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Home My WebLink AboutPort Burwell Council Minutes 1995 Village of Port Burwell Minutes Council Meeting ...- / 1 January 10, 1995 I 7:30 p.m., Trinity Parish Hall Present: Reeve Nesbitt, Councillor Allin, Councillor Hevenor, Councillor Mason and Councillor Loucks Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer Call Meeting to Order - 7:40 p.m. Declaration of Conflict of Interest 1. Adoption of Minutes of Regular Council Meeting dated December 13, 1994 RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the December 13, 1994 Regular Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated December 13, 1994 Reeve Nesbitt inquired if there had been a response from Cyril Demeyere & Associates Re: Vienna Sewage System. The Administrator/Clerk-Treasurer indicated no response had been received. Councillor Loucks inquired if there had been a response from Tree Tops of Erie considering the letter sent in December 1994. The Administrator/Clerk-Treasurer indicated no response had been received. Councillor Allin informed council that discussion with the Horticultural Society indicated that no further assistance could be 1 given to the association with regard to 1994 financial activities however the issue of fund raising may be pursued through the sale of Nevada Tickets. Councillor Hevenor requested an update on Christoph and Vince request for a food booth on the East Beach. The Administrator/Clerk-Treasurer indicated that more information was required from the proponents in order that council could make a decision. 3. Bylaw 95-04 Amend Bylaw 94-23 being a by-law to authorize participation in the Ontario Municipal Employees Retirement System (OMERS). RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-law 95-04, being a by-Law to amend by-law 94-23 authorizing participation in the Ontario Municipal Employees Retirement System (OMERS) in respect of employees. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time. By-Law Read a Third Time and Finally Passed. 4. Ministry of Transportation - Letter dated File #0490 - Draft response Letter D. Free Council Members directed the Administrator/Clerk-Treasurer to forward the letter to the Ministry of Transportation. 5. Committee Reports a) County Reeve Nesbitt has been appointed to the Elgin County Executive Committee and chaired his first meeting. 2 b) Museum Board Approval of Minutes of Board Meeting Dated December 6, 1994 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby received and adopts the Port Burwell Museum Board minutes of the meeting dated December 6, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business Arising from Minutes of Meeting Dated December 6, 1994 None. c) Fire Department Councillor Loucks requested on behalf of the Fire Chief that the members of the Volunteer Fire Department be permitted to personally retain the bunker suits. Consent was provided to the volunteers however, the municipality's name must be removed from the jackets. RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin Whereas members of the Port Burwell Volunteer Fire Department have requested to personally retain the old bunker suits used in the performance of their duties on behalf of the municipality, and; Whereas the bunkersuits can no longer by safely used for fire fighting purposes, and; Whereas the council has no further practical use of the said bunker suits, and; 3 Whereas council acknowledges the volunteer efforts and dedication of all members of the fire department and is desirous of acknowledging their appreciation. Be it resolved that the Council of the Village of Port Burwell hereby delegates the authority for the final distribution of the old bunker suits to the Fire Chief without cost to the individual members of the fire department. UNANIMOUSLY: Tom Nesbitt, Reeve Reeve Nesbitt has had further discussions with the Fire Chief with regard to the proposed Fire Restriction By-Law. A detailed review is being conducted by the Fire Chief and will provide his further advice in the matter. d) Roads The Administrator/Clerk-Treasurer is to direct the Works Department Employees to sand the sidewalks from Milton Street to Robinson Street. Reeve Nesbitt requested that municipal public works staff repair the sod in the spring as the result of snow plowing efforts along the Road Allowances throughout the village. e) Recreation Board The Administrator/Clerk-Treasurer identified that the Recreation Board must submit a budget at their earliest possible convenience. A large quantity of flower bulbs have been donated to the Village of Port Burwell. f) Community Policing No report. g) BTA A meeting will be held at Jim Hevenor's home on January 26, 1995 at 7:30pm with regards to the Otter Creek Canoe Challenge. 4 A"Clean-Up"meeting will be held at Craiger's Cove on January 18, 1995 at 7:30pm. Councillor Hevenor and Councillor Allin will be attending this meeting. The BTA would like to obtain a list of new residents from the Village Office in order to send welcome letters. The Administrator/Clerk-Treasurer is to provide a response in the matter considering legislation. A letter is to be prepared with regards to the new banking hours. 6. Correspondence a) Ontario Parks Association - 1995 Annual Seminar Received and Filed. b) ROMA- Rural Section Executive Committee -Annual Meeting Received and Filed. c) Canadian National Institute for the Blind - Request for Grant Tabled. d) Ministry of Municipal Affairs - Prohibit Minors From Performing in Licensed Establishments - Previously Tabled Received and Filed. e) City of London-Health and Safety in the Municipal Workplace Conference The Administrator/Clerk-Treasurer indicated that Public Works staff will be attending this conference. f) Association of Municipalities of Ontario -Vacancies on Board of Directors Received and Filed. g) Ministry of Natural Resources - Fishery Resources Received and Filed. 5 h) Caledon Looking for Environmental Alternatives Now - Proposed Resolution Received and Filed. i) City of Hamilton -Mayor Robert M. Morrow - International Great Lakes St. Lawrence Mayors' Conference Received and Filed. j) Ministry of Culture, Tourism and Recreation - Children's Recreation Services Correspondence is to be referred to the Recreation Board k) ParticipACTION - Summer Active '95 Correspondence is to be referred to the Recreation Board 1) Village of Port Stanley - Commercial Fishing Quotas for Perch RESOLUTION MOVED BY: Cindy Allin SECONDED BY: David Mason The Council of the Village of Port Burwell hereby supports the resolution and position of the village of Port Stanley in the matter of Commercial fishing Quotas for Perch and the requirement for further studies. UNANIMOUSLY: Tom Nesbitt, Reeve m) Ontario Good Roads Association - 1995 Annual Conference Received and Filed. n) Rallens Marketing - Fire Department - Officer Plates Refer to Fire Department. o) Health & Safety - Conference and Trade Show 6 Received and Filed. p) Office of the Opposition - Ln McLeod Received and Filed. q) Tobacco Control Act Received and Filed. r) Township of Bayham - Proposed Zoning By-Law Amendment Received and Filed. s) Town of Tillsonburg - Port Burwell Resolution Received and Filed. t) Municipal Finance Officers Association Submission by MFOA on Fee for Supplementary Assessment Received and Filed. u) Ministry of Municipal Affairs - Planning Reform Education Councillor Allin and the Administrator/Clerk-Treasurer will be attending the seminar in Simcoe. v) Municipal of Municipal Affairs - 1995 Annual Repayment Limit Received & Filed. 7. Bylaw 95-01 Interim Levy Bylaw RESOLUTION MOVED BY: David Mason SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-01, being a by-law to authorize a levy prior to the adoption of 7 the annual estimates. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time. By-Law Read a Third Time and Finally Passed. 8. Canadian Coast Guard - Port Burwell Harbour File # 0793 - Letter dated December 12, 1994 - Memo D. Free previously circulated - Letter OME Insurance File #0819 - Bylaw 95-02 RESOLUTION MOVED BY: David Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-02, being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a Tri-Party Memorandum of Understanding with the Canadian Coast Guard and the Small Craft Harbours Branch of the Department of Fisheries and Oceans for the provision of navigation service at the entrance to Port Burwell Harbour. UNANIMOUSLY: Tom Nesbitt, Reeve Tabled. 9. Bylaw 95-03 Bylaw to Amend Bylaw 91-03 (Planning Fees) - previously described as bylaw 94-55 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: David Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-03, being a by-law prescribing a tariff of fees for the processing of applications made in respect of planning matters. 8 UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time. By-Law Read a Third Time and Finally Passed. 10. By-Law 94-40 Cash in Lieu of Parkland - By-Law Previously Introduced and Tabled By-Law Read a First and Second Time. By-Law Read a Third Time and Finally Passed. 11. 1995 Annual Estimates - Memo D. Free - File #0662 A Business Planning Meeting is to be scheduled for February 11, 1995, at the Kettle Creek Inn in Port Stanley. 12. 5 Year Capital Program - Memo D. Free - File #1036 Received and Filed. 13. Report of Council Expenses as required by Municipal Act RSO 1990, c. M. 45 s 247 - Memo D. Free Received and Filed. 14. Ministry of Municipal Affairs - Letter dated December 21, 1994 File #0485 - Ontario Planning Development Act - Planning Act - Local Government Disclosure of Interest Act Received and Filed. 15. The Ruffed Grouse Society of Canada RESOLUTION MOVED BY: Gord Loucks SECONDED BY: Cindy Allin The Council of the Village of Port Burwell hereby approves the application from the Ruffed Grouse Society of Canada for the sale of Nevada Tickets in the Municipality per the letter and details provided. 9 UNANIMOUSLY: Tom Nesbitt 16. Municipal STP Financial - Memo D. Free File #0679 - Previously Circulated Received and Filed. 17. Long Point Region Conservation Authority - Big Otter Marina Campground File #0784 - Letter dated December 5, 1994 Received and Filed. 18. Review of Financial Reporting (Year End reporting unaudited) - Memo D. Free - information to be circulated Monday January 11, 1995 Received and Filed. 19. Review of Accounts Payable RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: David Mason BE IT RESOLVED, the Council of the Village of Port Burwell approves the accounts payable as amended in the amount of$21,992.53, the cheques attached in the amount of$16,145.58 and payroll in the amount of$13,810.90. UNANIMOUSLY: Tom Nesbitt, Reeve 20. Old Business a) Councillor Allin Concerns for Privy 37 Milton Street December 5, 1994 Special Council Meeting - Bylaw 84-11 Enforced Connection Bylaw Tabled. b) Boat Storage Along Otter Creek Tabled. 10 21. New Business RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to write-off the outstanding 1993 Business Taxes for Sarah Helen Bradfield in the amount of$15.73, as taxes were levied on a business that is no longer in operation. UNANIMOUSLY: Tom Nesbitt, Reeve MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-05, being a By-Law to appoint Redfern, More & Company as the Municipal Auditors. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time. By-Law Read a Third Time and Finally Passed. MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-06, being a by-law to formally establish a Petty Cash Fund. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time. By-Law Read a Third Time and Finally Passed. 11 MOVED BY: Jim Hevenor SECONDED BY: David Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-07, being a by-law to provide a policy for the purchase of goods and services. UNANIMOUSLY: Tom Nesbitt, Reeve 22. Committee of the Whole None. 23. Motion to Adjourn MOVED BY: Cindy Allin 12 Approved: January 24, 1995 Ar omas Nesbitt Reeve �. Davi. . ree Ad -nistrator/Clerk-Treasurer 12 Village of Port Burwell Minutes Special Council Meeting January 17, 1995 7:30 p.m. Municipal Offices Present: Reeve Nesbitt, Councillor Allan, Councillor Hevenor, Councillor Mason and Councillor Loucks Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer Call Meeting to Order Declaration of Conflict of Interest 1. 1995 Budget Opening Remarks - T. Nesbitt Reeve Nesbitt directed council to review each expenditure considering the tax impact of the ratepayer of Port Burwell. This budget will be very complex as the municipality continues its community clean up including procuring new business opportunities for the community. 2. 1995 Budget Opening Remarks - D. Free The Administrator/Clerk-Treasurer identified that a preliminary budget had been prepared in October 1994 with the hope that the process could be complete no later than February 28, 1995 in order that the programs requested by council through the budget could be implemented. The municipal budget should be develop on a local strategy independent of School Boards and the County. Considering the disparity between the Board and County the effect of savings by the municipal operation to offset these agencies fiscal plan would be indiscernible. A five year capital program has been developed by staff however required input in order to fulfill a strategic plan for the community. Preliminary information was provided in 1993 however, council did not respond or enact. A business planning meeting would be the opportunity to detail this financial plan. 1 Financial Analysis has been provided in the past and can be accessed in order to gain an appreciation of how the municipality has been treated. The Mill rate increase from 1993 to 1994 was 0% while Upper Tier levies amounted to an aggregate tax increase of approximately 12%. The Preliminary Budget Increase for Municipal Purposes which has been developed includes for a 6.56% increase notwithstanding any significant changes in municipal structure which may be proposed. 3. 1995 Budget Review a) Museum Board Concerns and changes noted. b) General Government Concerns and changes noted. c) Other Protection to Persons & Property Concerns and changes noted. 4. Old Business Ministry of Transportation Final Claim - Supplementary & General - Resolution RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the "Petition for Subsidy" and the "Municipal Road Expenditure Report" for 1994 and authorizes the Administrator/Clerk-Treasurer to submit the completed petition and report to the Ministry of Transportation. UNANIMOUSLY: Tom Nesbitt Reeve 2 6. New Business RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: David Mason WHEREAS the Village of Port Burwell has severe discrepancies with and concerns for the services provided by the auditors Raven & Company to the municipality, and; WHEREAS the Corporation of the Village of Port Burwell supports and the Port Burwell Non Profit Housing Corporation as a municipal non profit housing project through executive and staff participation, and; WHEREAS previous municipal councils has encourage the use of the Raven & Company with the anticipation of fairness in pricing and representation in audit matters, and; WHEREAS the Village of Port Burwell has become aware of the unjust claim and treatment of the Port Burwell Non Profit Housing Corporation by Raven & Company. BE IT RESOLVED, the Council of the Village of Port Burwell hereby consents to provide financial assistance in the amount not to exceed$3,000 to the Port Burwell Non Profit Housing Corporation with respect to legal fees in the defense of the claim by Raven & Company and counter claim against Raven& Company and directs staff to provide additional administrative support in these proceedings. UNANIMOUSLY: Tom Nesbitt 7. Motion for Adjournment MOVED BY: Cindy Allin 3 Approved.: January 24, 1995 ,.._. 6,› , „4.01 Tho as Nesbitt Reeve i / ) 40" David . Pike Adminis tator/Clerk.-Treasurer 4 Village of Port Burwell Minutes Council Meeting January 24, 1995 7:30 p.m., Municipal Offices Present: Reeve Nesbitt, Councillor ARM, Councillor Hevenor, Councillor Mason and Councillor Loucks Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Mario Chirico, Dennis Brolese, Tony Lama and from the Tillsonburg District Memorial Hospital Sharon Watkins - Chairman of the Board,Jim Spencer- President, Dr. Richard Dalby - Chief of Medical Staff and Cyril Demeyere - Board Member and Brad Medel - Tillsonburg News Call Meeting to Order Declaration of Conflict of Interest Gordon Loucks declared a conflict of interest on agenda Item# 17 1. Adoption of Minutes of Regular Council Meeting dated January 10, 1995 RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the January 10, 1995 Regular Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated January 10, 1995 Reeve Nesbitt inquired with respect to the Welcome Wagons request for information from the municipal offices and the Freedom of Information requirements. The Administrator/Clerk-Treasurer identified that staff could not give out the information unless expressly permitted by the individuals. The change notices and customer information forms are to be revised obtain consent to be given to the Welcome Wagon organization. 1 3. Adoption of Minutes of Special Council Meeting dated January 17, 1995 RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the January 17, 1995 Special Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 4. Business arising from Minutes of Special Meeting dated January 17, 1995 None 5. By-Law 94-50, a by-law to repeal Bylaw 93-12 By-law Read a Third Time and Finally Passed. 6. By-Law 94-51, a by-law repeal By-Law 93-13 By-law Read a Third Time and Finally Passed. 7. 1995 Insurance Proposal RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby consents to accept the proposal in the amount of$ 14,250.14 for insurance for 1995 as submitted by OME considering a$ 2,500.00 deductible. UNANIMOUSLY: Tom Nesbitt, Reeve 8. Letter Pembina December 21, 1994 A meeting is to be organized with Pembina and Bayham Township in order to address the requirements of Pembina including DFO 2 considering the dredging issues. 9. Canadian Coast Guard - Port Burwell Harbour File # 0793 Bylaw 94-29 Read a Third Time and NOT PASSED. Bylaw 95-02 Read a First, Second and Third Time and Finally Passed. 10. Delegations a) Cyril Demeyere - Tillsonburg District Memorial Hospital - Hospital Services Oxford County/East Elgin A delegation from the Tillsonburg and District Memorial Hospital represented by Cyril Demeyere was made concerning a study by the Oxford County Health with respect to rationalizing services with the potential for amalgamation of certain services of three hospital within the County, Tillsonburg, Woodstock and Ingersoll. The delegation indicated that it was their belief that local health services would likely suffer. All councilors expressed their concerns for future services to Port Burwell. Reeve Nesbitt indicated that a unique and separate resolution will be prepared for the next regular council meeting by the municipality to be sent to various local and provincial agencies inclusive of politicians expressing the concerns of the residents of Port Burwell. b) Bertha Breen - Letter dated January 9, 1995 Mrs Breen did not attend the meeting. c) Clearinpar - Elizabeth Street Subdivision Dennis Brolese representing Clearinpar made a delegation to council with respect to relief of property standard penalties and future costs with respect to the development of the subdivision on Elizabeth Street currently known as the Tree Tops of Erie. Mr. Brolese had indicated that Clearinpar would have the planning and engineering processes complete up to Registration of the Subdivision including the final formulation of the Subdivision Agreement. 3 Council requested that Mr. Brolese make a formal submission to the municipal offices with respect to both issues for councils consideration. d) Tony Lama - Letter dated January 17, 1995 Mr. Lama made a delegation to council with respect to relief of a bill for water meters charges for 3 units within the Grace Court Development. The basis for the request was an informal agreement with the council of the day which was not documented in the development agreement between Mr. Lama and the municipality. Council directed the Administrator/Clerk-Treasurer to provide how this request would be permanently accomplished considering past legal agreements and bylaws. e) Mario Chirico - East Beach Portables Mr. Chirico approached council with respect to the 3 buildings located on Hagerman Street and the requirements to complete the project. Council identified that a formal proposal must be made by Mr. Chirico to be considered. The buildings are located at the site on the basis of a Temporary Use bylaw 92-17 which terminates August 25, 1995. Mr. Chirico identified that he would reluctantly provide the changes and additional information to the municipal offices prior to the February 14, 1995 council meeting. 11. Committee Reports a) County No Report. b) Museum Board Fund raising dinner for June 1995 is going very well and can be expected to sell all printed tickets. c) Fire Department No report. 4 d) Roads No report. e) Recreation Board Recreation Board Meeting Schedules for January 25, 1995 primarily for budget deliberations. f) Community Policing No Report. g) BTA There was January 18, 1995 meeting which property owners along the west side of Robinson addressed the issue of property clean up with respect to the details of the CAUSE report. The property owners would be coordinating amongst themselves their plan of action for the property clean up. 12. Correspondence a) Port Burwell Library - Appreciation Evening - January 26, 7:OOpm Received and Filed b) Hdyromantis Inc., Wastewater Treatment Plant Modelling & Simulation Received and Filed c) Siskind, Cromarty, Ivey & Dowler - Withdrawal of Partnership - Barry Card Council directed the Administrator/Clerk-Treasurer to engage the services of Michael Peterson since he has left the practice of Siskind, Cromarty. 5 d) MMA- Ontario's New Planning System Councilor Allin and the Administrator/Clerk-Treasurer are scheduled to attend the meeting in Simcoe February 14, 1995. e) Parks and Recreation Federation of Ontario - Catalogues & 1995 OMRA Conference Received and Filed. f) Ministry of Education and Training - April 1995 - Safe Schools Month Received and Filed. g) DataFile - Records Management Received and Filed. h) Ministry of Citizenship - Volunteer Awards Program Received and Filed. i) Bill 192 - Amend Highway Traffic Act Respecting Firefighters Received and Filed. j) St. Thomas Elgin Tourist Association - Event Information Received and Filed. k) Southwestern Ontario Travel Association - Detroit News Show Received and Filed. 1) Celebrate Orillia - Ontario Small Urban Municipalities 42nd Conference Received and Filed. 6 m) ROMA Insurance Program Inc. - New Election Process Received and Filed. n) Town of Tillsonburg - Rails to Trails Public Meeting - Draft Minutes Received and Filed. o) CMHC - Helping to House Canadians Received and Filed. 13. By-Law 95-07, being a by-law to provide a policy for the purchase of goods and services. Tabled 14. Appointment of East Elgin Representative Long Point Region Conservation Authority RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the reappointment of Jack Petrie as the Long Point Region Conservation Authority representative of Port Burwell, Vienna and Bayham. UNANIMOUSLY: Tom Nesbitt, Reeve 15. jobsOntario - Use of Abandoned Railways - Oral Report J. Hevenor Tabled 16. Township of Bayham - Transfer Station A letter is to be sent by the Administrator/Clerk-Treasurer consenting to the suggested fees however expressing councils concern for the administration and collection of the user fees must be specifically and adequately addressed. 7 17. Review of Accounts Payable RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell approves the accounts payable as amended in the amount of $115,724.37 and the cheques attached in the amount of$58,676.55. UNANIMOUSLY: Tom Nesbitt, Reeve 18. Old Business None 19. New Business RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Fire Chief to submit to the Administrator/Clerk-Treasurer on a quarterly basis the information with respect to earned honorariums to all Volunteer Firefighters, Deputy Fire Chief and the Fire Chief commensurate to By-Law 90-05. The summary of earned honorariums to be submitted each year on or about the dates as follows; March 6 June 5 September 4 December 4 UNANIMOUSLY: Tom Nesbitt, Reeve 20. Committee of the Whole None. 8 21. Motion to Adjourn MOVED BY: Gordon Loucks Approved: February 14, 1995 " Li77K Thom)4s--NeSDitt Reece Davie . ree A, inistrator/Clerk-Treasurer 9 Village of Port Burwell Minutes Special Council Meeting January 31, 1995 7:30 p.m. Municipal Offices Present: Reeve Nesbitt, Councillor Allin, Councillor Hevenor, Councillor Mason and Councillor Loucks Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer Call Meeting to Order Declaration of Conflict of Interest 1. 1995 Budget Review- Expenditures a) Fire Protection There has been no submission from the Fire Department despite numerous requests, therefore deliberations on this matter must be postponed. Councilor Loucks to ensure budget is submitted immediately. b) Planning & Development There were no changes in the Planning and Development budget per the submission as prepared by staff. c) Garbage Collection There is to be no change to the Garbage Collection budget per the submission as prepared by staff. Albeit, user charges are currently a very serious consideration however, the details cannot be configured into the budget until a final strategy has been developed. 1 e) Transportation Services The Transportation Services budget remained unchanged excepting an increase for material providing for more dust control. 2. MOE/OCWA Financial Adjustments RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: David Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby resolves to assimilate credits from the Ontario Clean Water Agency for prior years to 1995, in the matters of the Port Burwell Public Utilities into General Government considering prior years inequities of costs to the various aspects of the municipal operations. UNANIMOUSLY: Tom Nesbitt, Reeve 3. Elgin Board of Education Busing Revised Policy RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin Whereas the Council of the Village of Port Burwell is in receipt of a petition of concern from parents of the Port Burwell Public school with respect to the reduction of school busing services for the community, and; Whereas the Village of Port Burwell has geography which is divided by the Big Otter Creek the outlet which of a watershed which is over 710 sq kms, and; Whereas, the location of the Port Burwell Public school is not central within the community creating difficult walking distances for the children located on the west side of the Otter Creek, and; Whereas the petition identifies valid concerns including traffic and the natural hazards of our community (Otter Creek, County Road 42 Bridge) would be jeopardize the safety of the children if the school bus services to the "West Side" of 2 jeopardize the safety of the children if the school bus services to the "West Side" of Port Burwell were discontinued, and: The Council further submits that no amount of savings generated by the changes in operations can justify a compromise for the safety of our children. The Council of the Village of Port Burwell hereby requests that the school busing policy for our community be unchanged from its current format in order to retain a safe journey to the school for the children and convenience for parents who are unable to drive their children to school considering work time tables. UNANIMOUSLY: Tom Nesbitt, Reeve 4. Committee of the Whole None. 5. Old Business a. By-Law 95-07, being a by-law to provide a policy for the purchase of goods and services. Tabled. b. Township of Bayham - Transfer Station A letter is to be prepared by the Administrator/Clerk-Treasurer and sent to the Township of Bayham. 