HomeMy WebLinkAboutMarch 04, 2004 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O.Box 160,9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday, March 4,2004
7:00 p.m.
Public Planning Meetings
7:30 p.m.—Valke 8:00 p.m.—AIM PowerGen Corp.
The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. on
Thursday,March 4, 2004 in Council Chambers. Present were Mayor Lynn Acre Deputy Mayor Mathew
Schafer, Councillors Mark Taylor,Paul Ens and Cliff Evanitski,Administrator Kyle Kruger and Clerk
Lynda Millard.
The Planning Co-ordinator Margaret Underhill and Treasurer Suzanna Mantel were also in attendance to
present their respective reports.
1. CALL TO ORDER
Mayor Lynn Acre called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST&THE GENERAL NATURE
THEREOF
Mathew Schafer disclosed an interest in By-law 2004-013.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting of Council held February 19,2004
Minutes of the Budget Meeting of Council held March 1, 2004
2004-100 Moved by P Ens
Seconded by C Evanitski
"THAT the minutes of the regular meeting of the Municipality of Bayham held
February 19,2004 be approved."
Disposition: Motion Carried Unanimously
2004-101 Moved by C Evanitski
Seconded by P Ens
"THAT the minutes of the budget meeting of the Municipality of Bayham held
March 1,2004 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 41 - March 4,2004
4. DELEGATIONS
(a) 7:05 p.m.—Rob Lindsay.Elgin County Tree Inspector was in attendance to present the
proposed County of Elgin by-law—04 to regulate the destruction or injuring of trees in Elgin
County. Mr. Lindsay noted that the by-law has been drafted in response to requirements in the
Municipal Act, 2001, S.O. 2001. He stated that support of the by-law would provide consistent
guidelines reflecting good forestry practices throughout the neighbouring counties.
Mayor Acre offered a short time for attendees and council members to make comments or raise
questions. Those present were encouraged to submitted written comments for or against the draft
to Rob Lindsay do Kettle Creek Conservation Authority,R.R.# 8, St.Thomas N5P 3T3 or
email: kettleca@execulink.com.
Item 8.1(b).
ADDITION OF AGENDA ITEMS
The following items were added at the request of the Clerk:
• the Elgin County OPP Budget as unfinished business [Item 8.2(a)],removed by mistake.
• correspondence from Elgin County Warden Rock regarding Doctor Shortages and
Community Residency Program[Item 9.1 (g)].
• correspondence from the Elgin County Police Services Board [Item 9.1(h)].
• confidential correspondence regarding a litigation matter[Item 11.1(a)].
5. INFORMATION ITEMS
2004-102 Moved by P Ens
Seconded by C Evanitski
"THAT Information Items 5(a)through 5(i)be received for information."
Disposition: Motion Carried Unanimously
(a) Government of Canada Press Release dated February 26, 2004 regarding"$56 Million Allocated
for Affordable Housing in Ontario".
File: M06
(b) Vienna Community Centres Committee draft minutes of meeting held February 24,2004.
File: C06
(c) Memorandum from Mark G.McDonald, Secretary,Elgin Police Services Board regarding 2004
members.
File: P17
(d) City of Waterloo correspondence dated February 12, 2004 regarding a Symposium"After the
Double Cohort: Student-Community Relations.
File: A16
COUNCIL MINUTES - 42 - March 4, 2004
(e) Central Elgin Fire Rescue correspondence dated February 18, 2004 regarding Critical Incident
Stress Team support available for Firefighters.
File: P16
(f) Media Release dated February 24, 2004 regarding Community Health Centres applaud
Smitherman plan for primary health care.
File: M06
(g) Bayham Community Health Action Committee draft minutes of the meeting held February 16,
2006.
File: C06
(h) Elgin Group Police Services Board minutes of meeting held February 6, 2004.
File: CO6
(i) Edison Museum of Vienna draft minutes of meeting held February 17,2004.
File: CO6
6. PLANNING,DEVELOPMENT, RECREATION& TOURISM
1. CORRESPONDENCE&REPORTS
(a) Request from Marie Turvey,Elgin Trans Canada Trail Committee regarding Bayham appointee
to the Committee.
File: C12
2004-103 Moved by C Evanitski
Seconded by P Ens
"THAT Lynn Acre be appointed as the Bayham representative on the Elgin Trans Canada
Trail Committee;
AND THAT a by-law,to amend Appointments By-law 2004-001 accordingly,be prepared
for Council's support."
