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HomeMy WebLinkAboutPort Burwell By-Laws 1990Port Burwell By� Laws By -Laws #90-01--90-24 1990 Form 100 Ont -7z CT A BY-LAW No.. J.U-0! to authorize the borrowing of $ Whereas the Council of the (hereinafter called the "Municipality") deems it necessary to borrow the sum of $ -70 / (/Vo - to meet, until the taxes are collected, the current expenditures of the Municipality for the year; .he K.—litterestimatef to the And Whereas the total amount of the estimated revenues of the for the current Municipality as set forth in the estimates adopted for the year 1987 , is rear if adopted; P Y P Y if not. to those of last ye.r. fIMete this And Whereas the total of amounts heretofore borrowed for the purposes ooi�eaw,S`°°` mentioned in subsection (1) of Section 332 of The Municipal Act which -have is E C� not been repaid is S Therefore the Council of the V i H u5-t of R) hereby enacts as follows: 1. The Head and the Treasurer are hereby authorized on behalf of the Municipality to borrow from time to time by way of promissory note from CANADIAN IMPERIAL BANK OF COMMERCE a sum or sums not exceeding in the aggregate = 70/ D 0 0 to meet until the taxes are collected the current expenditures of the Municipality for the year, including the amounts required for the purposes mentioned in subsection (1) of Section 332 of the Municipal Act, and to give on behalf of the Municipality to the Bank a promissory note or notes sealed with the Corporate Seal and signed by the Head and Treasurer for the moneys so borrowed, with interest at such rate as may be agreed upon from time to time with the Bank. 2. All sums borrowed pursuant to the authority of this by-law, as well as all other sums borrowed in this year and in previous years from the said Bank for any or all of the purposes mentioned in the said Section 332, shall, with interest thereon, be a charge upon the whole of the revenues of the Municipality for the current year and for all preceding years as and when such revenues are received. 3. The Treasurer is hereby authorized and directed to apply in payment of all sums borrowed as aforesaid, together with interest thereon, all of the moneys hereafter collected or received either on account or realized in respect of taxes levied for the current year and preceding years or from any other source which may lawfully be applied for such purpose. " Passed this day of J G' h [4 a r/ 19 91/ ....................... xrn� rry ..................... CLERK I hereby certify that the foregoing is atrue copy of By-law No. —01 of the Vt l/ai5 -e of 6/' f- RaVi—V-tl- 11 in the Province of Ontario, duly passed at a meeting of the Council of the said Municipality duly held, and that the said By-law is in full force and effect. f h Dated This C day of Jon ifui- y 19 �O As Witness the Seal of the V �t of 6- - 6 mrw-e // a 0 Is THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting ....... j.G..�.o ... valry ...... ... .. . 19. YO Moved By That leave be granted to introduce By-law to Seconded By . .... ...................... 411p 7,e, rs be I ki C4 J-V tj C4 e r and that By-law presented herewith be read a first time. By-law read a ---{.!r ..---------time Moved By ---- z Seconded By .- B Moved By .1 ------- Seconded By, ... ........ By-law d a Moved By --------- Seconded By ...... — - - -------------- That By-law now read a first time be read a second time forthwith. Qttoc ;an Vo.9 /90 That By-law now read second time be re a third time forthwith vxcoe_ Igo That By-law now read a third time do pass, be engrossed by the Clerk, an signed sealed by the Reeve.�,,-, THE CORPORATION OF THE • VILLAGE OF PORT BURWELL BY-LAW NO. 90-02 Being a By -Law to amend Zoning By-law No. 87-26 and 88-19 which regulates the use of land and the character, location and use of buildings and structures for lands located on the east side of Elizabeth Street north of Wellington Street. WHEREAS The Council of the Corporation of the Village of Port Burwell deems it advisable to amend By-law 87-26 and 88-19 in accordance with the provisions of Section 34 of the Planning Act, 1983. NOW THEREFORE The Council of the Corporation of the Village of Port Burwell ENACTS AS FOLLOWS: • SECTION 1 Application 1.1 1.2 SECTION 2 Amendment 2.1 2.2 2.2.1 • 2.2.2 2.2.3 2.2.4 2.2.5 Section 2 of this By-law shall apply to the lands shown as "ZONE TO R2" and "R2" on Schedule "A" attached hereto. Schedule "A" is attached hereto and forms part of this By -Law. By-law No. 87-26 and 88-19 is hereby amended insofar as it applies to the permitted use of lands on Schedule "A" attached hereto as follows: The zone classification of the lands shown as "ZONE TO R2" is changed from no zoning coverage to Residential Zone (R2). The following is added as Section 7.2 of By-law No. 87-26: "e) townhouses" "f) one handicapped housing unit attached to an accessory building The following is added to Section 7.3 of By-law 87-26: "300 square metres per dwelling unit for a townhouse development" The following is added to Section 7.4 of By-law 87-26: "3.5 metres per dwelling unit for a townhouse development" The following is added to Section 7.6 of By-law 87-26: "40 percent - townhouse dwellings" The following is added to Section 7.8 of By-law 87-26: "40 square metres per townhouse dwelling" 2.2.6 The following is added to Section 7.10 of By-law 87-26: • "f) Townhouse Dwelling - side yard between the common vertical wall dividing one dwelling from the adjoining dwelling unit - nil - minimum side yard - 4.5 metres" BY-LAW READ A FIRST TIME THIS 13—DAY OF 1990. BY-LAW READ A SECOND TIME THIS DAY OF 1990. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 1990. s • . Timlin Clerk CJ burwlbl-46d 0 C. AIIin Reeve Village of Port Burwell • By-law Amending By-law 87-26 88-19 EMER"Im- This is Schedule "A" to By-law No.90-02 passed the 113 � day of 1 1 9 90. • C 2 LOY e e r -ter R2 - Residential Zone R-2 0 100 m 200 300 E • PURPOSE AND EFFECT OF BY-LAW NO.40-02 PURPOSE The pupose of this By-law is to zone certain lands to the Residential Zone (R2) to permit townhouse dwellings as a permitted use in the R2 Zone and to establish a number of land use regulations for townhouses. EF_ FECT This By-law will have the effect of permitting the development of townhouses in the R2 Zone and expanding the R2 Zone boundary. • 9 • J I 1 Iw( \ ERIEUS STREET � t~ a w w cn 0 0 J STREET w a 3 w w w I— z 0 SHAKESPEARE F- o z z_ 0 J H J 3 3 z MILTON STREET L I L VICTORIA STREET ELIZABETH STREET 0 100 m 200 300 il SCHEDULE • STATEMENT OF CONFORMITY TO THE EAST ELGIN OFFICIAL PLAN (CONSOLIDATED FOR THE VILLAGE OF PORT BURWELL, 1993) I, J. Timlin, Clerk for the Village of Port Burwell, have reviewed By-law 90-02 of the Village of Port Burwell. I am of the opinion that this By-law is in conformity with the East Elgin Official Plan for the Village of Port Burwell. Date • 0 J. Timlin - Clerk • E THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting Moved By ............. .. .--- Seconded By ......�,.< _ and that Bylaw presented herewith be read a first time. By-law read a ........ -.--..time Moved ---------•---.-_-------- Seconded By .._.� -----......... -...... - - By-law read a -.- -- --------- time Moved By Seconded By.., By-law read a . `VL r �, time Il- MovedBy ....._.._... _.... G' _............... --................. NV Seconded By _ — .... ..----.......... --- .... 1.3 ...... I qo-oa That leave be granted to introduce By law to 9-In'67lud 44 That By-law now read a first time be read a second time forthwith. \\C-N 4e That By-law now read a second time be read a third time forthwith. �� C_" C V o That By-law now read a third time do pass, be engrossed by the Clerk, and signed and sealed by the Reeve. SCHEDULE 1 THIS IS A TRUE COPY OF BY-LAW 90_02 OF THE VILLAGE OF PORT BURWELL PASSED BY THE COUNCIL OF THE VILLAGE OF PORT BURWELL THE % ,� f� DAY OF , 1990. • it • 1 BY-LAW NO 0 v 0 3 • A By -Law to govern the proceedings of Council and Committees THE COUNCIL OF THE CORPORATION OF THE PILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: i. In this Bp -Law (a) "Clerk- means the Clerk of the \ i l 1 age of tort Burwe i t . (b) "Counci i'• means the Counci i of• the k i l iage of Port. Burwe l l . ((`) ilead of Council means the. Reeve.. (d) "Quorum- means the ma,jori t}• of the total membership of . C.ouncii or of a Committee. Z. The rules and regulations contained in this By -Law shaii be observed in- ali proceedings of the Council and shaii. be the rules and regulations for the order and dispatch of business in the Council and in the Committees thereof*, provided t-ha t the rules and regulations eont.ainpd herein may he st_sspendec- by a vote of the (:ounci 1 and in any case four whir�h provisit)n is not made herein the procedure to be fol towed sha i i be, as near as may be, that followed in T.he Legislative kss; mbly- .of Ontario any: its Committ.ees. COUNCIL MEETINGS 3. Meetings of thF Council shall be held at the Counci: Chambers adopted and used by the Council from time to time for such purpose. The Inaugural Meeting of Council shal; take place at 7:00 p.m. on the First. Tuesday in December, following the election. The next and each succeeding regular meeting of Council shall be held on the Senorid and Fourth Tuesday of each Month at 7:30 p.m. 4. The Head- of Council or His/Her Designate shall prps:id- at all meetings of Council. 5. When the day for a regular meeting of Council is a pubiir- l,r civic holiday, the Council shall, unless the Council decides otherwise, meet at the name hour on the next following -iay- which is not, a public or civic holiday. 6. The Head of Council may at any time, summon a Special Meeting of Council, or upon receipt of the petition of the - ma.jor i.ty- of the Members of the Council, the -C: lerk shall summon a Special Meeting for the purpose and at the time mentioned in the petition. Forty-eight hours notice of all Special Meetings of Council shall he given to the Members through the Clerk's Office. The only business to be dealt with at a Special :Meeting is that which is listed in the notice of the meeting.. i. All meetings dealing with personnel, property and litigation shall be held "in camera". R. Members of Press will be provided with: (a) copy of agenda (b) copy of petitions and communications at the start of each Council Meeting. All other items are to be dealt with by Council before being released to Press. 9. In the case of the absence of the Head of the Council from . the MunicipRlity, or if he/she is absent through illness, or he/she refuses to act or his/her Offir-P is vacant. A Member of Co cil shall he appointed by dead of Council or vote of Council to act. from time to time in the place and stead of the Head of the Council and he/she shall, have all thr rights;, powers, and nuthorit.- of thN h ad of Council, whi lr- so doing. Any '•(ember so appointed or Noted to act, shall bN cal l-ed "Chairman'• . CALLING OF MEETING TO ORDER AND Q1,ORUM 10. As soon after the hour fixed for the holding of the meeting of the Council as a quorum is present, the Head of Councii shall take the Chair and call the meeting to order. ABSENCE OF HEAD OF COUNCIL 11. Subject. to the provisions of The Municipal Act, and Where nn Presiding Officer has been appointed under Clause y of this • By -Law, in case the Head of Council does not attend within fifteen (15) minutes after the time appointed for a meeting of the Council, the Clerk shall call the 'Members to order and an acting Head of Council shall be appointed from among `the Members present and he shall preside until the arrives: of the Head of Council and while so presiding, the acting Head of Council shall have all the powers of the dead of Council. t e 0 „. NO QUORUM 12. if no quorum is present, one-half hour after the time appointed for a meeting of the Council, the Clerk shall record the names of the Members present and the meeting shall stand adjourned until the date of the neat Regular Meeting. CURFEW 13. No item of business may be dealt with at a Council Meeting after 11:30 p.m. THE. CONDUCT OF PROCEEDINGS AT A MEETING OF COUNCIL • 14, It shall be the du % of the head of Council or other• Presiding Officer: (a) to open the meeting of Council by taking the chair and calling the Members and Public to order; (b) to announce the business before the Council in the order in which it is to be acted upon; (c) to receive And submit, in the proper manner. all motions presented by the Members of Council; (d) to put to vote All questions which are regularly moved and seconded, or necessarily arise in the course of proceedings, and to announce the result; (e) to decline to put to vote motions which infringe the rules of procedure; • (f) to restrain the Momhers, in accordance with "Bourinot's Rules -of Order”, when engaged in debate; (g) to enforce on ail oc-easions the observance of order and decorum among the Members and Public; (h) to call by name any Member persisting in breach of t_h+- rules or order of the Council, thereby ordering him t(, vacate the Councii Chamber; (i) to receive all messages and other communications and announce them to the council; (J) to authenticate, by his/her signature when necessary, all by-laws, resolutions, and minutes of the Council; (k) to inform the Council, when necessary or when referred to for the purpose, on a poinr of order or usage; (1) to represent and support the Council, declaring its will, and implicitly obeying its decisions in ail things; (m) to ensure that the decisions of tounviI are in conformity with the laws and by-laws governing thF- activities of the Council; (n) to adjourn the meeting when the business is concluded; (o) to adjourn the meeting without question put in the case - of grave disorder arising in the Council Chamber. • AGENDA 15. The Geri: Khali have prepared and printed for the usv of Members at the reguiar meetings of Counr•i i an agenda unrii,r the following headings: (a) i,iscinsure of Interest (b) Minutes of previous meetings ( c ) Deputations (d) BY -Laws (e) Report of Committees 1 - Petitions, Communications & Commitr_ee Reports 2 - unfinished Business • 3 - New Business 4 - Inquiries by 'Members (f) Notice of 'lotion of New Business ( g ) Adjournment Under Report of Committees - All. members shail handle their responsibilities at one time under above -order of business. Ail business shall be handled in this order unless otherwise s decided by unanimous approval of Council. Members of Council shall be provided with copies of Agenda etc. on the Friday proceeding the meeting. 69'erl ,* '$V Ipe %oOej Oh �he 00:c.? Bul d" Avad a)rc%-fh� 6Vmn &,"14y //t�ov► QOarcl n��f 4o 4 h z Po 54 OA " -e. AGENDA PROCEDURE 16.1 Disclosure of Interest - to allow members to declare an. conflict of agenda matters. 16.2 Minutes - Minutes shall record: (a) The Place, date and time of meeting; (b) The names of the Presiding Officer or Officers and record of the attendance of the Members; (c) The reading, if requested, correction and adoption of the `iinute4 of prior meetings; (d) All other proceedings of the meeting without note or comment.. it. shall. be tine duty tof the Clerk to ensure that the Minutes of the last regular meeting, and all special and Standing Committee meetings held more than five working (5) days prior to a regular meeting, together with the agenda prepared in aocordanoe with Clause 15 are mailed or delivered to each Member not. less than forty-eight (48) hours before the hour appointed for the holding of swch regular meeting. Such minutes as referred to in t.1ause 15 may be adopted by Council withou; having been read at the meeting considering the question of their adoption, and in other cases, the Minutes shall be read prior to consideration of adoption. 16.3 Deputations (a) Persons desiring to present" information verbally on matters of fact or make a request of Council shah give notice to the Clerk not less than three (3) working days before the eommencement of the meeting of the Council. and may he heard by leave of the Presiding Officer of Council, but shall be limited in speaking to not more than ten (10) minutes except that a delegation consisting of more than five (5) persons shall be limited to two (2) speakers, each limited to speaking notmore than ten (10) minutes. ■ Y 1 (b) The Clerk shall provide all Deputations; and Delegations with a copy of By -Law relating to Deputations. 16.4 Reading of By -Laws and Proceedings Thereon (a) No By -Law except a By -Law to confirm the proceedings of Council shall be presented to Council unless the subject matter thereof has been cc,usidered and approved by Council. (b) Every By -Law shall be introduced upon motion by a Member of the Council, specifying the title of -the By - Law . (c) Every By -Law when introduced, shall be in typewritten form and shall contain no blanks except such as may be required to conform to accepted procedure jr to comply with the provisions of any Act, and shall be complete • with the exception -if the nstmher Rnd date t herFof . (d) Every By -Lau shall hate three readings prior to is being passed. ( r) The First reading of a By-I.aw sha i; he deo i :i.-d w i t si...o amendment_ or debate. (f) If the Council determines that the By-1.a%, i to i,e considered in Committee of the Whole, it. shaI: b«- so considered previous to the third reading.thert-uf. (g) In proceedings in Committee of the Whole, upon'Bt- Laws, each section shall be considered in its proper order, inclusive of the title and rer-ital.s. (h) If Council so determines, a fly -Law may be taken as read. 1i) The Clerk RhalI set out on RlI By-I.aw% enacted by Council, the date of the several readings thereof. • (.j) All amendments made in Committee of ;he Whole 'shall be reported by the Chairman to the Council whir -it shali receive the same forthwith and after the report has been received, a By -Law shall be open to debate and amendment before it is ordered for the third reading. (k) When a By -Law is reported without amendment, it. shall be forthwith ordered to be read the third time at such time as be appointed by the Council. (1) Every By -Law enacted by the Council shall he numbered and dated and shall be sealed with the seal of the Corporation and signed by the Clerk and the Presiding Officer and shall be deposited by the Clerk in his Office for safekeeping. 16.5 Committee Reports (Standings & Special Communications and Committee Reports (a) Every communication, including a 'petition or committee report, designed to be presented to the Council, shall be legibly written or printed and shall not contain any obscene or improper matter or language and shall be signed by at least one person and filed with the Clerk. (b) Every communication shall be delivered to the Clerk not less than three (3) working days before the • commencement of the meeting of the Council. (c) All communications on any subject within the cognizance of a Standing Committee shall, on presentation, unless otherwise disposed of by Council forthwith, he considered as referred to the appropriate Committee as the case may be without any motion or debate itniess otherwise ordered by Council. 1 16.6 Unfinished business The items listed in 'he order of the topics set out in the agenda of prior meetings which have not been disposed of by CriunviI and the date of their first appearance on the agenda, shall he noted and repeated on each subsequent agenda until disposed of by Council, unless removed from the agenda by leave of the Council. 16.7 New Business Shall include (a) motions of which prior notice has been given, and , (b) motions of a routine nature, and (e) general information pertinent to the business of the Corporation, (without debato). 16.8 Inquiries b* `)embers Questions may be put, to the Head of the Council or through him/her to any member of the Council relating to any By-i.aw, • -8- motion, other matter connected with the business of Council, or the affairs of the Municipality, but no argument or opinion, is to be offered or facts to be stated except so far as necessary to explain the same, and in answering any such question, a member is not to d*ebate the matter to which the same refers. 17. Motions and Resolutions Members of Council are to advise the Clerk on day of Council Meeting of any resolutions they wish prepared. The Clerk will ensure that motions will be typed and deposited at the Council Table prior to a Meeting. Members are to have motions arising from committee reports, petitions, communications, and unfinished Business, seconded and given to the Clerk prior to the ;Meeting. The Clerk is to rears all motions and pass same to the Head of Council. • (b) Motions arising from digcus4i.ons may he presented at any time, in accordance with the rules of debate. 18. After a motion has been received by the Hears of the iounci1, it shall be deemed to be in possession of the Council, but may with permission of the Council, he withdrawn at, any time before decision or amendment. i9. Reference to a Committee A motion to refer a matter under discussion by the Councii to a Committee of the Council, shall previude ail amendment.R of the main question anti 1 it is deciders. 26. Amendment - A motion to amend - shall be presented in writing, - shall receive disposition of Council, i,efore a previous amendment, or the question, • - shall not be further amended more than onve provided that further amendment may be made to the main question, - shall be relevant to the question to be -received, - shall not he received proposing a direct negative to the question, may propose a separate and distinct disposition of a question, - shall be put in the reverse order to that in which it i,: moved. 21. Notices of Motion Notices shall be given in writing, without debate giving notice to Council: 1 - to amend, repeal or alter this By -Law, and 2 - to introduce any new measure or change in the Council's established policy. 22. The Previous Question A motion for the previous quesLinrn . - cannot be amended, cannot be proposed when there is an amendment under consideration, - shall preclude all further amendments of the main question, - when resolved in the affirmative, the qupst.ion is to be put forthwith without debate or amendment, - can only be moved in the fol?'owing words, "that the question be now put," and may be voted against by the mover and seconder. 23. Motion to Adjourn A motion to adjourn - shall always be in order except as provided by these . rules, «hen resolved in the negative, cannot be made again until after some intermediate proceedings shall have been -completed by Council, - is not in order when a Member is speaking or during the verification of a Vote, - is not in order immediately following the affirmative resolution of a motion for the previous question. 11 24. Privilege A motion on a matter of privilege shall receive disposition of Council forthwith upon receipt and, when settled, the question so interrupted shall ble resumed from the point where it was suspended. 25. Motion to Refer A motion to refer back a question to Committee with or without, instructions may be amended but must receive disposition by Council before the question, or an amendment to the questt"on, and when made prior thereto, before decision on a motion for the previous question or postponement. VOTING ON MOTIONS • 26. Questions Stated (a) immediately preceding the taking of the vote, the Presiding Officer mad states the question in the form introduced and shall do so ii required by a Member except when a motion for the pre '.•iotis question has been resolved in the affirmative. He shaii state the question in the precise form in which it will` -be recorded in the Minutes. (b) No Interruption after Question After a question is finally pelt by the Presiding Officer, no Member shall speak to the question or shall. any other motion he made until after the vote is taken and the result has been declared. (c) Ultra Vires A motion in respect of a matter which is beyond the • ,jurisdiction of the Council shall not he in order. (d) Motion to Divide A motion containing distinvi. proposais may be divided by leave of Council. (e) Division of Question A separate vote shall he taken upon each proposal contained in a question divided with ;eaves of the Council. j s • _ � -11- � (f) Vote not allowed A Member not present before the result of the division on a question is declared shall not be entitled to vote on that question. (g) unrecorded Vote The manner of determining the decision of the Council on a motion shall be at the discretion of the Presiding Officer and may be by voice, show of hands, standing or otherwise. (h) Recorded Vote When a Member present requests a recorded rote, all Members present at the Council or Committee Meeting must vote unless otherwise prohibited by statute. The • names of those whom voted for and others who irote(i against shall be noted in the Minutes. The Clerk shall announce the results. A request for a recorded vote can only be made before an unrecorded vote is taken except as set. out in Clause 29. 27. RE; LES OF DEBATE (a) Every Member prior to speaking t.o and question or motion shall be recognized by the Presiding Officer. When two or more `!embers wish t.o speak, the Presiding Officer shall designate the Member who has the floor who shall be the Member who, in the opinion of the Presiding Officer, requested first. Ever- Member present at a meeting of the Council when a question is put shall vote thereon unless prohibited by statute. (1)) When a recorded vote is requested by a Member, or is otherwise required, the Clerk shall record the name and vote of every Member on any matter or question. 