6. New Business RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor Whereas the Village of Port Burwell is a remote municipality located along the shoreline of Lake Erie with access by water, County Road 42 and Kings Highway 19, and; 3 J Whereas the community's emergency and continuous health care needs arise from its aging population, farming activities and the recreational activities derived from our tourism industry, and; Whereas because of tourism the population of our community fluctuates to approximately 4 times it normal size during the spring, summer and fall seasons, and; Whereas because of the its geography Village residents use the Tillsonburg District Memorial Hospital facilities which is approximately 30 kilometers distance from our community for emergency health care, and; Whereas it has been brought to the attention of the Council of the Village of Port Burwell there is a Planning Study reviewing hospital services with the goal of amalgamating or reorganizing services and explore the feasibility of restructuring local health care and centralizing services for the Oxford County area, and; Whereas the premise of this strategy will further alienate our communities the needs, access and the understanding of local health care requirements for Port Burwell considering its geography, demographics and seasonal population fluctuations. Therefore be it resolved that the Council of the Village of Port Burwell inform the Oxford Hospital Planning Consultants (Carolyn Sherk Consultants Ltd.), Thames Valley District Health Council, Ministry of Health and local MLA that; The Council of the Village of Port Burwell is hereby opposed to the restructuring process without direct input and consideration of our community and other communities in the outlying area from the Tillsonburg Memorial Hospital. It is requested that the concerns of outlying areas be given special consideration with respect to the level and quality of service with respect to any financial benefit possibly derived from any alteration from the current of level health service provisions of the hospital. The Council is also concerned for the mandated consolidation of administration and control and challenges the effectiveness and efficiency of this measure considering the primary mandate of health care service is to provide accessible services based upon the local needs of its clients. The Council further recommends that consideration be given to a satellite operations either through ambulance services or out patient services within the municipality in order to service the lower to middle East Elgin area. 4 UNANIMOUSLY: Tom Nesbitt, Reeve 7. Motion for Adjournment MOVED BY: Jim Hevenor Approved: February 14, 1995 iffiZt f I Tbonlas Ne .itt Reeve David R ree Admi•istrator/Clerk.-Treasurer 5 CP Village of Port Burwell Minutes Council Meeting February 14, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Allin, Councillor Hevenor, Councillor Mason and Councillor Loucks Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Jack and Norma Vince, Carolyn Deutsch, Holly McNaughton and Lloyd Deering Call Meeting to Order Declaration of Conflict of Interest 1. Adoption of Minutes of Regular Council Meeting dated January 24, 1995 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: David Mason BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the January 24, 1995 Regular Council Meeting as amended. UNANIMOUSLY: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated January 24, 1995 Reeve Nesbitt directed that a meeting must be established with Bayham Township regarding Pembina Industrial development. 3. Adoption of Minutes of Special Council Meeting dated January 31, 1995 RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin 1 BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the January 31, 1995 Special Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 4. Business arising from Minutes of special meeting dated January 31, 1995 None 5. Delegations Jack & Norma Vince - East Beach Concession Booth Mr. & Mrs. Vince have consented to the general terms of the agreement as presented. A formal one year agreement is to be drafted by the Administrator/Clerk-Treasurer stipulating license fees in the amount $1,500.00 starting April 30, 1995 to approximately September 30, 1995. 6. Correspondence a) Environment Canada - Lakewide Management Plan Refer to Lower Big Otter Remedial Action Plan. b) Municipal Freedom of Information & Privacy - Workshop The Administrator/Clerk-Treasurer will attend February 17, 1995 in Chatham. c) Ministry of Housing - Risk Management Seminar Received and Filed. d) Southwestern Ontario Travel Association - Seminar Received and Filed. e) 1994 Ontario Waste Minimization Awards - Nominations Received and Filed. 2 f) Public Sector Labour Market and Productivity Commission Received and Filed. g) Pitch-In Canada - Waste Management in Action Refer to Recreation Board. h) ECO Pest - Purple Loosestrife Received and Filed. i) County of Elgin - Report to WCB on Cardiovascular Disease and Cancer Among Firefighters Received and Filed. j) Ontario Parks Association - Exploration '95 Trade Show Councilor Hevenor and Ed Roloson to attend March 8, 1995. k) Bradcranex - Scientific Buoy (Port Burwell Marine Museum) A letter of appreciation is to be sent to Mr. Bradfield. 1) National Quality Institute - Canada Award for Excellence Received and Filed. m) Environmental Youth Corps - Project Proposal Guidelines Information Available for Review Within Office Councilor Hevenor is to investigate cooperation with LPRCA. n) LPRCA- Annual Meeting Councilor Hevenor is to attend on behalf of Council. 3 o) Peter North, MPP - Tillsonburg & Oxford Hospital Planning Study Received and Filed. p) Elgin Municipal Association - Annual Meeting All of Council is to attend. q) County of Elgin -Joint Health & Safety Committee Received and Filed. r) Siskind, Cromarty, Ivey & Dowler - Barry Card Received and Filed. s) Minister of Canadian Heritage - 30th Anniversary of National Flag Information Available for Review Within Office Received and Filed. t) Provincial Municipal Government Liability Symposium - Seminar Received and Filed. u) LPRCA-Jack Petrie 1994 Total Pay Received and Filed. v) Ministry of Municipal Affairs - "Promoting Thriving Communities" The Administrator/Clerk-Treasurer to attend April 6, 1995. 7. Committee Reports a) County 1995 Budget deliberation have commenced for completion in mid March. 4 b) Museum Board Approval of Minutes of Board Meeting Dated January 3, 1995 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Museum Board minutes of the meeting dated January 3, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business Arising from Minutes of Meeting Dated January 3, 1995 None c) Fire Department No Report d) Roads Approval of Minutes of Committee Meeting Dated December 6, 1994 RESOLUTION MOVED BY: David Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Roads Committee minutes of the meeting dated December 6, 1994. UNANIMOUSLY: Tom Nesbitt, Reeve 5 Business Arising from Minutes of Committee Meeting Dated December 6, 1994 Approval of Minutes of Committee Meeting Dated January 11, 1995 RE SOLUTION MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Roads Committee minutes of the meeting dated January 11, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business Arising from Minutes of Committee Meeting Dated January 11, 1995 e) Recreation Board Approval of Minutes of Board Meeting Dated November 29, 1994 RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Recreation Board minutes of the meeting dated November 29, 1994. UNANIMOUSLY: Tom Nesbitt, Reeve Business Arising from Minutes of Meeting Dated November 29, 1994 A request to council by Councilor Allin to permit the Roads Engineer to participate in the Tour. Reeve Nesbitt suggested that the Committee conduct their tour and subsequently meet with the Roads Engineer to ask questions with respect to the study. 6 f) Community Policing No report. g) BTA Advertisements are now being sold for the Annual Tabloid. Post Cards with a picture of the lighthouse drawn by Dave Mason are being printed in order to distribute them to local merchants. The BTA will be donating $300.00 to the Canoe Race. There will be a meeting concerning the Canoe Race on February 23, 1995 -volunteers are welcome. BTA Members enquired as to the Village insurance covering the races and requesting that the Fire Department patrol the day of the race. 8. Mario Chirico (File #573) - Memo Dated February 9, 1995 D. Free Council direct the Administrator/Clerk-Treasurer to inform Mr. Chirico that the terms of the Municipal bylaws are clear and he must comply. 9. Dennis Brolese - Elizabeth Street Subdivision Council direct the Administrator/Clerk-Treasurer to inform Mr. Brolese that the terms of the Municipal bylaws are clear and he must comply. 10. A. Lama - Subdivision (File #800) No resolution was provided in support of Mr. Lamas request and a letter is to be sent to Mr. Lama explaining the premise of the municipal bylaw and he must comply. 11. By-Law 95-08 - Appoint a Weed Inspector RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-08, being a by-law to appoint a Weed Inspector. UNANIMOUSLY: Tom Nesbitt, Reeve 7 By-Law 95-08 Read a First, Second and Third Time and Finally Passed. 12. By-Law 95-07 - Purchasing By-Law- Previously Circulated By-Law 95-07 Read a First, Second and Third Time and Finally Passed. 13. Review of Financial Reporting Received & Filed 14. Review of Accounts Payable RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: David Mason BE IT RESOLVED, the Council of the Village of Port Burwell approves the financial reporting and the accounts payable as amended in the amount of $83,485.39, payroll in the amount of$11,773.82 and the cheques attached in the amount of$1,639.46. UNANIMOUSLY: Tom Nesbitt, Reeve RESOLUTION MOVED BY: David Mason SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to replenish the Petty Cash Fund in the amount of$127.15. UNANIMOUSLY: Tom Nesbitt, Reeve MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves payment in the amount of$50.00 to Mr. Bruce Hill in exchange for hydro costs and 8 services in the lighting of the 1994 Municipal Christmas Tree. UNANIMOUSLY: Tom Nesbitt, Reeve 15. Old Business None 16. New Business None 17. Committee of the Whole RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole appointing Chairperson, David Mason. UNANIMOUSLY: Tom Nesbitt, Reeve MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: David Mason 18. Motion to Adjourn MOVED BY: Cindy Allin 9 Approved: February 28, 1995 e".inom S es itt Reeve 7,4( David R. Free Administra it/Clerk-Treasurer 10 Village of Port Burwell Minutes Council Meeting February 28, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Allin, Councillor Hevenor, Councillor Mason and Councillor Loucks Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Sam Taylor Deputy Fire Chief - Village of Port Burwell, Brad Bartlette -Town of Tillsonburg, Sam Csinos - President of Firefighters Association and Doug Priester - Port Burwell Volunteer Fire Fighter Call Meeting to Order Declaration of Conflict of Interest 1. Adoption of Minutes of Regular Council Meeting dated February 14, 1995 RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the February 14, 1995 Regular Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated February 14, 1995 Councillor Mason requested if the letter of appreciation was sent to Mr. Bradfield inclusive of a certificate with regard to an income tax receipt. The Administrator/Clerk-Treasurer identified that both items had been addressed. 1 Councillor Allin wanted to have a meeting set up with Bayham Township. Reeve Nesbitt identified that this was an item to be discussed later in the agenda. 3. Delegations Town of Tillsonburg - Brad Bartlette Mr. Bartlette made a presentation at the request of Councillor Hevenor with regard to Federal tree planting program Green Streets Canada and the Town of Tillsonburg's current participation. Mr. Bartlette provided and edified council of the details of his application on behalf of Tillsonburg which resulted in a $30,000 grant for a tree planting program. Councillor Hevenor encouraged council to make tree planting as part of its general municipal clean up program and requested the opportunity to participate in the Green Streets Canada program. Reeve Nesbitt obtained general accepted consensus from council for the program however efforts would have to be done so without further burden to the municipal staff work load. Councillor Hevenor is to investigate further the requirements and details of the programs and how it might benefit the municipality. Township of Bayham - Don McLeod - Transfer Station Letter dated February 22, 1995 Mr. McLeod was unable to attend the meeting. 4. Correspondence a) Municipal Health and Safety Program - Seminar Received & Filed. b) Aylmer and District Museum Received & Filed. c) Municipal Finance -An Essential Update - Conference 2 Received & Filed. d) LPRCA- Full Authority Minutes Received & Filed. e) Ontario Clean Water Agency - Elgin Area Water System (Secondary) Received & Filed. f) Canadian Red Cross Society - Province Wide Lottery Received & Filed. g) Anonymous Letter of Complaint Received & Filed. h) Multiple Sclerosis Society of Canada - Carnation Campaign RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Cindy Alin BE IT RESOLVED, the Council of the Village of Port Burwell hereby acknowledges the efforts of the Multiple Sclerosis Society and provides its consent to hold its annual Carnation Campaign May 11, 12, and 13th 1995 in the Village of Port Burwell. UNANIMOUSLY: Tom Nesbitt, Reeve i) Rabies Awareness Day -Wednesday, April 5, 1995 Received & Filed. j) Ontario Head Injury Association - Request to Sell Media Bingo Cards 3 A letter of refusal is to be sent to the Association by the Administrator/Clerk-Treasurer. k) Public Sector Labour Market and Productivity Commission - Consultation on Training for Workplace Innovation Councilor Allin inquired if Public Works Staff should participate in any of the courses identified. The Administrator/Clerk-Treasurer identified that the information will be reviewed and staff shall participate based upon their needs and as time and money permits. 1) Ontario Healthy Communities Coalition Received & Filed. 5. Ministry of the Environment and Energy Prop Washing and the Village of Vienna A letter is to be drafted by the Administrator/Clerk-Treasurer to be sent to the Minister of the Environment with regard to the concerns within the letter from Mr. Barretta. 6. By-Law 95-07 - Purchasing By-Law - Previously Introduced & Circulated By-law Read. a First, Second and Third Time and Finally Passed. 7. Committee Reports a) County County is internally advertising for an Administrator within the upper tier structure. Reeve Hugh McGuiness has announced his candidacy for the NDP. b) Museum Board Councillor Mason expressed concern with regard to the Records Management activities in the Museum and indicated that a resolution from the Board has been passed requesting that all materials be removed from the building by 4 March 31, 1995. The Administrator/Clerk-Treasurer expressed concern in this matter considering that it is not probable that the activities will be complete. c) Fire Department Oral Report - Sam Taylor - Deputy Fire Chief The Deputy Fire Chief will be taking the trainers course in Class I fire fighters which enable him to train fire fighters locally instead of sending volunteers to other locations for training. The Rescue Van has now been purchased through the Fire Fighters Association. One member has resigned because of health reasons. Ice rescue activities will be commencing in the immediate future. A proposal was presented regarding specialized insurance for fire fighters. A request was presented to adopt this insurance and council directed the Administrator/Clerk-Treasurer to investigate the cost effectiveness of the policy. Bylaw 95-11, amending Bylaw 95-05 a bylaw to Establish a Fire Fighters Department was briefly discussed and the Administrator/Clerk-Treasurer was directed to provide an additional copy to the Deputy Fire Chief. d) Roads The next Roads Meeting is to be held March 1, 1995. Councillor Loucks expressed concern for state of Strachan Street and requested an increase of its priority in the Roads Master Plan. e) Recreation Board Approval of Minutes of Board Meeting Dated January 25, 1995 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: David Mason 5 BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Recreation Board minutes of the meeting dated January 25, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business Arising from Minutes of Meeting Dated January 25, 1995 None. Approval of Minutes of Board Meeting Dated February 2, 1995 RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Recreation Board minutes of the meeting dated February 2, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business Arising from Minutes of Meeting Dated February 2, 1995 Meeting March 2, 1995 will deal with consultants report with regard to new Baseball Diamond proposal. f) Community Policing No Report. g) BTA Councillor Mason presented the new post cards which will be printed in the near future and will be distributed to the various retail stores in the Village for sale. 8. By-Law 95-10 License Agreement with Jack &Norma Vince- East Beach Concession Stand RESOLUTION 6 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-10, being a By-Law to authorize the municipality to enter into a licence agreement with the Jack &Norma Vince for the operation of a Food Stand on the East Beach. UNANIMOUSLY: Tom Nesbitt, Reeve The by-law will be refined for consideration at the March 14, 1995 Council Meeting. 9. By-Law 95-11 -Amending By-Law 90-05 - Bylaw to Establish Fire Fighters Department RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-11, being a By-Law to amend By-Law 90-05, being a by-law to establish a Fire Department. UNANIMOUSLY: Tom Nesbitt, Reeve The by-law will be circulated to the Fire Department of comments and presented for further consideration at the March 14, 1995 Council Meeting 10. By-Law 95-09 - Council Remuneration Bylaw RESOLUTION MOVED BY: SECONDED BY: BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-09, being a by-law to set remuneration of the Reeve and 7 Council and to provide for the paying of expenses. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Tabled. 11. Purchase of Rescue Van RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to purchase a Rescue Van from Bargain Car and Truck Rentals of London, on behalf of the Port Burwell Volunteer Fire Department in the amount of $15,193.00. Conditional to this resolution, information regarding this purchase will be disclosed on the 1995 Financial Statements. UNANIMOUSLY: Tom Nesbitt, Reeve 12. Meeting With Pembina Officials - February 21, 1995 - Memo D. Free A meeting is to be set up with 345990 Ontario Limited in order to discuss the current lease arrangements on both the East and West sides of the Otter Creek and the manner in which Pembina can be accommodated. 13. Water Meter Deficiencies - Property Standards - Proposed Letter Received & Filed. 14. Proposed Letter - Tony Lama -Water Meter Billing Refinements of the proposed letter are to be made by the Administrator/Clerk- Treasurer and the letter is be mailed immediately. 15. Review of Accounts Payable RESOLUTION MOVED BY: Gordon Loucks 8 SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell approves the accounts payable as amended in the amount of$9,168.66, the cheques attached in the amount of$3,134.07 and Council Pay in the amount of$3,123.75. UNANIMOUSLY: Tom Nesbitt, Reeve 16. Old Business Councillor Mason inquired with regards to the proposed sign for the Municipal Offices and it was the general consent of Council to adopt the proposal as presented. Councillor Allin requested a review of the letter from Bayham Township proposing changes at the Transfer Station. Council directed the Administrator/Clerk-Treasurer to respond that the proposal as presented is not acceptable and further refinements are required based upon informal discussions with Reeve Nesbitt and Councillor Volkaert, Bayham Township. 17. New Business RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor The Council of the Village of Port Burwell hereby agrees to purchase a "Magna Wand"from the Administrator/Clerk-Treasurer for$750.00 considering its use for he past 6 months by Public Works staff and the need for the equipment within the municipality. UNANIMOUSLY: Tom Nesbitt, Reeve. MOVED BY: Jim Hevenor SECONDED BY: David Mason The Council of the Village of Port Burwell hereby consents to the equal partnership with municipalities with regard to the purchase of the CP Rail lands between the Town Tillsonburg and Village of Port Burwell with 33.33% funding from the Province of Ontario commensurate with the February 15, 1995 letter from the 9 Interministerial Committee on Abandoned Railway Rights-of-Way. UNANIMOUSLY: Tom Nesbitt, Reeve. 18. Committee of the Whole RESOLUTION MOVED BY: David Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole appointing Chairperson, Cindy Allin. UNANIMOUSLY: Tom Nesbitt, Reeve MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Cindy Allin RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: David Mason Whereas Raven & Company were appointed by bylaw 92-23 and 91-28 as the municipal auditors for the Village of Port Burwell for years 1990 through to 1993, and; Whereas Raven & Company was advised by the municipality, in writing for 1993 audit service were not to exceed $8,000 to be charged in a letter dated 10 December 14, 1993, and; Whereas the Village has remitted accounts to the Municipality totalling $36,363.63 for the 1993 audit, and; Whereas Raven & Company neither sought nor was granted authority by Municipality to undertake any work which would justify the fees charged, and; Whereas Raven & Company has not provided a satisfactory explanation for the additional fees charged, and; Whereas the Municipality is not satisfied with the work performed by Raven & Company over the term of their appointment as the Municipal Auditors considering the discovery of numerous material misstatements within the prior years audits in the 1993 audit, and; Whereas Raven& Company has commenced an action in the Ontario Court (General Division) for payment of a sum of money claimed to be owing by the Municipality to Raven & Company. The Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to instruct the Municipality's solicitor to take all necessary steps to defend the action brought by Raven & Company; And further, the Council hereby directs the Administrator/Clerk-Treasurer to instruct the Municipal Solicitor to commence an Counter Claim for damages suffered by the Municipality as a result of Raven & Company's failure to perform its duties as municipal auditors. UNANIMOUSLY: Tom Nesbitt, Reeve. 11 19. Motion to Adjourn MOVED BY: Jim Hevenor Approved: March 14, 1995 / - J d/TTomag'-N esbitt eeve #11, Da 'Jr ree Ad Hr istrator/Clerk-Treasurer 12 Village of Port Burwell Minutes Council Meeting March 14, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Allin, Councillor Hevenor and Councillor Loucks Absent: Councillor Mason Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer Call Meeting to Order Declaration of Conflict of Interest None 1. Adoption of Minutes of Regular Council Meeting dated February 28, 1995 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the February 28, 1995 Regular Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated February 28, 1995 Councillor Allin provided information from OME Insurers with regard to the concerns of the Volunteer staff with respect to personal insurance while serving or resulting from their duty as a fire fighter. OME insurers have assured the municipality in writing with details that the coverage currently provided within the policy recently purchased is equivalent to the policy which the fire fighters had proposed during the February 28, 1995 Council meeting. 1 3. Ministry of Transportation/Village of Port Burwell 1995 Expenditures Budget RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby adopts as presented, the Program of Proposed Expenditures for Highway Improvements for the Year 1995 for the Village of Port Burwell. UNANIMOUSLY: Tom Nesbitt, Reeve 4. Correspondence a) Gar Knutson MP - Municipal Council Remuneration Received and Filed. b) County of Elgin - Health and Safety Information Session The Administrator/Clerk-Treasurer indicated that he will attend on behalf of council including Public Works staff. c) Community Services Training and Adjustment Panel Additional Information Available for Review Within Office Received and Filed. d) LPRCA- 1995 Budget and General Municipal Levy Additional Information Available for Review Within Office Received and Filed. e) Ministry of Municipal Affairs - Bill 163 - Planning Act Amendments Received and Filed. 2 f) Hike Ontario -Walking and Hiking in Ontario Council requested that a set of pamphlets be ordered for the municipality. g) Thames Valley District Health Council Received and Filed. h) Road Talk - Pavements Built for Superior Performance Received and Filed. i) Economic Developers Council of Ontario Inc. - Professional Development Series for the Economic Developer 1995 Received and Filed. j) 24th Annual Water Environment Association of Ontario - Technical Symposium Received and Filed. k) Ron Eddy MPP, Brant-Haldimand Received and Filed. 1) OME Insurance Brokers/ROMA Insurance Program Inc. Received and Filed. m) Celebrate Orillia - Ontario Small Urban Municipalities 42nd Conference Received and Filed. n) Municipal Alert - Municipalities Urged to Lobby MPP's Re: Proclamation of Local Government Disclosure of Interest Act Received and Filed. 3 o) Elgin Community Leaders' Letter Received and Filed. p) Proctor & Redfern Limited - Proctor & Redfern Limited Corporate Credentials Received and Filed. 5. By-Law 91-31 Development Charges Bylaw - By-Law 95-12 RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-12, being a by-law to establish an additional reserves funds for the Municipality within the general reserve fund. UNANIMOUSLY: Tom Nesbitt, Reeve By-law Read a First, Second and Third Time and Finally Passed. 6. By-Law 95-13 - Sewer &Water Rates By-Law - Memo/Report D. Free RESOLUTION MOVED BY: Cindy Alin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-13, being a by-law to set water and sewer user rates in the Village of Port Burwell for the fiscal year of 1995. UNANIMOUSLY: Tom Nesbitt, Reeve By-law Tabled 4 7. Committee Reports Committee Selections - Tom Nesbitt RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the appointment of Councillors to Committees, Bard �n� scial a tions in accordance to the attached Schedule A forming pathiresolution Council hereby approves the appointment of Councillors to Intermunicipal Committees of Specific Municipal Interest in accordance to Schedule "B" forming part oft this resolution. Council hereby approves the appointment to Municipal Adhoc Committees in accordance to Schedule "C" forming part of this resolution. UNANIMOUSLY: Tom Nesbitt Schedule "A", Schedule "B" and Schedule "C" are attached hereto. a) County The final presentation of the 1995 Budget is to be March 21, 1995. The g appointment of a Chief Administrative Officer is to be announced at the next meeting. b) Museum Board There are concerns for the June 3, 1995 Museum Meeting that there is inadequate space in the Parish Hall. c) Fire Department No Report 5 d) Roads Approval of Minutes of Board Meeting Dated February 2, 1995 RESOLUTION MOVED BY: fiord Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Roads Committee minutes oft e meeting dated February 1, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business Arising from Minutes of Meeting Dated February 22, 1995 to Councillor Allin presented a memo expressing concern with regard it tiddran the ge along Erieus Street. The memo indicated inadequate existing general area of Robinson Street & Erieus Street. Council will review thus issue during the budget deliberations. e) Recreation Board Registration for the 1995baseball b seb ll season was held on March 11, 1995 and will be held again on March 18, 1995. f) Community Policing No Report g) BTA Councillor Hevenor reported that a meeting was with the organizers with h doled for the spring 1995• respect to the Big Otter Canoe regatta sc e Volunteers are still needed and prize donations are being solicited from businesses and individuals in the area. 8. By-Law 95-09 - Council Remuneration Bylaw By-law Read a First, Second and Third Time and Finally Passed. 