official Plan Section 4.2.10. He also noted that the Township had requested the County of Elgin Land Division Committee to join the severed parcel to the existing Rural Residential parcel under the stipulation of the Planning Act. ii) Presentation By Applicant 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 Ministry 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 There were no questions from Council. (b) An application submitted by Steve and Ola Nezezon for an amendment to the Township Zoning By-law to change the zoning from Agricultural (Al) to Rural Residential (RR) concerning Part Lot 20, 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)from Agricultural (Al)to facilitate the severance of a retirement lot. ii) Presentation By Applicant Mr. Jack Petrie, agent for the applicants, 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 and the Ministry of Natural Resources replied with no objection to the proposal. These were the only comments received from any of the agencies or ministries circulated. SPECIAL COUNCIL MINUTES - 169 - December 22, 1994 iv) Council Ouestions and Discussions There were no questions or comments from any of the Council members. (c) An application submitted by Ross Carson Farms Ltd. for an amendment to the Township Zoning By-law to change the zoning from Agricultural (Al) to Rural Residential (RR) concerning Part Lot 23, Concession 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 Rural Residential (RR)from Agricultural (Al)to facilitate the severance of a retirement lot. ii) Presentation By Applicant Mr. Jack Petrie, agent for the applicants, 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 Ministry of Natural Resources replied with no objection to the proposal. These were the only comments received from any of the agencies or ministries circulated. iii) Council Questions and Discussions In reply to Reeve Chute's question, the Clerk informed Council that Ross Carson Farms Ltd. had earlier applied for a farm help lot and not a retirement lot. (d) An application submitted by Andrew & Gertie Vryburg for an amendment to the Township Zoning By-law to change the zoning from Agricultural (A1) to Rural Residential (RR) concerning Part Lot 116, 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 to Rural Residential (RR) from Agricultural (Al) to facilitate the severance of a dwelling unit for farm labour. He noted that an application had been submitted to the County of Elgin Land Division Committee and as a condition of severance the Township had requested the subject lands be rezoned in order to permit the severance. ii) Presentation By Applicant Mr. Jack Petrie, agent for the applicants, was present but did not address Council. iii) Public Comments Joe and Monica Braun, neighbours to the west of the subject lands appeared to voice their objections to the proposal. Mr. Braun noted he was not in favour of the creation of a residential lot in a farming area. At this point, Reeve Chute informed Mr. Braun that if Council approved the zoning amendment, he would have an opportunity to appeal the decision to the Ontario Municipal Board. The Clerk advised that the Elgin- St. Thomas Health Unit and the Ministry 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 There were no questions from Council. SPECIAL COUNCIL MINUTES - 1'70 - December 22, 1994 (e) An application submitted by Charles Newland for an amendment to the Township Zoning By-law to change the zoning from Agricultural (Al) to Rural Residential (RR) concerning Part Lot 6, Concession S. 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) from Agricultural (Al) to facilitate the severance of a .23 acre parcel of ground that is to be added to an existing Rural Residential parcel owned by Mr. Newland. The Clerk ncted this amendment would encompass lands up to and including a tree line that are unfarmable. ii) Presentation By Applicant Mr. Charles Newland was present and informed Council he was desirous of purchasing this parcel of land to add to his existing holding. 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. These were the only comments received from any of the agencies or ministries circulated. iv) Council Questions and Discussions Deputy Reeve Volkaert noted he was in favour of this application as this proposal would incorporate a physical boundary. There were no other comments or questions from Council. (f) An application submitted by Bill & Cathy Humphrey for an amendment to the Township Zoning By-law to change the zoning from Agricultural (Al) to Special Agricultural (Al) concerning Part Lot 14, Concession 1. 