0(c) If any Member at a meeting of the Council, when a question is put and a recorded vote taken, does not vote, he shall be deemed as voting in the negative except where he is prohibited from voting by statute. (d) If a Member disagrees with the announcement of the Presiding Officer that a question is carried or lost, he may, but. only immediately after the declaration.by the Presiding Officer,appeal the declaration and request that. a recorded vote be taken. (e) When the Presiding Officer calls for thb vote on a -12- question, each Member shall occupy his seat and shall remain in his place until the result of the vote has been declared by the Presiding Officer, and during such time no Member shall walk across the room to speak to any other Member or make any nbise or disturbance. ( f ) when a Member is speakin , tic) other Membershall pass between him and the Cif it 43r interrupt him except to arise a point of order. (g) Any Member may require the question or motion under discussion to be read at any time during the debate but not so as to interrupt a Member while speaking. (h) No Member shall speak more than once to the same question without leave of the council, except that a summation shall be allowed to be made by a Member of the Council who has presented the motion io the ' Council, but not. by any 'Member who has moved an amendment or a procedural motion. (i) No Member, without jeave of the Council, shall speak to the same question, or in reply, for longer than ten minutes. (j) A `(ember may ask a question or make a statement for the purpose of obtaining information relating to the matter, under discussion and such quesrion must be stated briefly and asked only of the previous speaker. (k) Notwithstanding Clause 27 (J), when a Member has been recognized as the next speaker, then immediately before speaking, such Member may ask a question of the Presiding Officer or an official of the Municipality on the matter under discussion but only for the purpose of obtaining information, following which the Member shall speak. ' (1) The following matters and motions with respect thereto may be introduced orally without written notice and without leave, except as otherwise provided by these Rules of Procedure: ( i ) a point of order or personai privilege; (ii) presentation of petitions; (iii) to lay on the table; • 28. • I r -13- (iv) to postpone indefinitely or to a day certain; (v) to move the previous question. (m) The following motions may be -introduced without notice and without leave, but such motions shall be in writing and signed: (i) to refer; (ii) to adjourn; (iv) to suspend the Rules of Procedure. (n) Except as provided by Clause 27 (1) above, all motions shall be in writing and signed by the ',lover and Seconder. (o) Tn all unprovided r•afsea in the proceedings of the Council or in the Committee of the Whole, the matter shall be decided by the Presiding Officer, subject to an appeal to the Council upon a point of order. POINTS OF ORDER AND PRIG ILEGF. (a) The Presiding Officer shall preserve order and decide questions of order. (b) When a `lember rises to a point of order he steall'ask leave of the Presiding officer to raise a point of order and after leave is granted, he shall state the point of order. by section of By -Law to the Presiding Officer and sit clown and remain seated until the Presiding Officer shall have stated and decided the point of order. (c) Thereafter, a Member shall only address the Chair for the purpose of appealing the Presiding-officer'A decision to the Council. (d) If no Member appeals the decisions of the Presiding Officer shall be final. (e) The Council, if appealed to, shall decide the question without debate and its decision shall be final. (f) Where a Member considers that his integrity or the Council as a Whole has been impugned, he may as a ¢latter of personal privilege, rise at any time, with the consent of the Presiding Officer, for the purpose of drawing the attention of the Council'to the matter. k • 29. CONDUCT OF MEMBERS OF COUNCIL (a) No Member shall speak disrespectfully of the Reigning Sovereign, or of any of the 'Royal Family, or of the Governor-Veneral, the Lieutenant -Governor of any Province, or any Member of the Senate', the House of Commons of Canada or the Legislative: Assembly of the Province of Ontario. (b) No Member shall: (1) use offensive words or unparliamentary language in or against. the Council or against any Member; (2) speak on any subject other than the subject in debate. (3) (-riticize any decision of the Council except for the purpose of moving that the question be reconsidered. (4) disobey the rules of the Council or a decision of Lhe Presiding Officer or of the Council on questions of order or practice or upor, thF interpretation of the rules of the Council; and in case a Member persists in any such disobedience after having been called to order by the Presiding Officer, the Presiding Office pay forthwith, put the question, 110 amendment, adjournment or debate being allowed, "that such Member be ordered to leave his seat. for the duration (,f the meeting of the Council." but if the Member apologizes, he may, by motion and vote of the Council, without dF-bate , ire permitted to retake h i s seat.. (c) `o person except Members and officers of the �,�unc i shall be allowed to come within the bar durink t.hF- sittings of the Council without permission of thF- Presiding Officer or the Council upon reference. (d) When the Chair is putting the question, no `iember shaii leave or make a disturbance. 30. COMMITTEE OF THE WHOLE (a) The Presiding Officer may appoint another `iember of the Comm. t tee to act as Committee Chairman while he in speaking to a question or while he is Temporarily sbsen t. from the meeting. 0-1 U� (b) The Committee Chairman shall maintain, order in the Committee and report the proceedings to the Council. (c) The rules governing the procedure of the Council and the conduct of Members in Council, shall be observed in Committee so far as they are applicable, except that: (i) Motions may be moved orally except where the Presiding Officer requests that the motion he in written form. (ii) A Seconder shall not be required on motions. (d) The number of times of speaking on any question shall not. be limited unless a Member moves that the vote be now taken. • (P) No Member %hall speak more than once PxrPpt, to make an explanation until every Member who desires to speak shall have spoken. (f) when a report or By -Law is under d i scrrss i c,n in Committee of the Uho1N, the C:hai rmari of thF Committee whose report is under consideration, or the introducer of the By -Law, shall not be required to take the chair. (g) Questions of order arising in Committee of the whole shall be decided b. the Chairman, subject to an appeal to the Committee, and if any disorder arises in the Committee, the Head of the Council shall resume the chair, without any questions being put. (h) On motion in Committee of the Whole to rise and report, the question shall be decided without debate. (i) A motion in Committee of the Whole, to rise without. reporting or t.hat. the chairman leave the (-hair, shaI always he in order, and shall take precedence over any • other motion. On such motion, debate shall be allowed, but. no member shall speak more than once, anti on an affirmative vote, the, subject referred to the Committee shall be considered as disposed of in the negative, and the Head of the Council shall resume the chair and proceed with- the next. order of business. • 0 THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting .. 6-�r .... . Moved By -------- !... . _ --------------- - Seconded B _ - - �G�..r ..._ ... and that By-law presented herewith be read a first time. Moved By �_-T By-law read a t - --- ----------time by-law read a ---------- -me Moved By, - —........ Seconded BY — — - �- - - ------- By-law read a.. ---.time Moved By .. � -- - - - -- -- -- ------ ,d _,- - ..---.....- `7O -03 That leave be granted to introduce By-law ur Gvvt r N 4 A e GOI.�hGi � do � Ga ✓h r't i ��' O � . That By-law now read a first time be read a second time forthwith. That By-law now read a second time be read a third time forthwith. c That By-law now read a third time do pass, be engrossed by the Clerk, and signed and sealed by the Reeve. I Village of Port Burwell � By -Law 90-03 ' Governing the Preceeding of Council Committees � February 19, 1990 11 = = m = m = m m � = m m = m m m m m = THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting MovedBy ......... ............ .... .. .......................... Seconded B 6"�_7 ------ .... . ............. .. .... and that By-law presented herewith be read a first time. By-law read a .... -- — ------------time MovedBy ............. ------------------------- Seconded By ..... .................. By-law read a ... .........time Moved By - - ------ Seconded By ------- - ----- ........ By-law read a Moved By Seconded .. . ... .. ........... ---------- ?0 That leave be granted to introduce By-law tv I D3 ^' Gov -ern 4 A -p- I!e ceemll--5 C-0 V n , I I a #1 W ce) rn /' #-1 That By-law now read a first time be read a second time forthwith. � Q-e--e— That By-law now read a second time be read a third time forthwith. That By-law now read a third time do pass, be engrossed by the Clerk, and signed and sealed by the Reeve. 1 11 V) r' - - 0 3 BY-LAW NU . / A By -Las: to govern the proceedings of Council and Committees ------------ THE. COUNCIL OF THE CORPORATION OF' THE VILLAGE OF PORT BLRWE'Li. ENACTS AS FOLLOWS: i. In this By -Law (a) "Clerk" means the Clerk of the Village of Port Burweit. (b) "Councii" means the Council of the Village of Port Burwe 1 1 . (c) "Head" of Council means the Reeve. (d) "Quorum" means the majority of they total membership of . Council or of a Committee. Z. The rules and regulations contained in this By -Law Rhaii be observed in all proceedings of the Council and shall by trip rules and regulations for the order and dispatch of busine in the lounc-i l and in the Committees thpi-eni', provided tlla*. the rules and regulations contained herein; mad be su.penrie'f' by a vote of the Council and in any case for which provisi-iji is not made herein the procedure to be foitos.ed shali be, ati near as may be, that followed in the i.egisiative Assembl> Ontario anri its Committees. COUNCIL MEETINGS 3. Meetings of the Council shall be held at the Counci; Chambers adopted and used by the Council from time to time for such purpose. The Inaugural Meeting of Council shal; take place, at i :00 p.m. on the First. Tuesday in December, following the election. The next and each succeeding regular meeting of Council shall be held on the Senond'and Fourth Tuesday of each Month at 7:30 p.m. 4. The Head of Council or His/Her Designate shall prpsidp at all meetings of Council. 5. When the day for a regular meeting of Council is a public or civic holiday, the Council shall, unless the Council decides otherwise, meet at the same hour on the next following +lay which is not a public or civic holiday. The Head -f Council may at. any time, summon a Special Meeting of Council, or upon receipt of the petition of the major i t} of the Membe-rs of the Couno i 1 , thF -f 1 erk sha 1 1 n J i L 1 1 �1 1"") 1 I' -2- summon a Special 'fleeting for the purpose and at the time mentioned in the Petition. Forty-eight hours notice of all Special Meetings of Council shall be given to the Ne mbers through the Clerk's Office. The only business to be dealt with at a Special. :Meeting is that which is listed in the notice of the meeting. 7. All meetings dealing with personnel, property and litigation shall be held "in camera". R. Members of Press will be provided with: ( a ) copy of agenda (b) copy of petitions and communications at the start of each Council Meeting. All other items are to be dealt with by Council before being released to Press. y. In the case of the absence of the Head of the Council from the Municipality, or if he/she is absent through illness, or he/she refuses to act, or his/her Office is vacant, A %iember of Council shall be appointed by Head of i ouncii r-r• tote of Council to act from time to time in the place and stead of the Head of the Council and he/she shall have all t,hP rights, powers, and authority of t hN hearl of Lounci i , wh i ; f- so doing. Any :•Iemher so appointed or voted to act, shai: be called "Chairman CALLING OF NIFETING TO ORDER Ali) QUIRL7.4 10. As soon after the hour fixed for the holding of the meeting of the Council as a quorum is present, the Head of C:ouncii shall take the Chair and call the meeting co order. ABSENCE OF HEAD OF' COUNCIL 11. Subject. to the provisions of The Municipal Act, and where nn Presiding Officer has been appointed under Clause y of this By -Law, in case the Head of Council does not, attend -within fifteen (la) minutes after the time appointed for a meeting of the Council, the Clerk shall call the Members to order and an act i'ng Head of Council shall be appointed from Rmong the Members present and he shall preside until the arrives: of the Head of Council and while so presiding, the acting Head of Council shall have all the powers of the Head of Council. 1 i NO QUORUM 12. if no quorum is present, one-half hour after the time appointed for a meeting of the Council, the Clerk shall ' record the names of the Members present and the meeting shall stand adjourned until the date of the next Regular ' Meeting. CURFEW 13. No item of business may he dealt with at a Council Meeting after 11::3U p.m. THE COtiD(jt:T OF i'ROirF.i;DI`GS A'1' A MEETItiC OF COI:`GIL ' 14. It shali be thF du;. of the Head of Council or other Presiding Offieer: ' (a) to open the meeting of Council by taking the chair and calling the `I?mbers and Public to order; ' tb) to announce the business before the Council in the order in which it, is to ire acted upon; ' (c) to recFive and submit, in the proper manner. ali Council; motions presented by the ;lembers of (d) to put to vote ail quPstions which are regularly moved ' and seconded, or necessarily arise in the course or' proceedings, and to announce the result.; ' (e) to decline to put t.;, vote motions which infringe the rules of procedure; (f) to restrain the '!embers, in accordance with "Boijt• i not ' s 't l Rules; of Order", when engaged in debate; (g) to enforce on all oc:rrrasions the observance of order and ' decorum among the Members and Publin; (h) to tail by name an.' Member persisting in breach of the ' rules or order of the Council, thereb.- ordering him to vaoRte the Counci i chamber; ti) to receive all messages and other communications and announce them to the i ounci 1 ; i (k) (m) (n) (o) -4- to authenticate, by his/her signature when necessary, all by-laws, resolutions, and minutes of the Council; to inform the Council, when necessary or when referred to for the purpose, on a point' of order or usage; to represent and support the Council, declaring its will, and implicitly obeying its decisions in aii. things; to ensure that the decisions of Council are in conformity with th4 laws and by-laws governing thr- activities of the Council; to adjourn the meeting when the business is conciuded; to adjourn the meeting without question put in the rasp of grave disorder arising in the Council Chamber. AGE`UA 15. The Clerk shall have prepared and prin:.ed for the usv of Members at the reguiar meetings of ;'ryunr•i i an agenda under the following headings: ' (a) Discinsure of Interest ' (b) Minutes of previous meetings (c) Deputations ' (d) By -Laws (e) Report of Committees i - Petitions, Communications & Committee Report-. 2 - Unfinished Business 1 3 - New Business ' 4 - Ihqui.ries by Members -' (f) Notice of Motion of New Business (g) Adjournment Under Report of Committees - All members shall handle their responsibilities at. one time under above order of business. - Ail business shall be handled in this order unless nt.herwiRe 7 "I 1 1 1' 1 1 1 1 j I ) 1 1 -5- decided by unanimous approval of Council. Members of Council shall be provided with copies of .agenda etc. on 1 the Friday proceeding t.hP meeting. r•rge✓d,* �,1( be �o5iPd 4r1 The 00; (_1 Sule-f ovr Aoarc/ ar cJ-fW CamY- , ,, f y l 41 jt j.kj 60arc/ Yl-ex-f -4 o 4 h t PO 5'f 0,49^)LOct . AGENDA PROCEDURE 16.1 Disclosure of interest. - to aliow members to der-larP any conflict of agenda matters. 16.2 Minutes - Minutes shall record: (a) The Place, date and time of meeting; (b) The names of the Presiding Officer or Officers and record of the attendance of the Members: (c) The reading, if requested, correction and adoption of the Minutpq of prior meetings; (d) all ether proceedings of the meeting without note or comment. It. 5n}iii :,e (,ire dUty the Cleric to ensure that. the Ainutes of thr last. regular meeting, and all special and Standing t;ommittee mept.ings hNid more than five working (5) days prior t.c, a regular meeting, together with the agenda prepared irr aecordanee with Clause 15 are mailed or deliverer: to each `ember notless than forty-eight. (48) hours befc,re the hour appointed for the holding of such regular meeting. Such minutes as referred to in Clause 15 may be adopted by Council wit.hour having been read at the meeting considering the question of their adoption, and in other cases, the Minutes shall be read prior to consideration of adoption. 16.:3 Deputations (a) Persons desiring to present information Prbally on mat.t.ers of fact or make a request of Counci: shal" give notice to the Clerk not less than three (3) working days beforN the commencement of the meeting of the i:c,unri i ar ma'v he heard by leave of the Presiding Officer of Council, but sha.il be limited in speaking to not. more than ten (10) minute-s except that a delegation consis,ting of more than five (5) persons shall be 1 i m i t fed to two (2 ) spealcF rs , each limited to speaking not more than ten (10) minutes. 7 (b) The Clerk shall provide all Deputationw and Delegations ' with a copy of By -Law relating to Deputations. 16.4 Reading of By -Laws and Proceedings Thereon ' la► No By -Law except a By -Law to confirm the proceedings of Council shall be presented i.o Council unless_ the subject, matter thereof has been considered and approved ' by Council. (b) Every By -Law shall be introduced upon motion by a Member of the Council, specifying the title of the By - Law. (c) Every By -Law when introduced, shall be in typewrit.te.n ' form and shall contain no blanks except such as may be required to conform to -accepted procedure or to comply with the provisions of any Act and shali be cc, pietp with the exception of the numher and dAt.e rnerFnf (d) Every By --Law shall have three readings )prior to it hying passed. t F ) The first reading of a By -Lai: sha l , he der. lt::-ta w i t.11"ilr amendment or debate. f ; I f the Council determines that the By-I.ai, i to be considered in Committee of thr- Whole, it, sisal i br so ' considered previous to the third reading t.herr�,f. (g) In proceedings in Committee of the Whole, upon.By- Laws, each section shall be considered in its proper ' order, inclusive of the title and recitals. a 1 1 (h) If Council so determines, a ily-Law may be taken as read. li) The Clerk shall set out. on all By -Laws onarted by Council, the date of the several readings thereof. t.j1 All amendments made in Committee of r,he Whoie shaii be reported by the Chairman to the Council whirl, shali receive the same forthwith and after the report has been received, a By -Law shall be open to debate and amendment before it is ordered for the third reading. (k) When a By -Law is reported without amendment., it shall he Forthwith ordered to be read the third timF at such time as be appointed by the Council. U I I I I I'l (1) Every By -Law enacted by the Council shall be numbered and dated and shall be sealed with the seal of the Corporation and signed by the Clerk and the Presiding Officer and shall be deposited by the Clerk in his Office for safekeeping. 16.5 Committee Reports (Standing & Special) Communications and Committee Reports (a) Every- communication, including a petition or committee report, designed to be presented to the Council, shall be legibly written or printed and shall not contain any obscene or improper matter or language and shall be signed by at. least, one person and filed with the Clerk. (b) Every- communication shall be delivered to the Clerk not less than three (3) working dais before the commencement of the meeting of the Council. (r_1 all. communications on any subject within the cognizance of a Standing Committee shall, on presentation, unless otherwise disposed of by Council forthwith, he considered as deferred to the appropriate Committee as the rase may be without any motion or iiebate unless ot.herwisf• ordered my Council. 16.6 Unfinished husiness The items listen in -he order of the topics ,-et out in the agenda of prior meetings which have not been disposed of -by Council :ind the date of their first appearance on the agenda, shall be noted and repeated on each subsequent agenda until disposed of by Council, uniess removed from the agenda by l eavp of thy, Council. ' 16.7 New Business ' Shall include (a) motions of which prior notice has been given, and (b) motions of a routine nature, and ' (c) general information pertinent to the business of the Corporation, (without ' debate). 16.8 Inquiries by Members Questions may bp put to the Head of the Council or through him/her,t.o any member of the Council reiatirig to any By -Law, 1 � • -8- motion, other matter connected with the business of Council, ' or the affairs of the Municipality, but no argument or opinion, is to be offered or facts to be stated except so far as necessary to explain the same, and in answering any such question, a member is not to d*ebate the matter to which ' the same refers. 17. 'lotions and Resolutions Members of Council are to advise the Clerk on day of Council Meeting of any resolutions they wish prepared. The Clerk ' will ensure that motions will be typed and deposited at the Council Table prior to a Meeting. Members are to have motions arising from committee reports, petitions, communications, and unfinished Business, seconded and given ' to the Clerk prior to the Meeting. The Clerk is to read all motions and pass same to the Read of Council. ' (b) Motions arising from discussions may he presented at. any time, in accordance with the rules of debate. 18. after a motion has been received by the Head of the Council, ' it shall be deemed to be in possession of the Councii, but may with permission of the Council, be withdrawn at any time before decision or amendment. ' i9. Reference to a Committee ' a motion to refer a matter under discussion by r.ne i,ounci i to a Committee of the Council, shall preclude a i i amendment% of the main question ►intil it is decided. ' 20. Amendment - A motion to amend - shall be presented in writing, - shall receive disposition of Council, before a previous amendment, or the question, ' ) - shall not be further amended more than once provided that further amendment may be made to the main question. ' - shall be_relevant to the questior► to be received, - shall not he received proposing a direct negative to The ' question, - may propose a separate and distinct disposition of a question, a� -9- -- shall -#Te put in the reverse order to that, in which it. is - moved. 21. Notices of Motion Notices shall be given in writing, without debate giving notice to Council: l - to amend, repeal or alter this By -Law, and 2 - to introduce any new measure or change in the Council's established policy. 22. The Previous Question A motion for the previous question cannot he amended, cannot be proposed when there is an amendment under consideration, shall preclude all further amendment,~ of the main question, when resolved in the affirmative, the question is to be put forthwith without debate or amendment, can only be moved in the following words, that the question be now put:," and - may be voted against by the mover and seconder. 23. Motion to Ad iourn A motion to adjourn - shall always be in order except as provided by these rules, - i.nen resolved in the negative, cannot he made again until after some intermediate proceedings shaii navt- been compl etecfi by Council, - is not in order when a Member is speaking (-)r during the verification of a rote, - is not in order immediately following the ai•firmat.ive .resolution of a motion for the previous question. 1 121 1 122. 23. -9- - shall be put in -the reverse order to that in which itis moved. 0 Notices of Motion - Notices shall be given in writing, without debate giving notice to Council: 1 - too amend, repeal or alter this By -Law, and 2 - to introduce any new measure or change in the Council's established policy. The Previous Question A motion for the previous question - cannot he amended, - cannot be proposed when there is an amendment ender consideration, - shaii preclude all further am«-ndment.s ()f the main question, - when resolved in the affirmative, the quPs t, i c,n is to be put forthwith without debate or amendment, - can only he moved in the following words, that t.hP quest ion be now put.," and - may be voted against by the mover and seconder. 'Notion to Adjourn A motion to adjourn - shall always be in order except as provided by these rules, - %,hen resolved in the negative, cannot be made again until after some intermediat.F proceedings shall have been completed by Councii, - is not in order when a Member is speaking or during the verification of a vote, is not in order immediately following the affirmative resolution of a motion for the previous question. Y -io- i 24. Privilege ' A motion on a matter of privilege shall receive disposition of Council forthwith upon receipt and, when settled, the question so interrupted shall by resumed from the point where it was suspended. 25. `lotion to Refer ' A motion to refer back a question to Committee with or without instructions may be amended but must receive disposition by Council before the question, or an amendment t to the question, and when made prior thereto, before decision on a motion for the previous question or postponement. ' VOTING ON MOTIONS ' 26. Questions Stated (a) immediately preceding the taking of the emote, the Presiding Officer may state the question in the form ' introducers and shall do so ► if required oy a Member except, when a motion for the previous quescirn has been resolved in the affirmative. He shall state the question in the precise form in which it will be ' recorded in the Minutes. (b) No Interruption after Question ' After a question is finally put by the Presiding Officer, no Member shall speak to the question or shall ' any other motion be made until after the Vote is taken and the result has been declared. (c) Ultra Vires A motion in respect of a matter which is beyond the jurisdiction of the Council shall not be in order. ' (d) Motion to Divide ' A motion containing distinUT. proposals mad- he divided by leave of (ouncii. ' (e) Division of Question A separate vote shall nF taken upon each proposalA contained in a question divided with jeave of the �. Council. -11- • (f) Vote not allowed ' A Member not present before the result of the division on a question is declared shall not be entitled to vote on that question.' ' (g) Unrecorded Vote The manner of determining the decision of the C ouncii on a motion shall be at the discretion of the Presiding Officer and may be by voice, show of hands, standing or otherwise. (h) Recorded Vote 11 1 H L 7 1 When a Member present requests a recorded vote, all Members present at the Council or Committee Meeting must vote unless otherwise prohibited by statute. The names of those whom voted for and others who .Toted against shall be noted in the Mintites. The to erk shall announce the results. A request for a recorded rote can only be made before an unrecorded vote is taken except as set our. in Clause 29. 