6 9. By-Law 95-10 License Agreement with Jack&Norma Vince- East Beach Concession Stand By-law Read a First, Second and Third Time and Finally Passed. 10. By-Law 95-11 -Amending By-Law 90-05 - Bylaw to Establish Fire Fighters Department By-law Read a First, Second and Third Time and Finally Passed. 11 By-Law 95-14 - Recreation Board By-Law By-Law Tabled. 12. Centennial Park Renovations & Expansion RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Gord Loucks Whereas the Council of the Village of Port Burwell has been aware of the energies spent by the Recreation Board towards the community beautification effort and the proliferation of both minor and adult recreational activities, and; Whereas with the funds from the Nevada Proceeds the Recreation Board has commissioned the design for renovations and expansion of the Centennial Park, and; Whereas Council has received and reviewed the concept drawings for the expansions and renovations to the Centennial Park site, and; Whereas the layout and scheme as presented is deemed to benefit all citizens of the community increasing visibility and tourism for the Village and businesses therein, and; Whereas the support of the BTA has been gained including other person within the community towards the realization of this facility, and; The Council of the Village of Port Burwell accepts the concept per Schedule"B" and hereby extends its support for the Centennial Park 7 project as presented. Council also extends staff resources towards the donation solicitation in order to finance the project locally and from provincial and federal agencies towards the completion of the project. UNANIMOUSLY: Tom Nesbitt, Reeve 13. Meeting With Jack Spence March 8, 1995 - Oral Report J. Hevenor RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwellhereby agrees to introduce By-Law 95-15, being a by-law to amend Bylaw 93-08 a bylaw to permit the lease of certain lands from 345990 Ontario Limited, to permit for amendments to certain terms and conditions, and to authorize the Reeve and the "Amending to sign an Letter" as an article of agreement to the Lease. UNANIMOUSLY: Tom Nesbitt, Reeve By-law Read a First, Second and Third Time and Finally Passed. 14. Municipal Office Property Landscape Proposal Proposal Tabled 15. Proposed Letter to Persons with Water Meter Violations Council directed the Administrator/Clerk-Treasurer to send the letter as attached with regard to violations. 16. Review of Financial Reporting YTD February 28, 1995 Received and Filed 8 17. Review of Accounts Payable RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell approves the accounts payable as amended in the amount of$104,252.64, the7cheques attached in the amount of$19,284.25 and payroll in the amount of UNANIMOUSLY: Tom Nesbitt, Reeve 18. Old Business N one 19. New Business RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin The Council of the Village of Port Burwellr crPersonnel hereby of dirts e Administrator/Clerk-Treasurer to engage the Management Associates (PMA) to complete the 1990 and 1995 Pay Equity Plan for the Municipal Employees. Council further directs that a salary administration system be developed in accordance to the quotation provided per the January 31, 1995 from PMA. UNANIMOUSLY: Tom Nesbitt 20. Committee of the Whole RESOLUTION MOVED BY: fiord Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves into 9 Committee of the Whole appointing Chairperson, Cindy Alin. UNANIMOUSLY: Tom Nesbitt, Reeve MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Cindy Alin 21. Motion to Adjourn MOVED BY: Jim Hevenor Approved: March 28, 1995 t//, Tho as Nesbitt Reeve 4 _ D.4 . Free A.ministrator/Clerk-Treasurer 10 Schedule "A" Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 Committees/Boards/Special Corporations Council Representative Appointees March 14, 1995 Museum Board David Mason Recreation Board Gord Loucks Port Burwell Non Profit Housing Corporation Cindy Allin _....------"----7. ' /‘' . / J 4 Tom ,esbitt Reeve 9* ,. Da`: . Free Alinistrator/Clerk-Treasurer 11 Schedule "B! Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 Intermunicipal Committees of Specific Municipal Interest Council Representative March 14, 1995 Lower Big Otter Jim Hevenor Remedial Action Project Committee Cindy Allin East Elgin Intermunicipal Waste Management Committee Cindy Allin Elgin Tourist Association David Mason Southwestern Travel Association David Mason Al,__-.-----------7 / /A'. Ado Tom esbitt Reeve 'AO D. �• Free dministrator/Clerk-Treasurer 12 Schedule "C" Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 Adhoc Committees Council Representative Appointees March 14, 1995 Roads Committee Cindy Alun Gord LoucksFire Department Freedom of Information and Privacy Jim Hevenor tLs.V Tom Nesbitt Reeve diW�/ . '. Free dministrator/Clerle-Treasurer 13 Village of Port Burwell Minutes Special Council Meeting March 20, 1995 7:30 p.m. Municipal Offices Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer Guests: Vane Chute - Reeve Bayham Township, Joe Volkaert and John Nezezon - Councillors and Don McLeod - Clerk-Treasurer Call Meeting to Order Declaration of Conflict of Interest None 1. Financial Assistance Dredging Big Otter Creek - Opening Remarks - Reeve Nesbitt Reeve Nesbitt provided an overview of the Business Development Activities in Port Burwell to bring the Natural Resource Company Pembina Resources Limited into the Fast Elgin area (specifically Port Burwell and Bayham Township). The Reeve apologized that representatives from Pembina could not be present as they were invited, however corporate commitments interfered with their attendance. The key to Pembina's presence in the area was adequate dredging of the Big Otter Creek to facilitate their boats and equipment. Port Burwell was asking for a contribution from Bayham Township towards dredging of Big Otter Creek. Reeve Chute (Bayham Township) identified that the municipality had not completed the budget process and therefore could not commit any funds until an adequate financial review was completed. Regardless Reeve Chute requested additional information and the opportunity for his Council to review the request. The Reeve had concerns for the validity of the company and wanted time to research Pembina's credibility. Reeve Nesbitt thanked members of Bayham Council and Port Burwell Council for attending the meeting and stated that Port Burwell was anxiously awaiting Bayham s response to the request for support. 1 2. Old Business None. 3. New Business None. 4. Motion for Adjournment MOVED BY: Gord Loucks Approved: October 24, 1995 / �..- -4(Y-it Thomas7Ne itt Reeve Davis R. ree Administrator/Clerk-Treasurer 2 Village of Port Burwell Minutes Special Council Meeting March 21, 1995 7:30 p.m. Municipal Offices Present: Reeve Nesbitt, Councillor Allin, Councillor Hevenor and Councillor Loucks Absent: Councillor Mason Staff: Administrator/Clerk-Treasurer Call Meeting to Order Declaration of Conflict of Interest None 1. 1995 Budget Review- Expenditures a) Fire Protection The Fire Department submitted an operating budget in the amount of$48,000 and a capital budget in the amount of$10,000. Council directed the Administrator/Clerk-Treasurer to review the details of the budget in order to maintain the operating budget not greater than $30,000 unless there is a specific reason which would substantiate an increase of approximately$20,000 from 1994. b) Water/Sewer System A new user charge system was present and council directed the Administrator/Clerk-Treasurer to provide the effects of rates reductions as proposed on the budget. 2. Capital Program a. Recreation Based on the capital program that the Recreation Board has presented council has consented to provide$10,000 towards the Market Square 1 6. Motion for Adjournment Gord Louclzs Approved: March 28, 1995 /iv / P� Thomas( s•itt Reeve A 4 0 di I 111° Davi/. ree Ad rnistrator/Cleriz-Treasurer 3 Village of Port Burwell Minutes Council Meeting March 28, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Allin, Councillor Mason, Councillor Hevenor and Councillor Loucks Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer Call Meeting to Order Declaration of Conflict of Interest Councillor Allin Item 5 (t) Councillor Loucks Item 19 1. Adoption of Minutes of Regular Council Meeting dated March 14, 1995 RESOLUTION MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the March 14, 1995 Regular Council Meeting as amended. UNANIMOUSLY: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated March 14, 1995 Councillor Mason inquired as to clarification with regards to item 19 of the minutes concerning salary administration. Reeve Nesbitt identified that the 1990 Pay Equity had to be redone and the 5 year update was scheduled for 1995 of which was part of the commissioning of Personnel Management Associates. It was also explained that at the same time a formal salary administrative system is to be developed. 1 3. Adoption of Minutes of Special Council Meeting dated March 21, 1995 RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the March 21, 1995 Special Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated March 21, 1995 Councillor Loucks inquired if the proposed amendments to the Fire Departments budgets had been discussed with the Fire Chief and the Deputy Fire Chief. The Administrator/Clerk-Treasurer identified that a meeting was in the process of being scheduled however, there was not confirmation from the Fire Chief and Deputy Fire Chief with respect to the date. Councillor Mason asked if paving was going to completed on Addison Street in 1995. Councillor Mason also questioned the higher priority of Waterloo Street compared to Pitt Street. Councillor Allin identified that there will be no paving in 1995 and that Waterloo Street was identified by the Roads Advisory Committee as a priority. However, Councillor Allin identified that based upon the request for supplementary funding for 1995 to MTO engineering was scheduled for Waterloo Street for 1995 and construction tentatively scheduled for 1996. Councillor Allin identified that the adhoc Roads Advisory Committee provided this direction coupled with letters from ratepayers within the Waterloo Street area. 5. Correspondence a) St. Thomas Elgin Tourist Association - News and Views - 9th Annual Meeting Received and Filed. b) Pay Equity Commission Received and Filed. 2 c) Ontario Federation of Anglers and Hunters - Ontario Family Fishing Weekend -July 7-9, 1995 Received and Filed. d) Elgin Community Partnership - Annual General Meeting Received and Filed. e) Heart Beat - Friends of the St. Thomas Elgin General Hospital Received and Filed. f) Ontario Municipal Board -Annual Report '92 - '94 - Information Available for Review Within Office Received and Filed. g) Municipal Alert - Municipal Platform Demands Better Government at Lower Cost Received and Filed. h) County of Elgin - The Army Militia RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks Whereas the Council of the Village of Port Burwell is in receipt of a letter from the office of the Warden of the County of Elgin regarding reorganization and cuts in the Canada's Reserve Armed Forces, BE IT RESOLVED, the Council of the Village of Port Burwell directs the Reeve to forward the March 1995 letter to the Right Honourable Jean Chretien in support of minimal financial effects to the Canada's Reserve Armed Forces which would reduce the effectiveness of the organization and a further reduction in our national security. 3 UNANIMOUSLY: Tom Nesbitt, Reeve Council directed the Administrator/Clerk-Treasurer to forward the resolution to the Right Honourable Jean Chretien. i) City of Thunder Bay - Port of Churchill RESOLUTION MOVED BY: David Mason SECONDED BY: Gordon Loucks Whereas the Council of the Village of Port Burwell is in receipt of a letter from the office of the Mayor of the City of Thunder Bay regarding the concerns of the municipality of the Federal Governments financial policies on harbours, specifically Port Churchill, and; Whereas the above said letter identifies inequities and a waste of tax payers monies on financially inviable Ports in Canada, and; Whereas the Village of Port Burwell harbour facilities located at the centre of the north shore of Lake Erie has also received minimal maintenance and capital funding from the Federal government for the safe operation of its maritime requirements. BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the efforts of the City of Thunder Bay towards gaining an increased profile and funding with respect to its viability considering past and continual mis-allocations of public monies towards harbours of lesser economic viability. UNANIMOUSLY: Tom Nesbitt, Reeve Council directed the Administrator/Clerk-Treasurer to forward the resolution to the Right Honourable Jean Chretien. j) Ministry of Environment and Energy - Annual Report"Greening" - Additional Information Available for Review Within Office Received and Filed. 4 k) Ontario Hydro -Village's Request for Capital Expenditure Information Received and Filed. 1) Ministry of Municipal Affairs - 1995/96 Ontario-Quebec Municipal Exchange Student Received and Filed. m) Green Lane Environmental - "National Compost Awareness Week" Received and Filed. n) Ontario Federation of Anglers and Hunters - Fire Arms Control Tabled o) Kimble Sutherland - Tillsonburg Memorial Hospital and the Oxford Hospitals Planning Study Received and Filed. p) St. Thomas Canvas &Awning - Tent Rental To be forwarded to the Recreation Board. q) Township of Bayham - Bayham Township's Fire Department Received and Filed. r) Canada Day - Grant Application &Youth Award - Additional Information Available for Review Within Office The Grant Application is to be completed and forwarded. s) Municipal Alert - Province to Proclaim Local Government Disclosure of Interest Act Received and Filed. 5 Bur m rticultural Society t) Port Request Cols ll Nae dao Tickets at Lighthouse Curiosity Shop - to RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the application by the Port Burwell n to - Bayhamag HHoticultural Society with regards to an app nd Conduct a Nevada Ticket Lottery at the Port Burwell Curiosity Shop. UNANIMOUSLY: Tom Nesbitt, Reeve 6. By-Law 95-13 - Sewer &Water Rates By-Law Tabled 7. Committee Reports a) County As the result of internal competition effective March 21, 1995, the new Chief Administrative Officer of the County of Elgin is Mark McDonald a resident of Port Burwell. The 1995 County Budget was passed with a 4.9% increase with the majority of the increase being allocated to reserves. b) Museum Board Councillor Mason requested on behalf of the Museum Board o have the municipal files removed from the building. TheAdministrator/Clerk- Treasurer Treasurer identified that there is no current solution however staff is looking a location. c) Fire Department No Report 6 d) Roads Councillor Allin identified that there are a number of"pot holes" throughout the community and inquired as to the action plan to correct this problem. The Administrator/Clerk-Treasurer identified that staff is currently working on the road system. e) Recreation Board Adoption of Minutes of Regular Council Meeting dated February 22, 1995 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Recreation Board minutes of the meeting dated February 22, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business arising from Minutes of meeting dated February 22, 1995 Councillor Hevenor inquired if the Optimist Club was going to help with the Tub Daze celebration. Councillor Loucks identified that although there was an initial interest by the Optimist there has been no further response. Councillor Loucks provided a summary of the presentation of Oslach Nursery with regards to the Recreation Boards proposed"Memorial Brick" Campaign for the Market Square Parkette. A pricing scheme is to be developed with regards to an ongoing donation program for the memorial bricks. It has been informally decided that there will be no May 24, 1995 Fire works considering lack of funds available within the 1995 Recreation Board budget. f) Community Policing No Report 7 g) BTA No Report 8. By-Law 95-16 Being a bylaw to Establish Signage within the Municipality Tabled. 9. By-Law 95-18 Amending Bylaw 95-10 Authorizing a License Agreement with Jack & Norma Vince - East Beach Concession Stand RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agree to introduce bylaw 95-18 being a By-law to amend bylaw 95-10 to authorize the municipality to enter into a licence agreement with the Jack& Norma Vince for the operation of a Food Stand on the East Beach. UNANIMOUSLY: Tom Nesbitt, Reeve By-law Read a First, Second and Third Time and Finally Passed. 10. By-Law 95-19 - Establishing a Museum Advisory Committee Tabled 11. By-Law 95-14 - Recreation Board By-Law Tabled 12. Proposed Letter to OCWA- Outstanding Issues Municipal STP &Water System Council directed the Administrator/Clerk-Treasurer to forward the letter as presented and apprise Council of the continuing progress. 8 13. Centennial Park Renovations & Expansion- Market Square RE SOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor WHEREAS the Council of the Village of Port Burwell has reviewed the resolutions from the March 22, 1995 Recreation Board Meeting which apply to Market Square and the Centennial Park projects, AND WHEREAS the Council of the Village of Port Burwell is in full support of these projects and proceeding with their construction as long as funding is available through Nevada Donations and jobsOntario funding, AND WHEREAS the Council of the Village of Port Burwell has consented to make a donation of$10,000.00 to the construction of the project, $5,000.00 in the fiscal year of 1995 and$5,000.00 in the fiscal year of 1996. The Council of the Village of Port Burwell hereby adopts and ratifies the resolutions pertaining to the Market Square and the Centennial Park projects as recommended by the Recreation Board in accordance to their regular meeting March 22, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve 14. MTO Supplementary Funding 1995 - Memo D. Free RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason WHEREAS it is desirous for the Council of the Village of Port Burwell to request supplementary funding for the improvement of roads as follows: Addison Street Tennyson Street Southey Street Cowper Street Homer Street 9 The Council of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk-Treasurer to sign the Ministry of Transportation's "Request for Supplementary Allocation of Subsidy Monies for the Year 1995" in the amount of $230,000.00. UNANIMOUSLY: Tom Nesbitt, Reeve 15. Municipal Office Property Landscape Proposal - Letter IMC 95 03 16 Received & Filed 16. • Meeting With Bayham Township Reeve Nesbitt provided a summary of the meeting on March 20, 1995 with regard to the Bayham Township, Vienna, Port Burwell Transfer Station and the proposed user fees. A fee system was developed and public advertising will be developed and the Clerks of the Municipalities are to finalize the system of payment of the fees as structured by the councils. The issue of OVEAC's participation in the future of environmental systems was raised by Councillor Allin identifying that the organization wishes to participate in the public education. Reeve Nesbitt identified that during the March 20, 1995 meeting a request was made to Bayham Township to participate in the dredging costs for current and future years. Although encouraged by the meeting more work is required with regards future meetings. Councillor Loucks confirmed the requirements of future meetings. 17. Inspection of Board Walk and Damages - Memo B. Wolfe Council directed the Administrator/Clerk-Treasurer to have the Public Works staff make the repairs to the Boardwalk at the earliest possible convenience. 18. Village Property Standards Violations - End of Elizabeth Street - Letter B. Wolfe Received & Filed 19. Review of Accounts Payable RESOLUTION MOVED BY: Dave Mason 10 SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell approves the accounts payable as amended in the amount of$5,331.89 and the cheques attached in the amount of$1,896.29. UNANIMOUSLY: Tom Nesbitt, Reeve 20. Infrastructure Projects (East Beach Washrooms) RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin WHEREAS the Council of the Village of Port Burwell has reviewed a proposal from D. Free with regards to providing design and drafting services in the matter of the East Beach Public Washrooms and, WHEREAS based upon costs for services of previous projects the fees seem to be reasonable and fair, The Council of the Village of Port Burwell hereby consents to pay D. Free for services upon completion of the drawings, $470.00. UNANIMOUSLY: Tom Nesbitt, Reeve 21. Old Business None. 22. New Business RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby accepts the recommendation of the Shirley Manion adopting the "Yellow Tulip" as the Official Flower of the municipality. 11 UNANIMOUSLY: Tom Nesbitt, Reeve 23. Committee of the Whole RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor the Council of the Village of Port Burwell moves into BE IT RESOLVED, o,nting Chairperson, Cord Louclzs. Committee of the Whole app UNANIMOUSLY: Tom Nesbitt, Reeve MOVED BY: Cindy Alun SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Gord Louclzs 24. Motion to Adjourn MOVED BY: Cindy Allin Approved: April 11, 1995 Thomas esbitt Reeve 400 `,vis . Free a, inistrator/Cleriz-Treasurer 12 Village of Port Burwell Minutes Council Meeting April 11, 1995 6:00 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor and Councillor Loucks Absent: Councillor Allin Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Dwayne Blanchard and George Enei, Department of Fisheries & Oceans , Tom Southwick, Elgin Federal Liberal Association, Henry Valks, Port Burwell Provincial Park and Mario Chirico Call Meeting to Order 6:10 pm Declaration of Conflict of Interest 1. Delegation Department of Fisheries & Oceans - D. Blanchard and G. Enei Mr. Dwayne Blanchard, Regional Manager of the Department of Oceans and Fisheries informed Council of the intention of the Federal Government as the result of the recent Federal Budget to divest of all harbour facilities and inquired if the municipality of Port Burwell would be interested in the acquisition. Reeve Nesbitt identified that the municipality would be interested in the acquisition however, not without significant facilities upgrading and/or a program of dredging prior to the finalization of any arrangement. Mr. Blanchard acknowledge the conditions of the Village acquisition and was to take this information to the authorities. It was also identified that dredging funding would be available in 1995 and the municipalities application was being processed. Recess 7:40 pm 2. Adoption of Minutes of Regular Council Meeting dated March 28, 1995 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason 1 BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the March 28, 1995 Regular Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 3. Business arising from Minutes of meeting dated March 28, 1995 N one 4. Delegations Elgin Federal Liberal Association - Letter dated April 5, 1995 Tom Southwick Mr. Southwick presented and read a letter from Provincial Justice Auger in protest to Bill C-68. Councillor Hevenor asked Mr. Southwick if the proposed legislation applied to "display" firearms. Mr. Southwick responded that the legislation in its current form did apply to "display" firearms. Councillor Mason inquired of Mr. Southwick if Bill C-68 saved one life, is not the legislation worth it. Mr. Southwick replied that the legislation would not be worth it. He qualified his answer by adding that other legislation would likely save other lives. Reeve Nesbitt completed the delegation by notifying the assembled that registration of firearms is being included for the third reading of the Bill scheduled for next later in April 1995. The Reeve added that he was not in favour establishing a criminal record of normally"law abiding citizens" if there is refusal to registering the firearms. Mario Chirico Mr. Chirico presented that 21 Brock Street water billing is unfair. Mr. Chirico identified specific persons which are not paying in his opinion their fair share. Councillor Mason and Loucks requested that the issue be revisited. Tabled. 5. Quarterly Report of Chief Building Official - Presentation by B. Wolfe Chief Building Official informally presented his report to council through the Administrator/Clerk-Treasurer. 2 Report Received and Filed. 6. Correspondence a) Royal Canadian Legion - Letter Regarding Donation to Museum Board Received and Filed. b) The Development Corporations of Ontario - Bridging the Gap - Information Available for Review Within Office Received and Filed. c) Dunn Communications - 1995 Visitors Guide Received and Filed. d) LPRCA Annual Meeting Minutes - February 23, 1995 Received and Filed. e) Ministry of Municipal Affairs - Letter to Art Eggleton, Minister Responsible for Infrastructure Received and Filed. f) Ministry of Transportation - Highway Transfers - Connecting Link Received and Filed. g) Ontario Sailing Association - 25th Anniversary Received and Filed. h) Town of East Gwillimbury - Fee For Supplementary Assessments RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason 3 BF IT RESOLVED, the Council of the Village of Port Burwell hereby endorses and supports the resolution passed by the Town of East Gwillimbury with regards to fees for supplementary assessments. UNANIMOUSLY: Tom Nesbitt, Reeve i) Ontario Waste Management Corporation - Waste Reduction Bulletin Received and Filed. j) Ministry of Municipal Affairs - Planning Administrator/Clerk-Treasurer Received and Filed. k) Ministry of Housing - Provincial Maintenance Standards Received and Filed. 1) Kelke Media Services - CD ROM Computer Disk - Focuses on Fishing in Ontario's Lakes and Rivers Received and Filed. m) The Common Sense Revolution - Office of the Leader of the Progressive Conservative Party of Ontario Received and Filed. n) Ministry of Municipal Affairs - Local Government Disclosure of Interest Administrator/Clerk-Treasurer Received and Filed. o) Ministry of Municipal Affairs - Open Meeting Provisions - Bill 163 Received and Filed. p) Ministry of Municipal Affairs - Ontario Being Treated Unfairly in Federal Budget Received and Filed. 4 q) Ministry of Finance - Floyd Laughren Received and Filed. r) Resource environmental Associates - Inclusion on Bidder's List Received and Filed. s) ()MFRS Special Notice - New Funding Type 7 Retirements Received and Filed. t) LPRCA- 1994 Annual Report - Information Available for Review Within Office Received and Filed. 7. By-Law 95-13 - Sewer &Water Rates By-Law Tabled. Mr. Henry Vallis requested to speak on the proposed bylaw and did not have the details proposed billing identified that although he d his concern system based on the limited information he had expresse for the new rates. Reeve Nesbitt identified that the ed and twwas not e general finalized and significant analysis has beenp r nature of the bylaw will provide savings to almost all users in the community and will represent a fair system of billing. Reeve Nesbitt also indicated that a recent application for fundinngg hf the new baseball park facility was revoked today. Province's apparent lack of interest in Port Burwell's financial a cial a tdd n a h social welfare the Provincial with respect tolpay ng for water within the argue fairness in treatment municipality. Councillor Loucks further identified that the Provincial Parkdid doral connect to the Sewage Treatment Plant to assist cost and this refusal was not an act ofgood corporate citizenship. Mr. Valks identified to Council Loucks that the leeching beds at to si the time were relatively new and it would not have been 5 connect to the municipal system. Councillor Loucks responded by identifying that when the sewers were connected his leeching bed system was relatively new however he connected and currently shares in the cost of the operation of the sewage treatment plant. 