Disposition: Motion Carried Unanimously
(b) St. Thomas-Elgin Tourist Association correspondence dated February 2004 inviting attendance at
the Annual General Meeting to be held March 30,2004. (Annual Report available).
File: A01
2004-104 Moved by C Evanitski
Seconded by M Taylor
"THAT the St.Thomas-Elgin Tourist Association correspondence dated February 2004
regarding the Annual General Meeting to be held March 30,2004 be received for
information;
AND THAT Council appoints Paul Ens to represent the municipality at the meeting."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 43 - March 4, 2004
(c) Staff Report D2004-010 regarding VanLeeuwen Severances E15/04, El 6/04 and El 7/04.
File: D10
2004-105 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report D2004-010 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance applications E15/04,E16/04 and E17/04 be approved subject to:
1. execution of a sewer services development agreement for each of three lots with the
municipality;
2. 5500 cash-in-Iieu for each of three lots created payable to the municipality; and
3. rezoning for application E 17/04 to remove the holding provision."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETINGS
2004-106 Moved by M Schafer
Seconded by C Evanitski
"THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to
the provisions of the Planning Act."
Disposition: Motion Carried Unanimously
1.(a) Application:
7:30 a.m.—Application to change zoning on a parcel of land comprising 2.3 hectare(5.6 acres)
situated on the north side of Heritage Line, east of Toll Gate Road in Part Lot 131, Concession 7
N.S.T.R. from the site-specific Agriculture(A1-6)zone to the site specific Rural Industrial(M2-
6)zone submitted by Robert Valcke.
File: DI4
2. Declaration of Pecuniary Interest and the General Nature Thereof
None
3. Staff Presentation
Staff Report D2004-011 was presented by the Planning Co-ordinator. She noted that a site plan
agreement may be considered to ensure the orderly development of the property and address
items such as buffering, screening, fencing and location of buildings.
4. Public Comments
None
COUNCIL MINUTES - 44 - March 4, 2004
S. Council Comments and Questions
None
6. Adjournment
2004-107 Moved by M Taylor
Seconded by M Schafer
"THAT the Public Meeting be adjourned at 7:50 p.m."
7. Disposition of Item
2004-108 Moved by M Schafer
Seconded by C Evanitski
"THAT Staff Report D2004-11 be received;
AND THAT Council approve the rezoning application by Robert Valcke for Part of Lot 131
Concession 7 N.S.T.R.,to change the Agriculture(Al)Zone to the Site-Specific Rural
Industrial(M2-6) Zone, subject to completion of a satisfactory site plan agreement with the
municipality;
AND THAT By-law No. Z469-2004 be deferred."
Disposition: Motion Carried Unanimously
2004-109 Moved by M Taylor
Seconded by P Ens
"THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to
the provisions of the Planning Act."
Disposition: Motion Carried Unanimously
1.(h) Application:
8:00 p.m.-Application to change zoning on various parcels of land located throughout
Concession 1 through Concession 3,by adding the Wind Farm(WF)Zone to various rural zones
in the Zoning By-law of the Municipality of Bayham submitted by AIM PowerGen Corporation.
2. Declaration of Pecuniary Interest and the General Nature Thereof
None
3. (a) Staff&Planning Consultant Presentation
Staff Report D2004-012 was presented by the Planning Co-ordinator
William Pot,Planning Consultant, Cumming Cockburn Limited proceeded to outline the
three main points regarding the proposed amendments: the nature of the application, the
regulations governing the application, and how they apply to the lands subject of the applications.
COUNCIL MINUTES - 45 - March 4, 2004
Mr. Pol stated he is satisfied that the proposed amendments for the property locations
along the lakeshore conforms to the Official Plan to allow,construction of wind turbines. He
reviewed the construction type proposed,being 78 metes in height from hub to base,with blades
being 39 metres each in length.
Mr. Pol reviewed specifics of the proposed setback requirements, outlining that the
properties are generally removed from the residential areas and the agricultural area setbacks
proposed provide for safety noise and visual intrusion. Should there be ice build up the turbines
stop rotating to prevent blade damage,minimizing any public risk.
The established noise criteria relies on Ministry of the Environment standards and noted
that impact is lessened during stronger wind conditions. MOE standards must be met by the
turbines proposed by AIM Power Gen prior to site plan approval.