27 . RI; LES OF _DEBATE (a) Every Member prior to speak i ng t.o an> (guest.ion or motion shaii be recognized by the Presiding Officer. When two or more Members wish t.o sheaf:, +ire Pi esiding Officer shall designate the Member who has the floor who shall be the Member who, in the opinion of the Presiding Officer, requested first. Every- Member present at a meeting of the Councii when a question is put %hall vote thereon unless prohibited by statute. ( b) When a recorded vote is r'equest.ed t)y a `lember, or is otherwise required, the ('.lerk shall record the name and vote of every Member on any matter or question. 1 (c) If any Member at a meeting of the Council,.when a J question is put and a recorded vote taken, does not vote, he shall be deemed as voting ir: the negative except where he is prohibited from voting by statute. (d) If a Member disagreeR with the announcement of the Presiding officer thata question is carried or iost, he mad, but only immediately After the declaration by the Presiding Officer,appeal the declaration and requNSt that a recorded rote be taken. (e) When- the Presiding Officer calls for thb vote on a L .2 1 1 LI 1 1 1 1.1 G -12- question, each Member shall occupy his• seat and shall remain in his place until the result of the vote has been declared by the Presiding Officer, and during such time no Member shall walk across the room to speak to any other Member or make any hbise or disturbance. (f) When a Member• is speaking, no other Member shall pass between him and the Chair or interrupt him except to arise a point, of order. (g) Any Member may require the question or motion under discussion to be read at any time during the debate but not so as to interrupt a Member while speaking. (h) No Member shall speak more than once to the same question without leave of the Council, except that a summation shall be allowed to be made by a Member of the Council who has presented the motion t.o the Council, but, not. by any 'Member who has moved an amendment or a procedural motion. (i) No Member, %,ithout Leave of the Council, shaii speak to the same question, or in reply, for longer than ten minutes. (J) A `iember mad ask a question or make a statement for the purpose of obtaining information relating to the matter under discussion and such question must, be stated briefly and asked only- of the previous speaker. (k) Notwithstanding Clause 27 (J), when a Member has been recognized as the next speaker, then immediately before speaking, such Member may ask a question of the Presiding Officer or an official of the Municipality on the matter under discussion but only for the purpose of obtaining information, following which the Member shall speak. (i) The following matters and motions with respect thereto ' ) may be introduced orally without written notice and without leave, except as otherwise provided- by these Rules of Procedure: ' (i) a point of order or personal privilege; (ii) presentation of petitions; (iii) to lay on the table; N -13- (ivl- to postpone indefinitely or to a day certain (v) to move the previous question. (m) The following motions may be -introduced without notice and without leave, but such motions shall be in writing and signed: (i) to refer; ( i i ) to adjourn; (iv) to suspend the Rules of Procedure. (n) Except as provided by Clause 27 (1) above, all motions ' shall be in writing and signed by the `(over and Seconder. ' io) Tn all tin provided oases in the proceedings of the Council or in the Committee of the Whole, the matter shall be decided by the Presiding Officer, subject. to ' an appeal to the Council upon a point of order. 28. POINTS OF ORDER .AND PR i l I I -6i. ' (a) The Presiding Officer shall preserve order and decide questions of order. ' (b) When a Member rises t.,, a point of order he shall ,ask leave of the Presiding Officer to raise a point of order and after leave is granted, he shall state the point of order, by section of By -Law to the Presiding ' Officer and sit. clown and remain seated until r.he Presiding Officer shill hax-e stated and decided the point of order. ' (c) Thereafter, a Member shall only address the Chair for the purpose of appealing the Presiding Officer's ' decision to the Council. (d) If no Member appeals the decisions of the Presiding Officer shall he final. ' (e) The Council, if appealed to, shall decide the question without debate and it3 decision shall be final. ' (f) Where a Member considers that his integrity or the Council as a Whale has been impugned, he may as a matter of personal privilege, rise at any time,.aith the consent of the Presiding Officer, for the purpose of drawing the ,gt.tention of the Counci i' to the mat.:er. 1 -lei- ' ' 29. CONDUCT OF MEMBERS OF COUNCIL (a) No Member shall speak disrespectfully of the Reigning Sovereign, or of any of the Royal Family, or of the ' Governor-General, the Lieutenant -Governor of any Province, or any Member of the Senate, the House of Commons of Canada or the Legislative ,assembly of the Province of Ontario. (b) No Member shall: ' (1) use offensive words or unparliamentary language in or against the Council or against any Member; ' (2) speak on any subject other than the subject in debate. i (3) criticize any derision of the Council except for ' the purpose of moving that the question be reconsidered. 1 I ) C 1 (4) disobey the rules of the Council or s decision of (,he Presiding Officer or of the Council on quesr.ions of order or practir.e or upon t.hr- interpretation of the rules of the council; and in rase a Member persists in any such disobedience after having been called to order by the Presiding Officer, the Presiding office may forthwith, put the question, i,o amendment, adjournment or debate being allowed, "that such Member be ordered to leave his seat for the duration of the meeting of the Council" but if the Member apologizes, he may, by motion and vote of the Council, without riebate, be permitted to retake his seat.. (r_) vo person except Members and officers of the Counr. , i shall be allowed to come within the bar (luring t.hF sittings of the Council without permission of r.hN Presiding Officer or the Council upon reference.. (d) when the Chair is putting the question, no `ipmher shah leave *or make- a disturbance. 30. COMMITTEE OF THE WHOLE (a) The Presiding Officer may appoint another `Ipmber of the Committee to act as Committee Chairman while he is speaking to a question or while he is r,pmporari.ly absent. from the meeting. 1 , (b) The Committee Chairman shall maintain order in the ' Committee and report, the proceedings to the Council. (c_) The rules governing the procedure of the Council and the conduct of Members in Council, shall be observed in ' Committee so far as they are applicable, except that.: (i) `lotions may be moved orally except where the ' Presiding Officer requests that the motion be in written form. ' (ii) A Seconder shall not be required on motions. (d) The number of times of speaking on any question shall not be limited unless a Member moves that the vote be now Laken. (P) No Member shall speak mnrp than once PxrPptto mak.- nr► ' explanation until every Member who desires to speak shall have spoken. ' (f) When a report or By -Law is under cii sc fission i n Comm,ttet• -if the ;AhoiN, the Chairman of the Commitiet- whose report, is Linder consideration, or the introducer ' of the By -Law, shall not. be required to take the chair. (g) sls,e_stions of order arising in Committee of the whoir_ snail be decided by the (-hairman, subject to an appeal ' to the Committee, and if any disorder arises in the Commit: cep, the Head of the Council shall resume t.hp chair, without any questions being put. (h) On motion in Committee of the Whole to rise and report., the question shall be deoirled without debate. ' ( i) A motion in Committee of the Whole., to rise without. reporting or that. the Chairman leave the chair, shai'r always be in order, and shall take precedence ovbr any other motion. On such motion, debate shall be allowed, but. no member- shall speak more than once,, and on an affirmative vote, the subject referred to the Committee shall bc- considered as disposed of in the negative, and ' the W-ad of the Councii shall resume the chair and proceed with the next. order of business. r THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. J l J w D 4 • A by-law authorizing The Corporation of the Village of Port Burwell (the "Municipality") to enter into an agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment (the "Crown") in the form annexed hereto as Schedule "A" to modify a service agreement (the "Previous Agreement) with respect to the Provincially -owned water works (the "Lake Erie Secondary Water Supply System Number Two"). WHEREAS under Section 7(2) and Section 8 of the Ontario Water Resources Act, R.S.O. 1980, Chapter 361, the Council of a municipality may by by-law authorize the municipality to enter into an agreement with the Crown for the water works; AND WHEREAS an agreement (the "Previous Agreement") was entered into between the Ontario Water Resources Commission, the predecessor of the Crown, and the Municipality on the 16th day of September 1969, to supply water to the Municipality from Lake Erie Secondary Water Supply System Number Two at the expense of the Crown; AND WHEREAS the net capital cost of the Lake Erie Secondary Water Supply System Number Two in the amount of approximately $283,838 appearing on the records of the Crown • will be reduced to zero by applying a portion of the project's surplus balance against the principal outstanding appearing on the records of the Crown; AND WHEREAS the Municipality wishes the Crown to continue to own and operate the Lake Erie Secondary Water Supply System Number Two; - 2 - • AND WHEREAS the provisions of the Previous Agreement will remain in force. • • NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1) The Reeve and Clerk are hereby authorized to execute an agreement in the form attached as Schedule 'A' hereto, which schedule is declared to be and forms part of this By-law. 2) The cost for operating the Lake Erie Secondary Water Supply System Number Two is raised by a water service rate imposed by By-law No. 9. 3) This By-law shall come into force and take effect upon receiving the approval of the Ontario Municipal Board. BY-LAW READ A FIRST AND SECOND TIME THIS DAY OF r A.D. 199 . REEVE BY 'L-LAW READ A THIRD TIME AND FINALLY PASSED THISI� DAY OF F-t,G uu/'V , A.D. 199 . REEVE MOE PROJECT #5-0087 OMB FILE #G6920-68 • SCHEDULE "A" TO BY-LAW N0. OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL. 0 The Agreement made in four (4) copies this �% day of ry , 1990. B E T W E E N: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT (hereinafter called the "Crown") OF THE FIRST PART --and-- THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS pursuant to an Agreement (the "Previous Agreement") dated the 16th day of September 1969, between the Ontario Water Resources Commission and The Corporation of the Village of Port Burwell, a water works (the "Lake Erie Secondary Water Supply System Number Two" was constructed to supply water service for the Municipality; and WHEREAS the Previous Agreement provides not only for construction and operation of the Lake Erie Secondary Water • Supply System Number Two but also for the supply of water to the Lake Erie Secondary Water Supply System Number Two and to the Tertiary System known as the Lake Erie Tertiary Water Supply System Number Two from the Primary System known as the Lake Erie Water Supply System. - 2 - WHEREAS pursuant to the Government Reorganization Act, • 1972, the -Crown is the successor to the Ontario Water Resources Commission; and WHEREAS the amount for capital cost of the Lake Erie Secondary Water Supply System Number two can now be recovered; and WHEREAS the Municipality wishes the Crown to continue to own and operate the Lake Erie Secondary Water Supply System Number Two; and WHEREAS it is desirable that the provisions of the Previous Agreement remain in force; and • WHEREAS the Council of the Municipality has passed By-law No. q 0"0 y authorizing the Municipality to enter into this Agreement. THE PARTIES HERETO AGREE pursuant to Sections 7(2) and 8 of the Ontario Water Resources Act as follows: 1. The Municipality shall pay the Treasurer of Ontario and Ministry of Economics (the Treasurer) in each year (1) all charges in accordance with the provisions of the Previous Agreement. • (2) an amount, calculated on actual water consumption, in each year placed by the Crown to the credit of a reserve account for renewals, replacements, alterations, extensions and contingencies in respect of the said Lake Erie Secondary Water Supply System Number Two; but not exceeding the amounts specified in Schedule "A" from time to time. 01 n LJ - 3 - 2.(1) The Crown will establish and maintain a reserve account or accounts for the Lake Erie Secondary Water Supply System to provide for renewals, replacements, alterations, extensions and contingencies in respect of the Secondary System Number Two and shall credit such reserve accounts and expend, use, apply, utilize and appropriate therefrom for such purposes such amounts as may, in the opinion of the Crown, be sufficient therefor. (2) The amounts in any reserve accounts established hereunder may be blended with reserve accounts and other accounts in a consolidated fund or funds which • may be held by the Crown and there shall be allocated to any reserve account established hereunder the appropriate share of the earnings of any such fund and the investment thereof having regard to the respective balances from time to time remaining in the fund to the credit of such accounts. (3) When any such funds or any portions thereof are held in the Consolidated Revenue Fund of Ontario such interest or other earnings as the Treasurer allows shall be included in the earnings of the funds. 3. The Municipality authorizes the Crown to apply such portion of the project's surplus balance • against the principal outstanding recorded in the books of the Crown as may be necessary to reduce the net capital cost to zero. • • - 4 - 4. The remainder of the project's surplus balance shall be placed in the reserve account referred to in S.2. 5. Where the costs for a part of the Lake Erie Secondary Water Supply System Number Two have not been finally determined or where an error is made, the Crown, may after consultation with the Municipality, by written notice to the Municipality, alter such part of Schedule "B" as the Crown determines is appropriate or add a new part to such schedule to reflect the final costs or corrections. IN WITNESS WHEREOF the parties have duly executed this Agreement under seal. THE CORPORATION OF THE VILLAGE OF PORT BURWELL /S HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT MINISTER Schedule "A" to an Agreement between Her Majesty the Queen in • _Right of -Ontario as represented by the Minister of the Environment and the Corporation of the Village of Port Burwell. DESCRIPTION OF WORKS • 12" Pipeline from the Elgin Water Works Plant to the Villages of Port Burwell and Vienna. • Elevated storage tank serving the Townships of Malahide, Yarmouth and Bayham. 0 VALUE For Insurance Purposes $1,497,075 RESERVE ACCOUNT $ Maximum * Annual Charge $4,110 ** $ Maximum Balance (all participants) $100,000 * Municipal contribution calculated on actual water consumption. • Total annual contributions from all participants ** $10,000. • Schedule "B" to an Agreement between Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment and The Corporation of the Village of Port Burwell. MINISTRY OF THE ENVIRONMENT Provincial Project No. 5-0087-68 STATEMENT OF CAPITAL ACCOUNT CAPITAL COSTS: • Gross Capital Cost Less: Provincial Asst. - Regular $1,123,036 Provincial Asst. - Special 43,795 • LOAN AMOUNT . Estimated Cumulative Amortization • ESTIMATED PRINCIPAL OUTSTANDING AT MARCH 31/90 • ESTIMATED SURPLUS TO BE APPLIED TO REDUCE PRINCIPAL OUTSTANDING • AMOUNT OWING BY MUNICIPALITY MARCH 31/90 SURPLUS POSITION • ESTIMATED SURPLUS AT MARCH 31/90 Less: • Portion applied against Principal Outstanding at March 31/90 • ADJUSTED SURPLUS BALANCE $1,497,075 1,166,831 $ 330,244 46,406 $ 283,838 (283,838) 0 $ 391,947 283,838 $ 108,109 0 Ll 0 THE MUNICIPALITY OF VILLAGE OF PORT BURWELL . Meeting .... .. 1�.............. Moved By ... ...... ..... .......... .... That leave he granted to introduce By-law * yo -09 Seconded By __ ...... ........... ...... 4(1 and that By-law presented herewith be read a first time. By-law read a �_ --- ----.time Moved - -- ------- POW - -- ----- Seconded By — - -------- By-law read a .... Moved By ............... Seconded By ----- t - By-law read a .---.... . �_ Moved That By-law now read a firs`��e � read a second time forthwith. CLW 4. That By-law now read a second time be %pad a third time forthwith. That By-law now read a third time do pass, be engrossed by the Clerk, and signed and sealed by the Reeve. Ministry Ministere of the de Environment I'Environnement Ontario 135 St Clan Avenue West Suite 100 Toronto, Ontario M4V 1P5 April 3, 1990 Mr. J. Timlin Clerk -Treasurer Village of Port Burwell P.O. Box 299 Port Burwell, Ontario NOJ 1TO Dear Mr. Timlin: RE: PORT BURWELL SECONDARY WATER SUPPLY SYSTEM PROVINCIAL PROJECT NO. 5-0087 TERMINATION OF OUTSTANDING DEBT • ONTARIO MUNICIPAL BOARD APPLICATION 135 avenue St Clair ouest Bureau 100 Toronto (Ontario) M4VAP5 The Ontario Municipal Board is in the process of approving the above -noted application submitted March 9, 1990. In order to finalize the Order, the Board would appreciate your amending Clause 2 of page 2 of the attached Execution By-law. The Service Rate By-law No. should appear in this spot. Please submit the amended by-law to me as soon as possible. Sincerely, / / /C` fiC GIQv� � v / Margaret Geldart Sr Field Services Officer Capital Management Section. Financial & Capital Management Branch 0 Attach. 0 THE MUNICIPALITY OF VILLAGE OF PORT BURWELL 5 Cn Meeting_ C14 UJ Moved By ... Cj aai ----- - ----- --------- That Seconded B �� iy.......... .... 19yV leave be granted to introduce By-law * 'Yo t .......... ------- ... ....... PT. 10-.- A A _T__ and that By-law presented herewith be read a first time. By-law read a time Moved Seconded By By-law read a .... 1; .......tune Moved By Seconded By ------- By-law read a I Moved 4 .. .... ......... Seconded, ------ )zza.. __ %'AMES G. TIMLIN CLERK DATE SIGNATU That By -law now read a firs,pizffe—ba� read a second time forthwith. A That By-law now read a second time be read a third time forthwith. C-N That By-law now read a third time do Pam, be engrossed by the Clerk, and signed and sealed by the Reeve. THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. v / A by-law authorizing The Corporation of the Village of Port Burwell (the "Municipality") to enter into an agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment (the "Crown") in the form annexed hereto as Schedule "A" to modify a service agreement (the "Previous Agreement) with respect to the Provincially -owned water works (the "Lake Erie Secondary Water Supply System Number Two"). WHEREAS under Section 7(2) and Section 8 of the Ontario • Water Resources Act, R.S.O. 1980, Chapter 361, the Council of a municipality may by by-law authorize the municipality to enter into an agreement with the Crown for the water works; AND WHEREAS an agreement (the "Previous Agreement") was entered into between the Ontario Water Resources Commission, the predecessor of the Crown, and the Municipality on the 16th day of September 1969, to supply water to the Municipality from Lake Erie Secondary Water Supply System Number Two at the expense of the Crown; AND WHEREAS the net capital cost of the Lake Erie Secondary Water Supply System Number Two in the amount of approximately $283,838 appearing on the records of the Crown • will be reduced to zero.by applying a portion of the project's surplus balance against the principal outstanding appearing on the records of the Crown; AND WHEREAS the Municipality wishes the Crown to continue to own and operate the Lake Erie Secondary Water Supply System Number Two; - 2 - AND WHEREAS the provisions of the Previous Agreement will remain in force. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1) --The Reeve and Clerk are hereby authorized to execute an agreement in the form attached as Schedule 'A' hereto, which schedule is declared to be and forms part of this By-law. 2) The cost for operating the Lake Erie Secondary Water Supply System Number Two+6�,raised by a water service rate imposed by By-laiv�i gc 'T EIM TO �-- y. JAME 3) This By-law shall come into f6rbWancg upon receiving the approval cSfA7Yhe On o �� Municipal Board. �,`C,�/��� SIGNATURE BY-LAW READ A FIRST AND SECOND TIME THIS DAY OF V / , A.D. 199 . REEVE BY-LAW READ A THIRD TIME AND FINALLY PASSED THISf� DAY OF T.-1 u , A.D. 199 . REEVE RECOMMENDED ESTAB&SHING AND RBGULATIN(? BY-LAW By-law No. 90-05 Being a By-law to Establish a Fire Department WHEREAS The Municipal Act provides that the Council may by by-law establish and regulate a fire department; THEREFORE, The Council of the Corporation of the Village of Port Burwell en acts as follows: 1. In this by-law, y unless the context otherwise requires, (A) "Council" means the Council. of the Village of Port Burwell. • (B) "Department" means the Village of Port Burwell Fire Department. (C) "Member" includes an officer. 2. A Departmentfor the Village of Port Burwell to be known as the Village of Port Burwell Fire Department is hereby established and the head of the Department shall be known as the Chief of the Department. 3. In addition to the Chief of the Department, the Department personnel shall consist of a Deputy Chief._ and such number of Division Chiefs, Captains and other officers and members as from time to time may be deemed necessary by the Council. 4. (A) The Chief of the Department may recommend to the Council the appointment of any qualified person as a member of the Department. a (B) A person is qualified to be appointed a member of the , • Department for fire fighting and fire prevention duties who. i. has successfully completed at, least Grade 8. ii. is of good character, iii. passes such aptitude tests as required by the Chief of the Department, and, iv. is medically fit to be a member as certified by a • 4 physician designated' by the Chief of the Department. (C) A person appointed as a member of the Department will within the 12 month probation period successfully complete their First Aid certificate. (D) A person appointed as a member of the Department for fire fighting duties shall be on probation for a period of 12 mont.hs during which period he/she shall take such. training and examinations as may be required by the Chief of the Department.. (E) If a probationary member appointed for fire fighting and fire prevention duties fails any such examinations, Athe Chief of the Department may recommend to the Council -that he/she be dismissed. 5. The remuneration of all members of the Department shall be determined by the Council. 6. The Chief of the Department is responsible to the Council ' for the proper $dministration and operation of the Department, ■ \ for the discipline of its members, and (A) -may md'ke such general orders and departmental rules as may be necessary for the care and protection of the Department and generally for the efficient operation of the Department, provided that such general orders and rules do not conflict with the provisions of any by- laws of the Municipality. (B) Shall review periodically the policies and procedures of the Department and may establish an Advisory Committee consisting of such officers as he/she may • determine from time to time, to assist him/her in these duties. (C) shall take all proper measures for the prevention, control and extinguishment, of fires and for the protection of life and property- and shall enforce all municipal by-laws respecting fire prevention and exercise the powers imposed on him/her by the Fire Marshal's Act. (D) is responsible for the enforcement of this by-law and the general orders and departmental rules. (F.) shall report all fires to the Fire Marshal as required by the Fire Marshal's Act, and -a copy forwarded to the Municipal office. (F) shall submit to the Council for its approval, as required by the Council, the annual estimates of the R Department and a five year plan for the Department. _ _ 4 - 7. The Deputy Chief shall report to the Chief of the Department on the activities of the Divisions that are his/her responsibility and carry out the orders of the Chief, and, in the absence of the Chief, has all the powers and shall perform all the duties of the Chief. 8. (A) The Department is composed of the following Divisions: Division of Administration Division of Apparatus, Equipment and Communications Division of Fire Fighting Division of Fire Prevention Division of Training (B) Each Division of the Department, except the Division of Fire Fighting, is under the direction of a Division Chief who is responsible to the Deputy Chief for the proper operation of the Division. When a Division Chief has not been appointed, the Chief of -the Department, or the Deputy Chief, shall assume the responsibility of the Division until such an appointment is made. (C) The Division of Fire Fighting is under the direction of the Deputy Chief who is responsible to the Chief of the Department for the proper operation of the Division. 9. The Chief of the Division of Administration is responsible to the Deputy Chief for the carrying out of the following duties of the Division: is A 0 -5- (A) Provide administration facilities for the+ Chief and , Deputy Chief of the Department. (B) Prepare the departmental budget and exercise control of the budget. (C) Prepare the payroll of the Department, and initiate requisitions for materials and services and certify all accounts of the Department. (D) Maintain personnel records. (E) Arrange for the provision of new buildings. (F). Arrange for the provision of medical services. (G) Prepare the annual report of the Department. (H) Carry out, the general administrative duties of the Department. (I) Provide liaison with the County Fire Co-ordinator. W Assist, the County Fire Co-ordinator in the preparation of a County Emergency Fire Service Annex and operating procedures. 10. The Chief of the Division of Apparatus, Equipment and Communications is responsible to the Deputy Chief for the carrying out of the following duties of the Division: (A) Prepare specifications for the purchase of apparatus and equipment. (B) Maintain and keep in repair all existing buildings, fire fighting rescue and salvage apparatus of the Department. (C) Modify apparatus and equipment. 