8. Committee Reports a) County No report. b) Museum Board Adoption of Minutes of Board Meeting dated February 7, 1995 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Museum Board minutes of the meeting dated February 7, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business arising from Minutes of meeting dated February 7, 1995 Councillor Mason identified that Tony Lama has retired from the Museum and the Boards wishes to express it sincere regrets in accepting his resignation. Councillor Mason presented options for the location of the Research Buoy on the Museum property. c) Roads Adoption of Minutes of Committee Meeting dated March 1, 1995 RESOLUTION 6 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Roads Committee minutes of the meeting dated March 1, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business arising from Minutes of meeting dated March 1, 1995 d) Recreation Board Recreation Board meeting to be held 7:30 April 12, 1995 to develop and review Market Square proposal IMC Landscape Consultant. Port Burwell Baseball Association is in the final stages of formation with the constitution. Registration has been slower than previous years. e) Community Policing No Report f) BTA There are two new members, Breens have joined the BTA. Section 25's are being suggested for the Village mural. RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks The Council of the Village of Port Burwell hereby adopts the request from the BTA to share 50% in the cost of the Village Brochure. UNANIMOUSLY: Tom Nesbitt, Reeve 9. By-Law 95-16 Being a bylaw to Establish Signage within the Municipality RE SOLUTION 7 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Councilof the Village of Port Burwell hereby agrees to introduce By-Law 95-16, being a by-Law for Prohibiting and Regulating the Erection of Signs and Other Advertising Devices. UNANIMOUSLY: Tom Nesbitt, Reeve ByLaw Tabled.for Review and. Council Input. 10. Municipal Clean up Program/Summer Students/Seed Applications RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to make application to the Canada Employment Centre with respect to the 1995 Summer Employment Experience Development (SEED) program as follows; 1 - Recreation, Tourism & Culture Director - Summer Student 2 - Tourism Guides/Museum Assistants 1 - Landscape Architect Student UNANIMOUSLY: Tom Nesbitt, Reeve 11. By-Law 95-19 - Establishing a Museum Advisory Committee Tabled 12. By-Law 95-14 - Recreation Board By-Law RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to 8 introduce By-Law 95-14, being a by-Law to provide for the management, control, regulation, maintenance and usage of all facilities, parklands and properties owned or leased by the Village of Port Burwell for Parks and/or Recreation purposes; and a By- law to authorize the carrying on of a Community programme of Parks and Recreation within the meaning and regulations of the Ministry of Recreation, Culture and Tourism UNANIMOUSLY: Tom Nesbitt, Reeve ByLaw Tabled for Review and Council Input. 13. Schedule for "Charges for Goods, Services, Certificates and certain Licenses" RE SOLUTION MOVED BY: Dave Mason SECONDED BY: Gordon Loucks Whereas the municipal offices provides services to individuals and provides lottery licenses to the organizations and community at large of which the costs may be recovered. The Village of Port Burwell hereby adopts a schedule for "Charges for Goods, Services, Certificates and certain Licences" attached as Schedule "A". UNANIMOUSLY: Tom Nesbitt, Reeve 14. Port Burwell Flea Market - Draft Plan - D. Mason - Proposal dated February 1995 - M. Chapman - Memo D. Free Received and Filed. 15. Review of Accounts Payable RE SOLUTION MOVED BY: Gordon Loucks SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell approves the 9 financial reporting and the accounts payable as amended in the amount of $22,175.76, the cheques attached in the amount of$218.06 and the payroll in the amount of$14,668.40. UNANIMOUSLY: Tom Nesbitt, Reeve 16. Ontario Federation of Anglers & Hunters - Firearms Control Resolution RE SOLUTION MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor WHEREAS: the Federal Government has released "The Government's Action Plan on Firearms Control" and govern this plan form in he draft legislation Bill C-68; and WHEREAS: the Federal Minister of Justice has not established that this Action Plan will reduce crime or improve public safety; and WHEREAS: the Action Plan and legislation, if implemented, contain severe sanctions and restrictions on the continued ownership of firearms by responsible, law- abiding citizens by subjecting them to unnecessary and unjustified controls, limits, stipulations, red tape and financial burdens; and WHEREAS: the existing controls on firearms ownership as contained in the Criminal Code of Canada and the Regulations passed pursuant to the Criminal Code are more than adequate to ensure public safety and that crime could be controlled through enforcement of the existing laws along with those proposed in Bill C-68 to counter criminal firearm use; and WHEREAS: implementation of further controls on law-abiding Canadians as proposed in the Federal Action Plan on Firearms Control will place an overwhelming burden on scarce police resources at the local, regional, and provincial levels; such costs that would be better used fighting crime; THEREFORE BE IT RESOLVED: That we are opposed to those measurer in the Government's Action Plan and in Bill C-68 that impose needless burdens on law-abiding Canadians such as universal firearms registration and licencing; 10 That we are opposed to any measurer that prohibit or ban any firearms that are presently, or were prior to January 1, 1995, legally owned by registered owners in Canada; That we insist that the Government of Canada abandon those sections of the Action Plan on Firearms Control affecting the continued ownership and legal use of firearms by registered owners in Canada; AND FURTHER, BE IT RESOLVED: And that the Right Honourable Jean Cretien, Justice Minister Allan Rock, our Member of Parliament, the Clerk of the Standing Committee on Justice and Legal Affairs, and our Member of Provincial Parliament be advised of this resolution. UNANIMOUSLY: Tom Nesbitt, Reeve 17. Old Business None 18. New Business RE SOLUTION MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor Whereas it has been determined that Mr Walter Barowka of 64 Shakespeare Street, roll# 3402000001108000000 has overpaid his 1991 property taxes in the amount of$245.77; And whereas interest in the amount of$40.89 has been calculated in Mr Barowka's favour; The Village of Port Burwell hereby authorizes the write off of $286.66 as an adjustment to Mr Barowka's property taxes. UNANIMOUSLY: Tom Nesbitt, Reeve 11 19. Motion to Adjourn MOVED BY: Dave Mason Approved: April 25, 1995 A. /' Thom.- es sat Reeve Ad Da f . Free trator/Cleriz-Treasurer 12 Village of Port Burwell Minutes Council Meeting April25, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer Call Meeting to Order Declaration of Conflict of Interest 1. Adoption of Minutes of Regular Council Meeting dated April 11, 1995 RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the April 11, 1995 Regular Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated April 11, 1995 None 3. Bylaw 95-17 Being a Bylaw to authorize a and Land Lease agreement between the Municipality and Regional Cable TV Systems RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-17, being a By-Law to authorize the Reeve and the 1 Administrator/Clerk-Treasurer to enter into a Land Lease Agreement with Regional Cable TV Systems. UNANIMOUSLY: Tom Nesbitt, Reeve Bylaw Read a First & Second Time Bylaw Read a Third Time and Finally Passed 4. Correspondence a) Corporation of the County of Kent - Fish Stocks in Lake Erie RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the resolution passed by the Kent County Council with regards to the Lake Erie Commercial Fishing Industry. UNANIMOUSLY: Tom Nesbitt, Reeve b) Canadian Wildlife Service - Wildlife Watchers Report on Monitoring Received and Filed. c) The Premier's Council - Pursuing Equity Received and Filed. d) Ministry of Citizenship - 1995 Ontario Senior Achievement Awards This correspondence was referred to Allan Spicer of the Harbour Lights. e) Recycling Council of Ontario - Wast Reduction Week 1995 RESOLUTION MOVED BY: Gordon Loucks 2 SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby proclaims November 6th to November 12, 1995 as Waste Reduction Week in order to involve the community in the 3R's, Reduce, Reuse, and Recycle. UNANIMOUSLY: Tom Nesbitt, Reeve f) Southwestern Ontario Travel Association's - 21st Annual General Meeting Councillor Mason to attend on behalf of the Village of Port Burwell. 5. 1995 Budget RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin The Council of the Village of Port Burwell hereby resolves to convene for a Budget Meeting Monday 1, 1995 at the Municipal Offices at 7:30. UNANIMOUSLY: Tom Nesbitt, Reeve 6. Committee Reports a) County No Report b) Museum Board No Report d) Roads RESOLUTION MOVED BY: Dave Mason 3 SECONDED BY: Jim Hevenor Whereas the Village of Port Burwell is in receipt of a letter dated March 30, 1995 with respect to the Transfer of Highways to the municipalities and the cessation of the Connecting Link Agreement between the Village and the Ministry of Transportation, and; Whereas the cessation of the Connecting Link Agreement for Highway No 19 is viewed as continued downloading on municipalities transferring costs and administrative burdens back to the local ratepayers, and; Whereas council, upon consultation with AMO and other municipalities, is of the opinion that there is no other option but to comply with the request from the Ministry of Transportation. The Council of the Village of Port Burwell hereby consents to the final and formal revocation of the Connecting Link Agreement as authorized by Village of Port Burwell Bylaw 374 and directs the Administrator/Clerk-Treasurer to make the necessary arrangements for the preparation of the revocation agreement. CARRIED: Tom Nesbitt e) Recreation Board Meeting with IMC consulting was held on April 12, 1995 to discuss the details of the Market Square Project. Drawings are scheduled for delivery by May 15, 1995. f) Community Policing No Report g) BTA Canoe Race format has been established and an information pamphlet and registration form is available from local businesses or from Councillor Hevenor . Sponsorship of the event is gaining momentum. 4 7. By-Law 95-16 Being a bylaw to Establish Signage within the Municipality RESOLUTION MOVED BY: Dave Mason SECONDED BY: Gord Loucks That Insofar as Bylaw 95-16 is concerned Section 5.3.1 (a) be completely removed; and 5.3.1(b) be changed from 2.0m to 1.0 m; and 5.3.1 (e) "adding without written permission by council". That a provision to include for "Sandwich Board" signs be included within the bylaw having dimensions not greater than 0.60m(base) x 0.90m in total area not blocking pedestrian traffic. UNANIMOUSLY: Tom Nesbitt, Reeve 8. By-Law 95-21 Building Bylaw RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-21, being a By-Law under the Building Code Act, 1992 respecting permits and related matters. UNANIMOUSLY: Tom Nesbitt, Reeve Bylaw Read a First & Second Time Bylaw Read a Third Time and Finally Passed 9. By-Law 95-19 - Establishing a Museum Advisory Committee RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-19, being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned 5 or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry of Recreation, Culture and Tourism. UNANIMOUSLY: Tom Nesbitt Councillor Mason cited a number of concerns and will be reviewing the By-law with the Museum Board. 10. By-Law 95-14 - Recreation Board By-Law Bylaw Read a Third Time and Finally Passed 11. Port Burwell Municipal Marina - T. Nesbitt RESOLUTION MOVED BY: Gord Loucks SECONDED BY: Dave Mason Be it resolved that Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to invite tenders from persons as follows; Ron Bradfield, Tony Lama, Jack Vince, Gordon Craig and Gordon Booth for a License Agreement operating the Marina along the Harbour Lands. Yeas Neas Dave Mason Cindy Aim Jim Hevenor Gordon Loucks Tom Nesbitt CARRIED: Tom Nesbitt, Reeve 12. 1995 Sidewalk Program - Revised RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor 6 BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-24, being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Cyril J. Demeyere & Associates for the engineering, tendering and supervision of the 1995 Sidewalk Program. UNANIMOUSLY: Tom Nesbitt, Reeve Bylaw React. a First & Second.Time Bylaw Read a Third Time and. Finally Passed 13. Gaming Control Letter - Previously Circulated Councillor Cindy Allin declared a conflict of interest on this item. Council reviewed the letter as prepared by the Administrator/Clerk-Treasurer on behalf of council and suggested that it was adequate in the format as presented. However the Administrator/Clerk-Treasurer suggested a supplement to item 1 to include issues of autonomy of boards to council with respect to these issues. 14. Review of Accounts Payable RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell approves the financial reporting and the accounts payable as amended in the amount of $15,046.37 and the cheques attached in the amount of$428.64. UNANIMOUSLY: Tom Nesbitt, Reeve 15. Old Business Tabled 16. New Business RESOLUTION 7 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor Whereas the Council of the Village of Port Burwell is desirous to ensure the effectiveness and efficiency of the Fire Protection services to the municipality, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk- Treasurer to request that the Fire Marshall's Office provide short and long term strategic planning services in concert with the Fire Chief, Administrator/Clerk- Treasurer and Council. It is further resolved that an adhoc committee of Council be formed in order to ensure all aspects as necessary of the Fire Department are addressed for the purposes of adequate fire protection considering the financial capabilities of he community. Councillors assigned to the Committee are as follows; Gordon Loucks Dave Mason UNANIMOUSLY: Tom Nesbitt, Reeve RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-23, being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Cyril J. Demeyere & Associates for the engineering, tendering and supervision of the reconstruction of Addison Street north including Tennyson, Southey, Cowper and Homer Streets. UNANIMOUSLY: Tom Nesbitt, Reeve Bylaw Read a First & Second Time Bylaw Read a Third Time and Finally Passed 18. Motion to Adjourn MOVED BY: Gord Loucks 8 Approved: May 9, 1995 _.41 00/ Thomas N•s sit Reeve Davi• 4 ree Ad f istrator/Clerk-Treasurer 9 Village of Port Burwell Minutes Special Council Meeting r s _ 1. May 1, 1995 7:30 p.m. Municipal Offices Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer, Secretary/Bookkeeper I Guests: Allan Spicer, Mario Chirico Call Meeting to Order 7:30 pm Declaration of Conflict of Interest None 1. Old Business from April 25, 1995 Council Meeting Councillor Hevenor inquired regarding budget provisions with respect to tree planting in the community. The concerns was to have approximately$1,000 available to purchase and plant trees. The Administrator/Clerk-Treasurer identified that the budget in its current state had provision within the capital beautification for$1,000 worth of trees. Councillor Mason was concerned for the appearance of the street lights on the County Road #42 Bridge which are currently rusty. The Administrator/Clerk-Treasurer identified that new poles and lights have been in the capital budget for the past two years and have been previously deferred to future years. The poles and lights have again been included in the 1995 capital for councils consideration. The Administrator/Clerk-Treasurer presented a proposed letter and resolution to council with regard to acquiring the lands for a nominal fee located at the intersection of County Road #42 and Chatham Street described as Register Plan 12, Lot 10. A program of improvement in this area is underway inclusive of sidewalks and the monies would be spent on County property. Further to this matter the land in the informal opinion of County Engineer is surplus and the County would not be willing to spend any monies on the clean up effort or maintenance of these lands. 1 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: David Mason WHEREAS the upon the realignment of County Road #42 in 1962 certain lands owned by the County of Elgin within the Village of Port Burwell described as Registered Plan 12, Lot 10, Village of Port Burwell, formerly Township of Bayham, no longer were longer used in conjunction with the County Road system, and; WHEREAS since the previously said construction project County Road #42 the municipality of the Village of Port Burwell has under taken to keep these land clean and clear complying with local property standards bylaws, and; WHEREAS during 1994 the Village of Port Burwell invested significant monies in order to provide street lights on and around these lands for the safety pedestrians and motorists, and; WHEREAS sidewalks are to be constructed in this area to enable a route for safe travel to parklands and other areas of the community, and; WHEREAS the municipality has already spent in the past significant time and money on these lands on behalf of the County of Elgin to maintain the property in accordance to local bylaws, and; WHEREAS the municipality has embarked upon a program improve and beautify the community inclusive of converting the existing County lands to a park area for the development of a demonstration project for a Carolinian forest in concert with the Backus Conservation area, and; WHEREAS the effort and cost of this project should remain in the credit and possession of the municipality. THE COUNCIL OF THE VILLAGE OF PORT BURWELL HEREBY REQUESTS forthwith, that the County of Elgin give special consideration to the sale of lands known as Registered Plan 12, Lot 10, Village of Port Burwell, formerly Township of Bayham to the Corporation of the Village of Port Burwell for a nominal sum of money. The sale is in considering of the care, effort, past cost and future cost of projects by the Village of Port Burwell as previously described in order that these lands can be finally developed for the benefit of the community. The municipality will pay all costs for the transfer of the property including a legal survey. 2 UNANIMOUSLY: Tom Nesbitt RESOLUTION Councillor Mason was concerned for the basis for billing 21 Brock Street considering previous discussions and motions of council in this matter. It was the position of Councillor Mason that there are only 9 units in 21 Brock and therefore should be billed accordingly. Councillor Hevenor asked the Administrator/Clerk-Treasurer if any of the details have changed since Mr. Chirico requested from relief utility the billing for 1993, 1994 and 1995. The Administrator/Clerk-Treasurer identified that no information was presented or within the municipal offices which would warrant a change the billing practices for this specific site. The Assessment Office had in sent information in February 1995 which further supports the position of Council in this matter. MOVED BY: Dave Mason SECONDED BY: Gordon Loucks Whereas the Rise of Port Burwell is presently being charged for 18 water meters. And whereas the building permit for this rental building indicated that there are nine units. And whereas there is singed evidence that the lessees are renting both the upper and lower floor of each unit for their personal use. And whereas a person can go from the upper floor to the lower floor without going outside. BE IT RESOLVED, the Council of the Village of Port Burwell hereby enter into discussion at a time decided by Council towards amending the previous resolution pertaining to this matter that the Rise of Port Burwell will be charged for 18 water meters. Yeas Neas G. Loucks C. Allin Dear. Mason J. Hevenor T. Nesbitt 3 CARRIED: Tom Nesbitt, Reeve Tenders for the "Clearing and Grubbing" of the Centennial Park area for the new baseball diamond and parking area where opened. Results Laemers Trucking Limited $12,803.00 Van Gorp Drainage Ltd. $13,910.00 Council has referred the tenders to the Recreation Committee for their advice in prior to making any further decisions in this matter. 2. Village of Vienna Letter dated April 21, 1995 A return response was prepared by the Administrator/Clerk-Treasurer with respect to a letter from the Village of Vienna considering sewage treatment capacity for Vienna considering their application for a sewage system for their municipality. Council requested more time to review the proposed response prior consenting to sending the letter. 3. 1995 Budget Review - Expenditures a) Fire Protection -Memo D. Free previously circulated Budget amendments as presented adopted by council b) Water/Sewer System - Infouniation previously circulated The Administrator/Clerk-Treasurer provided a detailed report on a new billing system which would reduced the rate structure for the municipality employing a full consumption billing system with minimum billing. The new billing system presented included for mandatory connection for persons and businesses who have reasonable cost effective access to the system. The rate system continues a strategy of system rehabilitation while expanding the municipal service area. The rate structure is as follows; 4 1995 User Rates Single Family Dwelling Units, Commercial Customers,Apartments and Mobile Homes Water $0.90 per cubic meter or$9.00 per month per dwelling unit minimum bill Sewer $1.25 per cubic meter of water used or$21.00 per dwelling unit per month minimum bill Trailer Parks Water $0.90 per cubic meter with$4.50 per month per trailer minimum bill Sewer $1.25 per cubic meter of water used or$10.5 per month per trailer minimum bill Campgrounds Water $0.90 per cubic meter or$2.25 per month per site per month minimum bill Sewer $1.25 per cubic meter of water used or$5.25 per month per site minimum bill * * Sewage Charges applied only if there is a direct connection to the property servicing 1 or more camp sites 4. Capital Program a. Recreation No Change b. Fire Department No Change c. Transportation- $100,000 removed from program considering reduced funding from MTO. d. General Government - $2,000 allocated to new signs for the Village as per Councillor Mason's request and $3,000 allocated for new street signs. e. Museum- all Capital expenditures are removed. f. Water System -new hydrants included at a cost of$8,000 to place in strategic locations in the community for improved fire protection. 5 g. Sewer System- Sewers extension into Libbye Avenue at a cost of$45,000 was removed from the budget. 5. Motion for Adjournment Jim Hevenor Approved: May 9, 199 Thomas N- .itt Reeve AO/ David Admi stratorr/Cleriz-Treasurer 6 Village of Port Burwell Minutes Council Meeting May 9, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Henry Vallis and Jim Reynolds Call Meeting to Order Declaration of Conflict of Interest None. 1. Adoption of Minutes of Regular Council Meeting dated April 25, 1995 RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the April 25, 1995 Regular Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve Reeve Nesbitt requested that the Procedural bylaw be revisited to changing the limit of Regular Council Meetings to a time no later than 10:30 pm. 2. Business arising from Minutes of meeting dated April 25, 1995 None 3. Adoption of Minutes of Special Council Meeting dated May 1, 1995 RESOLUTION 1 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the May 1, 1995 Special Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 4. Business arising from Minutes of special meeting dated May 1, 1995 None 5. By-Law 95-13 - Sewer &Water Rates By-Law RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce Bylaw 95-13 Being a by-law to set water and sewer user rates in the Village of Port Burwell for the fiscal year of 1995 UNANIMOUSLY: Tom Nesbitt, Reeve Bylaw Read a First and Second Time Councillor Mason expressed concern with regard to phase in the new sewer and water rates as it will be a strenuous financial burden to existing businesses. Councillor Loucks and Allin expressed that the proposed system is fair and it is a user pay system and businesses are not an exception. Bylaw Read a Third Time and finally passed. 6. Correspondence a) Canada Infrastructure Works - News Release Received and Filed. 2 b) Municipal Alert - Transfer of Provincial Highways Received and Filed. c) AMO - Election Update Received and Filed. d) Southwestern Ontario Travel Association - Ontario Tourism Council Received and Filed. e) The Public Sector Labour Market & Productivity Commission - Update on the Training for Workplace Innovation Program Received and Filed. f) Ministry of Finance - Ontario Government's Document Plan Received and Filed. g) Corporation of the Township of Maidstone Request for Resolution of Support - Fee for Supplementary Assessments Received and Filed. h) The Premier of Ontario - Ontarians Expect Fairness From the Federal Government Received and Filed. i) Ministry of Municipal Affairs - Sharing Planning &Planning Administration Successes with other Municipalities Received and Filed. j) Ministry of Housing - Non-Profit Sponsor Groups in Southern Ontario Received and Filed. 3 k) Certified Auctioneers Inc. -Annual Public Auction Received and Filed. 1) International Great Lakes St. Lawrence Mayors' Conference Received and Filed. m) LPRCA - Full Authority Minutes Received and Filed. n) Ball Packaging Products Canada Inc. - Environmental Levy Received and Filed. 7. Committee Reports a) County Reeve Nesbitt identified that the there are amalgamation proceedings between St Thomas Library and the County Library system. 911 and Municipal Addressing standardization is progressing. b) Museum Board RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Museum Board minutes of the meeting dated April 4, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business arising from Minutes of meeting dated April 4, 1995 None. 4 c) Community Policing No Report d) Roads RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Roads Committee minutes of the meeting dated April 5, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business arising from Minutes of meeting dated April 5, 1995 Councillor Mason inquired with regard to using reclaimed asphalt on some roads. Councillor Allin identified that the reclaimed asphalt was not a viable alternative. Councillor Mason was concerned for dust control on Elizabeth Street and suggested that the street be resurfaced with tar and chipped. No resolution to this matter. e) Recreation Board RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Recreation Board minutes of the meeting dated March 22, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business arising from Minutes of meeting dated March 22, 1995 5 Meeting is to be held with regard to the Market Square Project and May 13, 1995 7:30 with IMC Consultants. At 9:00 is the annual Spring Clean up. Walk in the Park is scheduled for May 16, 1995 starting at 1:00 pm at the Centennial Park Booth. There are 18 children enrolled in the new local soccer organization. f) BTA The BTA will be getting its own liability insurance for the various events. Councillor Hevenor brought forward a concern expressed by the Legion for the new Nevada License fees. The Farmers/Flee market is to start May 20, 1995. 8. Pay Equity Plan 1990 and 1995 RESOLUTION MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor WHEREAS the requirements of the Pay Equity Act RSO 1990, c. P. 7 requires all municipalities to develop and subsequently post a pay equity plan for the employees of the municipality, and; WHEREAS the Council of the Village of Port Burwell commissioned Personnel Management Associates to provide a pay equity plan for 1990 and 1995 considering Provincial Legislation, and; WHEREAS the plan has now been developed and upon review of the contents thereof appears to be fair and reasonable further supported by the recommendations of the Administrator/Clerk-Treasurer. BE IT RESOLVED THAT THE COUNCIL OF THE VILLAGE OF PORT BURWELL hereby formally accepts the pay equity plan as presented and directs the Administrator/Clerk-Treasurer to post the plan in accordance to the requirements of the legislation. Upon the completion of the 90 day appeal period and considering no appeals to the pay equity plan as posted or formal receipt of acceptance of the pay equity plan by those employees affected, Council directs the Administrator/Clerk- Treasurer to provide retroactive adjusting remuneration to employees in accordance to the details of the plan forthwith. 