Mr.Pol added that the shadow flicker and reflection caused by blade movement has a
temporary occasional impact and can be reduced by a matt finish paint.
Visual impact is addressed by the setback requirements along the eroding lakeshore and
the increase to 450 metres from Vienna and 600 metres from Port Burwell and the Provincial
Park.
Mr.Poll noted that migratory bird studies have been undertaken by the applicant
determining no impact and that there are no other natural heritage features to be addressed within
the areas proposed in the by-laws.
He stated that no telecommunication towers are impacted and the nearest identified
landing strip is located in Concession 6.
He added that no undeveloped vacant lands have been identified and he is satisfied that
the application, as proposed,meets the Official Plan specifications.
(b) Applicant Presentation
Sunil Kumar,Project Manager MacViro Consultants,spoke on behalf of AIM PowerGen
noting that the wind turbines would provide 150 megawatts in the Malahide,Bayham and
Norfolk area, connecting to the hydro grid south of Tillsonburg through use of the utility corridor.
He updated those present on the status of the project as proposed. He further noted that public
consultations for environmental screening,as required for both provincial and federal approvals,
have commenced, and the two meetings held have shown strong support for the project. He
suggested issues such as aesthetics have not been a concern and that there is much interest in the
economic development opportunities and job creation.
Mr. Kumar noted there would be a second public information meeting held in May/June
with a report to be completed in June or July. It was estimated that construction would proceed in
2005/2006.
COUNCIL MINUTES -46 - March 4, 2004
(c) Echo Energy Inc.presentation
Ron Kanter, Solicitor,McDonald&Hayden representing Echo Energy Inc.advised that
his client holds land leases with many property owners in Bayham,some parcels of which are the
subject of the proposed rezoning. He advised each lease provides Echo the right to explore and
drill for,produce and remove oil and gas and construct pipelines and related facilities.
He stated that there is a potential for land use conflict between the applicant's proposed
wind turbine development and his client's gas activities.
Mr. Kanter advised that Echo Energy Inc.has requested a"Spacing Order"from the
Ministry of Natural Resources,pursuant to the Oil,Gas and Salt Resources Act,which will
prevail over any municipal by-law and that Council must have regard to Section 2.2.2 of the
Provincial Policy Statement which states that Petroleum Resources will be protected for long-
term use and that petroleum resource operations will be protected from activities that would
preclude or hinder their expansion or continued use.
Mr.Kanter stated that the required studies have not yet been completed and that since
Official Plan Amendment No. 4 is not approved by the Ministry of Municipal Affairs the
rezoning by-laws cannot come into force and effect.
In order to protect the existing rights of clients,Mr. Kanter requested Council defer
rezoning approval and adopt his recommendations as outlined in his correspondence dated March
4, 2004 including:
a) Consents from Echo Energy to engage in any wind power activity on those properties
where Echo Energy holds a prior Gas Lease;
b) A"Gas Exploration and Removal Impact Study",to ensure that the siting and
operation of turbines and associated power lines will not preclude, interfere with or
hinder gas exploration or removal or the expansion of such uses;
c) Completion, circulation to council and independent peer review of the noise,visual
impact,natural heritage,conflicting land use and vacant land studies set out in
Sections 4.2.8.3 of Amendment No. 4 to the Bayham Official Plan.
(d) William Pol responded that Official Plan Amendment No. 4 was adopted in October by
Council and approval of modifications by the Ministry is forthcoming. He added that the
Provincial Policy Statement was considered during the Official Plan process. Through the
process of circulation by the Ministry of Municipal Affairs,no comments were received from the
Ministry of Natural Resources or any other Ministries regarding any conflict with resources.
Specifically,the Ministry of Natural Resources were solicited for input and that Schedule"A"to
the Official Plan identifies natural gas resources only in the north end of Bayham in the Corinth
area.
He added there is no conflict of land use. Buildings and equipment for both gas purposes
and wind turbines entail only a small portion of land and should be able to co-exist with no
conflicts.
Mr. Pol suggested deferral could be made at Council's discretion,however he is
confident that Council may move forward at this time.
COUNCIL MINUTES -47 - March 4,2004
(e) Mike Crawley, CEO, AIM PowerGen noted that stakeholder benefits of wind power have
increased interest and noted that when undertaking the Iand option agreements his company was
aware of existing encumbrances and was not of the opinion that this would prevent other
activities. He added that wind and gas resources may co-exist technically and legally.