10 i. (D) Is , responsible for recharging fire fighting extinguishers and cylinders and to test and repair hose. (E) Provide liaison with Council in order to ensure an adequate flow of water in new waterworks projects and the adequate maintenance of existing waterworks facilities -for the use of the Department. (F) Issue clothing, equipment and cleaning supplies. (G) Receive alarms and dispatch apparatus. (H) Prepare specifications for new communication systems and for additions to existing communication systems. (I) Maintain the communications systems of the Department. (J) Prepare the annual report and budget of the Division of Apparatus, Equipment and Communications to be submitted to the Division of Administration. 11. (A) The Deputy Chief is responsible to the Chief of the Department for the management and operation of the Division of Fire Fighting and for the carrying out the following duties of the Division: i. Prevent, control and extinguish fires. ii. Conduct in-service fire prevention inspections of all classes of occupancies. iii. Conduct investigations of fire in order to determine cause, origin, and, where appropriate, to request the Office of the Fire Marshal to conduct an investigation. iv. Perform rescue and salvage operations and render first aid. V. Respond and assist at such emergencies as may be required by the Chief of the Department.. vi. Participate in training at the station. vii. Conduct pre -fire fighting operations planning. viii. Perform apparatus maintenance and cleaning duties at the station. ix. Prepare the annual report. and budget of the Division of Fire Fighting to be submitted to the Division of Administration. (B) A Captain is in command of the Company to which he/she is assigned and is responsible for the proper operation of that Company to the Deputy Chief. (C) Where the Chief of the Department designates a member to act in the place of an officer in the Department., such member, when so acting, has all the powers and shall perform all the duties of the officer replaced. 12. The Chief of the Division of Fire Prevention is responsible to the Deputy Chief for the carrying out of the following duties of the Division: (A) Conduct fire prevention inspections of premises. (B) Enforce fire prevention by-laws. (C) Examine building plans. (D) Provide personnel for fire prevention lectures. (E) Establish and maintain photograph facilities. I (F) Maintain fire loss records. • (G) Receive, process and follow up reports of fire prevention inspections conducted under the Division of Fire Fighting. (H) Prepare the annual report and budget of the Division of Fire Prevention to be submitted to the Division of Administration. 13.. The Chief of the Division of Training is responsible to the Deputy Chief for the carrying out of the following duties of the Division: • (A) Conduct training for all personnel of the Department in fire administration, fire prevention and fire fighting. (B) Administer training programs in the station. (C) Prepare and conduct examinations of members as required by the Chief of the Department. (D) Prepare the annual report and budget of the Division of Training to be submitted to the Division of Administration. 14. (A) The provisions of this section, with respect to the promotion of members, do not apply to the Deputy Chief. • (B) Every recommendation for promotion of a member made to the Council by the Chief of the Department shall be based on the evaluation of: i. the results of examinations taken by the member. ii. the age and physical fitness of the member, and L • .. • -9- iii. the fire and station record of the member.* (C) WFen, in the opinion of the Chief of the Department, all other fa( -tors for the promotion of two or more members are equal, seniority of service in the Department governs. (D) The fire fighting and station record of each member of the Department shall be evaluated as follows: i.. The Captain of each company shall evaluate each s member of the company. (E) The Chief of the Department and the Deputy Chief shall evaluate all members of the Department who are participating in an examination for promotion. (F) Every applicant for promotion shall take such written, oral and practical examination as may be required by the Chief of the Department. (G) Every applicant applying for promotion must have successfully completed and maintained their First Aid Certificate and C.P.R. 16. (A) Every member of the Department appointed for fire fighting and protection duties is subject to a medical examination at least once annually and at such other times as the Chief of the Department may require. (B) If a board of medical examiners finds that a member is physically unfit to perform his/her assigned O departmental duties and that such condition is attributed to, and a result of his/her employment in • � 0 -10- the Department, the Council may assign the member to other employment or may retire him/her and provide such retirement allowances as deemed proper. 16. (A) No member, i. while in uniform, shall enter any premises where alcoholic beverages are sold or consumed, except in the performance of his departmental duties. ii. if his ability is impaired by the use of an intoxicating beverage or drug, shall be permitted to remain on ddty. iii. while on duty, shall consume an intoxicating beverage or drug. (B) No member shall solicit the influence or support of anyone in order to secure a transfer, promotion or other advantage. 17. (A) The Chief of the Department may reprimand, suspend or recommend dismissal of any member for insubordination, inefficiency, misconduct, tardiness or for noncompliance with any of the provisions of this by-law or general orders and departmental rules that, in the opinion of the Chief, would be detrimental to the discipline and efficiency of the Department. (B) Following the suspension of any member the Chief of the Department shall report the suspension and his recommendations to the Council. (C) A member shall not be dismissed without being afforded �r -11- the opportunity for a hearing before Council, if he/she makes a written request for such hearing within seven days after receiving notice of his/her proposed dismissal. 18. The Department shall not respond to a call with respect to a fire or emergency outside the limits of the municipality except with respect to a fire or emergency. (A) that in the opinion of the Chief of the Department threatens property in the municipality or property situated outside the municipality that is owned or occupied by the municipality. (B) in a municipality with which an agreement has been entered into to provide fire protection, or (C) on property with respect to which an agreement has been entered into with any person or corporation to provide fire protection therefore. (D) The rescue boat is not to operate outside the end of the east pier without prior approval of the solicitor general or notifying rescue co-ordination centre at Trenton. � TA;Lv. -iT -3 07 19.`. This by-law comes into effect on the day it is passed by Council. `' h Passed this _� T day of,c(.rir 1990. HEAD OF MUNICIPALITY CLERK OF MUNICIPALITY ur THE MUNICIPALITY OF VILLAGE OF PORT BURWELL i i���� - ll r q Meeting ..:. ,f',C .......... O`...........I ../..... J MovedBy ......... _. _ ._.... ----- - That leave be granted to introduce By-law � Seconded B _.._------ Q.li................. and that Bylaw presented here6d_12. with� be read a first time. By-law read a ..._ ..... time Moved By . Seconded B Moved By .. y - -- ----------- n _.... By-law read a Seconded By ---_ NIP Moved Seco By-law reed a -------------- e time By..... -- - -•-- i ndedBy ......... _-._....-.._......... —, - = - That By-law now read a first time be read a second time forthwith. QL�Y�`� That Bylaw now read a second time be read a third time forthwith. That By-law now read a third time do pan, be engrossed by the Clerk, and signed and sealed by the Reeve. v• -C& Seconded By ---_ NIP Moved Seco By-law reed a -------------- e time By..... -- - -•-- i ndedBy ......... _-._....-.._......... —, - = - That By-law now read a first time be read a second time forthwith. QL�Y�`� That Bylaw now read a second time be read a third time forthwith. That By-law now read a third time do pan, be engrossed by the Clerk, and signed and sealed by the Reeve. v• -C& k� I 00 IDO 0 • 0 w Corporation of the Village of Port Burwell hy- i aw No. 90-06 Being a by-law to appoint a Chief Building Official, a Plumbing Inspector and By-law Enforcement Official. WHEREAS Chapter 51 R.S.O. the Ontario Building Code section 3 requires that the Council of each Municipality shall appoint.a Chief Buildirm Official; ' AND whereas Council under section 45(1) of Ontario Water Resource Act RSO 1980, Chapter 361 may pass a by-law to appoint a Plumbing Inspector; AND whereas Council deems it expedient to appoint a by-law Enforcement and Property standards Officer. AND whereas Mr. Bill Underhill has agreed to perform these functions in accordance with provincial regulations, codes and Village by-laws; THEREFORE Council enacts that Mr. Bill Underhill be appointed at a rate of $13.65 per hour, plus 25% for benefits, automobile cost. of 25.5 cents per kilometre and an appointment of conferences and seminars as invoiced by Bayham Township. THIS by-law repeals all previous by-laws to hire a Chief Building Official, Plumbing Inspector, and By-law Enforcement Officer. THIS by-law comes into effect on date of passing. MOVED BY 4'c-�✓ SECONDED B That by-law . 0-Or; be read a first time, re d and rr•�i. MOVED BY SECONDED BY That by-law 90-0 a read �asecond time. Read carried. r MOVED BECONDED BY That by-1 0 06 be read a third time. Rea ing dispensed with, finally ssed, Ree Lf e' Village of Port Burwell Clerk Village of Port Burwell THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NUMBER 90-07 -------------------------- Being a by-law to set water and sewer user rates in the Village of Port Burwell. WHEREAS by Chapter 302 R.S.O. section 218 paragraph (16) the Council of a local Municipality may by by-law. provide for imposing upon owners or occupants of land who use sewage works a sewage service rate. WHEREAS Chapter 302 R.S.O. section 218 paragraph 2 and R.S.O. Chapter 423 section 12, 27 and others provides for imposing rates, regulating, metering,, measuring and collection frequencies, methods for water and sewer rates. THE'Corporation of the Village of Port Burwell hereby enacts: 1. That all users of Port Burwell Municipal Water System are to have their water supply metered. 2. The meter, remote readout and meter connections are owned by the Corporation. 3. The meter is to be sealed by a Corporation representative and the seal is to remain unbroken, except by a Corporation representative. 4. The readout is to be placed near the hydro meter readout with the utility user supplying sufficient space, with unhindered visibility and access close enough for reading with the naked eye. 5. The utility user or occupant may enclose the meter. 6. The meter is not to be altered, defaced, or changed in any manner. 7. The meter is to be installed with a valve between the meter and the exterior stop cock. 8. There are to be no T's or supply splits between the stop cock and the meter. 9. No residents or businesses shall connect eaystrough,s, sum - pumps or divert rain water into the sanitary sewer system. RATES: 1. All metered users shall pay $0.88 for the first cubic meter ($4.00 for the first 1,000 imperial gallon) of water metered each month, and an additional $0.88 for each cubic meter, metered each month in excess of THE -FIRST 5 cubic meters (approx.1000 gal) METERED per month. 2. Where Municipal sewers are connected to the metered supply, the sewage service rate shall be S19.65 each and every month irregardless of the quantity of water used. Is _1 3. Meter6d users shall receive a minimum bill for the first 5 cubic meters a month irregardless if it is used. 4._ Commercial and industrial metered users shall pay a rate that is the same as the metered residential.users. 5. Customers of occupied residence and businesses shall pay a monthly rate equivalent to 80 cubic meters if meter readings are unavailable or tampered. 6. Unmetered customers of abandoned homes or businesses shall pay a rate equivalent to upon approval by resolution of Council. 7. All Customers shall be entitled to one free turn on or turn off per calender year, and each turn after this shall be charged at $15.00. This charge shall be levied in case of turn off for non payment of account or, at the Customers request. 8. All work performed on private property shall be charged at the current rate and is to be due on rendering of account. This charge is to be lien on the property and is to be collected as an extension or addition to the water/sewer bill. 9. Should a Municipal sewer to be hooked to a private water supply, the rate shall be $19.65 per month. 10. Any out of Town users shall pay a rate of i 1/2 times the in Village users. 12. No person may use water from a fire hydrant, with the exception of fire departments. 13. An application fee of $3.00 be levied for registering new Water meters with the municipality. 14. A water meter charge of $150.00 be levied for new meters installed Any person who contravenes this by-law is subject to a fine of up to $5,000.00 upon summary conviction or under Provincial Offences act. THIS by-law repeals and rescinds all other previous by-laws that determine user rates. THIS by-law to come into effect on May 1, 1990 at 1:00 A.M. THIS by-law d s not replace the P.U.C. Act R.S.O. Chapter 423. MOVED BSECONDED BYDATE That by-1 w o -o be `ead a first time. Re and carried. MOVED BSECONDED BY E THAT by-law be read a second tim ' Read and dispensed with. -IV - BY CONDED MOVED THAT by- a bP read a thi�a finally passed .�1v -0"1 REEVE DATE MA 1 Q +,.,.o o.,ii.,v �Hii.-nisp-nApd with. CLERK I BY-LAW NUMBER 9 0 - 0 8 A by --law prescribing standards for the maintenance and occupancy �3f property. Whereas the statement in the draft Official Plan includes provisions relating to conditions of maintenance and occupancy of property has been approved by the Ministry of Municipal Affairs NOW THEREFORE BE IT AND IT IS HEREBY ENACTED! DEFINITIONSs In this by-law ( a) r JJ-- "� ��J/ means The Corporation of the ✓I / Yeaf f P� 11"W t (b) "COMMITTEE" means a Property Standards Committee established under taw. (c) "INSPECTOR" for the purposes of this by-law means a Public Health _ inspector employed by the Board of Health - of the kn District Health Unit.5 � T v- (d) "OFFICER' means a Property Standards Officer who has been assigned _ tF4_ -responsibility of administering and enforcing this by-law. (a) "OWNER" includes the person for the time being managing or receiving tfi rent of the land or premises in connection with which the word is used whether on his own account or as agent or trustee of any " other person or who would so receive the rent if such land and pre- mises were let, and shall also include a lessee or occupant of the property who under the terms of a lease, is required to repair and . maintain the property in accordance with the standards for the maintenance and occupancy of property. (f) 'PERSON" includes a person, corporation, association, or ' partnership. (g) "PROPERTY" means a building or structure or part of a building or -• structure and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuild- ings, fences and erections thereon whether heretofore or hereafter erected and includes vacant property. • (h) "REPAIR" includes the provision of much facilities and the making of a tiona or alterations or the taking of such action as may be required so that the property @hall conform to the standards estab- lished in the by-law. 2. The standards for maintenance and occupancy of property set forth in Schedule "A" to this by-law are hereby prescribed and adopted as the minimum standards for the City of London and said Schedule "A" is hereby enacted and adopted as part of this by-law. 3. Property which does not conform to the standards prescribed by this by-law shall be repaired and maintained to comply with the standards prescribed by the by-law, or the land shall be cleared of all build- ings, structures, debris or refuse and left in a graded and levelled condition. . 6. The Council of the Vijlq shall by by-law appoint Property Standards Officers who shall be famponsible for the enforcement of this by-law. j. All notices and documents provided for in this by-law shall be signed by a Property Standards Officer. W 6. (a) Subject to subsection 6(b), an officer and any person acting under his instructions may, at all reasonable times and upon producing _ proper identification, enter and inspect any property: 2 (b) Except under the authority of a search warrant issued under section 142 of the Provincial Offences Act, an officer or any person acting under his instructions shall not eater any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of search warrant. a 7. (1) Where a property does not conform to the standards prescribed in this by-law the Property Standards Officer may serve or cause to be served by personal service upon, or send by prepaid registered mall to the owner of the property and all persona shown by the records of the Registry Office, the Land Titles Office and the Sheriff's Office to have any interest therein a notice containing particulars of the non -conformity and may, at the same time, provide all occupants vith a copy of such notice. (2) She Property Standards Officer shall afford all persons who were served with the notice an opportunity to appear before his and male representations in connection therewith. The hearing shall be hold within 90 days after notice is given in subsection 7(1) 8. (1) After affording the opportunity to make representations the Property Standards Officer may serve or cause to be served or may send by prepaid registered mall or by personal service an order containing. a) the municipal address or the 'Legal description of such • - property; ' b) reasonable particulars of the repairs to be affected or a • statement that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition and the period in which there must be a compliance with the terms and conditions of the order and notice that, if such repair or clearance is not so done within the time speci- fied in the order, the municipality may carry out the repair or - clearance at the expense of the owner; and e) the final date for giving notice of appeal from the order. - (2) A notice or an order under section 7 or 8, when sent by registered • mail or by personal service shall be sent to the last known address _ of the person to whom it is sent. (3) If the Property Standards Officer is unable to effect personal • service or service by registered mail he shall place a placard con- ' taining the terms of the notice or order in a conspicuous place on the property, and the placing of the placard shall be deemed to be sufficient service of the notice or order on the owner or other - persons. (�) An order under section 8 may be registered in the proper land registry office and, upon such registration, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the date on which the order was served under section 8 and, when the require' meats of the order have been satisfied, the clerk of the mnsiciPal- ity shall forthwith register in the proper land registry office a certificate that such requirements have bean satisfied, which shall operate u a discharge of such order. 9. When an order to repair, as provided for in this by-law, is given to - the owner and to all other persona having an interest in the pro - party and the order is not complied with, and the condition of the property indicates that repair would be inexpedient and demolition _ is advisable, the Property Standards Officer may serve antics oo r such persons requiring the land to be cleared of all building and ` left in a graded and levelled condition and if the notice is not complied with the City may demolish the buildings or structuresO ' question and grada and level the land and the cost of so doinf ehall 6 be added to the tax bill and collected in the same manner as municipal taxes. -3- 10. (1) A property Standards Committee composed of [Clod � is hereby established. ( ) The members of the Committee shall elect one of themselves as•chair- man, and when the chairman is absent through illness or otherwise, the committee may appoint another member as acting chairman. (3) A majority of the Committee members constitutes a quorum. Before hearing an appeal, the Committee shall direct that notice of the hearing be given to such persons as the Committee considers advisable. (j) The records of the Committee shall be kept in the office of the Municipal Clerk and section 78 of The Municipal Act, R.S.O. 1980 ch. 302 shall apply to such records. 11. Where an owner upon whom an order has been served in accordance with this by-law is not satisfied with the terms or conditions of the order, he may appeal to the Committee by sending notice of appeal by registered mail to the Secretary of the Committee within fourteen days.after service of the order, and, in the event that no appeal in taken, the order shall be deemed to have been confirmed. 12. After hearing an appeal the Committee may confirm the order to demolish or repair or may modify or quash it or may extend the time for complying with the order provided that, in the opinion of the Committee, the general intent and purpose of the by-law have been maintained. 13. The V,110jP.or any owner or parson affected by a decision of the Coams4•tee may appeal to a Judge of the County Court of The County of by so notifying the Clark in writing and by applying fo an appointment within fourteen days after the sending of a copy of the decision and, a) the Judge shall, in writing, appoint a day, time and place for the hearing of the appeal and may direct that it shall be served upon such persons and in such manner as he prescribes; b) the Judge on such appeal has the same powers and functions as the Committee. 14. The order, when no appeal is taken or after all appeals are cow - plated, shall be final and binding upon the owner and occupant who shall make the repair or effect the demolition within the time and in the manner specified in the order. 13. Where an order to repair or demolish has been given and the owner has not made the repairs required Ly the order within the time stipulated in such order tha ✓iikat may affect the demolition or cause the repairs to be mad■ and the cost thereof shall be added to the owner's tax bill and collected in the same manner as municipal taxes and a certificate signed by the Clark setting out such costs shall be registered on the title to the land. A • • • to - 4 - 16. The Provincial Offences Act applies to prosecutions under this by-law. 17. (1) Every person who contravenes this by-law is guilty of an offence and on conviction is liable to a fine of not more than $500 for each day _ of contravention. (I) In addition to any other remedy or penalty imposed under this by-law, the court in which a conviction has been entered and, any court of competent jurisdiction thereafter, may make an order prohibiting the contravention or repetition of the offence by,the person convicted. 18. If any section of chi* Property Standards by-law is for any reason W1 held tobe invalid, that section shal1 be deemed to be severable and the remaining sections shall remain in affect until repealed. ` This by-law comes into force on the day it is passed. MOVED That by-law That That �vYY'' aw with. , MOVED BY That by - finally' Reeve d4lie!=fi�_ONDED DATE/ -08 be read a first tim Read and carried. SECONDED BY DATE �i/r111 7CJ =08 be read a second time. Read and dispensed 7 � CONDED B E`/�ll;�o -08 be r ad a third time. ea ing dispensed with, ssed. I CERTIFY THIS TO BE A TRUE COPY, JAMES G. TIMLIN CLERK DATETIGNATU I, ri SCHEDULE "A" • - TO BY-LAW NO. specifying the minimum standards for the maintenance and occupancy of property. - DIFI�NS l• In this achaduln a) "P AVID" means 1) the approval of the Chief Official with respect to matters under the Ontario Building Code; ii) the approval of the Property Standards Officer in respect to all other matters regulated by this by-lay. b) "DWELLING UNIT" means one or more habitable rooms arranged for t e omeatie use of Oda or more individuals living together which may be ranted for occupancy with cooking and sanitary facilities. C) "EXTERIOR PROPERTY AREAS" means the building lot excluding bug tugs. d) "lENCE" includes a privacy or other screen. e) "GROUND COVER" means organic or non -organic material applied to prevent erosion such as concrete, flagstone, gravel, asphalt, grass or other equivalent landscaping. f) "NON-UBITARLE SPACE- means a bathroom, water closet comport- ment, asamant, ca ar, corridor, stairway, storage or furnace room and aocassory space used for maintenance or access within a building or a room or space which does not comply with the minimum standards for human habitation specified in this py-law. g) "RESIDENCE BUILDING" means a building containing within its w2Ts one or more walling units and which may or may not • contain other uses. h) "SIGN" includes an advertising device or notice and mesas any mG—um, including its structure and other component parts, which is used or capable of being used to attract attention to a specific subJtCt matter, other than itself, for identifi- Cation, information or advertising purposes. 1) "UNSAFE CONDITION" means any Condition that could cause undue hasar to i e, imb or health of any person authorised or axpocted to be on or about the property. EXTERIOR PROPERTY AREAS 2(l) Exterior property areas &hall be maintained in a neat and tidy condition and so as not to detract from the neighbouring savironment or present a hazard to any person. 