6 UNANIMOUSLY: Tom Nesbitt, Reeve 9. By-Law 95-16 Being a bylaw to Establish Signage within the Municipality Tabled with recommended changes. 10. Port Burwell Community Improvement & Recreation Society RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason WHEREAS the Port Burwell Community Improvement and Recreation Society (PBCIRS) has made application for a Break Open Ticket License to be operated within the municipality, and; WHEREAS the Ministry of Consumer and Commercial Relations has expressed concern for the operation of the Port Burwell Recreation Board carrying a Break Open Ticket Licence, and; WHEREAS the efforts and spirit of the Recreation Board are to be continued by the PBCIRS as identified in the constitution so passed April 27, 1995, and; WHEREAS monies previously collected by the Recreation Board shall be dedicated to the program and efforts as established by the Port Burwell Community Improvement and Recreation Society. THE COUNCIL OF THE VILLAGE OF PORT BURWELL with the authority as granted by the Provincial Order in Council 2688/93 to the Port Burwell Community Improvement and Recreation Society authorizing a Break Open Ticket license upon receipt of consent from the Gaming Control Commission with respect to the letter licensing activities of the municipality. Defeated More information is required by council before the application will be considered. 11. Burning Bylaw 95-22 - Previously Circulated RESOLUTION 7 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-22, being a by-law for prescribing the time for setting fires in the Village of Port Burwell and the precautions to be observed. UNANIMOUSLY: Tom Nesbitt, Reeve Bylaw Read a First and Second Time Bylaw Read. a Third Time and finally passed. 12. Proposed Letter Clearinpar - Previously Circulated Council directed the Administrator/Clerk-Treasurer to forward the letter in its current format. 13. Letter G. Craig 1994 Wharfinger Expenses Tabled. 14. Gaming Control Letter - Previously Circulated Received and Filed 15. Review of Accounts Payable RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwell approves the financial reporting and the accounts payable as amended in the amount of $18,514.46, the cheques attached in the amount of$10,641.10 and payroll in the amount of$12,285.72. UNANIMOUSLY: Tom Nesbitt, Reeve 16. Review of Financial Reporting 8 Received and Filed. 17. Old Business Council directed the Administrator/Clerk-Treasurer to forward the letter to Village of Vienna as circulated. 18. New Business The tenders for the license agreement to operate a Marina within the "Big Otter Creek"basin were opened for Council to consider, and the results were as follows; Bradcranex $3,000.00 Certified Cheque Received Bradcranex agreed to all terms of the license agreement however, requested that the first $2,500.00 installment be deferred to June 1, 1995. All insurance matters and Workers Compensation issues have been met. Gordon Craig $3,000.00 Bank Draft provided Gordon Craig agreed to all terms of the license agreement and agreed to an additional $1,000.00 payment for August 1, 1995. All insurance matters have been met. RE SOLUTION MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor Whereas the Council of the Village of Port Burwell has reviewed the Marina Licence tenders as submitted by Bradcranex in the amount of$5,000.00 and Gordon Craig in the amount of$6,000.00. The Council of the Village of Port Burwell hereby offers the license for the 1995 season to Gordon Craig for the operation of the Marina located within the Big Otter Creek Basin subject to the terms of the tender with the option to renew for the 1996 season. UNANIMOUSLY: Tom Nesbitt, Reeve 19. Committee of the Whole None. 9 20. Motion to Adjourn MOVED BY: Jim Hevenor Approved: May 23, 1995_ - - ej>7 '; Ate Tom Nesbi Reeve Da '.� ree Adm' istrator/Clerk-Treasurer 10 Village of Port Burwell Minutes Council Meeting May 23, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Norm & Neva Barber and Ruth Booth Call Meeting to Order Declaration of Conflict of Interest Councillor Allin declared a conflict on item #9 of the agenda 1. Adoption of Minutes of Regular Council Meeting dated May 9, 1995 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the May 9, 1995 Regular Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated May 9, 1995 Councillor Hevenor expressed concern with regard to insurance for BTA events. Difficulty has been encountered with regards to attempting to acquire insurance, not only for the Canoe Race but also for the proposed "Flea Market". 3. Closing of Recreation Board Bank Account RESOLUTION MOVED BY: Cindy Allin 1 SECONDED BY: Dave Mason Whereas the Council of the Village of Port Burwell has dissolved the Port Burwell Recreation Board replacing it with the Recreation Advisory Committee, and; Whereas the municipality has funded the Recreation Board during the fiscal year of 1995 with$1,000.00 to cover operating expenses. The Council of the Village of Port Burwell hereby directs the Administrator/Clerk- Treasurer to close the Recreation Board Operating Account at the Port Burwell CIBC transferring all residual monies to the Municipality's General Operating Account. UNANIMOUSLY: Tom Nesbitt, Reeve 4. By-Law 95-25 - 1995 Annual Estimates RESOLUTION MOVED BY: Gord Loucks SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-25, being a By-Law to adopt the current estimates and strike the interim levies and rates of taxation for the year 1995. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 5. Delegations Green Acres - Norm & Neva Barber - 1995 Water and Sewer Rates Mr. Barber expressed that with respect to the 1995 water/sewer rates, his operation should be treated as business. Mr. Barber also commented that the current water and sewer rate system is unfair and should be revised. 2 6. Hagermann/Memorial Trailer Park Stairway - Property Damage/Vandalism Council directed the Administrator/Clerk-Treasurer to have the stairs removed. Memos from the Chief Building Official and the Administrator/Clerk-Treasurer received and filed. 7. Correspondence a) Donations of Historical Documents H. O. Alward (former Councillor and Reeve Village of Port Burwell) - Letter May 11, 1995 - Glenn Alward Received and Filed. b) Optimist Club of OtterValley/Port Burwell Optimist Involvement in "Tub Daze" Weekend c) LPRCA- New Forest Management Agreement and Procedures Received and Filed. d) Dr. Leatherdale - Thank-You Letter Received and Filed. e) Gordon & Ruth Booth - Water/Sewer Billing 18 - 20 Robinson Street Mrs. Booth expressed concern with regard to their water billing system. 8. Committee Reports a) County An Occupational Health & Safety presentation was made and the effect on the municipality will be significant (information to follow). Bobier Home drawings have been completed. The estimated project cost of $4.9 Million. The Municipal addressing employee has been hired for the County. 3 b) Museum Board The Lighthouse was open during the weekend of May 20, 21 and 22, 1995 and there was an overwhelming attendance. Tony Lama and Gloria Stephenson are to receive 5 year volunteer awards. c) Community Policing No Report d) Roads No Report e) Recreation Advisory Committee The next meeting is to be held on May 24, 1995. Plans have been presented by IMC Consulting for the Market Square Project. Tendering for the play area is to be complete by the end of June. Councillor Mason would like to make a presentation with regard to a proposed "Colonel Burwell Daze" event. f) BTA Liability Insurance is an issue with regards to the Flea Market. 9. Bylaw 95-27 Being a bylaw to authorize an Agreement with Higgs & Higgs Incorporated RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-27, being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Higgs & Higgs Incorporated for the removal of bottom material from within the Big Otter Creek. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time 4 By-Law Read a Third Time and Finally Passed. 10. By-Law 95-16 Being a bylaw to Establish Signage within the Municipality By-Law Read. a Third Time and Finally Passed. 11. Port Burwell Community Improvement & Recreation Society - Request for Lottery License - Letter dated May 4, 1995 RE SOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor WHEREAS the Port Burwell Community Improvement and Recreation Society (PBCRIS) has made application for a Break Open Ticket License to be operated within the municipality, and; WHEREAS the Ministry of Consumer and Commercial Relations has expressed concern for the operation of the Port Burwell Recreation Board carrying a Break Open Ticket License, and; WHEREAS the efforts and spirit of the Recreation Board are to be continued by the PBCRIS as identified in the constitution so passed April 27, 1995, and; WHEREAS monies previously collected by the Recreation Board shall be dedicated to the program and efforts as established by the Port Burwell Community Improvement and Recreation Society. THE COUNCIL OF THE VILLAGE OF PORT BURWELL with the authority as granted by the Provincial Order in Council 2688/93 to the Port Burwell Community Improvement and Recreation Society authorizing a Break Open ticket license upon receipt of consent form the Gaming Control Commission with respect to the Lottery Licensing activities of the municipality. UNANIMOUSLY: Tom Nesbitt, Reeve 12. Secondary Water System Intermunicipal Agreement/Surplus Funds RESOLUTION 5 MOVED BY: Gord Loucks SECONDED BY: Cindy Allin Whereas the Village of Port Burwell has long realized the benefit to proper environmental systems inclusive of water supply and sewage treatment, and; Whereas the Village of Port Burwell after many years of political effort subsequently acquired a sewage treatment facility in 1987 for the municipality as a continuation of its concern for the environment and to provide urban services for the ratepayers, and; Whereas the Village of Port Burwell initiated the supply of water to the East Area and specifically to Port Burwell and subsequently had the water distribution system installed in 1968, hereinafter referred to the Secondary System Project, and; Whereas the Village of Port Burwell through intermunicipal agreements fostered by the Ontario Water Resources Commission and subsequently the Ministry of the Environment has been the largest contributor to the capital cost of the Secondary System supplying water from the East Elgin Treatment Plant to Port Burwell, Vienna, Bayham Township and Malahide Township, and; Whereas since the construction of the water line and the development of the financial arrangements of the Secondary System a surplus has accumulated in the amount of $92,793.92 as at December 31, 1994, and; Whereas on the basis of supply and the existing contribution agreements Port Burwell has provided through water rates to the Ministry of Environment an average of approximately 45% over 20 years of the previously said amount, and; Whereas the Province of Ontario has within its financial control the surplus to be informally "ear marked" towards the stabilization of rates and future capital replacement cost of the water systems. The Council of the Village of Port Burwell hereby requests that the surplus be released to the contributing municipalities as proportionally contributed. Council further requests that a local levy be rendered to municipality on behalf of the connecting users considering the capital cost of the Secondary and any future expansion or capital replacement/repairs of the system which may be required. It is further recommended that 25% of the local levy be returned to the municipalities which have in the past contributed to the capital cost of the Secondary System proportionally as paid for in the past. It is further recommended that the Ontario 6 Clean Water Agency be permitted to recover 25% of the local levy considering past capital contribution for the system. UNANIMOUSLY: Tom Nesbitt, Reeve 13. Tax Exemption Elgin County School Board RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor Whereas the Village of Port Burwell has entered into a lease under the authority of Bylaw 92-02 with 345990 Ontario Limited with regard to the use of lands for recreational purposes and facilities, and; Whereas the said lease commenced in years prior to 1994 and continues through to 1995 for the land use purposes previously described, and; Whereas the Municipal Act RSO, 1990 c. M.45, s 210.1 p.(2) as amended states as follows; The council of a municipality may enter into agreements for the provision of municipal capital facilities by any person, and; Whereas the Municipal Act RSO, 1990 c. M.45 s 210.1 p.(7) further states; Despite any Act, the council of a municipality may exempt from taxation for municipal and school purposes land or a portion of it on which municipal capital facilities are or will be located that, (a) is the subject of an agreement under subsection (2); (b) is owned or leased by a person who has entered an agreement to provide facilities under subsection (2); and (c) is entirely occupied and used or intended for use for a service or function that may be provided by a municipality. The Council of the Village of Port Burwell hereby claims exemption from Public School taxes for this land in accordance to the calculations as provided within the attached Schedule"A" forming part of this resolution. The Council also requests that the credit be applied to its account with the school boards considering the previously said. 7 UNANIMOUSLY: Tom Nesbitt, Reeve 13. Bylaw 95-19 Being a bylaw to Establish the Port Burwell Historical Advisory Committee - By-law Previously Introduced By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 14. Bylaw 95-26 Bylaw to authorize a License Agreement with Gordon Craig RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-26, Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a licence agreement with Gordon Craig to operate a marina. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 15. Lease of Museum Property - Letter and Invoice Bradcranex An invoice for the rental of property adjacent to the Lighthouse was received for consideration. The Administrator/Clerk-Treasurer identified that there is no executed agreement on file. A request was made to Mr. Bradfield to provide a copy of a binding agreement in order that council could consider payment. Further to this matter the Administrator/Clerk-Treasurer suggested that the future lease for both the land within the Big Otter Creek and the lease of lands for the museum reflect an amount which would not be financially encumbering either on the municipality or Bradcranex. 16. Bylaw 95-28 Being a bylaw to Borrowing Monies for 1995 Capital Projects RESOLUTION 8 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-28, being a by-law to authorize the long term borrowing of an amount of money not to exceed $238,951.00 towards the cost of certain capital projects. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 17. Review of Accounts Payable RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell approves the accounts payable as amended in the amount of$29,744.02 and the cheques attached in the amount of$516.66. UNANIMOUSLY: Tom Nesbitt, Reeve 18. Old Business Councillor Loucks identified that the East Beach stairs are broken and need repair. 18. New Business Councillor Mason identified a parking problem on Robinson Street during the weekend and requested more parking signs. Although a pleasant problem, Council recognized the problem suggesting signage for the Museum parking lot as a designated Municipal parking lot. The 1994 financial reporting was presented to council. Redfern, Moore & Company are to present the management letter at a future date. 9 RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor WHEREAS the Port Burwell Baseball Association has been recently established to provide organization and recreation to the children of the Village of Port Burwell and the surrounding area, and; WHEREAS the Port Burwell Baseball Association obtains the majority of its operating revenue from registration fees and donations from the Recreation Board, and; WHEREAS the donations from the Recreation Board for 1995 have been delayed beyond the control of the Board, and; WHEREAS monies are immediately required for the operation of the Baseball Association. The Council of the Village of Port Burwell hereby agrees to provide bridge financing in the amount of $3,000.00 to be returned to the municipality no later than December 31, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve 19. Committee of the Whole RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole appointing Chairperson, Gord Loucks. UNANIMOUSLY: Tom Nesbitt, Reeve RESOLUTION MOVED BY: Jim Hevenor 10 SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Gordon Loucks 20. Motion to Adjourn MOVED BY: Gord Loucks Approved: June 13, 1995 .moiVii1 Tom esbitt Reeve Da . . ree Ad nistrator/Clerk-Treasurer 11 Village of Port Burwell Minutes Council Meeting June 13, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin (did not arrive until 8:10 pm) Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Brian Budarick- Redfern, More & Company, Sam Taylor, George Allan, Ruthann Henry, Gordon.Craig, Bertha Breen, Richard Breen, Allan Foster and Mario Chnico Call Meeting to Order Declaration of Conflict of Interest Councillor Allin Conflict on item 8 (b � � J' t p.' 1. Adoption of Minutes of R uld III )ciL'i'I u dated ay 23, 1995 RE SOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the May 23, 1995 Regular Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated May 23, 1995 None 3. Committee of the Whole RESOLUTION 1 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole appointing Chairperson, Gard Loucks. UNANIMOUSLY: Torn Nesbitt, Reeve MOVED BY: Tom Nesbitt SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Gordon Loucks 4. Correspondence a) Ministry of the Environment&Energy- 1995 Course Offerings (File #46 '" °: 44 y:9_ .,� l ii li .._ Received and Fil"e"d. " " b) Ontario Sewer and Watermain Construction Association (File #1155) Received and Filed. c) Ontario Municipal Recreation Association (File #450) Received and Filed. d) Ministry of Northern Development and Mines (File #1156) Received and Filed. e) SWOTA- Brochure Distribution (File #454) Received and Filed. f) Ministry of Culture, Tourism and Recreation - Bill 163 (File #482) 2 Received and Filed. g) Municipal Finance Officers'Association of Ontario (File #1032) Received and Filed. h) Eagle's Eye - Toxics from Sewage Treatment Plants (File #1155) Received and Filed. i) Town of Newmarket- Gasoline Tax, Municipal Road Maintenance RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Cindy Allan Be it resolved that the Council of the Village of Port Burwell hereby supports the Town of New Market resolution dated May 1, 1995 regarding Municipal Road Maintenance and the Gasoline Tax allocation by `` e nC U A: IM " 'IY: oim Nesbi , Reeve j) Town of Newmarket- Division Registrar Duties - (File #545) Received and Filed. k) County of Elgin - Road Allowance (File#2115) 1) Gidgit Robinson - Canada Day 1995 (File #953) Received and Filed in) Ministry of Citizenship - Senior's Month (File #2035) Received and Filed. 5. Delegations Allan Spicer& George Allan (File #598) 3 George Allan expressed concern and disdain as a private citizen with regards to the newly erected fence adjacent to the Breen property located at 34 Pitt Street. Mrs. Breen spoke of her concern with regard to right of access to her property considering her families special needs. 6. Committee Reports a) Fire Department Fire Chief Tom Millard and Deputy Fire Chief Sam Taylor expressed concern with regard to the 1995 budget having operating inadequate funds to fix the 1975 fire truck. Other concerns were expressed with regards to other budget items and categories with respect to the 1995 operating and capital budget. Reeve Nesbitt requested clarification of the matter from the Administrator/Clerk-Treasurer however, was informed that he was not prepared to discuss the matter considering lack of information and significant discrepancies in chronology of events leading up to the concerns of the Fire Chief and Deputy Fire Chief. �: r Reeve Nes tt ep ked tya nw dr us-d truck may be required considering that the 1 7d tri clz'emay inot''be repairable. He also identified that the requirements of the fire department may not attainable within the limited tax funds available to the municipality otherwise a significant tax increase would be required which council could not support. Reeve Nesbitt suggested that a budget review may be required. b) County Library amalgamation discussions are continuing between the County and the City of St Thomas. c) Museum Board Adoption of Minutes of Board Meeting dated May 2, 1995 RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor 4 BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Museum Board minutes of the meeting dated May 2, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business arising from Minutes of meeting dated May 2, 1995 Councillor Mason requested minor amendments to bylaw 95-19. The Administrator/Clerk-Treasurer is to review the requested changes. Councillor Mason presented a list of renovations to the Museum and the Lighthouse to be considered immediately. Councillor Mason requested through a memo to Council that another per on by hired to staff the lighthouse during the summer months. Concern was expressed with regard to the cost of this endeavor considering the budget was only passed two weeks ago. The cost and benefits are to reviewed before the June 27, 1995 Regular Council meeting for a final dispositon in the matter. d) Community P- c_114'''i 4 ?q-jr' ' No Reportl .... . ia>-..k? 3a_._ ... p` e) Roads CouncillorAllin expressed concern for the condition of the Newton and Brock Street and the information has been referred to the Public Works staff for an action plan. Information was received with respect to "Tar & Chip" in the amount of $8,000/km. This cost is based on a large quanitity of work and therefore will likely not be applicable for Port Burwell purposes. A review by the Public Works department is to be completed. f) Recreation Board Adoption of Minutes of Board Meeting dated April 26, 1995 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks 5 BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Recreation Board minutes of the meeting dated April 26, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business arising from Minutes of meeting dated April 26, 1995 None. g) BTA The Park Tabloid has been published. The Village Yard Sale is to be held June 17, 1995. The Robinson Street rear lot clean up program is progressing with the assistance of summer landscape architecture student Rutbanne Henry. 7. Garbage Collection - T. Nesbitt The Administrator/Clerk-Treasurer identified that the Green Lane Environmental Quotation was requested with respect to additional garbage pick up in the community. Thequotationbas ogee' reeive - ,y__ .-,., p'I Gordon Craig, ' di'Fos' erg ai & I�'P'a id Chirico local business operator along the Robinson addressed council through a letter with respect to the need for additional garbage pickup expressing the desperate situation. The Reeve directed the Administrator/Clerk-Treasurer to look a possible cost effective solutions to this matter considering budget restaints however, possible cost sharing by the local businesses. 8. Lottery License Applications -Memo D. Free Received and Filed 9. Bylaw 95-29 Being a Bylaw to regulate the Maintenance of Boulevards Tabled. 10. Gordon Craig Invoice and letter dated April 25, 1995 Gordon Craig in attendance at the meeting rescinded bis invoice dated April 25, 1995 in the amount of S423.00 for insurance costs for 1994 and 1995. Council unilaterally accepted the Mr. Craigs offer. 6 11. Summer Meeting Schedule RE S OLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason The Council of the Village of Port Burwell hereby agrees to hold Council Meetings on July 6, 1995 and August 8, 1995 cancelling all other regularly scheduled Council Meetings during July and August, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve 12. Closing Bank Account Port Burwell Historical Board RESOLUTION MOVED BY: Dave Mason SECONDED BY: Gordon Loucks Whereas the Co . :cil e yilla f of ortNi--,;z11 has dissolved the Port Burwell Museum Board re cn i th e euro A _ ' ory Committee, and; Whereas the municipality has funded the Museum Board during the fiscal year of 1995 with$1,000.00 to cover operating expenses. The Council of the Village of Port Burwell hereby directs the Administrator/Clerk- Treasurer to close the Museum Board Operating account at the Port Burwell CIBC, reimburse the municipality $1,000.00 and then transfer all residual monies to an account established by the newly formed Port Burwell Museum Society. UNANIMOUSLY: Tom Nesbitt, Reeve 13. Building/By-Law Reports Received and Filed. 14. Review of Financial Reporting Received and Filed. 15. Review of Accounts Payable 7 UNANIMOUSLY: Toni Nesbitt, Reeve RE SOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-20, being a by-law to establish a procedure governing the sale of real property. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. RESOLUTION MOVED BY: DeI ,i - ''''''4. '-^ ,_:� nSECONDED B ' Je ox41. BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-31, being a by-law to authorize the Reeve and the Admi_nietrator/Clerk-Treasurer to enter into an agreement with J. Franze Limited for the construction of sidewalks within the Village of Port Burwell. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 18. Motion to Adjourn MOVED BY: Dave Mason 9 RE SOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell approves the financial reporting and the accounts payable as amended in the amount of$39,084.89 and the payroll in the amount of$12,759.00. UNANIMOUSLY: Tom Nesbitt, Reeve 16. old Business Councillor Allin expressed concern with regards to planting of flowers at the intersection of County Road #42 and Chatham Sheet. Council Hevenor supported the Administrator/Clerk-Treasurer's suggestion that input from the Landscape Architect Rutbanne Henry was required before the planting would commence. 17. New Business t 4 ;'N 4'S� ',- ..a i r Appointment of 1 .�95 u s tOrrs t . 1.-1 ...: End-..%... ..�A......L ....L RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor The Council of the Village of Port Burwell hereby agrees to appoint Doane Raymond, formerly Redfern, More &Company as the auditors for the fiscal year of 1995. UNANIMOUSLY: Tom Nesbitt, Reeve RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks The Council of the Village of Port Burwell hereby adopts the Ontario Home Renewal Plan financial statements for the year 1994 as submitted by Redfern, More &Company. 8 FAX NOTE As a continuing effort for open local government "DRAFT" minutes have been provided to the local media. Caution must be exercised in use of the minutes as they are draft and will not recieve final approval until June 27, 1995 at the regular council meeting. If you should have any questions please feel free to call the Reeve or the Administrator/Clerk-Treasurer with specific items of interest, David R. Free tiS (001 Administrator/Clerk-Treasurer J 111 ' P 0 �ib totrfp -, ) tiv CO uc N1)/ ./ /\ A S' / /00 To: Allan Spicer From : David Free Pages: 10 For Information Call: David Free At: 519 874 4343 Fax Number : 519 874 4948 DF PORT86 � THE CORPORATION OF THE S=S VILLAGE OF PORT BURWELL ;=0 P. O. Box 10, Port Burwell, Ontario NOJ ITO 'ai71 telephone (519) 874-4343 • fax (5 I9) 874-4948 filA,`Faiftsh 'ORTUS REFUGV Memo To: Council From: D. Free Re: Draft Minutes Date: July 4, 1995 I have previously circulated a package which identifies draft council minutes of which I have on one occasion circulated to the media for their information. This package accomplishes a number of things: 1. Provides a summary of results to the media if indeed they are interested in certain issues in Port Burwell. 