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 Agricultural Special from Agricultural to permit the severance of a 2.42 hectare parcel of land that would be added to land owned by Earl & Margaret Rogers. The Clerk noted that these lands were, at one time accessible via a bridge, however, this bridge has been removed and access may only be gained over a right-of-way over the Rogers' lands. He also noted this proposal is in accordance with Section 4.2.10 of the Official Plan. u) Presentation By Applicant Mr. & Mrs. Humphrey were present but did 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. These were the only comments 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 severed parcel would be joined under the stipulation of the Planning Act to Mr. Smith's other land holding. There were no other questions or comments from Council. SPECIAL COUNCIL MINUTES - 171 - December 22, 1994 (g) An application submitted by Frederick & Eileen Sivyer for an amendment to the Township Zoning By-law to change the zoning from Agricultural (Al) to Rural Residential (RR) concerning Part Lot 21, Concession 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 Rural Residential from Agricultural to facilitate the severance of a retirement lot. The Clerk noted that due to a recent road closing, the subject lands were over the 50 acre minimum lot size required in the Official Plan. ii) Presentation By Applicant Mr. & Mrs. Sivyer were present but did address Council. Public Comments Mr. David Yallop, owner of a commercial enterprise adjacent to the proposed lot of the Sivyers' appeared before Council to have his comments on record that a commercial enterprise was located in close proximity to the proposed lot. He noted he was not objecting to the proposal, but did want the public record to indicate his business pre-existed the creation of this lot. The Clerk advised that the Elgin- St. Thomas Health Unit and the Ministry 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 There were no comments or questions from any members of Council. (h) Straffordville Hamlet Expansion Official Plan Amendment No. 100. i) Report of Consultant Mr. Blazak reviewed the contents of OPA No. 100. The purpose of this Amendment is to change the land use designation on certain parcels of land from "Agriculture" to "Future Hamlet Development" in the Official Plan of the Township of Bayham. The areas affected by this Amendment comprise a total of approximately 59 hectares (145) acres) of undeveloped land, adjacent to the existing hamlet of Straffordville, in Concessions 6 and 7, Part Lots 123 through 127. The intent of this amendment is to establish "Future Hamlet Development" and "Hamlet Expansion" Policies and Land Use Designations to address urban development pressures in and around the hamlet of Straffordville, in the Township of Bayham. Straffordville is situated around the intersection of Talbot Road(County Road No. 28)and Plank Road (Highway No. 19). The four areas subject to this amendment are located on the periphery of the existing built-up hamlet area. Two of the areas comprise approximately 18.5 hectares (46 acres) and are situated in the north-west part of the hamlet. A 23 hectare (56 acre) parcel of land subject to this amendment is located north-east of the intersection adjacent to an abandoned C.P. Rail Right-of-Way, and a 17 hectare (43 acre) parcel is situated adjacent to the south-west part of the existing hamlet. Each of these candidate areas for hamlet expansion have historically been used for various forms of cash crop agriculture. There are however, no significant livestock operation within applicable setback distances of the candidate areas for hamlet expansion. In recent years the hamlet of Straffordville has been subject to increasing development pressure. Statistical information indicates that the number of new building permits in the hamlet of Straffordville has risen from 4 permits issued in '92 and 7 issued '93, to 15 issued through November of '94. This severance activity has proceeded on an infill basis primarily on the west side of Straffordville where the existing hamlet designation encompassed small tracts of developable land with frontage on opened public roads. SPECIAL COUNCIL MINUTES - 172 - December 22, 1994 Recent development was approved in conformity with existing policies that "encourages new residential development to consolidate with the existing urban communities...by filling in the areas and locating new residential development adjacent to existing built-up areas in a compact and contiguous fashion" (Subsection 4.7.1.2) Few infill areas remain for development in Straffordville, and demand for the affordable new housing which the hamlet has traditionally provided, remains strong. Consistent with reasonably strong employment opportunities in the local region, particularly in the automotive manufacturing sector, Straffordville has emerged in recent years as one of the fastest growing urban settlements in the local area. Its attraction as a retirement community has also contributed to its growth and expansion. Straffordville has emerged as the largest and most desirable non-farm residential community in the easternmost part of Elgin county, clearly outdistancing the incorporated Villages of Vienna and Port Burwell in terms of lot creation, building starts and total population. In recognition of this demand for new housing, the limited supply of infill land for future development, and the need to establish a comprehensive planning framework for the long term future development of Straffordville, the Township of Bayham has endeavoured to accommodate orderly growth on the fringes of the existing hamlet by way of amendment to the Official Plan. This Official Plan Amendment represents an attempt by the municipality to gain control of the "piecemeal" severance activity in and around the hamlet of Straffordville. Section 4.7.1.9 of the Official Plan restricts major residential development defines as plans of subdivision having more that 10 lots until both sewer and/or water services can be