2(2) without restricting the generality of subsection 2(l), maintained in a neat and tidy condition includes removal of: . a) rubbish, garbage, brush, wasta, litter and debris; b) inJurious insects, termites, rodents, vermin and other pests; c) noxious woods and excessive growth of other weds; - 2 - d) ground cover, hedges and bwhea which are unreasonably • overgrown in relation to the neighbouring environment; •) dead, decayed or damaged trees or other growth and the branch., and limbo thereof which create an unsafe condition; f) wrecked, dismantled, inoperative, discarded, unused or unlicensed vehicles or trailers, licensed or authorised to conduct except is sa establishment business; or operate a wrecking wi g) machinery or parts thereof, or other objects or pants thereof, or accwfta9t1on'Of Material that creates an unsafe condition or which is not in keeping with the neighbouring properties; h) dilapidated or collapsed structures or erections, and the filling or protecting of any unprotected well. 2(3) Driveways, ramps, parking areas, paths, outside stairs and landings shall be; a) surfaced, resurfaced, repaired or regraded to provide a safe surface for pedestrian or vehicle we; 2(4) Suitable ground cover shall be provided to Maintain a good appear - sacs, prevent erosion of the soil and so as to be in harmony with • the neighbouring environment. Where grass forma part of the ground cover it shall be resodded or reseeded as often as required to main- tain the grass in a living condition. 2(5) Lighting fixtures and their supports shall be maintained in a safe condition, in working order and of good appearance. 2(6) Ground cover, hedges, tress, landscaping and sits facilities required "'A condition of sits development or redevelopment shall be maintained in living condition or in a good state of repair. The Property Standards Officer may accept alternatives provided the intent of the original conditions of approval are maintained. PONDING 3 Exterior property areas shall be graded and maintained to prevent poading,of water creating an unsafe condition or harmful to the environment. Catcbbasins and ,wales shall be installed and msim- tained where nacessery to facilitate drainage and so as not to impede the natural flow of water. . "NC S 4. Pence$ shall be kept: a) protected by paint, preservative or other weather resistant material unless the aesthetic characteristics of the fence are enhanced by the lack of such material; b) in a structurally sound condition and plumb, unless spacifi- cally,designed to be other than vertical; c) in good repair mad free of accident hazards. SIGNS 50 ) Signs shall be maintained: a) •o as not to cause any unsafe condition; b) in a vertical plans unless otherwise erected and approved, in which case such sign shall be maintained as erected and approved; f -3- c) without any visible deterioration of the sign and its structure When viewed from any property other than the property on which the sign is situated; and d) in conformance With the requirements of the sign by-law of the Municipality. 5(2) Signs that are unused or not cared for or discarded shall be removed from the property or shall be stored within a building. RETAINING WALLS 6(1) Rataluing walls shall be maintained in good repair and free from accident hasards. 6(2) Without restricting the generality of subsection 6(1), the main- tenance includast A) redesigning, repairing or replacing of all deteriorated, r damaged, misaligned or missing portions of the wall, or rail- ing$ and guards appurtaneat thereto; b) installing subsoil drains where required to maintain the stabi- lity of the wall; c) grouting masonry cracks; d) applying a coating of paint or equivalent preservative. STRUCTURAL CAPACITY 7(1) A building, or part thereof, shall be capable of sustaining its own weight together With the loads that may be imposed by natural causes such as snow, wind and all other causes as sat out in the Ontario Building Code. 7(2) The factor of safety specified in the Ontario Building Code is the minimum standard. 7(3) The above standards and factors are to be met without exceeding soil capacity and the maximum differential or other settlement specified In the Ontario Building Code. 7(4) If the Chief Official is not satisfied that the structural capacity Of any Part of a building meats the standards he may require, to establish structural capacity, the submission of a report, prepared, sealed and signed by a professional engineer who is qualified in this field and licensed by the Association of Professional Englnasrs Of Ontario. FIRE SAFETY 8 The Ontario Tire Code applies to all existingbuildings, dings, structures and premises with respect to fire safety standards. UNSAFE CONDITIONS 9(1) Unsafe conditions on property shall be abated forthwith to the satisfaction of the Property Standards Officer. 9(2) Where there is a condition on the property which is unsafe, the Ontario Building Code shall apply to the extent necessary to *bats the unsafe condition. Without limiting the generality of subsections 9(1) and 9(2), abating .of an unsafe condition includes: a) the provision or repair of stairs, balustrades, railings, guards and screens so as to minimise the risk of accident; b) removal of garbage, refuse and pest. such as rodents. vermin, termitas and injurious insects; -4 0(1) c) the elimination of other conditions which may be a hazard to life or which risk serious injury to persons normally in or about the subject building, floor area, suite of rooas, room, space or property. LRTERIOR SURFACES All exterior surfaces on a building that have been p:aviously painted, stained, varnished or which have received other similar Protective finishas shall be maintainad'vithout substantial deterio- ration from the original finish, or shall be refinishad with aA equivalent preservative or protective finish. (2) Appropriate measures shall be taken to remove any defacements occurring on the exposed finished exterior surfaces and, where necessary, to restore the surface and adjacent sreas to, as near as possible, their appearance before the markings, stains or defacement occurred. (3) Glazed doors, windows and other transparent surfaces shall be kept reasonably clean. (4) (3) (6) (7) A building damaged by fire or other causes shall be repaired to its original condition and as may otherwise be required by this by-law, or the building shall be demolished or the damaged portion removed and the property left in a graded, level and tidy condition. Without restricting the generality of subsection 10(4) repairs shall Include: a) abating any unsafe condition; b) refinishing so as to be compatible with adjoining undamaged surfaces. Nothing in this section shall be construed as preventing doors, windows and other openings in the exterior of an unoccupied building from being protected from damage or to prevent entry, for such time as a building remains unoccupied. Materials used for protection in accordance with subsection 10(6) shall be afforded an application of paint, varnish or other approved colouring or preservative on the exterior, to maintain an appearance commensurate with the surrounding environment. DOORS WINDOWS SHUTTERS AND HATCHWAYS All doors, windows, including storm and/or screen windows, shutters and hatchways in a building shall be maintained weathertight so as to perform their intended function. Without restricting the generality of subsection 11(1),.the main- tenaaes includes: a) the repair, refitting, replacing or renewing of damaged, decay- ing or defective doors, windows, frames, sasbes, caslags, shutters, hatchways or screens; b) reglasing or fitting with an approved translucent substitute; c) repairing or replacing defective or missing hardware; d) rescreening or weatherstripping; e) painting or the applying of a similarly effective preservative. When an opening is used or required for ventilation or illumination and is not required to be protected by a door, window or similar closure it shall be protected with a: i .. 4 11(4) 2(1) -3- a) wire mash screen, metal grille or other equivalent durable material; or b) other protection so as to effectively -prevent the entry of rodents or vermin. Ia an unoccupied building only exterior dooms, windows, including storm and/or screen windows, shutters and hatchway& need comply with subsections 11(1), 11(2) and 11(3). FOUNDATIONS WALLS COLUMNS ARID BIAM.1 The foundations, walls, column and beams of a building shall ba maintained in good repair. (2) Without restricting the generality of subsection 12(1) the maintea- ancs of walls, columns and beams of a building includes - a) extension of the wall foundations below grade or regrading to Provide adequate frost cover; b) installing subsoil drains where such would be beneficial; e) repairing or replacing decayed, damaged or weakened sills, piers, posts or other supports; d) grouting and waterproofing the wall and joint&; a) making sills, piers, posts or other supports insect proof by coating with preservative or other approved method; t) the applying of approved materials to preserve all wood, metal work or other materials not inherently resistant to weathering war; g) the carrying out of such other work as may be required to over- come any existing settlement detrimental to the appearance of the building or to improve or maintain a pleasant and satisfy- ing appearance at least commensurate with that of the neighbourhood; h) the restoring, repairing or replacing ofs i) the foundations, walls, columns and beama; or components, claddings, finishes and trims forming a part thereof. (3) Foundations. walls, columns mad beams within an unoccupied building are exempt from the requirements of subsections 12(1) and 12(2) unless the deterioration is detrimental to the exterior appearance of the building or creates an unsafe condition on or adjacent to the property. FLOOgS, STAIRS, VEAADI "S, pORCEMS, DOCKS, LOADING DOCKS AND BALCONIES Every Moor. stair, varaadah, porch, deck, loading dock, balcony and every appurtenance attached thereto •hall be maintained, recon- structed or repaired so as to be of good appearance, safe to use and capable of supporting the loads to which it may be subjected as specified in the Ontario Building Code. Without restricting the generality of subsection 13(1), the mainten- ance reeonstructi�g or repairing includes: a) repairing or replacing floors, treads or risers that show excessive wear or are broken, warped, loose or otherwise defective; b) repairing, renewing or supporting structural membere that are rotted, deteriorated or loose; c) providing, repairing or renewing balustrades, guardraU s end railings; and d) painting or the applying of other equivalent preservative. -6- 13(3) Floors, stairs, verandahs, porches, docks, loading docks, balcontes and every appurtenance attached thereto within the exterior walls o an unoccupied building are exempt from the requirements of sub- sections 13(1) and 13(2). ROOTS AND ROOT STRUCTURES 14(1) Every roof including related roof structures, guards and lightning arrestors shall be maintained and repaired so as to properly perform its intended functions, be of good appearance and so as to be capable of supporting the loads to which it may be subjected as Specified in the Ontario Building Code. 14(2) without restricting the generality of subsection 14(l), the main- tenance and repair includes: a) removal of loose, unsecured or unsafe objects and material■; b) dangerous accumulatiods of snow and ice; c) other accident hazards; d) other objects and conditions datrimental to the appearance of the building'. 14(3) Chimney■, smoka or vent stacks and other roof structures ■hall be maintained plumb and in good repair so as to be free from: a) loons bricks, mortar, and loos• or broken capping; b) loose or rusted stanchions, guy wires, braces and attachments; c) objects and conditions detrimental to the appearance of the building. INTE3IOR CLADDING AND rINISMS 15(1) Interior cladding and finishes of walls, floors and ceilings shall be repaired and maintained: a) in a clean, odour free and sanitary condition, reasonable for the normal use or occupancy of the room, space, corridor or stairway; b) in good repair, free from holes, loose boards, broken, torn, damaged, decayed or stained materials; c) free of objectionable markings or other defacement. 15(2) In addition to the maintenance required by subsection 13(1), floors shall be maintained free of depressions, protrusions,•deterioration Or other defects which could create an unsafe condition or which are out of character with the normal use of the area in which such defect occurs. VENTILATION SYSTEMS 16(1) Ventilation as required by the Ontario Building Code shall be provided to all rooms and spaces within a building to prevent accu- mulations of heat and contaminants likely to create a potential fire, explosion, toxic or health hazard. 16(2) Ventilation systems shall be: a) regularly cleaned and maintained in good repair, working order and in a safe condition at all times; b) in conformance with the requirements of tha Ontario Building Code. - 7 - BEATING AND MECHANICAL SYSTEMS 17(1) Beating and mechanical systems shall be provided, maintained and operated in accordance with: a) the requirements of the Ontario Building Code and the Energy Act of Ontario; and b) the manufacturer's instructions; and c) free of hazards that could cause an accident. 17(2) The heating system shall be capable of maintaining the temperatures specified in the Occupational Health and Safety Act and regulations made thereunder. ' 17(3) The heating system for a dwelling unit shall be capable of main- taining the temperatures specified in the City of London by-law respecting the maintanance of suitable heat for rented or leased dwellings or living accommodations. ELECTRICAL. SYSTEMS 18(1) Where required by the Ontario Building or Electrical Codes, buildings shall be connected to an electrical supply system and shall be wired to received electricity. 18(2) The capacity of the coaaeetioa to the building and the system of circuits and electrical outlets distributing the electrical supply within the building shall be adequate for the use and intended use end shall be maintained in good working order, free from fire and accident hazards, and in compliance with the Ontario Electrical Code. 18(3) Adequate iutarior and exterior lighting fixtures shall be installed and maintainad so that the work or operations normally carried out on the property, or the use of the property, can be undertaken in safety and without undue eyestrain. DRAINAGE AND PLUMBING SYSTEMS 19(1) 19(2) 19(3) 20(1) Drainage and plumbing systems on the property shall be provided. installed and maintained in good working order: a) in noaplianee with the requirements of the Ontario Building Code, the Ontario Water Resources Act, the Environmental Protection Act of Ontario and their Regulations; and b) free from leaks, defective or dripping taps and other defects. Where water run-off from roof surface is discharged by way of savestroughs or roof gutters and downpipee, they shall be installed and maintained in good working order and good repair, watertight and free from leaks and in a safe condition. Downpipes, sump pimp discharge lines and grading shall be designed, provided and maintained so as to discharge water run-off away from the building and to prevent flooding and erosion on the property. SEWAGE DISPOSAL All savage and waste water shall be discharged into a municipal sewerage systaa, or a system approved by the Msdical Officer of Health. - S - REFUSE DISPOSAL 21(1) Where facilities are provided inside a building for the storage or disposal of refuse the facilities shall comply with the Ontario Firs Code. and r5eep�acla■ e or otha rafu r tion of jarbage and refuse 21 W Garbage chutes, disposal rooms, containers and receptacles shall be maintained as necessary to be clean, odour free and in operable condition. HUMAN HABITATION 22(1) A non -habitable room shall not be used so a habitable room. 22(2) The maximum numbef of occupants in a residence building shall not exceed one person per 9.29 square matron or 100 square feat of floor area in habitable rooms. 22(3) For the purpose of computing the floor area of a habitable room, no floor area under a tailing haight which is less than 2.13 metres or 7 feet shall be counted except for a bedroom which complies with the provision " set out below. 22(4) No room in any residence building shall be used as a bedroom or for I sleeping purposes by a boarder, roomer or lodger unless it has a minimum width of 1.98 metres or 6.5 feet and a minimum floor area of 5.57 square metres or 60 square feet plus an additional minimum floor area of 3.72 square metres or 40 square feet for each addi- tional person using the room for such purposes. 22(5) For the purpose of computing the minimum floor area required for a r bedroom, at least 50 percent thereof shall have a ceiling height of !` not less than 2.13 metres or 7 feet and no floor area under a ceiling height which is lass than 1.52 matres or 5 feet shall be counted. 22(6) No portion of a residence building shall be used for residential occupancy unless: a) the floors, walls and ceilings within a building and the exterior walls, roofs and any openings therein are watertight and reasonably free from dampness and drafts; and b) every habitable room, except a kitchen, contains one or more window or skylight that: i) open directly to the outside air; and C ii) havr; a total light transmitting area and openable ventila- tion area of not lose than that required by the Building Code; and c) all windows and skylights are: i) glasad or fitted with an appropriate transparent saterisl; and ii) provided with hardware and locking devices; and III) maintained In good working order and good repairs and iv) if required for ventilating purposes, capable of being easily opened and closed at all times. 22(7) In every dwelling unit an enclosed space of sufficient size shell be provided to accommodate a bathtub or shover, water closet and a lavatory. 9 - 22(8) Other residential uses such as rooming houses and lodging houses shall have sanitary facilities as provided in the Ontario Building Code. 22(9) !very dwelling unit shall have a kitchen area provided with. a) a kitchen sink, supplied with a splash back and a worktop of an Impervious surface; and b) adequate clearance above any exposed surface of a cooking apparatus. 22(10) a) All residence buildings shall be supplied with an adequate supply of potable running water from a source approved by the Medical Officer of Health; and b) All fixtures except water closets shall be supplied with cold and hot water. The hot water shall have a minimum temperature of 490C or 120'P. Cal THE CORPORATION OF THE C: 4,-v®'' VILLAGE OF PORT BURWELL P.O. Box 10, Port Burwell, Ontario NOJ I TO telephone (S 19) 874-4343 • fax (S 19) 874-4948 October 12, 1994 Tree Tops of Erie Inc. c/o Bruce Gardiner 228 Lakeshore Road East PO Box #249 Oalzville ON L6J 5A2 Attention: Mr. Bruce Gardiner Dear Mr. Gardiner Re: Property Standards By -Laws Please find attacked certified copies of our By -Laws 90-08 and 94-22 as per the above said. I trust that you will find the attached in order and if you should have any further questions concerning this matter please feel free to call. Da ' Free, CET, AMCT(A) ministrator/Clerk-Treasurer Encls. Tom Nesbitt • Reeve David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer Councillors E. Epple, G. Loucks, C. Allin, J. Hevenor 228 LAKESHORE ROAD EAST P O BOX 249 OAKVILLE ONTARIO L6J 5A2 , J. BRUCE GARDNFR BARRISTER 6 SOLICITOR October 7th, 1994 OAKVILLE (905) 844-3218 FAX (905) 844.3699 Village of Port Burwell, P . 0. Box 10, Port Burwell, Ontario. NOJ 1TO Re. Ptuperty StcLudards By-laws 90-08 and 94-22 Dear Sirs: I enclose herewith the cheque of Clearinpar in your favour for $14.50 and would appreciate your letting me have a copy of each of the above by-laws. Thanking you, I remain, JBG/jc Encl. Yours very truly, J. Bruce Gardner 37 ti A • VILLAGE OF PORT BURWELL BY-LAW 90-09 Being a by-law to set the pay for the Fire Chief WHEREAS the Village of Port Burwell will pay the Fire Chief $1155.00 per year. Plus pay for mutual aid meetings and fire calls. MOVED BY�Z� SECONDED BY i)ATE That by-law 0-09 be read a first time. d and carried. 10E V D BY ONDED BYme.ZZ DATE 0)/ That by -lay: 0 09 he• read a second tiReaci and carried. Y&4t l � DATE yP MOVED BY _ SECONDED B!5.� That by -lac: be re d a third time . F a�i i r,i i spensed with, finally pas i - , j,Wlerk Reeve, Cin A11inmes G. Timlin THE CORPORATION OF THE VILLAGE OF PORT BURWELL • By-law No. _/0 (Being a By-law to licence and regulate dogs) WHEREAS Section 210 R.S.O.Chapter 302 1982, of the Municipal Act authorizes the enactment of a by-law for prescribing the licencing and regulating of dogs within a municipality; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows; THAT no person shall suffer or permit any dog of which he/she is the owner or custodian to run at large or trespass on any property within the Village of Port Burwell. THAT every dog within the Village of Port Burwell, when not visibly confined or restrained to the dwelling or property of its' owner or of the person having the -are and custody of the same, shall at all times be restrained upon a leash in charge of some person. THAT an animal dog tax shall be levied upon every person who is the owner or custodian of any dog. THAT in each year starting in 1990 on or before the first day of June, every person who is the owner or custodian shall procure from the Dog Licensing Officer a tag for each dog in the amount of which he/she is liable for the dog tax and shall keep the tag securely fixed on the dog at all times during the year and until he procures a tag for the following year, excepting that the tag may be removed while the dog is being lawfully used for hunting in the bush. THAT the amount of tax be established as follows; For each male or spayed dog $10.00 For each female dog $20.00 THAT the tag shall bear a serial number and the year in which it was issued a record shall be kept by the Dog Licensing Officer showing the name and address f the owner, the serial number of the tag, and the amount of the fee paid in respect of the tax. THAT a canine control officer, appointed by the Council of the Village of Port Burwell, may seize any dog found at large contrary to this by-law. THAT any person who contravenes or fails to comply with any of the provisions of this by-law shall be guilty of an offence, and upon conviction, shall forfeit and pay at the discretion of the convicting judge a penalty of not more than $20.00 exclusive of costs for the first offence, and not more than $50.00 exclusive of costs for each subsequent offence, and the same shall be recoverable under the provisions of the Provincial Offences Act, 1979, as amended. THAT any by-law not consistent with the provisions of this by-law be and is hereby repealed. MOVED BY ECONDED BY DATE That by- aw p read a first tin Read and carried CARRIED Reeve MOVED BY CONDED BY E&1271 That by- w Q-/ read a second time.�adandcarried CARRIED • eeve /� MOVED BY SECONDED B DATES/ That by -la 9G� 0 b re d a third time. eading dispensed With, finally passed. THE CORPORATION OF C 0 THE VILLAGE OF PORT BURWELL • By-law No. l Being a by-law to appoint a by-law enforcement officer in ^harge of canine control. WHEREAS an agreement is proposed between the Village of Port Burwell and Mr. Don Whitney, for the catching, impounding and disposal of dogs and a schedule of fees therefor; NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1) That Mr. Don Whitney is hereby appointed as by-law enforcement in charge Of canine control for the Village of Port Burwell. 2) Mr. Don Whl�ney's premises is hereby designated as the pound for the purposes of impounding such animals from time to time, and Mr. Don Whitney shall see that all dogs impounded are properly watered and fed and the poundkeeper shall provide suitable enclosed quarters for all dogs delivered • to him. 3) That Mr. Don Whitney shall be paid such payments for services provided as outlined by the agreement attached here to as schedule "A" to this by-law. 4) That Mr. Don Whitney shall operate in accordance with instructions as outlined by the attached schedule "B" to this by-law. 5) That Mr. Don Whitney shall impound all dogs running at large, subject to the right of the owner, possessor or harbourer, to redeem the same within 96 hours from the time of capture by paying for the use of his pound facilities. All dogs impounded under this by-law, if not redeemed within 96 hours after such impounding, may be destroyed in a humane manner or sold at the discretion of Mr. Don Whitney. 6) That the by-law enforcement officer in charge of canine control shall have dog tags available to sell to owners of untagged dogs. 7) That no citizen, regardless of proof of ownership, shall have any claim on Mr. Don Whitney, if any animal is destroyed or otherwise disposed of by him, due to sickness, viciousness or other causes. 8) That any other by-law which contravenes this by-law is hereby repealed. MOVED B ECONDED BY -- DATE That by R P_ read a first time. Read and Carrie CARRIED Reeve V MOVED BY %��"^'� SECONDED B4tiAead -Al'FE �q1 That by aw �- read a second d carried CARRIED Reeve l MOVED B SECONDED BY- DATE That by-law a-tj be read a third time. Reading ctspensed with, finally passed. r SCHEDULE "A" TO BY-LAW NO../.-/ This agreement made in duplicate this 2-7t h day of march _ 1990. AM E T W E E N MW A N D THE CORPORATION OF THE VILLAGE OF PORT BURWELL. (hereinafter called the "Corporation") PARTY OF THE FIRST PART. MR. DON WHITNEY. (hereinafter called Mr. Don Whitney). PARTY OF THE SECOND PART. WHEREAS the Corporation has proposed a by-law naming Mr. Don Whitney as By-law Enforcement- Officer in charge of Canine Control for the Village of Port Burwell, and naming his premises as the pound for the purpose of impounding such animals as required from time to time: AND WHEREAS it is expedient that as and from the date of this Agreement, the • Corporation requires such services. NOW THEREFORE, IN CONSIDERATION OF THE PREMISES, MR. DON WHITNEY CONVENANTS AND AGREES TO AND WITH THE CORPORATION AS FOLLOWS: 1. That Mr. Don Whitney shall provided animal control service to the Corporation with the time and duration of individual patrols left to the descretion of Mr. Don Whitney. 2. That the Corporation pcv Mr.' Don �hitney for this service a monthly fee of one hu fired & 9ixtp-_dollarG ,7ill be paid, and an additional twenty seven ($27) doilaz5 per dog which MUst be destrq�ed which includes cost of veterinary or other qualified service. This fee will be paid upon receipt of service performed by qualified person or organization. 3. The Corporation agrees to pay for the services rendered on a monthly basis. 4. That either party of this agreement may request amendment or termination of this agreement, by giving thirty days notice, in writing, to the other party of this agreement. ^hat Mrs. Whitney be named as assistant by-law enforcement officer in charge. 