2. Alleviates workloads with regards to discussions and provides some degree of clarification with regards to activity at the Council Meeting even though the press may not have attended. 3. Shows a large degree of cooperation of our municipality with the local press. 4. As close as anything clarifies the activities at the Council Meeting without controversy. As a downside Council has not had an opportunity to review the minutes, of which they could request amendments. As long as Council is satisfied with the general format of the minutes, no problems should exist except on controversial items, at which time Council could request that the minutes not be forwarded until they are reviewed and passed accordingly. I request that Council review this practice and provide their further direction in this matter. David Free David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer Village of Port Burwell Minutes Council Meeting June 13, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin (arrived 8:10 pm) Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Brian Budarick - Redfern, More & Company, Sam Taylor, George Allan, Ruthanne Henry, Gordon Craig, Bertha Breen, Richard Breen, Allan Foster and Mario Chirico Call Meeting to Order Declaration of Conflict of Interest Councillor Allin Conflict on item 8 (b) 1. Adoption of Minutes of Regular Council Meeting dated May 23, 1995 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the May 23, 1995 Regular Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated May 23, 1995 None 3. Committee of the Whole RESOLUTION 1 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole appointing Chairperson, Gord Loucks. UNANIMOUSLY: Tom Nesbitt, Reeve MOVED BY: Tom Nesbitt SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Gordon Loucks 4. Correspondence a) Ministry of the Environment & Energy - 1995 Course Offerings (File #462) Received and Filed. b) Ontario Sewer and Watermain Construction Association (File #1155) Received and Filed. c) Ontario Municipal Recreation Association (File #450) Received and Filed. d) Ministry of Northern Development and Mines (File #1156) Received and Filed. e) SWOTA - Brochure Distribution (File #454) Received and Filed. 2 f) Ministry of Culture, Tourism and Recreation - Bill 163 (File #482) Received and Filed. g) Municipal Finance Officers'Association of Ontario (File #1032) Received and Filed. h) Eagle's Eye - Toxics from Sewage Treatment Plants (File #1155) Received and Filed. i) Town of Newmarket - Gasoline Tax, Municipal Road Maintenance RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin Be it resolved that the Council of the Village of Port Burwell hereby supports the Town of New Market resolution dated May 1, 1995 regarding Municipal Road Maintenance and the Gasoline Tax allocation by the province. UNANIMOUSLY: Tom Nesbitt, Reeve j) Town of Newmarket - Division Registrar Duties - (File #545) Received and Filed. k) County of Elgin - Road Allowance (File #2115) The County of Elgin requested that a legal survey be prepared prior to the closure of Bridge Street. The Council directed the Administrator/Clerk-Treasurer to engage the services of an Ontario Land Surveyor in complying with the request of the County in order that these lands be turned over to the municipality. 1) Gidgit Robinson - Canada Day 1995 (File #953) Received and Filed 3 m) Ministry of Citizenship - Senior's Month (File #2035) Received and Filed. 5. Delegations Allan Spicer & George Allan (File #598) George Allan expressed concern and disdain as a private citizen with regards to the newly erected fence adjacent to the Breen property located at 34 Pitt Street. Mrs. Breen spoke of her concern with regard to right of access to her property considering her familiesspecialneeds. Reeve Nesbitt expressed his appologizes for the Breen's situation but stated that Council could not be involved in this matter. 6. Committee Reports a) Fire Department Fire Chief Tom Millard and Deputy Fire Chief Sam Taylor expressed concern with regard to the 1995 budget having inadequate operating funds to fix the 1975 fire truck. Other concerns were expressed with regards to other budget items and categories with respect to the 1995 operating and capital budget. Reeve Nesbitt requested clarification of the matter from the Administrator/Clerk-Treasurer however, was informed that he was not prepared to discuss the matter considering lack of information and significant discrepancies in chronology of events leading up to the concerns of the Fire Chief and Deputy Fire Chief. Reeve Nesbitt expressed that a new or used truck may be required considering that the 1975 truck may not be repairable. He also identified that the requirements of the fire department may not attainable within the limited tax funds available to the municipality otherwise a significant tax increase would be required which council could not support. Reeve Nesbitt suggested that a budget review may be required. 4 b) County Library amalgamation discussions are continuing between the County and the City of St Thomas. c) Museum Board Adoption of Minutes of Board Meeting dated May 2, 1995 RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Museum Board minutes of the meeting dated May 2, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business arising from Minutes of meeting dated May 2, 1995 Councillor Mason requested minor amendments to By-Law 95-19. The Administrator/Clerk-Treasurer is to review the requested changes. Councillor Mason presented a list of renovations to the Museum and the Lighthouse to be considered immediately. Councillor Mason requested through a memo to Council that another person by hired to staff the Lighthouse during the summer months. Concern was expressed with regard to the cost of this endeavor considering the budget was only passed two weeks ago. The cost and benefits are to reviewed before the June 27, 1995 Regular Council meeting for a final disposition in the matter. d) Community Policing No Report e) Roads Councillor Allin expressed concern for the condition of the Newton and 5 Brock Street and the information has been referred to the Public Works staff for an action plan. Information was received with respect to "Tar & Chip" in the amount of$8,000/km. This cost is based on a large quantity of work and therefore will likely not be applicable for Port Burwell purposes. A review by the Public Works department is to be completed. f) Recreation Board Adoption of Minutes of Board Meeting dated April 26, 1995 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Recreation Board minutes of the meeting dated April 26, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business arising from Minutes of meeting dated April 26, 1995 None. g) BTA The Park Tabloid has been published. The Village Yard Sale is to be held June 17, 1995. The Robinson Street rear lot clean up program is progressing with the assistance of summer landscape architecture student Ruthanne Henry. 7. Garbage Collection - T. Nesbitt The Administrator/Clerk-Treasurer identified that the Green Lane Environmental Quotation was requested with respect to additional garbage pick up in the community. The quotation has not been received. Gordon Craig, Allan Foster and Mario Chirico local business operators along the Robinson Street addressed council through a letter with respect to the need for additional garbage pickup expressing their desperate situation. The Reeve directed the 6 Administrator/Clerk-Treasurer to search for possible cost effective solutions to this matter considering budget restraints however, possible cost sharing by the local businesses. 8. Lottery License Applications - Memo D. Free Received and Filed 9. Bylaw 95-29 Being a Bylaw to regulate the Maintenance of Boulevards Tabled. 10. Gordon Craig Invoice and letter dated April 25, 1995 Gordon Craig was in attendance and rescinded his invoice dated April 25, 1995 in the amount of$423.00 for insurance costs for 1994 and 1995. Council unilaterally accepted the Mr. Craigs offer. 11. Summer Meeting Schedule RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason The Council of the Village of Port Burwell hereby agrees to hold Council Meetings on July 6, 1995 and August 8, 1995 cancelling all other regularly scheduled Council Meetings during July and August, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve 12. Closing Bank Account Port Burwell Historical Board RESOLUTION MOVED BY: Dave Mason SECONDED BY: Gordon Loucks Whereas the Council of the Village of Port Burwell has dissolved the Port Burwell Museum Board replacing it with the Museum Advisory Committee, and; 7 Whereas the municipality has funded the Museum Board during the fiscal year of 1995 with$1,000.00 to cover operating expenses. The Council of the Village of Port Burwell hereby directs the Administrator/Clerk- Treasurer to close the Museum Board Operating account at the Port Burwell CIBC, reimburse the municipality $1,000.00 and then transfer all residual monies to an account established by the newly formed Port Burwell Museum Society. UNANIMOUSLY: Tom Nesbitt, Reeve 13. Building/By-Law Reports Received and Filed. 14. Review of Financial Reporting Received and Filed. 15. Review of Accounts Payable RE SOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell approves the financial reporting and the accounts payable as amended in the amount of $39,084.89 and the payroll in the amount of$12,759.00. UNANIMOUSLY: Tom Nesbitt, Reeve 16. Old Business Councillor Allin expressed concern with regards to planting of flowers at the intersection of County Road #42 and Chatham Street. Council Hevenor supported the Administrator/Clerk-Treasurer's suggestion that input from the Landscape Architect Ruthanne Henry was required before the planting would commence. 17. New Business Appointment of 1995 Auditors 8 RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor The Council of the Village of Port Burwell hereby agrees to appoint Doane Raymond, formerly Redfern, More & Company as the auditors for the fiscal year of 1995. UNANIMOUSLY: Tom Nesbitt, Reeve RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks The Council of the Village of Port Burwell hereby adopts the Ontario Home Renewal Plan financial statements for the year 1994 as submitted by Redfern, More & Company. UNANIMOUSLY: Tom Nesbitt, Reeve RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-20, being a by-law to establish a procedure governing the sale of real property. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. RE SOLUTION MOVED BY: Dave Mason 9 SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-31, being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with J. Franze Limited for the construction of sidewalks within the Village of Port Burwell. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 18. Motion to Adjourn MOVED BY: Dave Mason Approved: June % 695 f i/�I �� To • bitt p-•ve AlrS IM% Davit . Free Ad inistrator/Clerk-Treasurer 10 Village of Port Burwell Minutes Special Council Meeting June 19, 1995 6:00 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer Call Meeting to Order Declaration of Conflict of Interest 1. Committee of the Whole RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole. UNANIMOUSLY: Tom Nesbitt, Reeve RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee the Whole. UNANIMOUSLY: Tom Nesbitt, Reeve 1 2. Bylaw 95-35 Being a Bylaw to Amend Bylaw 94-12 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce Bylaw 95-35 being a by-law to amend by-law 94-12, being a by-law to authorize the long term borrowing of an amount of money not to exceed $260,000.00 towards the cost of certain capital projects. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 3. Bylaw 95-33 Being a Bylaw to Appoint a Weed Inspector RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby appoint a Weed Inspector. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 4. Old Business RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell has received a letter of resignation from Brian Wolfe as the Chief Building Inspector and Bylaw 2 Enforcement Officer. The Council of the Village of Port Burwell hereby accepts with regrets, immediately and without notice the resignation of Brian Wolfe. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. Councillor Mason expressed concern with regard to the West Pier Boardwalk and inquired if an action plan had been implemented for its repair. The Administrator/Clerk-Treasurer identified that no work had commenced however, was in the plan. A new design was proposed to stabilize the railing along the boardwalk however it was suggested that a local contractor be contacted for a price and input on the repair and stabilization of the railings. Councillor Mason requested a decision with regard to additional staffing for the Lighthouse during the weekends of the summer. Members of Council volunteer their services upon receipt of a schedule to be prepared with the Recreation Director and Chairman of the Museum Committee. 5. New Business RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce Bylaw 95-36 being a bylaw to appoint a Chief Building Official and a Plumbing Inspector. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third.Time and. Finally Passed. 3 Council/Staff Barbecue June 29, 1995 - Farewell Gidgit Party It was decided that a farewell party for Gidgit Robinson would be held at either the Mason or Loucks residence, with Donna Lamoure and Suzanna Mantel making the arrangements. 6. Motion to Adjourn MOVED BY: Gord Loucks Approved: June ., 1995 /41 s Tom Ne:sitt Reeve / L Davi" . Free Ad inistrator/Clerk-Treasurer 4 Village of Port Burwell Minutes Council Meeting June 27, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer, Kevin Bradfield - Public Works Foreman, Ed Roloson - Building Inspector/By-law Enforcement Officer and Ruthanne Henry - Summer Student, Landscape Architect Guests: Allan Spicer Call Meeting to Order Declaration of Conflict of Interest Councillor Allin item #21 1. Adoption of Minutes of Regular Council Meeting dated June 13, 1995 RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the June 13, 1995 Regular Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated June 13, 1995 None. 3. Adoption of Minutes of Special Council Meeting dated June 19, 1995 RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks 1 BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the June 19, 1995 Special Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 4. Business arising from Minutes of special meeting dated June 19, 1995 None. 5. Correspondence a) Environment Canada - Lake Erie Lakewide Management Plan (File #1155) Received & Filed. b) Canadian National Institute for the Blind - Request to Sell Lottery Calendar (File #913) RESOLUTION MOVED BY: Gord Loucks SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the sale of the"CNIB 1996 Lottery Calendar"within the municipality. UNANIMOUSLY: Tom Nesbitt, Reeve c) Thames Valley District Health Council - Annual Meeting (File #462) Received & Filed. d) Ontario Clean Water Agency - Annual Report - (File #680) Information Available for Review Within Office Received & Filed. 2 e) Gaming Control Commission - Draft Standards (File #1089) Received & Filed. f) Gar Knutson - Canada Day (File #953) Received & Filed. g) Ontario Arts Council - (File #1155) Information Available for Review Within Office Received & Filed. h) Association of Municipalities of Ontario - Bloom Ontario (File #435) Received & Filed. i) The Terry Fox Founil - Fundraising for Cancer Research (File #1155) Received & Filed. j) International Joint Commission - Biennial Meeting (File #462) Received & Filed. k) The Corporation of the Town of Geraldton - Candidate for First Vice President of the Association of Municipalities of Ontario (File #435) Received & Filed 1) Port Burwell Public School - Thank you letter (File #857) Received & Filed 6. Bylaw 95-38 Being a bylaw to permit Temporary Borrowing for 1995 RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Dave Mason 3 WHEREAS as amended allows for Councils to pass by-laws to authorize the head and treasurer to borrow from time to time to meet current expenditures until taxes are collected, and; WHEREAS the Municipal Act R.S.O. 1990, c. M. 45, s.187(2) as amended, sets out the limits permissable for temporary borrowing, and; WHEREAS the Council of the Village of Port Burwell deems it necessary to borrow a maximum of $247,500.00 to finance its on-going operations, which is below the maximum limit prescribed by s. 187(2) of the Act; NOW THEREFORE the Council of the Village of Port Burwell authorizes the Reeve and Administrator/Clerk-Treasurer to borrow from time to time up to a maximum of$247,500.00 as required, introducing By-Law 95-38. UNANIMOUSLY: Tom Nesbitt By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 7. Community Improvement - Memo R. Henry Council reviewed the contents of the memo from R. Henry and approved in principle the activities and recommendations. 8. Environment - Solid Waste Management Considering the delegation to Council June 19, 1995 by local business persons with regard to garbage collection the Administrator/Clerk-Treasurer requested that staff work with the businesses to assist in the excessive garbage problem. A price from Green Lane was received for weekly garbage pick up which approximated$2,300 for the months of July and August. E. Roloson contacted a waste management contractor for pricing with respect to a bin which is to be shared both in cost and management by the businesses. The cost of both"once a week garbage pick up" and a"garbage container" to be shared by the businesses is to be presented to the businesses for their review and consideration. 4 9. Committee Reports a) County The County passed bylaw 95-31 being a bylaw to amend bylaw 85-27. This bylaw transfers the County property at the intersection of County Road 39 and 42 without cost excepting the surveying of the lands. The survey is anticipated to be completed by June 30, 1995. b) Museum Advisory Committee Special thanks to Ron Bradfield for moving the boats and buoy onto the concrete pad. c) Community Policing No Report. d) Roads Information has been requested with respect to reclaimed asphalt for some roads in Port Burwell. Kevin Bradfield has been requested to obtain more information with respect to a mechanism for the spreading of Brine on the roads for Dust Control. e) Recreation Advisory Committee Canada Day is now organized. Tub Daze events are currently being planned however it is difficult with the lack of funds. f) BTA Insurance information is to be solicited by the Administrator/Clerk-Treasurer from ROMA with regard to the Recreation Committee sponsoring the BTA Canoe race and any potential increased cost associated with this event. 10. Request for Severance Elizabeth Street Registered Plan No 30 The memo from the Administrator/Clerk-Treasurer confirming the under taking of a legal survey for the property located at the intersection of County Road 39 and County Road 42 at the cost of the municipality is to be forwarded to County. 5 11. Environmental Testing of Dredging Material - Letter LPRCA - D. Free - Results MDS Laboratories Received & Filed 12. Bylaw 95-34 Being a bylaw to Appoint a Deputy Treasurer RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor The Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-34 being a by-law to appoint a Deputy Treasurer. UNANIMOUSLY: Tom Nesbitt By-Law Read a First and Second Time By-Law Read. a Third Time and. Finally Passed. 13. Bylaw 95-39 Being a Bylaw to repeal Bylaw 95-11 RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-39, being a by-law to rescind By-Law 95-11, being a by-law to amend by-law 90-05, being a by-law to establish a Fire Department. UNANIMOUSLY: Tom Nesbitt By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 14. Bylaw 95-40 Being a bylaw to enter into a Lease agreement with Bradcranex (Museum Property) Tabled. 6 15. Bylaw 95-41 Being a bylaw to enter into a lease agreement with Bradcranex (Bradcranex Marina) Tabled. 16. Bylaw 95-42 Being a bylaw to enter into an agreement for the Construction of Addison Street RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-42, being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Elgin Construction for the Road Reconstruction of the Addison Street Area. UNANIMOUSLY: Tom Nesbitt By-Law Read a First and Second Time By-Law Read a Third.Time and Finally Passed. 17. Bylaw 95-30 Being a by-law to regulate Harbours and Wharves and the collection of reasonable harbour dues within Village of Port Burwell. RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-30, being to regulate Harbours and Wharves and the collection of reasonable harbour dues within Village of Port Burwell. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Tabled 7 18. Bylaw 95-29 Being a Bylaw to regulate the Maintenance of Boulevards RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-29, being a by-law to require property owners to maintain all adjacent boulevards within the Village of Port Burwell. CARRIED: Tom Nesbitt By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 19. Bylaw 95-32 Being a by-law to regulate and license trailers and trailer camps within Village of Port Burwell. RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-32, being a by-law to regulate and license trailers and trailer camps within the Village of Port Burwell. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Tabled. 20. Personnel Agreement with Administrator/Clerk-Treasurer RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor The Council of the Village of Port Burwell hereby authorizes the Reeve to ratify the attached personnel agreement with the Administrator/Clerk-Treasurer on behalf of 8 the municipality, forthwith binding the corporation. UNANIMOUSLY: Tom Nesbitt, Reeve 21. Review of Accounts Payable RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell approves the accounts payable as amended in the amount of$17,899.77 and the cheques attached in the amount of$86,390.40. UNANIMOUSLY: Tom Nesbitt 22. Old Business Councillor Mason requested the use of telephone poles located in the Public Works yard to be used in the erection of the new Village signage. The Administrator/Clerk- Treasurer identified that the poles had other uses in the community and suggested that other sources be obtained. Councillor Loucks suggested that the erection of the signs may be a volunteer project which he would be involved with. The Administrator/Clerk-Treasurer informed Council that additional funding had been acquired with regards to Councillor Mason's request for weekend coverage at the Museum. A student was to be hired from resumes currently on file. 23. New Business None 24. Committee of the Whole None. 25. Motion to Adjourn MOVED BY: Jim Hevenor 9 Approved: July, 6, 199 St" Tom itt Reeve Davi' '. Free Ad inistrator/Clerl.-Treasurer 10 Village of Port Burwell Minutes Special Council Meeting June 28, 1995 7:00 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer Guests: Lou Goulet, Bruce Petrochuk - Pembina Explorations Call Meeting to Order Declaration of Conflict of Interest 1. Committee of the Whole Lou Goulet - Pembina RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole. UNANIMOUSLY: Tom Nesbitt, Reeve MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. UNANIMOUSLY: Tom Nesbitt, Reeve 1 2. Old Business None. 3. New Business None. 4. Motion to Adjourn MOVED BY: Dave Mason Approved: July, 6, 1995 Tom ! esbitt Reeve 41111 David ree Ad nistrator/Clerk-Treasurer 2 Village of Port Burwell Minutes Council Meeting July 6, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Tom Millard Call Meeting to Order 7:30 pm Declaration of Conflict of Interest Councillor Allin declared a conflict of interest on item #17. Councillor Loucks declared a conflict of interest on item #7. 1. Adoption of Minutes of Regular Council Meeting dated June 27, 1995 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the June 27, 1995 Regular Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated June 27, 1995 Councillor Hevenor inquired as to the resolution of the downtown garbage problem. The Administrator/Clerk-Treasurer informed Council that the information assembled by staff provided a cost effective solution and had been forwarded to the land owners for their consideration. Councillor Mason inquired on behalf of a citizen with regards to garbage collection within the Ministry of Natural Resources dock area. The Administrator/Clerk- Treasurer identified that the responsibility for garbage was with the contractor Gordon Craig. It was further identified that staff has repeatedly reminded Mr. Craig 1 of his obligations. 3. Adoption of Minutes of Special Council Meeting dated June 28, 1995 RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell approves the minutes of the June 28, 1995 Special Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 4. Business arising from Minutes of special meeting dated June 28, 1995 None. 5. Correspondence a) Ministry of Environment and Energy - Ministry Laboratories (File #484) Received and Filed. b) Ombudsman Ontario - 1994-95 Annual Report (File #1155) Received and Filed. c) Ministry of Municipal Affairs and Housing (File #1155) Received and Filed. d) LPRCA- Full Authority Minutes (File #477) Received and Filed. e) Joan Wilder - George Street Concerns - Previously Circulated Received and Filed. 2 f) AMO -Annual Conference (File #462) Received and Filed. g) Town of Oakville - Property Tax Reform Received and Filed. h) Fran Corless &Mike Garry - Big Otter Marina - Request to Operate Chip Wagon Council reviewed the request within the context of the Lease Agreement and provided its consent to Mr. Garry by letter. 6. Bylaw 95-43 Being a bylaw to appoint an additional Lottery Licensing Officer RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-43, being a by-law to appoint an additional Lottery Licensing Officer. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 7. Board Walk Repairs (File #1270) A proposal from Ed Matthews Carpentry was reviewed by Council considering vandalism to the Boardwalk along the west pier. Reeve Nesbitt identified that citizens from other communities have expressed their concern for the benefit and the beauty of the boardwalk. Councillor Allin expressed the desire to do the project properly employing a superior design which would not be susceptible to vandalism. The Administrator/Clerk-Treasurer cautioned that there was no money available to make the proposed improvements or employing a more sophisticated design. Councillor Hevenor suggested a"Work Bee"to fix the Boardwalk to be scheduled and 3 advertised in the local paper. 8. Sewage Treatment Plant (File #1271) Received & Filed. 9. Committee Reports a) County There is to be no County meeting during the month of July. The Elgin Tourist Association is meeting at Craiger's Cove on July 13, 1995, at 6:30. b) Museum Advisory Committee Councillor Mason provided a list of projects for council to consider however, budget issues are to be considered. There were 409 visitors to the museum during Canada Day weekend. c) Community Policing No Report d) Roads Summer meetings have been cancelled considering the vacation schedules of Committee members. Councillor Allin is currently looking into Ministry of the Environment approved materials for dust control. e) Recreation Advisory Committee No Report. f) BTA Councillor Hevenor identified that a price was received for the "Wall Mural" for Stephenson's Freshmart wall. It was decided that the project was too expensive and the committee will further review the matter. A "car rally" is planned for the Tub Daze weekend located at the Memorial Park. 4 g) Fire Department Reeve Nesbitt identified concerns and shortfalls within the Fire Department budget specifically for the trucks. It was proposed to remove from reserves approximately$8,000 for the repairs to the trucks. RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin BE IT RESOLVED the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to remove $8,000 from the Fire truck reserve fund for the repair of a truck requiring immediate attention. UNANIMOUSLY: Tom Nesbitt, Reeve 10. Circulation of Council Minutes "Draft" to Media Council had no concern with regard to "Draft" circulation of the Council minutes to the local media and directed the Administration. 