provided. The exception to this policy is infilling and growth in areas adjacent to existing development. This policy therefore, has inadvertently accommodated development pressures in a "piecemeal" fashion with most severance activity having little regard for future or potential road patterns within and adjacent to the existing hamlet. In order to address these issues, a number of logical road patterns have been examined by the Township in an attempt to provide an organized and integrated approach to future development in and around Straffordville. A number of significant development proposals for Straffordville have been received and reviewed by Township Council and planning staff. Each of these proposals recognize that future development need to be undertaken on a more comprehensive, rather that "piecemeal" or infill basis. Central to each of the four major development proposals are road networks and lot layouts which are well integrated with the existing pattern of hamlet development. These proposals are shown conceptually on Schedule "B" to this Amendment. The north-west area of the hamlet has been subject to the most recent development momentum. There have been a number of lots created by severance off Talbot Road around the Chapel and Donnelly Street area in recent years. A subsequent proposal to create additional lots by severance on an extension of Centennial Avenue was refused by the municipality however, because there was no regard for the planned development of adjacent lands in the hamlet in a broader context. A logical road pattern has since been conceived which takes into consideration existing right-of-ways and roads in this candidate area. The south-west corner of the hamlet west of Centennial Avenue has also been subject to severance activity, most recently creating two sets of four lots along Talbot road. A logical road pattern which addressed future development in this area is now under review. Development in this area would require a redesigned intersection at Highway No. 19 and Centennial Avenue. SPECIAL COUNCIL MINUTES - 173 - December 22, 1994 A proposal for the north-east quadrant of Straffordville is an infill subdivision concept between existing development along Talbot Road and the abandoned C.P.R. right-of-way. It provides a logical extension of development related to property ownership and is contiguous to the existing "Hamlet" designation and Future Development Zoning to the north and west. A significant part of this proposal is already within the approved "Hamlet" designation. A proposal industrial area to the north-west of these lands should be deleted by rezoning prior to residential development on the candidate site in order to eliminate any potential land use conflict. The implementation of "Future Hamlet Development" policies and designation will assist in the planning for an organized expansion of Straffordville by means of secondary plans which will need to address hamlet development in a comprehensive manner. The secondary plans must consider the need for expansion, and all relevant social, economic, and environmental implications. They must also determine the effect that development will have on adjacent land uses, especially agricultural land. In addition, a secondary plan should consider topographical constraints, adjacent existing land uses, and long term transportation and servicing issues, and phasing of development. 4. ADJOURNMENT Moved by J. Nezezon Seconded by J. Barclay "THAT the Public meeting be adjourned." Disposition: Motion Carried Unanimously 8. CORRESPONDENCE No items. 9. REPORTS OF STAFF AND CONSULTANTS (a) Report from Clerk Treasurer regarding 1993 and 1994 tax write offs. Moved by J. Volkaert Seconded by W. Casier "THAT taxes in the amount of $1,725.81 be written off, reduced or refunded in accordance with Section 442 of the Municipal Act." 10. REPORTS OF COUNCIL AND COMMITTEES No items. 11.. APPLICATIONS No items. 12. UNFINISHED BUSINESS AND DEFERRED ITEMS No items. SPECIAL COUNCIL MINUTES - 174 - December 22, 1994 13. OTHER BUSINESS No items. 14. BY-LAWS 94-71 A by-law to adopt Official Plan Amendment No. 100 (Straffordville Hamlet Expansion) Z323-94 A by-law to amend By-law No. 2038 (Hercules & Diane Burwell) Z324-94 A by-law to amend By-law No. 2038 (Steve & Ola Nezezon) Z325-94 A by-law to amend By-law No. 2038 (Ross Carson Farms Ltd.) Z326-94 A by-law to amend By-law No. 2038 (Andrew & Gertie Vryburg) Z327-94 A by-law to amend By-law No. 2038 (Fred & Ruth Sivyer) Z328-94 A by-law to amend By-law No. 2038 (Charles Newland) Z329-94 A by-law to amend By-law No. 2038 (Bill & Cathy Humphrey) 94-72 Confirming By-law. Moved by J. Volkaert Seconded by W. Casier "THAT by-laws 94-71, Z323/94, Z324/94, Z325/94, Z326/94 Z327/94, Z328/94 and Z329/94 be taken as read a first and second time." Moved by W. Casier Seconded by J. Volkaert Disposition: Motion Carried Unanimously "THAT by-laws Z323/94, Z324/94, Z325/94, Z326/94 Z327/94, Z328/94 and Z329/94 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 94-72 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by J. Nezezon "THAT by-law 94-72 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously SPECIAL COUNCIL MINUTES - 175 - December 22, 1994 15. ADJOURNMENT Moved by W. Casier Seconded by J. Nezezon "THAT the Council Meeting be adjourned." REEVE CLERK