6. That Mr. Don Whitney be named as the Dog Tax Collection Officer. He shall receive $2.00 for each dog tag sold. 7. That this r t to commence as of ,K Reeve, Cvvy Alli SCHEDULE "B" TO BY-LAW NO.ILA INSTRUCTIONS TO ANIMAL CONTROL OFFICER 41 1. Where a dog is found to be running at large, the By-law Enforcement Officer in charge of Canine Control shall attempt to examine the dog for the purposes of determining whether or not it is licenced and whether there is a tag around its neck. If it is safe to do so, he should examine the tag and record the registration in his notebook. 2. If the dog is not tagged, or alternatively, if it is not safe to examine the tag of a licenced dog, then the By-law Enforcement Officer in charge of Canine Control should impound the dog. The By-law Enforcpffent Officer in charge of Canine Control should then make inquiries as to who is the owner of the dog and if a person does admits ownership, then this admission should be recorded in his notebook. If no one admits ownership, then the By-law Enforcement Officer in charge of Canine Control must take steps to take possession of the dog and to take the dog to the pound. 3. If the registration number is ascertained, then the owner should be interviewed and his or her admission of ownership obtained, and recorded in the officer's notebook. If the owner of the dog admits ownership, then the By-law Enforcement Officer in charge of Canine Control should then attend before the appropriate court official and lay a charge and collect all.fines. 4. That Mr. Don Whitney is to retain all fines and boarding fees. The boarding • fees are to be no more than $5.50 per day. The first day being 12 hours. 5. The Village is to supply Mr. Whitney with a suitable box type bait trap, at the Village's expense. 6. After a report of dogs running at large, Mr. Don Whitney is to take the trap to private property, have a suitable entry agreement signed with the land owner and to set the trap for two nights. 7. The trap is to be frequently checked. 8. The captured dog and subsequent action, is as described in Part 1, 2, 3, and 4 above. 9. The dog tax is to be collected by house to house canvas or other such means before June 1 of each year, and every tag is to be entered in a suitable register. 10. The By-law Enforcement Officer for Canine Control is to turn all dog tax money in to the Treasurer. The Treasurer will then issue a current cheque to cover the $2.00 each ccmrnission on dog tags. �. The Village of Port Burwell hereby instructs Mr. Don Whitney that he is not to contravene any statues or law in the performance of his duties as described above. 12. All books, tags, traps, and other such items supplied by the Village are to remain in the sole ownership of the Village and are to be available to be returned on demand, and are to be kept in good order and repair. 13. All unused dog tags are to be retur Reeve, _CNly Allin THE CORPORATION OF THE VILLAGE OF PORT BURWELL r BY-LAW NO. 90-12 A by-law mending by-law 90-04 A by-law authorizing the Corporation of the Village of Port Burwell (the Municipality") to enter into agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment (the "Crown) in the form annexed hereto as Schedule "A" to modify a service agreement (the "Previous Agreement) with respect to the provincially - owned water works (the "Lake Erie Secondary Water Supply System number two"). Whereas under Section 7(2) and Section 8 of the Ontario Water Resource Act, R.S.O. 1980, Chapter 361, the Council of a municipality may by by-law authorize the municipality to enter into an agreement with the Crown for the water works; And whereas an agreement (the "Previous Agreement") was entered into between the Ontario Water Resources Commission, the Ispredecessor of the Crown, and the Municipality on the 16th day of September 1969, to supply water to the Municipality from Lake Erie Secondary Water Supply System Number two at the expense of the Crown; And whereas the net capital cost of the Lake Erie Secondary Water Supply System Number two in the amount of approximately $283,838 appearing on the records of the Crown will be reduced to zero by applying a portion of the project;s surplus balance against the principal outstanding appearing on the records of the Crown; And whereas the Municipality wishes the Crown to continue to own lAnd operate the Lake Erie Secondary Water Supply System Number two; And whereas the provisions of the Previous Agreement will remain in force. Now therefore the Council of the Corporation of the Village of Port Burwell enacts as follows; 1) The Reeve and Clerk are hereby authorized to execute an agreement in the fora attached as Schedule 'A' hereto, which schedule is declared to be and forms part of this by-law. 2) The cost for operating the Lake Erie Secondary Water supply system number two is raised by a water service rate imposed by by-law 90-07. 3► This by-law shall come into force and take effect re iving the approval of the Ontario Municipal Board. MOVED B SECONDED BY DATE c ✓ 7 / /v That by-law - 2 e read a first time. Re and carried I�r MOVED BY ECONDED BY l <- ---DATE -1/ That by-law 9 - 2 be read a second time. Re d and carried. MOVED BY SECONDED BY DATE ay /W That by -la -12 be read a third time. Re i f i g ispensed +ih finally pass-: Reeve, Cirl4y Allin erk, J nes G. Tinlin • 0 04 THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 90-13 Being a by-law to appoint a Weed Inspector WHEREAS the weed control act, 1988, chapter 51, R.S.O. 1980 as amended to O.Reg 531/88 authorizes the appointment of a Municipal Weed Inspector. THEREFORE the Council of the Corporation of the Village of Port Burwell, enacts as follows; THAT Charles Stafford is appointed Weed Inspector for the Village of Port Burwell to carry out the duties as required by the said act. THAT this by-law shall remain in effect from year to year unless repealed or otherwise amended by Council. THAT any by-law not consistent with the provisions of this by-law be and is hereby repealed. MOVED BY That by-law -13 MOVED B That by-law -13 a . _ SECONDED BY Cam- �- DATE read a first time. Read and carried.KA..k_ rA" _ SECONDED BY - read a second time. MOVED BY LS�S---�j._ SECONDED By That by-law 90-13 be read a third time: finally passed. a _DATEO/44 dispensed with,' 9? I QEcJQ- THE CORPORATION OF THE VILLAGE OF PORT BURWELL r BY-LAW 90-14 Being a by-law to appoint Enforcement Officers WHEREAS the Municipal act, revised statues of Ontario 1980 chapter 302, authorizes the enforcement of by-laws, the Council of the Corporation of the Village of Port Burwell appoints the following individuals as By-law Enforcement Officers to carry out the duties as required by the said act for parking violations. 1) Henry Valks 2) David Orton 3) Ed Brandt 4) Frank Reiser 5) Tony Difazio THAT this by- aw shall remain in e MOVED B SECONDED That by la -14 be read a first ffect fo the a 1 0. BY DATE time.4 Read ancrcifrrie c MOVED BY SECONDED B T That by-4pDased. -14 be read a second time d and Carrie MOVED SECONDED BY4 '� �✓t�--$ATE That by--14 be read a third time. Reading dispensed finally COe . The Municipal Act, RSO 1980 Section 158 THE CORPORATION OF THE VILLAGE OF PORT BURWELL IN THE COUNTY OF ELGIN By -Law 90- I!; Being a by-law to adopt the estimates of all sums required to be levied against all rateable property during the year and to strike the rates of taxation for the year 1990. ----------------------------------------- WHEREAS the council of the Corporation of the Village of Port Burwell, in accordance with the provisions of The Municipal Act, has prepared and provisionally adopted the estimates of all sums required during the year 1990 for the purposes of the Municipality, including sums required by law to be provided for School purposes and for any Board, Commissioner or other body; AND WHEREAS the Assessment Roll prepared in 1989, and upon which the taxes for the year 1990 are to be levied, will be finally revised by the Assessment Review Court; AND WHEREAS the whole of the assessment for real property and business assessment, according to the said last assessment roll, is as follows: Residential and Farm...............$728,308 Commercial and Industrial .......... $146,372 Business ...........................$ 55,110 Total..............................$929,790 AND WHEREAS for taxation purposes the said assessment Is allocated as follows: Residential Commercial/ and Farm Industrial/ Total Business Secondary Public School $696095 $ 196459 $ 892554 Support Elementary Public School .....$696095 $ 196459 $ 892554 Support Elementary Separate School .... $ 32213 $ 5023 $ 37236 Support Separate Secondary School ....$ 32213 $ 5023 $ 37236 Support AND WHEREAS The Ontario Unconditional Grants Act, 1975, provides for a fifteen percent (15%) differential between residential/farm assessment and commercial/industrial/business assessment for the purposes of levying rates, in each year; AND WHEREAS The Education Act, 1974 provides that the rate -to be levied on residential and farm assessment in each year shall be eighty-five (85%) per cent of the rate to be levied on commercial, industrial and business assessment; NOW THEREFORE THE COUNCIL OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1. The estimates of the Corporation of the Village of Port Burwell for the year 1990 be and they are hereby adopted and attached as schedule "A"; 2. The sums to be raised by means of taxation for the year 1990 be as follows, subject to the adjustments are by law required to be made: (a) For general municipal purposes, a sum of..$ such amount to be reduced by a sum of ..... $ 142,400 representing the municipality's share of the 1990 resource equalization grant pay- ment under The Ontario Unconditional Grants M.T.O.- Act, 1975; and further reduced by a sum of..$ 3,181 representing the municipality's share of that telephone and telegraph gross receipts payable under • section 161 of • The • Municipal • Act: • and. further reduced by a sum of. .$ 10,800 representing the municipality's share of payments -in - lieu of taxes from all sources payable during the year; and finally reduced (increased) by a sum of any available surplus (deficit) from any previous year In respect of general yielding a net levying for general municipal purposes of...............$108,144 which includes $1,689 for Long Point Conservation Authority (b) For County purposes, a sum of................$46,928.51 as requisitioned by the County of Elgin, such amount to be reduced by the sum of ....................$ 1213 representing the County's share of that portion of telephone and telegraph gross receipts payable under section 161 of The Municipal Act; and further reduced bythe sum of ................................$ (705) representing the County's share of payments -in -lieu of taxes from all sources payable in the year; and finally reduced (increased)' by a sum of ...............$ 0 representing any overlevy (underlevy) in respect of the of the 1989 County requisition; for a net levy for County purposes of...........................$46,420.51 • (c) For Public School (elementary) purposes,a sum of$77348 such amount being reduced by a sum of ........... $ 2065 representing the amount of that portion of telephone and tglegraph gross receipts payable under section 161 of The Municipal Act that is attributable to public school levies; and further reduced by a sum of..$ 0 representing that portion of payments in lieu of taxes that is attributable to public school levies; and finally reduced (increased) by a sum of ......... $ 78 representing any overlevy (underlevy) in respect of the 1989 Board of Education levy for public school purpose for a net levy for public school (elementary) purposes of.............................................$75,205 (d) For secondary school purposes, a sum of .......$69,782 such amount being reduced by a sum of .......... $ 1,998 representing the amount of portion of telephone and telegraph gross receipts payable under section 161 of The Municipal Act that is attributable to secondary school levies; and further reduced by a sum of..$ 0 representing that portion of payments in lieu of taxes that is attributable to secondary school levies; and finally reduced (increased) by a sum of .......... $ 132 representing any overlevy (underlevy) in respect of the 1989 Board of Education levy for secondary school purposes; for a net for secondary school purposes of ................................................$67,652 (e) For elementary separate school purposes, a sum of •..............................................$3,505.00 such amount being reduced(increased) by a sum of$ 0 any overlevy (underlevy) in respect of the 1989 levy for Roman Catholic separate school purposes; for a net levy for separate school purposes.............$3,505.00 (f! For secondary separate school purposes,a sum of $2,373 such amount being reduced (increased) by a sum of $ 0 any overlay (underlay) in respect of the 1989 levy for Roman Catholic separate school purposes; for a net levy for separate school purposes of ........... $2373.00 3. There shall be levied and collected upon the whole of the assessment for real property and business assess- ment roll, the following rates of taxation for the year 1989: Residential Commercial/ and Farm Industrial & Mills Business Mills General municipal purposes..110.277 129.737 L.P.C.A. 1.749 2.058 County purposes ............. 48.087 56.573 Public school purposes ...... 154.07 181.259 Separate school purposes .... 154.188 181.398 isTOTAL PUBLIC SCHOOL RATE .... 314.183 369.627 TOTAL SEPARATE SCHOOL RATE..314.301 369.766 Yielding a consolidated public school rate for residential and farm assessment of 277.84 mills and for commercial, industrial and business assessment of 326.88 mills; and yielding a consolidated separate school rate for residential and farm assessment of 275.39 mills and for commercial, industrial and business assessment of 323.40 mills. 4. In addition to the rates and taxes authorized to be levied pursuant to clause 2 of this by-law, all other municipal local or direct taxes, rates and charges, the collection of which is the responsibility of the municipality or any of its Officials, be levied and collected in the manner directed and authorized by the provisions of any General or Special Act of by-law of the municipality. The local improvements to be collected are to include water frontages, water connections and sewer connections. The taxes shall become due and payable on the 31 day of May, 1990, but may be paid in installments on the 31 day of May, 1990, the 16 day of July, 1990, the 17 day • of Sept., 1990 provided that upon failure to make payment on any installment date, the whole amount shall become due and payable forthwith. There shall be imposed a penalty for non-payment for taxes on due date of any installment thereof, the amount of 1 1/4 % of the amount due and unpaid on the first day of default, and an additional penalty of 1 1/4% shall be added on the first day of each calender month thereafter in which default continues, but not after the end of the year in which the taxes are levied. That where any taxes or other rates remain due and unpaid after the 31st day of December in the year in which they were levied, there shall be added thereto interest at a rate of 1 1/4% per month or faction thereof until the said taxes and rates are paid. The Collector is hereby authorized to mail or cause to be mailed the notice of taxes due to the address of the residence or place of business of the person to whom notice is required to be given. All taxes shall be paid into the Office of the Treasurer or at the Canadian Bank of Commerce, Port • Burwell, pursuant to Section 386 (8) of The Municipal Act. Where a tenant of lands, owned by the Crown or in which the Crown has an interest, has been employed either within or outside the municipality by the same employer for not less than 30 days, such employer shall pay over to the Collector on demand out of any wages, salary, or other remuneration die to such employee the amount then payable for taxes under this by-law and such payment shall relieve the employer from any liability to the employee for the amount paid. The Collector and the Treasurer are hereby empowered to accept part -payment from time to time on account of any taxes due. All collections are to be applied first to interest and penalty. Secondly, to outstanding work orders and utility collections placed on the roll, and finally, to principal tax amounts most outstanding year. This by-law shall come into effect upon the date of its final passing. Read a first and second time this 12 day of June, 1990. Mead a thif ize and finally passed this 12 day of • June, 1990 AA Cindy A, n, REEVE James G. Timlin, CLERK • U REVENUE Taxation Current Current Penalties Arrears/Interest From Working Reserves 90 BUDGET 100.8 1.0 8.0 26.4 Taxation current reflects a 7% increase in taxes after local improvements have been deleted $35.5. Licenses Building Permits Plumbing Permits 4.2 8.5 2.0 To date the Village has received $5.4 for a building permit and $1.0 for a plumbing permit for the Port Burwell Family Residences. The outlook for new construction in the Village in 1990 is positive with Tree Tops going ahead. Unconditional Grants 103.9 Road Grant 38.5 Recreation Grant 6.0 Citizenship 6 Culture 0.7 The unconditional grants represent a 5.1% increase. Harbour Dockage 22.0 Small Craft Harbour 25.0 Boat Ramp 15.0 Dredge Sale 31.0 Small Craft Harbour funds have been approved. Rent Library 3.9 Rent PUC 1.2 Rent Trailer Park 13.8 Rent East Beach 1.1 The Trailer Park rent reflects the 1990 increase. Bank interest 6.0 Miscellaneous Revenue 8.2 L.P.C.A. Breakwall --- O.H.R.P. Administration 1.5 Better cash flow management in 1990 will result in achieving the $6.0 in interest. In miscellaneous revenue there were a couple of items le. Village of Vienna for water pipe study, that will not be repeated in 1990. Anticipating two OHRP loans. • • Milton Towers Mgt. 6.7 Telephone poles 8.7 County Rebate 3.1 Grant -in -lieu Ontario 6.7 Grant -in -lieu LCBO 3.1 Grant -in -lieu PUC 1.0 Planning 6 Zoning 4.0 Legal 2.0 Tax Sales 1.0 The 06.7 for Milton Towers includes Management fees $4.7 Maintenance $1.2, aad $0.9 for Office costs. The $5.0 in 1989 for planning and zoning was received from Golden Triangle for the condominium project. The 1990 planning, zoning and legal will be expenses recovered from Tree Tops and Port Burwell Family Residences. Tax Sales represents the costs of selling the properties and this cost is recovered in the Sale of property. Water revenue Sewage Revenue 59.1 79.9 The water revenue includes $16.2 for the Elgin Area Water Systems; $8.2 for the Secondary water system operating costs; $7.0 for Clerical cost to process bills; $5.4 for hardware and software; $0.6 for a additional printer to print the bills, $12.0 for meters and repairs; $5.0 for a reserve fund to repair the distribution system in the Village when repairs are needed in the future. It should be noted that the water revenue for cubic meters has been reduced from $1.21 to $0.88 Sewage revenue reflects the cost that MOE invoices the Village. TOTAL REVENUE - 604.0 • Clerk Salary 31.3 F. Benefits 1.7 F. Benefits 1.1 OH1P r 0.6 Clerk Travel 1.0 Receiver General 00.0 WCB 2.5 The receiver general account was misused in 1989 in that it contained the income tax deductions for the staff. For example the salary for the Clerk was budgeted for $32.0 The Clerical salary reflects pay equity adjustments and 12 weeks pay for a bookkeeper to clean up the OHRP accounts. The Clerk travel was reduced in order to help fund the software purchase. 1989 OHIP reflects costs for Office and Maintenance Staff. $7.0 of Clerical staff salary is being recovered in revenue from water. Promotion 2.5 Computer software 8.8 Stationary/Office 7.0 Tax forms 0.3 Tax Sales 1.0 Administration Services 7.0 Misc/Toilets 3.0 Postage/Courier 1.5 Office furniture 0.5 • Promotion covers the cost of Village pins 0.8, SWOTA (Tourist Association) and ads in magazines, newspaper. Ads in the London Free Press saying Tired of Grand Bend, Try Port Burwell Beaches "Its brighter in Port Burwell" Computer software will cost $8.2 , 2.8 is in water for a total cost of $11.0 the additional $0.6 is for a tape back up of the records. Stationary/Office covers hydro, photocopier lease and supplies, cleaning, Municipal World magazine, telephones, letter head, office supplies tax sales the $1.0 is required to sell to properties. Administrative Services covers the purchase of the Fax machine, Otter publishing, the lease and taxes for 345990 Ontario Limited (harbour land) $4.0, petty cash, ads in newspaper for tenders and publishing the 1989 actual expenditures. Miscellaneous and toilets covers 1.6 for portable washrooms donations, flowers and items Council decides on during the year. Postage and courier was reduced because the ad for the Clerk position was billed incorrectly to this line item. Office furniture covers the purchase of blinds for the office and a typing chair. OHRP 90 BUDGET OHRP backpay 2.0 . Expenditures reflect the funds owed the OHRP account and a negotiated two year pay backs due to pass errors. 16 PROTECTION Plumbing Animal Control By-law Enforcement Building Inspector Other Erosion Control Insurance 0.6 2.1 0.6 5.0 1.2 0.0 14.0 Building, Plumbing, By-law reflect the costs of using Bayham Townships employee. HARBOUR Wharfinger Dredging Small Craft Wharfinger reflects the actual percentage of receives as pay. Small Craft was not paid in 1989. The 1989 1990. The 1990 bill will be paid in 1991. BUILDING EXPENSE O.P.P. Library • PUC Trailer Park East Beach 3.6 50.0 8.3 dockage fees he bill was paid in 0.2 2.5 0.1 0.5 1.0 The increase Library expenditures reflects the cost of paint to paint the outside of the building. VILLAGE Garbage disposal 23.0 Parks, Ball Diamond etc. 2.5 Rec. Board 6.0 Lighthouse 0.0 Performing Arts 0.0 Youth 2.5 Museum 1.8 Parks, Ball diamond etc. reflects the additional costs for flowers etc. for the harbour land fill if we get the grants for students. The 1989 grant $6.0 was not forwarded to the Recreation Board. The 1990 grant is $6.0 a,5 ".& has been included in the budget to establish programs for z_'A the youth of the Village. Museum expenditures cover utilities for a 12 month period. It should be noted $8.0 has been identified in the reserve fund to . cover the cost of Students if a SEED grant is not approved. • • • -- 90 BUDGET ROADS Salaries (2) 41.3 F. Benefits 2.3 Equipment repair 3.0 Material shop 1.5 Truck Lease 4.8 Roads material 40.0 Drains 5.0 Sidewalks 10.0 Chipper rental 1.0 Reserve fund tractor 3.0 Weed eater 0.5 Salaries reflect the addition of a permanent employee to bring the maintenance staff to a total of two. Equipment repair reflects the cost of maintaining the tractor. Material shop last year included the truck lease which this year has been separated. Roads material reflects the maintenance of roads and $25.6 for paving roads. The $5.0 is for improving or installing new storm sewers. Sidewalks expenditures supports Council priority to improve sidewalks in the Village. Chipper rental is required since open fire burning is prohibited. The reserve find tractor to place money in a account to eventually replace the tractor. Street Light mtc. Street Lights New Xmas Lights 3.6 5.0 1.2 Me maintenance reflects the cost of maintaining the street lights. Street lights new is increased to meet the requests from residents for lights. Xmas lights cost the Village $1.7 in 1989 which was included in maintenance. This should be separate. The cost in 1990 is estimated at $1.2 since additional work was required in 1989 and the cost of having someone else to put them up since the PUC is using Ontario Hydro. Contingency Land Purchase This should be established to cover have funds in the bank to operate months in 1991 to avoid borrowing taxes are collected. The land purchase is for purchasing Office for future expansion with the not be restricted. 13.5 19.5 unexpected expenses and to the Village during the winter as much from the bank until the land next to the Village view that the Village will $8.0 has been identified in the reserve fund for summer Students • for the Museum and Lighthouse grant. Fire Department Wages Material Truck repairs Heating Capital Expenditures Training Capital reserve fund if they do not receive a SEED 11.0 5.8 8.8 1.9 2.9 3.0 This year the budget will be turned over to the Fire Department to manage this year. Once approved by Council it will be up to the Fire Department to control the expenditures. Monthly variance reports will be presented to Council. Wages have been kept at $11.0 to reflect the reduced fire calls for the first quarter of 1990. Note, that in material 1989 actual includes training costs. PROFESSIONAL SERVICES Outer Harbour 35.0 Planning & Zoning 6.0 • Legal . 10.6 .6 Outer Harbour project covers the cost of the consultant, appraised of the Village land and Village expenses related to the project planning and zoning covers costs to implement the Official Plan and zoning. It reflects also the costs to amend the zoning ie Port Burwell Family Residents. Legal is higher do to zoning, review of by-laws and implementing them. Auditor is reduced to reflect the improvements as the result of the software. COUNCIL Council salaries 12.0 Council travel 2.0 Council salaries reflect the lack of Special meetings to date Council travel reflects a reduction in conferences. WATER/SEWER MOE Water charge 29•9 MOE Sewer charge 99 70.5 London PUC billing . Bill mailings 1 Forms 5..2 • Meters/repairs .0 9 0 The water charge reflects a reduction in the water rate that is charged by MOE from $1.21 to $0.88. The sewage charge is the amount to cover expenditures that is charged by MOE. The London PUC is the charge for processing the water bills until the Village is operating their own software, bill mailing and forms are the estimated cost to process and mail our own bills. The additional printer is required to print the water bills. A computer is required to be networked to the Villages so that with it is processing water transaction other work can be carried on. Temporary Help 5.0 It is strongly recommended that a Student be hired to assist in the Office. This would free up the Administrator/Clerk/Treasurer to work on the Outer Harbour project. Such things as Investigating funding options le. tax holidays, debentures, selling of 66% of the slips and to meet with developers to attract them to the Village. If this harbour project is to happen a large number of hours has to be put in. The day of just writing Ottawa and demanding a outer harbour marina are no more. The economic and financial impact of this project must be developed and alternative sources and methods of funding must be • investigate. In addition work must be done on Bill 20 Development charges, Freedom of Information and Privacy Act, and putting our by-laws under the Provincial Offences Act. TOTAL EXPENSES - 604.0 1990 BUDGET REVENUE 90 BUDGET Taxation Current 100.8 Current Penalties 1.0 Arrears/Interest 8.0 From Working Reserves 26.4 Taxation current reflects a 7% increase in taxes after local Improvements have been deleted $35.5. Licenses 4.2 Building Permits 8.5 Plumbing Permits 2.0 To date the Village has received $5.4 for a building permit and $1.0 for a plumbing permit for the Port Burwell Family Residences. The outlook for new construction in the Village in 1990 is positive with Tree Tops going ahead. Unconditional Grants 103.9 Road Grant 38.5 • Recreation Grant 6.0 Citizenship 6 Culture 0.7 The unconditional grants represent a 5.1% increase. Harbour Dockage 22.0 Small Craft Harbour 25.0 Boat Ramp 15.0 r)redge Sale 31.0 Small Craft Harbour funds have been approved. Rent Library 3.9 Rent PUC 1.2 Rent Trailer Park 13.8 Rent Bast Beach 1.1 The Trailer Park rent reflects the 1990 increase. Bank interest 6.0 Miscellaneous Revenue 8.2 L.P.C.A. Breakwall "- O.H.R.P. Administration 1.5 Better cash flow management in 1990 will result in achieving the • $6.0 in interest. In miscellaneous revenue there were a couple of items ie. Village of Vienna for water pipe study, that will not be repeated in 1990. Anticipating two OHRP loans. 