11. Bylaw 95-40 Being a bylaw to enter into a Lease agreement with Bradcranex (Museum Property) RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-40, being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Bradcranex for the purpose of the use of the lands adjacent to the lighthouse for use by the museum committee. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 5 12. Bylaw 95-41 Being a bylaw to enter into a lease agreement with Bradcranex (Bradcranex Marina) RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-41, being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Bradcranex for the purpose of a marina operation. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read. a First and Second Time By-Law Read a Third Time and Finally Passed. 13. Bylaw 95-30 Being a by-law to regulate Harbours and Wharves and the collection of reasonable harbour dues within Village of Port Burwell By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 14. Bylaw 95-32 Being a by-law to regulate and license trailers and trailer camps within Village of Port Burwell - Bylaw Previously Circulated & Introduced June 27, 1995 Tabled. 15. Addison Street Tender The engineers recommendation with respect to the scope of work were finally adopted and changes to the tender by increasing the amount of work were not considered by Council. 16. Bylaw 95-44 Being a by-law to amend By-Law 95-19 (Museum By-Law) Tabled. 6 17. Review of Accounts Payable RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell approves the accounts payable as amended in the amount of$55,523.26, the cheques attached in the amount of$922.03 and the Council pay in the amount of$1,517.25. UNANIMOUSLY: Tom Nesbitt, Reeve 18. Old Business None 19. New Business Councillor Hevenor expressed concerns with regard the disposal tree branches. Council identified that the Transfer Station provides the same service and the property owners should take the refuge to the station. RE SOLUTION MOVED BY: Dave Mason SECONDED BY: Cindy Allin The Council of the Village of Port Burwell hereby agrees to introduce bylaw 95-44, being a bylaw to establish a Municipal Events Committee. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second.Time By-Law Read. a Third Time and Finally Passed. RESOLUTION MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor 7 WHEREAS the municipality has tendered for the landscape project located at the most south easterly portion of the Market Square properties for an activity court, and; WHEREAS Aylmer Stoneworks has submitted the lowest tender and met all conditions with respect to the terms of the tender, and; NOW THEREFORE the Council of the Village of Port Burwell authorizes the Reeve and Administrator/Clerk-Treasurer award the tender to Aylmer Stoneworks commissioning the works and agreements at such time as financially permissible considering the forthcoming donation from the Port Burwell Community Improvement and Recreation Society. UNANIMOUSLY: Tom Nesbitt, Reeve RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to donate $50.00 for the services of Mr. Mark Putters as a clown for Canada Day children's activities as per the attached memo from Melanie Epple. UNANIMOUSLY: Tom Nesbitt, Reeve RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason WHEREAS the Port Burwell Historical Society requires the use of funds set aside for the purpose of the improvement of certain Museum exhibits. BE IT RESOLVED, the Council of the Village of Port Burwell hereby authorizes the Administrator/Clerk-Treasurer to release the$1,901.90 held in trust for the Port Burwell Historical Society. 8 UNANIMOUSLY: Tom Nesbitt, Reeve 20. Committee of the Whole RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole. UNANIMOUSLY: Tom Nesbitt, Reeve RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of theVillage o� Port Burwell moves out of Committee of the Whole. UNANIMOUSLY: Tom Nesbitt, Reeve 21. Motion to Adjourn MOVED BY: Jim Hevenor Approved: August : •95 /A*1 dig Tom Nesbitt Reeve 440dOir wr Davi. . ree •i. inistrator/Clerk-Treasurer 9 Village of Port Burwell Minutes Council Meeting August 8, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer, Deputy Treasurer, Ruthanne Henry (Summer- Employee, Landscape Architect) Guests: Allan Spicer, Tony Lama, Mike Garry, John Lavers - Port Burwell Community Policing, Elizabeth Ingolfsrud, Rob Perry -Aylmer Express, Norm & Neva Barber and Frank Prothero - Eastern Lake Erie Fisherman's Association Call Meeting to Order Declaration of Conflict of Interest Councillor Allin declared a conflict of interest on item #13. 1. Adoption of Minutes of Regular Council Meeting dated July 6, 1995 RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the July 6, 1995 Regular Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated July 6, 1995 Councillor Mason inquired as to the local businesses position with regards to the garbage collection solution prepared by staff. It was stated that no decision or action has been taken by the businesses. 1 Councillor Mason identified that the Board Walk requires more repairs despite the appreciated effort of local volunteers in repairing the damage which occurred in June, 1995. It was suggested that lighting of the Board walk may solve the vandalism problem. 3. Delegations a) Norm & Neva Barber Mr. Barber requested a response to his letter to Council with regard to the 1995 Water Sewer Rates. Tony Lama expressed support for the existing rate structure. Council expressed that the rate developed is fair and will consider the request. b) Eastern Lake Erie Fishermen's Association Frank Prothero of the Eastern Lake Erie Fishermen's Association expressed concern for the Village of Port Burwell bylaw 95-30 being a bylaw to Regulate Harbour and Wharves and the Collection of Harbour Dues. The specific concern was with paragraph 4 of Schedule "A" of the bylaw which required Commercial Fishing Boats to pay $35.00 per day while using the harbour facilities. It was expressed that for the lands under the jurisdiction of the Department of Fisheries and Oceans (DFO) the municipality did not have the authority to establish its own rate. Notwithstanding there was an expression of appreciation for the maintenance dredging as it greatly assisted both local and visiting commercial fishermen. The Administrator/Clerk-Treasurer advised Council that paragraph 4 of Schedule "A" was "ultra vires" of Council for the DFO lands however applicable for boats outside of the jurisdiction of DFO. Mr. Prothero in acknowledgement of the efforts of the municipality and the cost to dredge the harbour volunteered to solicit and coordinate through his association on behalf of the municipality, other fishermen for the purpose of donating to Port Burwell monies towards the cost of dredging. Reeve Nesbitt expressed that this was a suitable alternative and that the bylaw would be amended accordingly. 4. Correspondence a) Ontario Association of Committees of Adjustment and Consent Authorities - Conference September 6 & 7, 1995 (File #462) 2 Received and Filed. b) Multiple Sclerosis Bike Tour (File #1155) Received and Filed. c) St. Thomas-Elgin General Hospital- Report to the Community (File #958) - Additional information available for review within office Received and Filed. d) Municipal Alert - Transportation Cuts (File #435) Received and Filed. e) Steve Laemers - Clearing of Land at Baseball Diamond (File #1311) Received and Filed. f) Ministry of Municipal Affairs and Housing - Reduce Government Spending (File #485) Received and Filed. g) Municipality of Metropolitan Toronto - Landfill Site Search (File #631) Received and Filed. h) Workplace Health and Safety Agency (File #743) Received and Filed. i) Amalgamation are on the Horizon (File #603) Received and Filed. j) Oxford Hospitals Planning Process Update (File #1155) Received and Filed. 3 5. Optimist Application for Break Open Ticket License RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin WHEREASa letter was received on July 30, 1995 with regards to the Otter Valley Port Burwell Optimist Club selling Nevada Tickets within the Port Burwell Variety. AND WHEREAS the Council of the Village of Port Burwell has reviewed the application and the contents therein; The Council of the Village of Port Burwell hereby approves the application conditional upon receipt of the 1994 Financial Statements and 1995 Approved Budget of the Optimist Club. UNANIMOUSLY: Tom Nesbitt, Reeve 6. Ministry of Transportation Funding Reduction RE SOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason WHEREAS the Village of Port Burwell has had reductions in funding from the Ministry of Transportation with regard to Supplementary Funding for the 1995 Roads Construction Program, and; WHEREAS the Administrator/Clerk-Treasurer has provided a financial strategy with regard to the partial deferral of the construction program into 1996. NOW THEREFORE the Council of the Village of Port Burwell hereby consents to a partial deferral of the construction of the Addison Street project into 1996 conditional upon formal commitment of funding in 1996 by the Ministry of Transportation. UNANIMOUSLY Tom Nesbitt 4 7. Treasurers' mid Year Financial Report 1995 Received & Filed. 8. Committee Reports a) County No Report. b) Museum Advisory Committee Adoption of Minutes of Committee Meeting dated June 6, 1995 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Museum Advisory Committee minutes of the meeting dated June 6, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business arising from Minutes of meeting dated June 6, 1995 Museum attendance is less than 1994 year to date by approximately 600 people. The reason for the attendance change is unknown. Adoption of Minutes of Committee Meeting dated July 4, 1995 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Museum Advisory Committee minutes of the meeting dated July 4, 1995. 5 UNANIMOUSLY: Tom Nesbitt, Reeve Business arising from Minutes of meeting dated July 4, 1995 None. c) Community Policing John Lavers representing the Community Policing requested that the costs of attending a Community Policing Conference to be held at CPB Petawawa September 8, 9, and 10, 1995 be covered by the Village. All members of the committee are to attend with the consent of Council. Members are to prepare their own application forms. Council requested an update of the efforts and surveillance of the committee within the municipality. Mr. Lavers identified concerns and issues which are currently being addressed by the committee and the Ontario Provincial Police. d) Roads Advisory Committee No Report. e) Recreation Advisory Committee Adoption of Minutes of Committee Meeting dated June 14, 1995 RE SOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Recreation Advisory Committee minutes of the meeting dated June 14, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve 6 Business arising from Minutes of meeting dated June 14, 1995 Councillor Mason inquired as to the response from the proposed Colonel Burwell Daze. Adoption of Minutes of Committee Meeting dated July 12, 1995 RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Recreation Advisory Committee minutes of the meeting dated July 12, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business arising from Minutes of meeting dated July 12, 1995 None. f) BTA There is concern with regard to dogs on the beach. A yard sale is tentatively scheduled for September 30, 1995. Lou Goulet, Vice President of Pembina is tentatively scheduled to speak at the BTA meeting in November, 1995. There are currently 11 people registered to enter the Otter Creek Canoe race. 9. Bylaw 95-32 Being a by-law to regulate and license trailers and trailer camps within Village of Port Burwell - Bylaw Introduced June 27, 1995 Tabled. 10. Municipal Landscaping Program - Memo Ruthanne Henry Received & Filed. 7 11. Bylaw 95-45 Being a by-law to amend Bylaw 95-13, a by-law to set the water and sewer rates RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-45, being a By-Law to amend Subsection 5.11 and Subsection 5.21 of Section 5.1 and Section 5.2 respectively and Schedule"A" of By-Law 95-13, being a by-law to set water and sewer user rates in the Village of Port Burwell for the fiscal year of 1995. DEFEATED: Tom Nesbitt, Reeve 12. Application for Consent - Elizabeth Street, Port Burwell Received & Filed. 13. Review of Accounts Payable & Cheques RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell approves the accounts payable as amended in the amount of$41,090.46, the cheques attached in the amount of$27,463.33, June 1995 payroll in the amount of$27,435.12, July 1995 payroll in the amount of$23,348.31 and the Council pay in the amount of $609.00. UNANIMOUSLY: Tom Nesbitt, Reeve 14. Old Business None. 8 15. New Business Councillor Mason had concern with regard to appearance of the municipality and requested that the property standards enforcement be increased. 16. Committee of the Whole RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole. UNANIMOUSLY: Tom Nesbitt, Reeve RESOLUTION MOVED BY: Dave Mason SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. UNANIMOUSLY: Tom Nesbitt, Reeve 17. Motion to Adjourn MOVED BY: Dave Mason Approved: Se. mber 12/4 995 / r Tom •sbi Reeve David R. ree Admin strator/Clerk-Treasurer 9 Village of Port Burwell Minutes Special Council Meeting August 14, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer, Building Inspector Guests: Michael Peterson Call Meeting to Order Declaration of Conflict of Interest - None 1. Committee of the Whole RESOLUTION MOVED BY: Cindy Allin SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole. UNANIMOUSLY: Tom Nesbitt, Reeve MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. UNANIMOUSLY: Tom Nesbitt, Reeve 1 2. Old Business None. 3. New Business None. 4. Motion to Adjourn MOVED BY: Gordon Loucks Approved: September 12, 1995 60'7 _,d/:404—. Tom N. .itt Reeve Davi. ree Admi ,istrator/Clerk-Treasurer 2 Village of Port Burwell Minutes Council Meeting September 12, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor and Councillor Loucks Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer Absent: Councillor Allin Call Meeting to Order Declaration of Conflict of Interest Councillor G. Loucks declared a conflict of interest on item #14. 1. Adoption of Minutes of Regular Council Meeting dated August 8, 1995 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the August 8, 1995 Regular Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated August 8, 1995 Councillor Hevenor inquired as to whether the Laemers letter had been addressed. The Administrator/Clerk-Treasurer identified that a letter of appreciation and concern was sent to Laemers Contracting with respect forwarding bills in a timely manner. Appreciation was extended to those who assisted in the rehabilitation of the West Pier Boardwalk. 1 3. Adoption of Minutes of Special Council Meeting dated August 14, 1995 RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the August 14, 1995 Special Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated August 14, 1995 None. 5. Bylaw 95-46 Agreement with Department of Fisheries & Oceans RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-46, being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with the Department of Fisheries and Oceans for Maintenance Dredging. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 6. Correspondence a) Amtelecom Inc. - Proposal for 911 Emergency Response Service Received and Filed. 2 b) 1996 Travel Directory Listing/Membership Renewal - File #454 Received and Filed. c) EON - Minutes June 22, 1995 - EON Workshop Received and Filed. d) Ontario Federation of Anglers & Hunters - Request for Resolution of Support - File #1155 Received and Filed. e) Eastern Lake Erie Fishermen's Association - Docking in Port Burwell - File #1155 Received and Filed. f) EDCO - Economic Developer 1995 - Seminar October 12 & 13, 1995 - File #441 Received and Filed. g) Health & Safety Symposium - October 26, 1995 - File #462 Received and Filed. h) St. Thomas & District Chamber of Commerce - Harvest Dinner - September 21, 1995 - File #462 Received and Filed. i) Township of Carnarvon - Request for Resolution of Support - File #545 Received and Filed. j) Township of Roxborough - Request for Resolution of Support - File #545 RESOLUTION MOVED BY: Jim Hevenor 3 SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports Resolution #23(296) passed by the Township of Roxborough July 27, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve k) Ministry of Consumer&Commercial Relations -Adult Sex Video Stickering - File #1156 Received and Filed. 1) The Learning Partnership - Request to Declare November 8, 1995 - Take Our Kids to Work Day Received and Filed. m) Township of Bayham - Donation for Fireworks - File #956 Received and Filed. n) Recycling Council of Ontario - Waste Reduction Week Received and Filed. o) Canadian Soft Drink Association - Refillable Quota Regulations - File #1155 Received and Filed. p) Fire Safety Tips for Kids - Request for Donation Received and Filed. q) Ministry of Natural Resources - Rabies Vaccine - File #487 Received and Filed. 4 r) County of Elgin - Notice of Decision - File #571 Tabled. s) Royal Canadian Legion - Request to Declare September 17th to 23rd as Legion Week RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby proclaims September 17, 1995 to September 23rd, 1995 as "Legion Week". UNANIMOUSLY: Tom Nesbitt, Reeve t) Royal Canadian Legion - Request to use 50% of Nevada proceeds for Building - Fund Proposed Resolution - File #1181 RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor WHEREAS the Port Burwell Royal Canadian Legion, Branch 524 has provided the utmost support for the community, and; WHEREAS the efforts put forth by the Port Burwell Royal Canadian Legion are greatly appreciated by all. THEREFORE the Council of the Village of Port Burwell hereby consent to the expenditure of up to 50% of the Nevada Ticket proceeds collected by the Port Burwell Royal Canadian Legion to be deposited into the appropriate Building Fund. UNANIMOUSLY: Tom Nesbitt, Reeve 5 7 Committee Reports a) County Committees Active without final decision. Councillor Mason inquired as to the appropriate plan of action in order to introduce traffic control at the intersection of Victoria Street and County Rd #42. Administrator/Clerk- Treasurer identified that a summary of incidents can be assembled including a proposed resolution to be forwarded to the County for consideration by the Roads Committee. b) Museum Advisory Committee Adoption of Minutes of Committee Meeting dated August 1, 1995 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Museum Advisory Committee minutes of the meeting dated August 1, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business arising from Minutes of meeting dated August 1, 1995 Councillor Mason provided the preliminary Museum report for 1995 which indicated 5,200 visitors primarily from Ontario, however there were visitors from all over the world. c) Community Policing Council extends its condolences to the family of Chuck Allin who passed away September 9, 1995. d) Roads No Report. 6 e) Recreation Advisory Committee No Report. f) BTA Village of Port Burwell signage is being investigated to be posted at Highway #19 & Highway #3 and Highway #19 and #401. Signage for County Road #42 was also discussed. The Canoe Races profited$82.64 on 24 boat entries. Councillor Hevenor identified that another"work bee"may be required for the boardwalk considering recent vandalism. He also extended his deepest gratitude for the volunteer help during the summer in repairing the boardwalk. It was decided not proceed with the mural on the side of Stephenson's Freshmart. The First Annual Show& Shine on Tub Daze Weekend was a success. The Provincial Park camping attendance was up by 7% and the day use was up 23% over last year. Officers are needed for the Horticultural Society. 8. Ministry of Transportation Funding Reduction Letter Dated July 21, 1995 The Administrator/Clerk-Treasurer identified that pursuant to the resolution of the Council meeting dated August 8, 1995 the conditions of Council per the resolution, stipulated that formal confirmation of the funding modifications for the Addison Street area would not be provided by MTO for 1996. Councillor Loucks expressed that it was necessary to complete the project in conjunction with the landscaping of the newly acquired land at the intersection of County Rd #39 and #42 and that gambling on the forthcoming funding from MTO was desirable. The Administrator/Clerk-Treasurer cautioned Council with respect to a recent notification from the Association of Municipalities of Ontario that both conditional and unconditional grants are projected to be cut by 20% for all municipalities in Ontario. These anticipated cuts would have an approximate funding loss of$30,000. If MTO did not come through with the supplementary funding in 1996 the grant reductions coupled with the unfunded road expenditure would be a significant burden to overcome. 7 RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Dave Mason Whereas the Village of Port Burwell has made application to the Ministry of Transportation for supplementary funding for the Addison Street Road project of which include the Bridge Street drainage ditch rehabilitation, and; Whereas recent cuts by the Provincial Government has reduced funding for this project and other projects in Ontario, and; Whereas in a resolution from the August 8, 1995 Council meeting consented to a partial deferral of the Addison Street project spreading the project cost into 1996 with the informal approval of the MTO to fund the amounts to approximately $25,000 in 1996, and; Whereas Council consented to the deferral of the project conditional upon written and formal confirmation from MTO that the project would be funded in 1996 at the August 8, 1995 Council meeting, and; Whereas recent discussions with the Administrator/Clerk-Treasurer and the representative of MTO reveal that the MTO is now unwilling to make this formal commitment to the municipality with regard to funding in 1996. The Council of the Village of Port Burwell hereby directs the Administrator/Clerk- Treasurer to proceed the with previously said project despite the uncertainty of the funding from MTO and shall commit to resolve in finality the financial issues within the 1996 Budget. UNANIMOUSLY: Tom Nesbitt, Reeve 9. Bertha & Richard Breen Request for Delegation RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor Whereas the Council of Village of Port Burwell has received a letter from Mrs. Bertha Breen with requesting Minor Variance Application Fee relief for a Request 8 for a Minor Variance for 54 Pitt Street, and; Whereas the previous and similar application was received in 1994 to increase and improve the residence at 54 Pitt Street, and; Whereas upon an appeal by a local ratepayer to the OMB the application was refused on a technical issue, and; Whereas the proposal by the applicant is deemed desirable for the community in order to accommodate the special needs of the Breen family. The Council of the Village of Port Burwell hereby consents to full relief for the Breen Minor Variance application upon the unanimous consent for forfeiture of the Committee of Adjustment honorarium as stipulated within the applicable by-law. UNANIMOUSLY: Tom Nesbitt, Reeve 10. Ontario Housing Renewal Program RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor Whereas, the Province of Ontario has directed the Municipalities of Ontario to offer and administrate the Ontario Housing Renewal Program herein after referred to as OHRP with monies in trust, and; Whereas,various accounts must be monitored and collected on behalf of the Province of Ontario including the forwarding of collected funds on a timely basis, and; Whereas, the OHRP account in the name of Murray Brady, 48 Strachan Street has been collected in full. The Village of Port Burwell hereby authorizes the Administrator/Clerk-Treasurer to apply to the Ministry of Housing to formally close the account determined to be in good standing releasing an liens on the lands. The liens are to be discharged upon formal receipt from the Ministry of Housing that consent has been granted to discharge the account in full without cost to the municipality. UNANIMOUSLY: Tom Nesbitt, Reeve 9 RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor Whereas, the Province of Ontario has directed the Municipalities of Ontario to offer and administrate the Ontario Housing Renewal Program herein after referred to as OHRP with monies in trust, and; Whereas,various accounts must be monitored and collected on behalf of the Province of Ontario including the forwarding of collected funds on a timely basis, and; Whereas, the OHRP account in the name of Sandra and Tom Foote has received a legal opinion from Siskind Cromarty Ivey and Dowler lawyer, Barry Card with respect to letters dated December 12, 1990 with respect to the anomalies of the account and collection thereof. The Village of Port Burwell hereby authorizes the Administrator/Clerk-Treasurer to apply to the Ministry of Housing to formally close the account finally releasing an liens on the lands. The liens are to be discharged upon formal receipt from the Ministry of Housing that consent has been granted to discharge the account in full without cost to the municipality. UNANIMOUSLY: Tom Nesbitt, Reeve 11. Port Burwell Salary Administration Plan RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason Whereas Council commissioned a study and the subsequent development of a Salary Administration System for the municipality by Personal Management Consultants, and; Whereas the study has provided a comprehensive review of salaries of similar municipalities in Ontario. The Council of the Village of Port Burwell hereby adopts the salary administration 10 plan and directs the Administrator/Clerk-Treasurer to further develop the details with respect to existing staff for Council review and date of implementation. UNANIMOUSLY: Tom Nesbitt, Reeve 12. M. Chirico Various Issues Tabled. 13. Municipal Reports Received & Filed. 14. Erection of Canopy/Pavilion - Museum Parking Lot RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason Whereas, the Village of Port Burwell is desirous of erecting a canopy/shelter within the area of the boundary of the Museum in accordance to the Ontario Building Code. The Council of the Village of Port Burwell hereby waives the Building Application fee in association with the proposed building. UNANIMOUSLY: Tom Nesbitt, Reeve 15. Review and Approval of Accounts & Cheques RESOLUTION MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell approves the accounts payable as amended in the amount of$40,686.70, the cheques attached in the amount of$78,348.13, August 1995 payroll in the amount of$27,940.04 and the Council pay in the amount of$937.69. 11 UNANIMOUSLY: Tom Nesbitt, Reeve 16. Review of Financial Reporting Received and Filed. 17. Old Business None. 18. New Business A Special Council Meeting is schedule for September 20, 1995 to review the Tree Plant Canada application. The attendance of Ruthanne Henry is to be confirmed by Councillor Mason. 19. Committee of the Whole RESOLUTION MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole. UNANIMOUSLY: Tom Nesbitt, Reeve RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. UNANIMOUSLY: Tom Nesbitt, Reeve 12 20. Motion to Adjourn MOVED BY: Jim Hevenor Approved: September 26 1995 "://d/ Tom N itt Reeve David `r ree Adm., istrator/Clerk-Treasurer 13 Village of Port Burwell Minutes ci s. - 03 Council Meeting September 26, 1995 7:00 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor ARM and Councillor Loucks Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Ruthanne Henry, Tom Millard - Fire Chief, Mario Chirico, Mike Waplen and Jack Zacharias Absent: Councillor Hevenor Call Meeting to Order Declaration of Conflict of Interest 1. Adoption of Minutes of Regular Council Meeting dated September 12, 1995 Resolution #950926-01 MOVED BY: Gordon Loucks SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the September 12, 1995 Regular Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated September 12, 1995 Councilor Mason inquired as to the funding for the erection of the canopy in the Museum parking lot. It was identified that the availability of funding in the approximate amount of$300.00 to $400.00 including labour in-kind was difficult to find within the 1995 financial strategy. Reeve Nesbitt requested that the item be deferred to Old Business. 