(f) Ron Kanter responded that gas resources are not located only in northern Bayham,but
also in Concessions 1 through 3. He restated that large areas are required for oil and gas
development and that wind power will conflict. He suggested careful consideration be given
regarding the encumbrances and that the Planning Act is clear that petroleum resources are to be
protected from activities that effect continued use or expansion. Ile would be willing to meet
with Mr. Pol to further discuss this aspect.
4. Public Comments
Ken Wall, Sandy Shore Farm commented that for years farmers have been fighting the
wind and experiencing crop losses from it. He stated he is a strong supporter for wind resource
projects as a complement to agricultural crops. He suggested there are individual gains such as
lease payments, and also community gains through an enhanced tax base and creation of new
jobs. He continued that Mr.Kanter's remarks are bizarre. Mr. Wall added that he has leases with
both Echo and Aim and was threatened with legal action three or four months ago, which
suggested Echo could restrict all other development on the lands,including even garages etc. He
suggested one resource development shouldn't restrict another.
Lauren Lee,5th Concession advised that she is an owner of a landing strip there and
knows of other strips on Concessions 3, 4 and 5, one being close to the rezoning proposal. She
requested that the mapping be revisited for clarification.
Bert Abbott commented that although he has a lease with Echo Energy who has drilled a
gas well,he has also leased to AIM. He advised he sought legal counsel and was advised there is
no reason not to lease to AIM, gas is considered mineral rights and that he supports the MM
project.
Debbie Dujardin commented that her gas well is not in tillable land where the windmill
would bc,no conflict would be created.
5. Council Comments and Questions
Q. C. Evanitski questioned whether there should be fencing placed to prevent public risk in
regard to ice build-up/fall.
A. W. Pol responded that farming activities would not take place near the base and that the
towers would have setbacks from local roads and public areas.
Q. C. Evanitski questioned whether the municipal noise by-law would come into play.
A. W. Pol responded that this would be a mechanical use.
Administrator Kruger added that the by-law governs uses not noise levels.
Q. Would the tower be identified by lighting to warn aircraft?
A. NavCan will likely require a permanent red warning light on the hub.
COUNCIL MINUTES - 48 - March 4, 2004
Q. Why has Echo only now opposed the application when they were previously aware of
potential conflict ?
A. R.Kanter replied that he was only recently retained and he responded as soon as he was
aware of the situation.
Q. M.Taylor questioned whether Echo leases preceded all other leases, and how many of
the properties are affected.
A. R.Kanter responded there were agreements with more than one half of the owners.
Q. M. Taylor asked whether Echo's sister company,Echo Power Generation, existed at the
time the leases were entered into.
A. Jennifer Lugtigheid,Business Development Manager,Echo Power Generation Inc.
advised that they have acquired leases subsequent to Echo Energy leases.
C. Evanitski suggested the companies get together and sort out the situation,the province needs
electricity.
M. Schafer commented that the Official Plan recognizes the wind power use,the zoning by-law
recognizes where the wind turbines can be placed.
M.Taylor agreed, Council determines the use of land,the legalities are between the companies
and the land owners.
M. Crawley added that a turbine operates in Toronto where everything is close,as long as
recognized standards are followed there shouldn't be problems.
M.Taylor suggested that the airstrip location be looked at more closely.
6. Adjournment
2004-110 Moved by P Ens
Seconded by C Evanitski
"THAT the Public Meeting be adjourned at 9:20 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2004-111 Moved by C Evanitski
Seconded by M Schafer
"THAT Staff Report D2004-12 be received;
AND THAT Zoning By-laws No. Z460-2003,Z470-2004,Z471-2004,Z472-2004 and
Z473-2004 be deferred."
Disposition: Motion Defeated
COUNCIL MINUTES - 49 - March 4,2004
2004-112 Moved by M Taylor
Seconded by C Evanitski
"THAT Staff Report D2004-12 be received;
AND THAT Council approve the rezoning application by AIM PowerGen to change the
zoning on those parcels of land as recommended by Cumming Cockburn Limited in their
March 1, 2004 memorandum by adding the Wind Farm(WF) Zone designation;
AND THAT Zoning By-laws No. Z460-2003,Z470-2004,Z471-2004,Z472-2004 and
2473-2004 be presented to Council for enactment."
Disposition; Motion Can-led
7. ROADS,AGRICULTURE &DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Correspondence dated February 16,2004 from Henry Valks, Superintendent Port Burwell
Provincial Park requesting road grading services.