1-1 • • 90 BUDGET Milton Towers Mgt. 6.7 Telephone poles 8.7 County Rebate 3.1 Grant -in -lieu Ontario 6.7 Grant -in -lieu LCBO 3.1 Grant -in -lieu PUC 1.0 Planning 6 Zoning 4.0 Legal 2.0 Tax Sales 1.0 The $6.7 for Milton Towers includes Management fees $4.7 Maintenance $1.2, and $0.9 for Office costs. The $5.0 in 1989 for planning and zoning was received from Golden Triangle for the condominium project. The 1990 planning, zoning and legal will be expenses recovered from Tree Tops and Port Burwell Family Residences. Tax Sales represents the costs of selling the properties and this cost is recovered in the Sale of property. water revenue Sewage Revenue 59.1 79.9 The water revenue includes $16.2 for the Elgin Area Water Systems; $8.2 for the Secondary water system operating costs; $7.0 for Clerical cost to process bills; $5.4 for hardware and software; $0.6 for a additional printer to print the bills, $12.0 for meters and repairs; $5.0 for a reserve fund to repair the distribution system in the Village when repairs are needed in the future. It should be noted that the water revenue for cubic meters has been reduced from $1.21 to $0.88 Sewage revenue reflects the cost that MOE invoices the Village. TOTAL REVENUE - 604.0 Clerk Salary 31.3 F. Benefits 1.7 a L� F. Benefits 1.1 OHIP 0.6 Clerk Travel 1.0 Receiver General 00.0 WCB 2.5 The receiver general account was misused in 1989 in that it contained the income tax deductions for the staff. For example the salary for the Clerk was budgeted for $32.0 The Clerical salary reflects pay equity adjustments and 12 weeks pay for a bookkeeper to clean up the OHRP accounts. The Clerk travel was reduced in order to help fund the software purchase. 1989 OHIP reflects costs for Office and Maintenance Staff. $7.0 of Clerical staff salary is being recovered in revenue from water. Promotion 2.5 Computer software 8.8 Stationary/Office 7.0 Tax forms 0.3 Tax Sales 1.0 Administration Services 7.0 Misc/Toilets 3.0 Postage/Courier 1.5 Office furniture 0.5 Promotion covers the cost of Village pins 0.8, SWOTA (Tourist Association) and ads in magazines, newspaper. Ads in the London Free Press saying Tired of Grand Bend, Try Port Burwell Beaches "Its brighter in Port Burwell" Computer software will cost $8.2 , 2.8 is in water for a total cost of $11.0_the additional $0.6 is for a tape back up of the records t'_,-HAtinnaxy/Oicelcovers h 4!.� photocopier lease and supplies, cleaning, Munic- "pl World magazine, telAqAjones., letter head, office supplies tax sales the $1.0 is required to sell to properties. Administrative Services covers the purchase of the Fax machine, Otter publishing, the lease and taxes for 345990 Ontario Limited (harbour land) $4.0, petty cash, ads in newspaper for tenders and publishing the 1989 actual expenditures. Miscellaneous and toilets covers 1.6 for portable washrooms donations, flowers and items Council decides on during the year. Postage and courier was reduced because the ad for the Clerk position was billed incorrectly to this line item. Office furniture covers the purchase of blinds for the office and a typing chair. OHRP 90 BUDGET • OHRP backpay 2.0 Expenditures reflect the funds owed the OHRP account and a negotiated two year pay backs due to pass errors. • PROTECTION Plumbing 0.6 Animal Control 2.1 By-law Enforcement 0.6 Building Inspector 5.0 Other 1.2 Erosion Control 0.0 Insurance 14.0 Building; Plumbing, By-law reflect the costs of using Bayham Townships employee. HARBOUR Wharfinger Dredging Small Craft Wharfinger reflects the actual percentage of receives as pay. Small Craft was not paid in 1989. The 1989 1990. The 1990 bill will be paid in 1991. BUILDING EXPENSE • O.P.P. Library PUC Trailer Park East Beach 3.6 50.0 8.3 dockage fees he bill was paid in 0.2 2.5 0.1 0.5 1.0 The increase Library expenditures reflects the cost of paint to paint the outside of the building. VILLAGE Garbage disposal 23.0 Parks, Ball Diamond etc. 2.5 Rec. Board 6.0 Lighthouse 0.0 Performing Arts 0.0 Youth 2.5 Museum 1.8 Parks, Ball diamond etc. reflects the additional costs for flowers etc. for the harbour land fill if we get the grants for students. The 1989 grant $6.0 was not forwarded to the Recreation Board. The 1990 grant is $6.0 a, ".& has been included in the budget to establish programs for the youth of the Village. ✓✓✓ Museum expenditures cover utilities for a 12 month period. It . should be noted $8.0 has been identified in the reserve fund to cover the cost of Students if a SEED grant is not approved. • I] 90 BUDGET ROADS Salaries (2) 41.3 F. Benefits 2.3 Equipment repair 3.0 Material shop 1.5 Truck Lease 4.8 Roads material 40.0 Drains 5.0 Sidewalks 10.0 Chipper rental 1.0 Reserve fund tractor 3.0 Weed eater 0.5 Salaries reflect the addition of a permanent employee to bring the maintenance staff to a total of two. Equipment repair reflects the cost of maintaining the tractor. Material shop last year included the truck lease which this year has been separated. Roads material reflects the maintenance of roads and $25.6 for paving roads. The $5.0 is for improving or installing new storm sewers. Sidewalks expenditures supports Council priority to improve sidewalks in the Village. Chipper rental is required since open fire burning is prohibited. The reserve find tractor to place money in a account to eventually replace the tractor. Street Light mtc. Street Lights New Xmas Lights 3.6 5.0 1.2 :'he maintenance reflects the cost of maintaining the street lights. Street lights new is increased to meet the requests from residents for lights. Xmas lights cost the Village $1.7 in 1989 which was included in maintenance. This should be separate. The cost in 1990 is estimated at $1.2 since additional work was required in 1989 and the cost of having someone else to put them up since the PUC is using Ontario Hydro. Contingency Land Purchase This should be established to cover have funds in the bank to operate months in 1991 to avoid borrowing taxes are collected. The land purchase is for purchasing Office for future expansion with the not be restricted. 13.5 19.5 unexpected expenses and to the Village during the winter as much from the bank until the land next to the Village view that the Village will $8.0 has been identified in the reserve fund for summer Students for the Museum and Lighthouse if grant. Fire Department Wages Material Truck repairs Heating Capital Expenditures Training Capital reserve fund they do not receive a SEED 11.0 5.8 8.8 1.9 2.9 3.0 This year the budget will be turned over to the Fire Department to manage this year. Once approved by Council it will be up to the Fire Department to control the expenditures. Monthly variance reports will be presented to Council. Wages have been kept at $11.0 to reflect the reduced fire calls for the first quarter of 1990. Note, that in material 1989 actual includes training costs. PROFESSIONAL SERVICES • Outer Harbour Planning & Zoning Legal Auditor 35.0 4.0 6.0 10.6 Outer Harbour project covers the cost of the consultant, appraised of the Village land and Village expenses related to the project planning and zoning covers costs to implement the Official Plan and zoning. It reflects also the costs to amend the zoning ie Port Burwell Family Residents. Legal is higher do to zoning, review of by-laws and implementing them. Auditor is reduced to reflect the improvements as the result of the software. COUNCIL Council salaries 14.0 Council travel 2.0 Council salaries reflect the lack of Special meetings to date Council travel reflects a reduction in conferences. WATER/SEWER HOE Water charge 24.4 MOE Sewer charge 79.9 London PUC billing 0.5 Bill mailings 1.2 Forms 5•4 Meters/repairs 9.0 . The water charge reflects a reduction in the water rate that is charged by MOE from $1.21 to $0.88. The sewage charge is the amount to cover expenditures that is charged by MOE. The London PUC is the charge for processing the water bills until the Village is operating their own software, bill mailing and forms are the estimated cost to process and mail our own bills. The additional printer is required to print the water bills. A computer is required to be networked to the Villages so that with it is processing water transaction other work can be carried on. Temporary Help 5.0 It is strongly recommended that a Student be hired to assist in the Office. This would free up the Administrator/Clerk/Treasurer to work on the Outer Harbour project. Such things as investigating funding options ie. tax holidays, debentures, selling of 66% of the slips and to meet with developers to attract them to the Village. If this harbour project is to happen a large number of hours has to be put in. The day of just writing Ottawa and demanding a outer harbour marina are no more. The economic and financial impact of this project must be developed and alternative sources and methods of funding must be investigate. In addition work must be done on Bill 20 Development charges, Freedom of Information and Privacy Act, and putting our by-laws under the Provincial Offences Act. TOTAL EXPENSES - 604.0 Ll 0 THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meetin ...... .................. A;1 .......... 19. ............. Moved By ..... . ..... ------ That leave be granted to introduce By-law to and that By-law presented herewith be read a first time. By-law road a ..E­ ...... time Moved By Seconded B •------- Ely- w road a Moved By ----- W- ------- ---- ---- ----- Seconded By -- i4 By-law a '-1---tLme That By-law now read a first time be read a ow;ond time forthwith. That By-law now read a second time be read a third time forthwith. • Moved By. ....... - --------- That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded B ... sealed by the Reeve. i • 0 THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW 90-16 Being a by-law to appoint Enforcement Officers WHEREAS the Municipal act, revised statues of Ontario 1980 chapter 302, authorizes the enforcement of by-laws, the Council of the CoUoration of the Village of Port Burwell appoints the following individuals as By-law Enforcement Officers to carry out the duties as required by the said act for parking violations. 1) Henry Valks 2) David Orton 3) Ed Brandt 4) Frank Reiser 5) Tony Difazio 6) Jerry Donck THAT this by-law shall remain in effect for the year 1990, and replaces By -Law 90-14. MOVED S CONDED BY DAT That -law e r first time. Read and carri MOVED BY SECONDED BY T That by-lj_7V 1 e second tim .Read and carri e MOVED BY SECONDED DATE 11e That by-law 90-1 ,be read a third t me.; eading dis ed with, finally passed. �ee�U Being a by-law to set remuneration of the Reeve and Council and to provide for the paying of expenses WHEREAS The Municipal Act, R.S.O. 1980, Section 238 permits Council to pass a by-law for paying of remuneration to a member of Council and such remuneration may be determined in any manner that Council considers advisable. AND WHEREAS Section 239 of the said Act permits Council to pass a by-law to set maximum amounts or rates that may be paid in respect of expenses. THEREFORE Council enacts that the following rates of remuneration be paid; To Whom For Which Amount Amount Reeve Two regular meetings/mth 84.00/meet as set by by-law Reeve Special meeting 84.00/meet $42.00/meet over 2 1/2 hours under 2 1/2 hours 00 Councillor Two regular meetings/mth 73.50/meet as set by by-law Councillor Special meetings 73.50/meet $36.75 meet over 2 1/2 hours under 2 1/2 hours Reeve Convention attendance determined Council resolution NOTWITHSTANDING the foregoing, if attendance by the Reeve or a Councillor at a meeting requires time off work, remuneration shall be on the basis of a full meeting regardless of the actual time spent in attendance at the meeting. AND FURTHER MORE; to be paid for a regular or special meeting the Reeve and Council must be in attendance at the meeting. A "special meeting" is defined as a meeting of Council other than a regular meeting, called pursuant to section 57, subsection 2 of the Municipal Act. AND FURTHERMORE; expenses incurred by a member of Council while attending such conferences, courses, conventions or other functions as are approved by resolution of Council shall be reimbursed in amounts and at such times as Council may by resolution determine. AND FURTHERMORE; automobile expenses incurred by members of Council, officers and servants of the municipality as a result of their acting either within or outside the Municipality as members of Council, Officers or Servants shall be repaid at the rate of $0.25 per km travelled. • I* is E AND FURTHERMORE; be it enacted that while on the Municipality's business, that a meal allowance be provided to be no more than $30.00 for each 24 hour period providing that the time on business has been more than 12 hours. A proper invoice must be provided to the Treasurer. Meal Schedule Time on Village business Allowance 2 to 4 hours 5.00 2 to 8 hours but more than 4 hours 10.00 2 to 12 hours but more than 8 hours 30.00 This by-law is effective January 1, 1990. This by-law replaces by-law number 89-24 dealing with Reeve and Council remuneration. , MOVED BY SECONDED/ CARRIED K Reeve That by-law 0-1 be read a first time. Read and carried '1OVED BY ONDED BY DAT CARRIED Reeve That by-law 90-fN be read a second time. Read and dispensed MOVED BYJ _ SECONDED BY / DATEwth. �/yU CARRIED �,k L�,h0 That by-laF be 'read al}y pa Reeve v llin _Keeve a third time. Reading .dispensed with, clerk/Treasurer James G. Timlin • • BY-LAW NUMBER 90-17 Being a by-law to set remuneration of the Reeve and Council and to provide for the paying of expenses WHEREAS The Municipal Act, R.S.O. 1980, Section 238 permits Council to pass a by-law for paying of remuneration to a member of Council and such remuneration may be determined in any manner that Council considers advisable. AND WHEREAS Section 239 of the said Act permits Council to pass a by-law to set maximum amounts or rates that may be paid in respect of expenses. THEREFORE Council enacts that the following rates of remuneration be paid; To Whom For Which Amount Amount Reeve Two regular meetings/mth as set by by-law Reeve Special meeting over 2 1/2 hours Councillor Two regular meetings/mth as set by by-law Councillor Special meetings over 2 1/2 hours Reeve 6 Convention attendance Council 84.00/meet 84.00/meet 73.50/meet 13.50/meet determined resolution $42.00/meet under 2 1/2 hours $36.75 meet under 2 1/2 hours NOTWITHSTANDING the foregoing, if attendance by the Reeve or a Councillor at a meeting requires time off work, remuneration shall be on the basis of a full meeting regardless of the actual time spent in attendance at the meeting. AND FURTHER MORE; to be paid for a regular or special meeting the Reeve and Council must be in attendance at the meeting. A "special meeting" is defined as a meeting of Council other than a regular meeting, called pursuant to section 57, subsection 2 of the Municipal Act. • AND FURTHERMORE; expenses incurred by a member of Council while attending such conferences, courses, conventions or other functions as are approved by resolution of Council shall be reimbursed in amounts and at such times as Council may by resolution determine. AND FURTHERMORE; automobile expenses incurred by members of Council, • officers and servants of the municipality as a result of their acting either within or outside the Municipality as members of Council, Officers or Servants shall be repaid at the rate of $0.25 per km travelled. AND FURTHERMORE; be it enacted that while on the Municipality's business, that a meal allowance be provided to be no more than $30.00 for each 24 hour period providing that -the timC on business has been more than 12 hours. A proper invoice must be provided to the Treasurer. Meal Schedule Time on Village business Allowance 2 to 4 hours 5.00 2 to 8 hours but more than 4 hours 10.00 2 to 12 hours but more than 8 hours 30.00 • This by-law comes into effect on date of passing. This by-law replaces by-law number 89-24 dealtpg w th Rea and Council remuneration. / MOVED BY ECONDED BY DA � CARRIED Reeve J � �,L1 That by-law 90-I% be read a first time. Read and carried MOVED BY SECONDED B y (`// CARRIED R eve That by -la 17 be rea4 a econd time. Read 4nd dispensed wl /1 MOVED BY / SECONDED BY AT �7. CARRIED Reeve That by-law 90-)a read a third time. Reading dispensed with, f nally pa Reeve Ci A111 erk/T easurer James 0. Timlin • BY-LAW NO. 90-18 • A BY-LAW OF THE -CORPORATION OF THE VILLAGE OF PORT BURWELL ABOLISHING ITS PUBLIC UTILITIES COMMISSION WHEREAS the municipal council with the assent of the electors enacted By-law No. 54 of the Corporation of the Village of Port Burwell on the 4th day of October, 1954; AND WHEREAS the municipal council does not believe that it is in the public interest for the Village to continue to manage and operate its own system for the supply and distribution of electrical power; AND WHEREAS the municipal council therefore proposes to repeal the said By-law No. 54; AND WHEREAS the municipal council has applied to the Ontario Municipal Board for permission to dispense with assent of the • electors which would otherwise be required by Section 37 (5) of the Public Utilities Act, R.S.O. 1980, C. 423; NOW THEREFORE the municipal council of the Corporation of the Village of Port Burwell enacts as follows: 1. By-law No. 54 of the Corporation of the Village of Port Burwell passed on the 4th day of October, 1954, be and the same is hereby repealed. 2. The control and management of the electrical supply and distribution system is hereby vested in the council and the Public Utilities Commission ceases to exist. 3. This by-law takes effect on the date it receives the approval of the Ontario Municipal Board pursuant to Section 63 of the Ontario Municipal Board Act to dispense with the assent of the electors herein. Passed in Open Council and read three times this / `-/ day of 1990. J LJ s • • THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting . .... c/ -. .....4. .........,19.�,� Moved By Seconded BZ:;2 That leave be granted to introduce By -lawn ?67 1b and that By-law presented herew��''itth'' be read a first time. I_- By-law read a ...... I-E " time Moved By Seconded By By-law read a Moved By Seconded By----------4 ....-- By-law read • Moved By ..---- - -ti Seconded,.._. .......... That By-law now read a first time be a second time forthwith. That By-law now read a second time be read a third time forthwith. C y�\ram` , v , Q K `�V Qee \11go. That By-law now read a third time do pass, be engrossed by the Clerk, and Sealed by the Reeve \ �� 0—.1 f4/4 n co poc boo i� r ONTARIO MUNICIPAL BOARD CANADA ) IN THE MATTER OF an Application pursuant to Section 63 of the Province of Ontario ) Ontario Municipal Board Act, R.S.O. 1980, c. 347; AND IN THE MATTER OF Section 37 of the Public Utilities Act, R.S.O. 1980, c. 423. DECLARATION I, JAMES G. TIMLIN, of the Village of Port Burwell, in the County of Elgin, Municipal Clerk, SOLEMNLY DECLARE: 1. That I am the Municipal Clerk for the Corporation of the Village of Port Burwell and as such have knowledge of the matters hereinafter deposed to. 2. That the municipality applied to the Ontario Municipal Board for directions with respect to this matter, which directions were received on June 5, 1990. 3. That a notice of the municipality's application was published in the "Tillsonburg News" on June 11 and June 18, 1990. 4. That attached hereto and marked Exhibit "A" to this my Declaration is a copy of the notice as it appeared in the "Tillsonburg News" on June 11, 1990. 5. That attached hereto and marked Exhibit "D" to this my Declaration is a copy of the notice as it appeared in the "Tillsonburg News" on June 18, 1990. 6. That a notice of the municipality's application was published in the "Aylmer Express" on June 13, 1990. Attached hereto and marked Exhibit "C" to this my Declaration is a copy of the notice as it appeared in the "Aylmer Express". - 2 - 7. That the "Tillsonburg News" and the "Aylmer Express" both have general circulation in the Village of Port Burwell. 8. That the said notice as published indicated that the last date for objections to the municipality's proposal was July 3, 1990. 9. That the Public Utilities Commission of the Corporation of the Village of Port Burwell advertised and conducted a public information meeting on June 6, 1990 to discuss the merits of the within proposal. 10. That no objections were received to the municipality's proposal within the time period set out, or at all. 11. That this Declaration is made in support of an Application by the Corporation of the Village of Port Burwell for an order of the Ontario Municipal Board dispensing with the assent of the electors pursuant to Section 63 of the Ontario Municipal Board Act and for no other or improper purpose. AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath. DECLARED before me at the City of London, in the County of Middlesex, this 5th day of July, 1990. uaye, Wuy fir, niv.w. eau rn,n) u.r VEN piece dining, room set, �49 64 . Good condition. $600.00-------_---------- 77.2572. 69 1980 YAMAHA motor ,ycle, 650 special In ---- --- -- good shape. $880 certified, $850 uncertl- WOOD lathe, large crock, fled. 875-4646. t 68 xrtor desk, motorcycle hel- — -- — — air, two bicycles, humidifier, dicator, marine pas tank. 71 NG buys - 1/2 Price Sale - I ing at regular prlce and get for 501/. more -limited steel I Hours - 1.800-263.8499. ON steel buildings - factory - example 25x30, $2,699, es 10-100' wide, any length. nly. Construction available. )span 1-800668.5422 (24 BC INGS: A cheap building of- lity, may even cost more iswer, Future Steel_ Thou- ) cant be wrong. Call 1.800- 8C )INGS: Posldvely lowest $2,330; 25'x3o', $2,935; ); 40'x46', $5,142. Endwalls K Items. Other sizes avail- e-save.1,600-668-4338 or 4. BC 4OUSE and Hydroponics h Slderoad, Landon, Ont. 09) 452-3919. Complete ;tams. We do mall orders. Wogue, $2 rebate on your BC 'OOL Sale: One piece fI- lrounds, vinyl Ilned In- myround. Protessionalln- s. Book now and save. Call ) or 658-8091. BC ALL 688-6397 ness. Low Re -Payment Plans available. No qualifying hassels, rega, s of In- come or credit. Serving all G Brio Call Excel Flnanclal Corp. (Toll Free) 1.800- 265.6984. BC NOTICE OF APPLICATION TO THE ONTARIO MUNICIPAL BOARD BY THE CORPORATION OF THE' VILLAGE OF PORT BURWELL FOR AN ORDER PURSUANT TO SECTION 63 OF THE ONTARIO MUNICIPAL BOARD ACT TAKE -NOTICE that The Corporation of the Village of Port Burwell has applied to the Ontario Municipal Board pursuant to the provisions of Section 63 of the Ontario Municipal Board Act, R.S.O. 1980 c. 347, for an Order dispensing with the accent of the electors to a by-law abolishing the Public Utilities Commission for the Village of Port Burwell. It is proposed that the municipal council enact a by-law repealing By -Law No. 54 which estab- lished the Public Utilities Commission and entrusted it with a mandate to distribute and supply electrical power. The effect of the repealing by-law will be that the control of management will again be vested in the municipal council and the Public Utilities Commission will cease to exist. It is the intention of council that Ontario Hydro will then be asked to assume the management and responsibility for the electrical distribution system in the village. Any person interested may, within twenty-one (21) days after the date of this notice, send by registered mail or deliver to the Clerk of the Village of Port Burwell notice of his or her objection to the approval of said application together with a statement of the groundsof such objection and a request that the Ontario Mu- nicipal Board schedule a hearing to give consideration to their objection. THE ONTARIO MUNICIPAL BOARD may approve the said application but before doing so it may appoint a time and place when any objection to the application will be considered. Notice of any hearing that may beheld will be given only to persons who have filed an objection and who have left with ordelivered to the undersigned Clerk the address to which noticeof hearing is to be sent, THE LAST DATE FOR FILING OBJECTION will be the 3rd day of July, 1990. James Timlin, Clerk .11 Village of Port Burwell 1 i 21 Pitt Street i Port Burnvell, Ontario. N01 1TO 6' n ^ c-f'' �� �f y C/ C JAMES G. TIMLIN C " o rl e '� f /% /1 CLERK -TREASURER This is Exhibit "A" mentioned and referred to in the Declaration of James G. Timlin sworn before me in the City of London, in the County of Middlesex this 5th day of July A.D. -L-9-90. A CC4mmissi1Fkner, etc. illsorh1ir4 688-096 J' ' Pay 12 THE TILLSONSURG NEWS "Monday, Juror 18. 1990 • , -AV ram• ��••— �_ eps the heat out our fun line of automotive aCC@ssorks to- a _ Royal Glass and day, Royal Glass and Mirror, 3708Sincoe Mirror, 370E Simcoe St., Tillsonburg _E service on windshield re- SI.. Tillsonburg. Phone $42.4970. 66 Phone 842.4970. 66 mall Royal Glass and Mirror, )e SL, TiNsonburg, 842- • • . 66 JTO reconditioning. Steam No Icet ill carpeting• remove stains, ;: Ave..iiusoo bury 842 NOTICE OF APPLICATION 66 TO THE ONTARIO MUNICIPAL BOARD IS the BY THE CORPORATION OF THE tined through GM So?wds. dwough Ge Schools. e means wel do it tight the VILLAGE OF PORT B URWELL us at P•arce Motors Ltd. :CLEANING - Free pick up FOR AN ORDER PURSUANT TO free estimates. Car Care e Ave., Tillsonburg. 