File: C13/T06
2004-113 Moved by M Taylor
Seconded by M Schafer
"THAT the correspondence dated February 16,2004 from Henry Valks, Superintendent
Port Burwell Provincial Park be deferred;
Disposition: Motion Carried Unanimously
8. PROPERTY, BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month ending February 29, 2004.
File: P10
2004-114 Moved by P Ens
Seconded by M Schafer
"THAT the Building Permit Report for the month ending February 29,2004 be received for
information."
Disposition: Motion Carried Unanimously
(b) Notice and copy of County of Elgin Draft Woodlands Conservation By-law 04-for consideration.
File: P00
COUNCIL MINUTES - 50 - March 4,2004
2004-115 Moved by C Evanitski
Seconded by M Taylor
"THAT the Notice and the County of Elgin Draft Woodlands Conservation By-law 04-be
received;
AND THAT the Council of the Municipality of Bayham provide written comments
regarding the draft by-law to the County of Elgin for consideration.
Disposition: Motion Carried Unanimously
(c) Staff Report P2004-008 regarding Livestock,Poultry&Honey Bee Protection Act,R.S.O. 1990.
File: P01
2004-116 Moved by P Ens
Seconded by M Schafer
"THAT Staff Report P2004-008 be received;
AND THAT By-law 2004-021,being a By-law to appoint a Livestock Valuer and set the
remuneration for services rendered,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(d) Correspondence dated February 27,2004 from Councillor Paul Ens regarding by-law
enforcement.
File: C13
2004-117 Moved by M Taylor
Seconded by M Schafer
THAT the correspondence dated February 27,2004 from Councillor Paul Ens regarding
by-law enforcement be received;
AND THAT the proactive enforcement of the property standards by-law be delayed
pending further consideration by Council;
AND THAT Staff be directed to enforce on a complaint basis only until further notice."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Elgin County O.P.P.proposed 2004 budget. (No Action)
File: P17
COUNCIL MINUTES - 51 - March 4, 2004
9. FINANCE,ADMINISTRATION& PERSONNEL
I. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#7674 to Cheque#7724 inclusive,totaling$91,925.16,Cash
Requirements for the period ending March 15/04 and Payroll Disbursements for the period
ending February 18,2004 totaling$36,814.62.
2004-118 Moved by C Evanitski
Seconded by M Schafer
"THAT the Cheque Register being Cheque#7674 to Cheque#7724 inclusive,totaling
$91,925.16,Cash requirements for the period ending March 15/04 and Payroll
Disbursements for the period ending February 18,2004 totaling$36,814.62 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F2004-07 regarding Interim Tax Rebate.
File: F22-04
2004-119 Moved by P Ens
Seconded by M Schafer
"THAT Staff Report 2004-07 be received;
AND THAT the interim tax levy for roll#3401-000-005-07100-0000 be reduced by an
amount equal to the May installment, effective as of the due date for the May installment;
AND THAT total taxes for 2004 for the above noted property, determined at
the time of the issuance of the 2004 final tax bills,be reduced by only the February
installment of the interim tax levy."
Disposition: Motion Carried Unanimously
(c) Staff Report F2004-09 regarding Investments 2004.
File: Flt
2004-120 Moved by P Ens
Seconded by M Schafer
"THAT Staff Report F2004-09 regarding investments be received for information."
Disposition: Motion Carried Unanimously
(d) Staff Report F2004-08 regarding Agreement with Municipal Tax Equity Consultants.
File: L04
COUNCIL MINUTES - 52 - March 4, 2004
2004-121 Moved by M Schafer
Seconded by P Ens
"THAT Staff Report F2004-08 be received;
AND THAT By-law 2004-024,being a by-law to authorize the Mayor and Clerk to endorse
an agreement with Municipal Tax Equity Consultants Inc.,be presented to Council for
enactment;
AND THAT Staff be directed to incur costs for a value of no more than$800."
Disposition: Motion Carried Unanimously
(e) Resolutions to be passed in regard to provision of CIBC banking services.
F04
2004-122 Moved by P Ens
Seconded by C Evanitski
RESOLVED:
1. THAT the Corporation of the Municipality of Bayham make use of the Depository facilities
of the 200 Broadway Street,Tillsonburg, Ontario branch of the Canadian Imperial Bank of
Commerce(the"bank"); and that any one of the following:
(i)Treasurer and Mayor,or
(ii)Treasurer and Deputy Mayor,or
(iii)Mayor and Administrator,or
(iv)Deputy Mayor and Administrator
is hereby authorized for and on behalf of the Corporation to execute and deliver any and all
agreements and other documents required by the Bank in this connection and to appoint
from time to time such agents as he/she may consider desirable or requisite for purposes of
using the said facilities;
2. THAT this resolution shall remain in force and bind the Corporation until written notice to
the contrary has been received by the Manager or Acting Manager of the said branch of the
Bank."
Disposition: Motion Carried Unanimously
2004-123 Moved by C Evanitski
Seconded by M Taylor
Resolved that:
1. CIBC as banker. The Corporation of the Municipality of Bayham appoints CIBC as its
banker.
2. Authorized Signing Officers. The Authorized Signing Officers of the Corporation shall
be: Mayor Deputy Mayor Treasurer Administrator
COUNCIL MINUTES - 53 - March 4,2004
The Treasurer and Mayor, or the Treasurer and Deputy Mayor, or the Mayor and
Administrator, or the Deputy Mayor and Administrator may exercise Signing Authority
(defined below) on behalf of the Corporation.
3. Deposits etc. Any of the Authorized Signing Authorities as well as any of the following:
Donna Lamoure and Sandra Maertens is authorized for and on behalf of the Corporation
from time to time to negotiate for deposit with CIBC (but for the credit of the Account only)
any and all cheques,promissory notes,bills of exchange and payment orders.
The Corporation's endorsement on any item deposited to an Account may be made by
means of a rubber stamp or any other device.
4. Definitions. In this resolution:
"Account"means each and every account the Corporation maintains from time to time with
CIBC,whether in a trade name or otherwise.
"CIBC"means Canadian Imperial Bank of Commerce.
"Service" means the Business Operating Account Service or Business Operating Account
Service with Wallet Depository Service or other account service, however named, offered
from time to time by CIBC.
"Signing Authority"means authority to do any of the following from time to time for or on
behalf of the Corporation:
(a) sign or endorse any cheques, promissory notes and evidences of indebtedness,
whether or not an overdraft is created in any Account as a result;
(b) provide any authority to any CIBC officer to accept and/or pay any and all drafts,
bills of exchange or promissory notes on the Corporation's behalf;
(c) enter into any securities-related transactions with CIBC or any of its securities
subsidiaries;
(d) receive from CIBC or any of its subsidiaries any stocks,bonds or other property of
the Corporation;
(e) sign receipts for and orders relating to any of the Corporation's property held by or
on behalf of CIBC or any of its subsidiaries;
(f) borrow money or otherwise obtain credit from CIBC by way o f loans, advances,
overdrafts or otherwise; and give security over any or all of the Corporation's
currently owned or after-acquired, real or personal, movable or immovable
property to secure any such credit obtained by CIBC, and sign all documents
necessary to do so;
(g) guarantee to CIBC the indebtedness and liability of any person,firm or corporation,
in either a limited or unlimited amount and either with or without security;
(h) sign any agreement with or authority to CIBC or any of its subsidiaries relating to
the Corporation's banking and financial services needs, whether generally or with
regard to any particular transaction (including, among other things, (1) account
operation agreements, (ii) interest rate, foreign exchange and commodity-related
banking arrangements, and (iii) CIBC's service agreements for centralized cash
control, third party payments, electronic data interchange, money market trader
and any other of CIBC's cash management services);
(i) execute and deliver any application or agreement that CIBC may require with
respect to any service and appoint any person(s) permitted to be appointed with
respect to such Service.
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 54 - March 4,2004
(f) Dream of a Lifetime Lottery correspondence dated February 6, 2004 requesting permission to
conduct a Raffle Lottery in Bayham under Provincial License#P040029.
File: P09
2004-124 Moved by C Evanitski
Seconded by P Ens
"THAT the Dream of a Lifetime Lottery correspondence dated February 6,2004 be
received;
AND THAT the Council of the Municipality of Bayham grants permission to conduct a
Raffle Lottery in Bayham under Provincial License#P040029 as submitted."
Disposition: Motion Carried Unanimously
(g) Correspondence dated March 3,2004 from Elgin County Warden Dave Rock regarding Doctor
Shortage and Community Residency Program.