66 SECTION 63 OF THE ONTARIO MUNICIPAL BOARD ACT idshield TAKE NOTICE that The Corporation of the Village of Port :ep air Burwell has applied to the Ontario Municipal Board pursuant to the provisions of Section 63 of the Ontario Municipal Board Act, R.S.O.1980 c. 347, for an Order dispensing with the accent of the electors to a by-law abolislung the Public Utilities Commission for the Village of Port Burwell. It is proposed that the municipal .' It = council enact a by-law repealing By -Law No. 54 which estab- lw-�••s'' r lished the Public Utilities Commission and entrusted it with a mandate to distribute and supply electrical The , '' ' •' t. - power. effect of the repealing by-law will be that the control of management will again be vested in the municipal council and the Public Utilities ='`�• Commission will cease to exist. It is the intention of council that Ontario Hydro will then be asked to assume the management r instead of replace? and responsibility for the electrical distribution system in the son No. 4 village. Any person interested may, within twenty-one (21) days after ONG AND the date of this notice, send by registered mail or deliver to the 1ANENT TO Clerk of the Village of Port Burwell notice of his or her objection O CRACKS to the approval of said application together with a statement of thegroundsof such objection and a request that the OntarioMu- SPREADINGIJnicipal Board schedule a hearing to give consideration to their objection. For Your THE ONTARIO MUNICIPAL BOARD may approve the said Free Estimate application but before doing so it may appoint a time and place Call Today! when any objection to the application will be considered. Notice of any hearing that may be held will be given only to persons who have filed an objection and who have left with or delivered to th undersigned Clerk the address to which noticeof hearing is to bl► sent. — r THE LAST DATE FOR FILING OBJECTION will be the 3rd g MHMOR day of July, 1990. ME — INDUSTRY nd PLASTICS James Timlin, Clerk 342.4970 Village of Port Bunvell 21 Pitt Street u St.. Tillsonburg Port Burwell. Ontario. N01 I10 This is Exhibit "B" mentioned and referre( to in the Declaration of James G. Timlin sworn before me in th( City of London, in th( County of Middlesex this 5th day of July, A.D. 1990. over, etc. . wPAGE G—AYLMER EXPRESS —Wed., June 13, 1990 Highland t:,ames Sum of a hwdand w.knt►» This is Exhibit "C" mentioned and referred to in the Declaration o. James G. Timlin sworn before me in the City o London, in the County o Middlese this 5th day of July D. 1990. I A CommjLssioner, etc. % I Notice of Application;• . To The Ontario Municipal Board By The • Corporation of the - Village of Port Burwell _ , .: t- For An Order Pursuant To Section 63 of the Ontario Municipal Board Act TAKE NOTICE that The Corporation of the Village of Port Burwell has applied to the Ontario Municipal Board pur- suant to the provisions of Section 63 of the Ontario Municipal Board Act, R.S.O. 1980 c. 347, for an Order dispensing with'the assent of the electors to a by-law abolishing the Public Utilities Commission for the Village of Port Burwell. It is proposed that the municipal council enact a by-law repealing By-law No. 54 which established the Public Utilities Commission and entrusted it with a mandate to distribute and supply electrical power. The effect of the repealing by-law will be that the control of management will again be vested'in the municipal coun- cil and the Public Utilities Commission will cease to exist. It is the intention of council that Ontario Hydro will then be asked to assume the management and responsibility for the electrical distribution system in the Village. Any person interested may, within twenty-one (21) days after the date of this notice, send by registered mail or deliver to the Clerk of the Village of Port Burwell notice of his or her objection to the approval of said application together with a statement of the grounds of such objec- tion and a request that the Ontario Municipal Board schedule a hearing to give consideration to their objection. THE ONTARIO MUNICIPAL BOARD may approve the said application but before doing so it may appoint a time and place when any objection to the application will be considered. Notice of any hearing that may be held will be given only to persons who have filed an objection and who have left with or delivered to the undersigned Clerk the address to which notice of hearing is to be sent. THE LAST DATE FOR FILING OBJECTIONS will be the 3rd day of July, 1990. James Timlin, Clerk Village of Port Burwell 21 Pitt Street, Port Burwell, Ont. NOJ 1 TO 13, at d, ri w •a B J' J A i F 2 F 0 P K T .N 'F N C a F P R W w ai A w J: bi fv B Si tc U w St Ki Br Y 'A t VILLAGE OF PORT BURWELL • . BY-LAW 90-kf ll , Being a by-law to appoint Deputy Fire Chief, set annual pay, mutual aid meeting and fire call pay . WHEREAS the Village of Port Burwell appoints Tom Millard as Deputy Fire Chief. Annual pay is $600.00 plus pay for mutual aid meetings and fire calls. • 4f%f MOVED BY�CSECONDED' DATEZ7/ / v That by-law 90-1$ be read a first Xe., ead and carried. MOVED SECONDED B That b,-1 w 0-�� be read a second time. ead and carried. ,MOVED Bti" LADED BY/129�ATE That by-law ---Q,4.4k be read a third time. Reading dispe Psed with, filially passe %A /y)4L4 J V Reeve, CinBkAllin erk, James G. Timlin The Corporation of The Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell, Ontario By -Law 94-08 Being a Bylaw to renumber certain By-laws in order to avoid numerical duplication Whereas Section 102 of the Municipal Act RSO 1990 c. M.45 provides that a council may pass by-laws governing the operations of the municipality and Whereas the numerical sequence of certain by-laws passed between 1945 and 1992 have used the same numbers. The Council of the Village of Port Burwell hereby deems it necessary to change the numbering of the following by-laws as follows; 1. BY-LAW 86-08 being a Bylaw to Appoint a By-law Enforcement Officer, shall he changed to BY-LAW 86-01. By-law 86-08 being a by-law to set the Rates and Levies for 1986 shall remain. 2. BY-LAW 86-12 being a by-law to Designate the Old Baptist Church as a Historical Building, shall be changed to BY-LAW 86-18. By-law 86-12 being a by-law to authorize the expropriation of Land shall remain. 3. BY-LAW 86-14 being a by-law to appoint a Building Official, shall be changed to BY-LAW 86-19. By-law 86-14 being a by-law to Amend By-law 86-13, the Zoning By-law shall remain. 4. BY-LAW 230 being a by-law to Set the Rates and Levies for 1969, shall he changed to BY-LAW 125. BY-LAW 230 being a by-law for the Roads Expenditure shall remain. 5. BY-LAW 87-15 being a by-law for Licensing and the Regulation of Taxi Cabs, shall he changed to BY-LAW 87-27. By-law 87-15 being a by-law to Authorize Offer to Settle shall remain. 6. BY-LAW 88-12 being a by-law to Grant Ownership of the Sewage Works shall be changed to BY-LAW 88-25. By-law 88-12 being a by-law to Allow Encroachment at 22 Pitt Street shall remain. 7. BY-LAW 89-04 being a by-law to Authorize the Lease of Harbour Lands with the Department of Fisheries and Oceans shall be changed to BY-LAW 89-06. BY-LAW 89-04 being a by-law to Adopt an Official Plan for the Village of Port Burwell shall remain. 8. BY-LAW 89-13 being a by-law to Appoint a Plumbing Inspector shall be changed to BY-LAW 89-16. BYLAW 89-13 being a by-law to set the Water and Sewer Rates shall remain. 9. BY-LAW 90-11 being a by-law to Appoint a Deputy Fire Chief shall be changed to BY-LAW 90-19. By -Law 90-11 being a by-law to Appoint a By-law Enforcement Officer shall remain. 2 This by-law read a DIviT. ree, Administrator/Clerk-Treasurer I ay of September 1994. This by-law read a third time and hinally passed this 27th day of September 1994. pi,�� II //L"/ice Li' Davi . Free, Administrator/Clerk-Treasurer 3 is • • THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW 90-20 Being a by-law to regulate the charge for building and demolition permits within the Village of Port Burwell. Whereas Section 210 paragraph 162 of the Municipal Act allows municipalities to pass by-laws to regulate the erection, alteration and demolition of buildings within the Village and for charging fees for permits issued. The Corporation of the Village of Port Burwell hereby enacts the following charges for permits. Permits -before any building within the Village of Port Burwell is to be constructed, altered or repaired at any estimated cost of more than $400.00 or any building of a value of more than $500.00 is to be torn down, demolished or removed either in whole or in part, the owner of the building or proposed building shall obtain a permit from the Building Inspector and his application for same shall give such full and complete information as to the work as may be required by the Building Inspector. A permit shall be required for a new building in excess of 100 square feet (9.2 square meters). (1) At the time of such application, the applicant shall pay to thef,�i-ding Peet the following sums: For work costing Y One Thousand Dollars S1,000) or part thereof, the sum of $25.00 and an additional $3.00 for each additional One Thousand Dollars ($1,000) or part thereof. (2) Where the application is for the demolition or removal of a building, the cost of the permit shall be $25.00. This by-law�ffec"v MOVED BY That by -la CARRIED n/date of passi / %SECONDED B '&lu a first time. ';P, and Carrie . Cal MOVED 8 $CONDED BYis The by 1 w`9 20 be ead a second time. Read 5nd carried CARRIED \ UQ MOVED BY SECONDED The by-law - 0 be read a third finally passed. CARR I SD OV)e v N B - DATELj �i time. a i g dispen� with, 71J�� t �r THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW 90-20 Being a by-law to regulate the charge for building and demolition permits within the Village of Port Burwell. Whereas Section 210 paragraph 162 of the Municipal Act allows municipalities to pass by-laws to regulate the erection, alteration and demolition of buildings within the Village and for charging fees for permits issued. The Corporation of the Village of Port Burwell hereby enacts the following charges for permits. Permits -before any building within the Village of Port Burwell is to be constructed, altered or repaired at any estimated cost of more than $400.00 or any building of a value of more than $500.00 is to be torn down, demolished or removed either in whole or in part, the owner of the building or proposed building shall obtain a permit from the Building Inspector and his application for same shall give such full and complete information as to the work as may be required by the Building Inspector. A permit shall be required for a new building in excess of 100 square feet (9.2 square meters). (1) At the time of such application, the applicant shall pay to the{j IAI-44-_� s�pee-tgq�the following sums: For work costing Oned Thousand Dollars $1,000) or part thereof, the sum of $25.00 and an additional $3.00 for each additional One Thousand Dollars ($1,000) or part thereof. (2) Where the application is for the demolition or removal of a building, the cost of the permit shall be $25.00. This by-law / ffec v on date of passi MOVED BY/ CONDED B —0A'�u That by -la - r a a first time. d and carrieq CARRIED \\ MOVED B aECONDED BY % ' �irL The by law-9 20 be ead a second time. Read nd carrie CARRIED �E MOVED BY SECONDED B DATE" /'/-cam/�1 The by-law - 0 be read a third time.ja i q dispen with, finally passed. CARRIED eV�o • L-] THE CORPORATION OR THt VILLAGE OF PORT BURMELL BY -LAN NUMBER 90-21 Being a By-law authorizing The Corporation of the Village of Port Burwell to dispose of the assets of the Port Burwell Public Utilities Commission Hydro System to Ontario Hydro MHURAS under the provisions of the Power Corporation Act, R.S.O., 1980, Chapter 384, Section 36, Ontario Hydro may acquire from a municipal corporation or commission by purchase, lease or otherwise any works or other property real or personal that Ontario Hydro considers advisable, and such municipal corporation or commission may sell or otherwise dispose of such works or other property to Ontario Hydro without the assent of the electors or the approval of the Ontario Municipal Board. AND WHEREAS The Corporation of the Village of Port Burwell and the Port Burwell Public Utilities Commission Hydro System desire to transfer all the assets and liabilities of the Blectrical System in said Corporation to Ontario Hydro. NOW THEREFORE The Corporation of the Village of Port Burwell enacts as follows: (1) For the purposes of this by-law, "CorRaration" shall mean The Corporation of the Village of Port Burwell, and "JvateM" shall mean the Port Burwell Public Utilities Commission Hydro System. (2) The Corporation is hereby authorized to transfer all the assets and liabilities of the System to Ontario Hydro effective the lot day of September, 1990. (3) All assets and liabilities under the control of the System are, without compensation, assets and liabilities of Ontario Hydro effective the 1st day of September, 1990. (4) All users of hydro in The Corporation shall be required to pay Ontario Hydro rural rates in effect on the date of transfer. (5) The Reeve and Clerk of The Corporation are hereby authorized to make, execute and deliver such further and other documents, assurances and other instruments and to do such further and other acts and deeds which may be reasonably required or necessary to give full effect to this by-law. l it a • (6) This by-law shall come final passing thereof, Hydro being obtained. -2- Into full force and effect on the subiect to the consent of the Ontario MOVED SECONDED BY �--DATZ'_L That By-law -21 be read a first time. Read and carried.<yyV, y�al CARRIED , MOVED B BECOODRD BY DATE That By_1 -2 be read a second tf REad and carried:��� ee � CARRIED y j� MOVED BY iE?��s_Q�o. SECONDED me.17 DATE That By-law 90-21 be read a third t . a ing dispensed wit , finally ppassed. 40 CARRIED Reeve El 4 TUB CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 90-22 WHEREAS the Councils of all Municipalities are permitted to pass by-laws under the provisions of Subsections 118 and 119 of Section 354 of the Municipal Act. R.S.O. 1970, Chapter 284 and amendments thereto to regulate and govern the ringing of bells, the blowing of horns, shouting and unusual noises likely to disturb the inhabitants, and to regulate and govern the use of public address systems when used on highways, public lands or lands adjacent thereto or when omitting sounds thereto. AND WHEREAS it is deemed expedient and desirable to regulate or prohibit unusual noise or noises likely to disturb the Inhabitants of the Village of Port Burwell. THEREFORE, the Council of the Village of Port Burwell enacts as follows: 1. That no person shall ring any bell, blow or sound any horn or cause the same to be rung, blown, or sounded, shout or create, cause or permit any unusual noises, or noises likely to disturb the inhabitants. 2. That, for the purpose of and not so as to limit the generality of Section 1, the following noises or sounds shall be deemed to be unusual noises, or noises calculated to disturb the inhabitants, namely: (a) The sounding of any bell, horn, siren or other signal device on any motor vehicle, motorcycle, bicycle, or other vehicle of whatsoever kind except when required by by-law; (b) The sounding of any such bell, horn, siren, or signal device for an unnecessary or unreasonable period of time; (c) The sound or noise from or created by any radio or phonograph, public address system, sound equipment, loudspeaker, or similar device or devices, of any musical or sound producing instrument of whatever kind, when such device or instrument is played or operated in such a manner or with such volume as to annoy or disturb the peace, quiet, comfort or repose of any individual in any dwelling house, apartment house, hotel or any other type of residence. (d) Any sound made by any animal or bird which disturbs the pease, quiet, comfort or repose of any individual in any 14 dwelling house, apartment house, hotel or any other type of residence. 1 (e) The grating, grinding or rattling noises or sound caused by condition of disrepair or maladjustment of any motor vehicle, motorcycle, or other vehicle whatsoever or part or accessory thereof. (f) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motorcycle, except through a muffler or other device which effectively prevents loud or explosive noises. (g) The noise or sound created by the use or operation of any drum, horn, bell, radio or mechanical loudspeaker, or other instrument or device or sound -producing, or sound transmitting instrument or apparatus for the purpose of advertising or for attracting attention to any performance, show or sale or display of goods, wares merchandise or which projects noise or sound into any street or other public place. (h) The noise or sound created by the use or operation of any radio or mechanical loudspeaker or amplifier or other Instrument or device or sound -producing, sound -reproducing, or sound transmitting instrument or apparatus in or upon any vehicle except for such time and under such conditions as the By-law Enforcement Officer may prescribe. 3. That none of the provisions of this by-law shall apply to the following namely: (a) The use in a reasonable manner of any apparatus or mechanism for the amplification of the human voice or of music in a public park or any other commodious space in connection with any public election meeting, public celebration or other lawful gathering, provided written permission of the By-law Enforcement Officer has first been obtained. (b) Any military or other band or any parade operating under written permission first obtained from the By-law Enforcement Officer. (c) Any vehicle of the police or fire department or any ambulance or any public service or emergency vehicle while answering a call. (d) Any sound from any private radio in a motor vehicle, installed for the sole benefit or entertainment of the operator and occupants of such vehicle, when same is not • audible at a distance of twenty-five feet from such vehicle. (e) Any case of public convenience or necessity. 1 3- (f) Normal activities of industry in any industrial zone as defined in the Village of Port Burwell zoning by-law. 4. (a) Any person convicted of a breach of any of the provisions of this by-law shall forfeit and pay, at the discretion of the convicting court, a penalty not exceeding (exclusive of costs) the sun of 02,000.00 for each offence, and every such penalty shall be recoverable under The Summary Convictions Act, all of the provisions of which shall apply, except that the imprisonment may be for any term not exceeding six months. (b) The court, wherein the information is first laid, and any court of competent jurisdiction thereafter, may issue an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted. 5. This By-law shall come into force and effect on the date of the final passing hereof. MOVED BY SECONDED BY DAT That By-law 90-22 be read a first tim d and carried. CARRIED ?LOVED BY CONDED BY DATE That By_IZw--4d-22/be read a second time. Read and carried. CARRIED MOVED * That By finally CARRIED is SECONDED BYDATE law - 2 be read a third time. Reading dispensed with, ' Clerk - Treasurer 0 • i't THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 90-23 Being a by-law to adopt a new Official Plan for the Village of Port Burwell The Council of the Corporation of the Village of Port Burwe!I, under Sectien 17 of the Planning Act, 1983, hereby ENACTS AS FOLLOWS; 1. That by-law No. 89-04 being a by-law to adopt the Village of Port Burwell Official Plan, 1988 be repealed. 2. That the portion of the East Elgin Official Plan relating to the present Village of Port Burwell and adopted by Council by the enactment of Resolution No. 3 passed on the 9th day of July, 1985, and all amendments thereto be repealed. 3. The Official Plan for the Village of Port Burwell, consisting of the attached schedules "A", "B" and "C" and explanatory text, is hereby adopted. 4. That the Clerk -Treasurer is hereby authorized and directed to make application to the Minister of Municipal Affairs for approval of the Official Plan for the Village of Port Burwell. 5. This by-law shall come into force and take effect on the day of the final passing thereof. MOVEBY �_C SECONDEDBY DATE /�'G'Y !V That by-jqV 0-23 bg read a first time. Read and carried. CARR I ED REEVE MOVED SECONDED BY A I That by-law 9 2 be reaa a second time Rea and carried. CARRIED REEVE MOVED BY ECONDED "--$ATE 61/ That by-law 90-23 be read a third time. Aq ding dispensed with, finally passed. CARRIED k REEVE Iaao IM o.t.-Ts BY-LAW No. / ) ,Z1 11W to authorize the borrowing of t Whereas the Council of the (hereinafter called the "Municipality") deems it necessary to borrow the sum of $ q0I 000 to meet, until the taxes are collected, the current expenditures of the Municipality for the year; to the `he estit,Betelmate And Whereas the total amount of the estimated revenues of the for the current Munici alit as set forth in the estimates ado ted for the ear 19 is year if adopted; P Y P Y Q r if not. to those of last Year. / O /'y�.,.�/) (Delete this /V And UWhVe/ree/a/s the total of amounts heretofore borrowed for the purposes paragraph if not applicable.) mentioned in subsection (1) of Section 332 of The Municipal Act which have not been repaid is $ I / QQ Therefore the Council of the V r (loge of hereby enacts as follows: I. The Head and the Treasurer are hereby authorized on behalf of the Municipality to borrow from time to time by way of promissory note from CANADIAN IMPERIAL BANK OF COMMERCE a sum or sums not exceeding in the aggregate i 90 , O7r-r) to meet until the taxes are collected the current expenditures of the Municipality for the year, including the amounts required for the purposes mentioned in subsection (1) of Section 332 of the Municipal Act, and to give on behalf of the Municipality to the Bank a promissory note or notes sealed with the Corporate Seal and signed by the Head and Treasurer for the moneys so borrowed, with interest at such rate as may be agreed upon from time to time with the Bank. 2. All sums borrowed pursuant to the authority of this by-law, as well as all other sums • borrowed in this year and in previous years from the said Bank for any or all of the purposes mentioned in the said Section 332, shall, with interest thereon, be a charge upon the whole of the revenues of the Municipality for the current year and for all preceding years as and when such revenues are received. 3. The Treasurer is hereby authorized and directed to apply in payment of all sums borrowed as aforesaid, together with interest thereon, all of the moneys hereafter collected or received either on account or realized in respect of taxes levied for the current year and preceding years or from any other source which may lawfully be applied for such purpose..? Passed this (� ! day of / �/ vv�m "' pv 19 %J)r THE HEAD OF THE MUNICIPALITY SEAL � % .............. ........ .. ............... .... ..........:..Y...................................... CLRRZ I hereby certify that the foregoing is a Ar-�_ ue copy_ of By-law No. of the V 1 I / C j e of tv111I r,vC in the Province of Ontario, duly paEtged at a meeting of the Council of the said Municipality duly held, and that the said By-law ,�is in full force and effect. Dated This � 7 day of ee 1, - ;1'7 K/ I� 19 qC As Witness the Seal of the v l 116 y e of 6� I_(_ &fr'4-Vt11 { EEwL } ........... ..................................................ci.sit Form i00 Out. -72 BY-LAW No. /� 02.V ,Zj jDZi=jjjb) to authorize the borrowing of t Whereas the Council of the • (hereinafter called the "Municipality") deems it necessary to borrow the sum of a 50/ 000 to meet, until the taxes are collected, the current expenditures of the Municipality for the year; Naa.—Refer And Whereas the total amount of the estimated revenues of the to the estimates f« the ,rent Municipality as set forth in the estimates adopted for the year 1974Q, is yyear If adopted: li not, to those of last Year. O / rr (Delete this And Whereas the total of amounts heretofore borrowed for the purposes .i`n°` mentioned in subsection (1) of Section 332 of The Municipal Act which have not been repaid is S I/ 9CrW-d1 Therefore the Council of the V 1 l loge of %� Hereby enactl'as follows: 1. The Head and the Treasurer are hereby authorized on behalf of the Municipality to borrow from time to time by way of promissory note from CANADIAN IMPERIAL BANK OF COMMERCE a sum or sums not exceeding in the aggregate S 90 , Ove to meet until the taxes are collected the current expenditures of the Municipality for the year, including the amounts required for the purposes mentioned in subsection (1) of Section 332 of the Municipal Act, and to give on behalf of the Municipality to the Bank a promissory note or notes sealed with the Corporate Seal and signed by the Head and Treasurer for the moneys so borrowed, with interest at such rate as may be agreed upon from time to time with the Bank. 2. All sums borrowed pursuant to the authority of this by-law, as well as all other sums • borrowed in this year and in previous years from the said Bank for any or all of the purposes mentioned in the said Section 332, shall, with interest thereon, be a charge upon the whole of the revenues of the Municipalityfor the current year and for all preceding years as and when such revenues are received. 3. The Treasurer is hereby authorized and directed to apply in payment of all sums borrowed as aforesaid, together with interest thereon, all of the moneys hereafter collected or received either on account or realized in respect of taxes levied for the current year and preceding years or from any other source which may lawfully be applied for such purpose. Passed this SEAL j (9--7 +kl /!/D 610-4-7 � eV day of THH HEAD OF THE MUNICIPALITY CLERK 19 / D I hereby certify that the foregoing is a ue copy of By-law No. of the V 1 l G f of A ✓ �` �Grf 6vCl/ in the Province of Ontario, duly passed at a meeting of the Council of the said Municipality duly held, and that the said By-law is /in full force and effect. q Dated This t�7 day of Ve!/-� ✓19 /d As Witness the Seal of the vi1/(1t-e of 6 r + � C"f r'�Ve // THE MUNICIPALITY OF VILLAGE OF PORT BUR\kELL Maned By Co( MeetingX.. 9 19 �0 eve be granted to introduce BY-" and that Bylaw presented herewith be read a find time. By-law read a Moved By That By-law now read a first time be read a � second time forthwith. Seconded -law read a -44 That By-law now read a second time be read a�third time with. j Seconded By W-- By. w read a • Moved By That By-law now read a third time do pass, be engrossed by the Clark, and signed and