File: A16
2004-125 Moved by M Schafer
Seconded by M Taylor
"THAT the Council of the Municipality of Bayham supports the Middlesex-Elgin
Community Residency Program;
AND THAT the County of Elgin and the County of Middlesex be advised of our support
for this initiative."
Disposition: Motion Carried Unanimously
(h) Correspondence dated February 26, 2004 from David Rock, Chair, Elgin Group Police Services
Board regarding off-road vehicles.
File: C10
2004-126 Moved by M Taylor
Seconded by M Schafer
"THAT the Council of the Municipality of Bayham supports the request from the Elgin
Group Police Services Board and opposes the passage of any by-law to allow Off-Road
Vehicles to travel on municipal roadways."
Disposition: Motion carried Unanimously
2. UNFINISHED BUSINESS
(a) Staff Report C2004-003 regarding Council Rates of Pay. (Deferred from January 22/04)
File: F
COUNCIL MINUTES - 55 - March 4,2004
MOTION TO EXTEND LENGTH OF MEETING
2004-127 Moved by P Ens
Seconded by C Evanitski
"THAT in accordance with Section 12 of Procedural By-law 2002-93, Council shall deal
with business until 11:30 p.m. at its meeting of March 4,2004."
Disposition: Motion Carried Wite+141151!ffly
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Correspondence from Kimberly and Robert Pierce requesting permission to use municipal water
for agricultural purposes.
File: E06
2004-128 Moved by M Schafer
Seconded by C Evanitski
"THAT the correspondence from Kimberly and Robert Pierce be referred to Staff for
comment and preparation of a report for Council's consideration."
Disposition: Motion Carried Unanimously
(b) Correspondence dated February 12,2004 from the Big Otter/Catfish Watersheds Irrigation
Options Project 2002-2003. (Full Report available)
File: D05
2004-129 Moved by P Ens
Seconded by C Evanitski
"THAT the correspondence dated February 12,2004 and the Report from the Big
Otter/Catfish Watersheds Irrigation Options Project 2002-2003 be received for
information."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
1. CORRESPONDENCE&REPORTS
2004-130 Moved by P Ens
Seconded by M Schafer
"THAT the Council do now rise to enter into an"In Camera" Session of Committee of the
Whole to discuss confidential legal matters."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 56 March 4, 2004
2004-131 Moved by C Evanitski
Seconded by P Ens
"THAT the Committee of the Whole do now rise from the"In Camera" Session."
Disposition: Motion Carried Unanimously
(a) Confidential correspondence regarding a legal matter.
12. BY-LAWS
By-law Z469-2004 A By-law to Amend Zoning By-law Z456-2003 (Valke) (No Action)
By-law Z460-2003 A By-law to Amend Zoning By-law Z456-2003 (Aim PowerGen-Wind
Farms)
By-law Z470 -2004 A By-law to Amend Zoning By-law Z456-2003 (Carrel,
Ringland,Underhill,McCord,Algar Farms-Walcarius)
By-law Z471 -2004 A By-law to Amend Zoning By-law Z456-2003
(Underhill)
By-law Z472-2004 A By-law to Amend Zoning By-law Z456-2003
(Dujardin, Szakal, Carvalho)
By-law Z473 -2004 A By-law to Amend Zoning By-law Z456-2003 (Abbott,
Townsend,Wall,Winter)
By-law 2004—013 A By-law to Stop Up, Close & Convey Part of the
Unopened Road Allowance Between Lots 113 and 114,
Concession N.T.R., Plan 11r-8059 Parts 7,8,9,10, and 11
(No Action)
By-law 2004—021 A By-law to Appoint a Livestock Valuer& Set Remuneration
By-law 2004—024 A By-law to Authorize the Execution of an Agreement with Municipal
Tax Equity Consultants Inc.
By-law 2004—023 A By-law to confirm all actions of Council
2004-132 Moved by M Taylor
Seconded by P Ens
"THAT By-laws Z460-2003,Z470-2004,Z471-2004,Z472-2004,Z473-2004,2004-021 and
2004-024 be read a first,second and third time and finally passed."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 57 - March 4,2004
2004-133 Moved by M Schafer
Seconded by C Evanitski
"THAT confirming By-law 2004-023 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2004-134 Moved by C Evanitski
Seconded by P Ens
"THAT the meeting be adjourned at 11:10 p.m."
Disposition: Motion Carried Unanimously
MA R CLERK
Date Approved: 't 51 d/Tia if