3 Delegations - R. Henry - Tree Plan Canada Ruthanne Henry, former Landscape Architect employee provided an update with respect to the Tree Plan Canada proposal to be submitted in the final year of the Federal program. 1 Report available in office file E04 - Trees. Based upon the presentation by Ms. Henry, Council consented to the preparation and submission of the application to Tree Plan Canada and the matter will be considered within the 1996 budget deliberations. 4. Bylaw 95-49 Being a bylaw to amend Bylaw 95-36 being a by-law to appoint a Chief Building Official and a Plumbing Inspector. Resolution #950926-11 MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-49, being a bylaw to amend Bylaw 95-36 being a by-law to appoint a Chief Building Official and a Plumbing Inspector. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. Resolution #950926-12 MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin Whereas the Council of the Village of Port Burwell has passed bylaw 95-49 being a bylaw to amend Bylaw 95-36 being a by-law to appoint a Chief Building Official and a Plumbing Inspector, and; Whereas the bylaws permit for the appointment of a Temporary Chief Building Official and Plumbing Inspector in the event of absence of the Chief Building Official and Plumbing Inspector, and; Whereas Ed Roloson, appointed as the Chief Building Official and Plumbing Inspector shall be absent during the period of October 9,1995 to October 22, 1995. The Council of the Village of Port Burwell hereby appoints Mr. Dwayne Daniel, Chief Building Official for the Township of Bayham as the Temporary Chief Building Official and Plumbing Inspector for the Village of Port Burwell during the 2 period of October 9,1995 to October 22, 1995. Remuneration for time expended in Port Burwell with respect to matters is to be from Bayham Township without direct or additional cost to the Village of Port Burwell. Conditions of appointment of Mr. Daniel are in accordance to Bylaw 95-49 and the Village of Port Burwell shall provide no less than 12 hours notice for services and the Temporary Chief Building Official shall respond within no less than 24 hours. UNANIMOUSLY: Tom Nesbitt, Reeve 5. Mario Chirico various issues - Report and Memo D. Free - Received & Filed Reeve Nesbitt asked Mr. Chirico who was present if he wished to make a formal proposal to Council with regard to the various outstanding matters. Reeve Nesbitt requested that Mr. Chirico address to Council the resolution of various outstanding issues with the Municipality. Mr. Chirico did not propose any changes or resolution with respect to the various matters outstanding and continued to provide a new proposal and plan for the area currently occupied by the East Beach Portables. Based upon the preliminary drawing Council provided preliminary approval of the concept as presented conditional upon proper planning applications and compliance with local and provincial legislation. 6. Correspondence a) Village of Alvinston - File #438 Received and Filed. b) Ontario Association of Committees of Adjustment and Consent Authorities- Conference - File #462 Received and Filed. c) Township of Bayham - Transfer Station Ticket Report - File #636 Received and Filed. 3 d) Ministry of the Solicitor General and Correctional Services - File #1152 Received and Filed. e) District Health Councils of Southwestern Ontario - File #958 Received and Filed. f) Ontario Good Roads Association - File #873 Ballot to be forwarded "Supports Retention of name Ontario Goods Roads Association". g) Ministry of Municipal Affairs and Housing - File #485 Received and Filed. 7 Committee Reports a) County No Report. b) Museum Advisory Committee No Report. c) Community Policing No Report. d) Roads No Report. e) Recreation Advisory Committee No Report. 4 f) BTA No report. 8. Port Burwell Recreation Board Bank Account closing and transfer Resolution #950926-05 MOVED BY: Gordon Loucks SECONDED BY: Dave Mason Whereas the Council of the Village of Port Burwell has reorganized its affairs in regard to Committees and Boards, and; Whereas the authority to operate Nevada activities within the municipal financial structure has been deemed to be not permissible by the Ministry of Consumer and Commercial Relations, Gaming Control Commission, and; Whereas an organization has been established to carry on the spirit of the Recreation Board towards the proliferation of recreational activities and benevolence within the municipality know as the Port Burwell Community Improvement and Recreation Society (PBCIRS). The Council of the Village of Port Burwell hereby directs the Administrator/Clerk- Treasurer to close the Port Burwell Recreation Board "Nevada"Account 75-04519 at the CIBC forwarding all monies as identified in the statement including monies currently held in reserves as dedicated by the PBCIRS as identified in the attached Schedule "A" to a specified bank account of the Port Burwell Community Improvement and Recreation Society forthwith. UNANIMOUSLY: Tom Nesbitt, Reeve 9. Port Burwell Museum Board Bank Account closing and transfer Resolution #950926-06 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks Whereas the Council of the Village of Port Burwell has reorganized its affairs in regard to Committees and Boards, and; 5 Whereas the authority to operate Nevada activities within the municipal financial structure has been deemed to be not permissible by the Ministry of Consumer and Commercial Relations, Gaming Control Commission, and; Whereas an organization has been established to carry on the spirit of the Museum Board towards the proliferation of historical preservation and benevolence within the municipality know as the Port Burwell Historical Society. The Council of the Village of Port Burwell hereby directs the Administrator/Clerk- Treasurer to close the Port Burwell Museum Board "Nevada"Account 75-04810 at the CIBC forwarding all monies as identified in the statement including monies currently held in reserves as dedicated by the Historical Society as identified in the attached Schedule "A" to a specified bank account of the Port Burwell Historical Society forthwith. UNANIMOUSLY: Tom Nesbitt, Reeve 10. Tax Sale Erieus Street - File #0777 Resolution #950926-10 MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks Whereas the Municipal Tax Sales Act, RSO 1990, C. M 60, s. 3, p. 1 as amended provides; 3. (1) Where any part of tax arrears is owing with respect to, (a) any improved land in a municipality on the 1st day of January in the third year following that in which the real property taxes become owing; or (b) any vacant land in a municipality on the 1st day of January in the second year fobbing that in which the real property taxes become owing, the treasurer, unless otherwise directed by the municipal council, may prepare and register a tax arrears certificate in the prescribed form against the title to the land with respect to which the tax arrears are owing. And Whereas 34 Erieus Street, being Part of Lot 23 East side of Erieus Street, Plan 12, Village of Port Burwell, County of Elgin, Tax Roll Number 34020000011169000000 is in tax arrears for an amount equalling$7,703.95, and; 6 And Whereas the Municipality has through public tender offered the property to any and all individuals under tax sale, and; Whereas under the tax sale proceedings through public tender, no tenders received by the Treasurer. The Council of the Village of Port Burwell hereby directs the Reeve and the Administrator/ClerkTreasurer to vest title of the said property to the Corporation of the Village of Port Burwell removing from the Collectors Roll the tax arrears in the amount of$7,703.95 for 34 Erieus Street in favour of ownership. UNANIMOUSLY: Tom Nesbitt, Reeve 11. By-law 95-48 Being a by-law to amend Bylaw 94-30 being a bylaw to set the rate of remuneration for the Port Burwell Volunteer Fire Department Resolution #950926-03 MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-48, being a by-law to amend By-law 94-30 being a bylaw to set the rate of remuneration for the Port Burwell Volunteer Fire Department. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third.Time and Finally Passed. 12. Traffic Control County Road #42 vicinity of Victoria Street Resolution #950926-02 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks WHEREAS the Village of Port Burwell is experiencing greater vehicular traffic due to increased tourism and commercial activities, and; WHEREAS the Council of the Village of Port Burwell is concerned regarding the 7 high rates of speed at which vehicles enter the village on County Road #42 from the east, and; WHEREAS the speeding vehicles travel exceeding the posted speed limit past a seniors building, a public school, residential area and a busy variety store, and; WHEREAS injuries and death have resulted from speeding vehicles in the last two years; BE IT RESOLVED, the Council of the Village of Port Burwell highly recommend that the corner of Wellington Street at Victoria Street become a stop for vehicles entering the village from the east on County Road #42. DEFEATED: Tom Nesbitt, Reeve 13. 1995 Harbour Activities & Budget - Memo D. Free - Received & Filed - Financial Analysis Report - Received & Filed - Letter Bayham Township - Received & Filed 14. Village of Vienna request for Fire Protection Services - Letter dated September 19, 1995 - Received & Filed - Memo D. Free - Received & Filed Fire Chief Tom Millard explained the working of the Elgin County Mutual Aid Agreement with respect to Bayham, Vienna and Port Burwell. Reeve Nesbitt requested a copy of the Port Burwell Mutual Aid Agreement. He also identified by virtue of the nature of the Mutual Aid Agreement, a joint fire department would be required. It was also identified that a comprehensive study would be required however, initially a preliminary review in conjunction with the Fire Marshalls' Office. Reeve Nesbitt with the consent of Council and on the recommendation of the Fire Chief, suggested a positive response to the Vienna's letter however, a preliminary review would be required. A letter is to be formulated for Councils review by the Administrator/Clerk-Treasurer with respect to review and further suggestion. 15. Bylaw 95-44 Being a bylaw to Amend 95-19 being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry 8 of Culture and Recreation. Resolution #950926-14 MOVED BY: Cindy Allin SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-44, being a by-law to amend By-Law 95-19, being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry of Citizenship, Culture and Recreation. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 16. Review of Financial Reporting as at August 31, 1995 Received and Filed. 17. Municipal Application for Consent - File #571 - Application E117/95 - Received & Filed - Lot 38, Plan 40 Village of Port Burwell (Municipal Address 32 Addison Street) - Completed Municipal Appraisal Forwarded to Council Mr. Waplen and Mr. Zacharias requested Councils support in the matter. The Administrator/ClerkTreasurer identified a number of short comings with respect to the proposal which had been forwarded to the Land Division Committee inclusive of a petitions opposing the application. 18. Review and Approval of Accounts & Cheques Resolution #950926-04 MOVED BY: Cindy Allin SECONDED BY: Dave Mason 9 BE IT RESOLVED, the Council of the Village of Port Burwell approves the accounts payable as amended in the amount of$90,669.27 and the cheques attached in the amount of$1,989.50. UNANIMOUSLY: Tom Nesbitt, Reeve 19. Old Business Resolution #950926-15 MOVED BY: Dave Mason SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-47, being a by-law to amend Bylaw 95-30 being a bylaw to regulate Harbours and Wharves and the collection of reasonable harbour dues within Village of Port Burwell. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 20. New Business None. 21. Committee of the Whole Resolution #950926-07 MOVED BY: Cindy Allin SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole. UNANIMOUSLY: Tom Nesbitt, Reeve Resolution #950926-08 10 MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. UNANIMOUSLY: Tom Nesbitt, Reeve 22. Motion to Adjourn Resolution #950926-09 MOVED BY: Dave Mason Approved: October 10, 199 ,.....--- HO),4„ /I /i Tom esbitt f Reeve a/ 0 Da d . ree Admin'strator/Clerk-Treasurer 11 Village of Port Burwell Minutes Council Meeting October 10, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Allin (part time), Councillor Hevenor and Councillor Loucks Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Peter Wolfe, Malcolm Mac Neil, Cathy Schaffer - Principal Port Burwell Public School, Doris Vandeeckhout, Stephen Cummings and Cathy Bishop -Elgin County Public Library System Call Meeting to Order Declaration of Conflict of Interest None. 1. Adoption of Minutes of Regular Council Meeting dated September 26, 1995 Resolution #951010-01 MOVED BY: Gordon Loucks SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the September 26, 1995 Regular Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated September 26, 1995 Councillor Mason inquired as to the status of the Tree Plan Canada application. The Administrator/Clerk-Treasurer identified that Landscape Architect Ruthanne Henry was in the process of completing the application for the October 15, 1995 deadline. 1 Councillor Mason identified that in an informal discussion with the County Engineer the resolution with respect to traffic control at the intersection of County Road #42 and Elizabeth Street was discussed. The County Engineer identified that the stop sign proposed would not be supported at the County. Councillor Allin asked if the letter was sent to Vienna with regards to Fire Protection, it was stated that the letter had been sent but no response had been received. 3. Bylaw 95-50 being a bylaw to rename certain Roads and Streets Tabled. 4. Bylaw 95-53 being a bylaw to enter into an Intermunicipal Agreement for Boundary Adjustment of lands within the Municipal jurisdiction of Township of Bayham described as Lake Erie into the municipal jurisdiction of the Village of Port Burwell Resolution #951010-13 MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin Whereas Pembina Resources Limited explores and mines for natural gas resources within the Lake Erie basin immediately and in the proximity of the Port Burwell harbour, and; Whereas the ratepayer Pembina Resources Limited has in the past used Port Burwell harbour and now plans to expand their operations within the municipality, and; Whereas Port Burwell has expended extensive resources in the form of increased harbour dredging activities, sale and lease of lands to ensure the long term existence of Pembina in the municipality, and; Whereas it has been determined that the majority of sediment transported into the Otter Creek is derived from lands within the Municipal jurisdiction of Bayham Township, and; Whereas the Council of the Village of Port Burwell has requested through meetings, direct financial assistance with regard to contributions for the dredging of the Otter Creek basin and has been formally refused by Bayham Township, and; 2 Whereas the Municipal Boundary Negotiations Act, RSO 1990, c. M. 49, s. 2, as amended provides for the resolution of an inter-municipal boundary issues, and; Whereas the Council of the Corporation of the Village of Port Burwell deems it necessary and practical to annex lands and water of Lake Erie from Bayham Township extending from the most westerly and easterly municipal boundaries to the International border using tax revenues from Pembina Resources to service their maritime requirements within Port Burwell. Now therefore The Council of the Village of Port Burwell hereby introduces bylaw 95-53 being a bylaw to commence negotiations with Bayham Township under the Municipal Boundary Negotiations Act, RSO 1990, c. M. 49, s. 2, as amended in order to allocate tax revenues towards servicing the ratepayer, Pembina Resources Limited within the municipal jurisdiction of Port Burwell. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 5. Correspondence a) Ministry of Municipal Affairs and Housing - File #1158 Received and Filed. b) City of Woodstock - 1996 Provincial Community Challenge - File #954 Received and Filed. c) Province of Ontario - Facing the Future Environment and Energy Conference of Ontario - File #462 Received and Filed. d) Port Burwell Royal Canadian Legion - Request for Resolution of Support File #519 Resolution #951010-11 MOVED BY: Cindy Allin 3 SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the distribution of poppies by the Port Burwell Royal Canadian Legion Branch 524, in memory of those who paid the ultimate price for our County during World War I and World War II. The Council of the Village of Port Burwell hereby agrees to donate $35.00 towards this cause. UNANIMOUSLY: Tom Nesbitt, Reeve e) County of Elgin - Fees for Provision of Names of Assessed Persons for Land Division - File #469 Received and Filed. 6. Committee Reports a) County The County Library meeting is to be held on November 2, 1995 from 8:30 am to 12:30 pm at Craiger's Cove. The Wardens banquet honouring Bayham Township Reeve, Vane Chute is scheduled for October 28, 1995 in St. Thomas at the St. Anne's Centre. The reception is from 6:00 to 7:00 pm followed by dinner. Cost of tickets is $20.00 per person. b) Museum Advisory Committee Adoption of Minutes of Committee Meeting dated September 5, 1995 Resolution #951010-14 MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Museum Advisory Committee minutes of the meeting dated September 5, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve 4 Business arising from Minutes of committee meeting dated September 5, 1995 Councillor Hevenor inquired as to the status and the desire of the community with respect to the proposed "Colonel Burwell Daze" considering the 1996 events program. Councillor Loucks identified a potential liability problem with the municipality. The Administrator/Clerk-Treasurer identified that the event could be sponsored under the Port Burwell Events Committee thereby under the liability insurance of the Municipality. The issue is to be brought before the Port Burwell Community Improvement and Recreation Society and the Recreation Committee for further discussion and planning. c) Community Policing Chairperson John Lavers will not be attending the conference on behalf of the Committee as his current work commitments interfere. d) Roads Committee Adoption of Minutes of Committee Meeting dated May 3, 1995 Resolution #951010-15 MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Roads Committee minutes of the meeting dated May 3, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business arising from Minutes of committee meeting dated May 3, 1995 None. Adoption of Minutes of Committee Meeting dated June 7, 1995 Resolution #951010-16 5 MOVED BY: Dave Mason SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Roads Committee minutes of the meeting dated June 7, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business arising from Minutes of committee meeting dated June 7, 1995 None. e) Recreation Advisory Committee Adoption of Minutes of Committee Meeting dated July 26, 1995 Resolution #951010-17 MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Recreation Advisory Committee minutes of the meeting dated July 26, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve Business arising from Minutes of committee meeting dated July 26, 1995 Councillor Loucks provided additional details with regard to the 1995 Christmas parade. Councillor Mason provided concern with regards to a night time parade. The parade route was further discussed. f) BTA A$200.00 donation was given to the Municipality by the BTA towards the erection of the Museum Pavilion. Additional Christmas light connections were requested by the BTA to a maximum of$500.00. 6 The Annual BTA Dinner Meeting is planned for November 2, 1995 at Craiger's Cove. Guest speaker is Lou Goulet, Vice President of Pembina. 7. Port Burwell Fire Prevention - Bylaw 90-20 - Memo E. Roloson - Received and Filed - Memo D. Free - Received and Filed Reeve Nesbitt identified that in consideration of the information received that the Fire Chief is to investigate a program of fire prevention. It was also identified that there may not be time available for the Fire Chief to perform the inspections and therefore outside consultants may be required. Councillor Mason inquired as to the priority of buildings to be inspected. The Administrator/Clerk-Treasurer stated that all buildings are now of priority considering the apparent lack of inspections within the municipality. A report on this matter is to be provided by the Fire Chief at the October 24, 1995 Council meeting. 8. Bylaw 95-52 being a bylaw to permit the Sale of Surplus Property Resolution #951010- 08 MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-52, being a by-law to permit the sale of surplus property under the ownership of the Corporation of the Village of Port Burwell. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 9. Bylaw 95-54 being a bylaw to permit the execution of an Easement Agreement with property owners in vicinity of Chatham and Bridge Street - Memo D. Free - Received and Filed - Letter Joan Krantz-Sippel - Received and Filed Resolution #951010- 09 7 MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor Whereas the Addison Street Road construction project includes for drainage improvements to the general area including at the intersection of County Road #39 and #42, and; Whereas Corporation of the Village of Port Burwell is desirous of having a drainage maintenance easement adjacent to Parts 1 and 2 of Registered Plan 11R-3758, Village of Port Burwell hereinafter described as Parts 4 and 5 of Register Plan 11R- 6029, Village of Port Burwell. Now Therefore the Council of the Corporation of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk-Treasurer to prepare and execute the easement agreements forming Schedule "A" of this bylaw in favour of the municipality with the current and future property owners of Parts 4 and 5 of Registered Plan 11R-6029, Village of Port Burwell. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 10. By-law 95-51 Being a by-law to amend Bylaw 93-16 being a bylaw to constitute and appoint a Committee of Adjustment for the Corporation of the Village of Port Burwell. - Memo D. Free Resolution #951010-10 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-51, being a by-law to amend By-Law 93-16, being a by-law to constitute and appoint a Committee of Adjustment for the Corporation of the Village of Port Burwell. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third.Time and Finally Passed. 8 Resolution #951010-12 MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks Whereas the Planning Act, RSO 1990, c. P.13, s.44, as amended provides for the establishment of a Committee of Adjustment, and; Whereas Council enacted Bylaw 93-16 being a by-law to constitute and appoint a Committee of Adjustment for the Corporation of the Village of Port Burwell, and; Whereas Council further amended bylaw 93-16 with bylaw 95-51, and; Whereas working conflicts have arisen with respect to Committee Members George Allen and Allan Spicer. Now therefore The Council of the Village of Port Burwell hereby appoints Councillors Dave Mason and Jim Hevenor to the Committee of Adjustment for the October 17, 1995 meeting only to hear and render a decision with respect to Application A1/95. UNANIMOUSLY: Tom Nesbitt, Reeve 11. Review and Approval of Accounts & Cheques Resolution #951010-05 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the accounts payable as amended in the amount of $14,955.74, Council pay in the amount of$840.00, payroll in the amount of$14,982.22 and the cheques attached in the amount of$605.00. UNANIMOUSLY: Tom Nesbitt, Reeve 12. Old Business - Mario Chirico proposal East Beach - Memo D. Free - Received and Filed 9 Councillor Loucks requested that a letter be sent to Mr. Chirico identifying the issues raised in the memo dated October 2, 1995 from the Administrator/Clerk-Treasurer with respect to the Chirico East Beach proposal in order to formally avoid any misunderstanding and costs to either the municipality or the proponent. Resolution #951010-18 MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-56, being a by-law for the joint operation of works, systems and services specifically Garbage disposal and the charging of user fees thereof. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read. a First and Second Time By-Law Read, a Third Time and. Finally Passed. 13. New Business Delegation - Doris Vandeeckhout, Stephen Cummings and Cathy Bishop, Elgin County Public Library System Cathy Schaffer, Principal, Port Burwell Public School Cathy Bishop of the Elgin County Library System made a presentation to Council with respect to the "Internet" being available to Port Burwell residents through the local library and Public School. The presentation was further supported by Stephen Cummings with respect to the technical issues and the current usage in other locations within Elgin County. On behalf of the Library system based upon a 2 year funding scheme, it was requested of Council to support the installation at the local library in order to permit community access to the "Internet". It was identified by the Administrator/Clerk-Treasurer that a "Home Page" was currently under development for the "Internet" and expected to be posted within two weeks in order to have global access for information of our community. Resolution #951010-19 MOVED BY: Gordon Loucks 10 SECONDED BY: Jim Hevenor The Council of the Village of Port Burwell supports the application for Community Access Project funding to create public access sites to the electronic highway for the local library and school(s) with the understanding that the municipality's financial commitment involves the installation and carrying costs of up to two telephone lines at an estimated total cost not to exceed $600.00 per year, per line. UNANIMOUSLY: Tom Nesbitt, Reeve Resolution #951010-20 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor WHEREAS the National Community Tree Foundation has recently announced the Green Street Canada program to provide financial assistance to municipalities for tree planting programs in urban areas; AND WHEREAS, Green Streets Canada requires municipal Council to commit to a tree planting program that will enhance the Corporation's existing tree planting program, faster community involvement and enhance public awareness of the benefits of trees; AND WHEREAS, the Department of Public Works has detailed an enhanced planting program that, with funding assistance from green Streets Canada will see tree planting in Port Burwell increase by approximately 8,000 trees; combined of seedling, sapling and mature stock. AND WHEREAS the application for Green Streets Canada requires written consent from the mayor/reeve and Council endorsement; THEREFORE BE IT RESOLVED THAT, Council affirms Port Burwell's commitment to Green Streets Canada, thereby confirming that municipal funding will be available, if the application to Green Streets Canada is successful, as outlined in the application. UNANIMOUSLY: Tom Nesbitt, Reeve 11 14. Motion to Adjourn Resolution #951010-04 MOVED BY: Gordon Loucks Approved: Octoer 24, 1995 deiLoW Tom Ne itt Reeve David . Free Admi• istrator/Clerk-Treasurer 12 Village of Port Burwell Minutes Council Meeting October 24, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Allin (part time), Councillor Hevenor and Councillor Loucks Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, John Lavers, Tony Lama and Tom Millard - Fire Chief Call Meeting to Order Declaration of Conflict of Interest None 1. Adoption of Minutes of Regular Council Meeting dated October 10, 1995 Resolution #951024- 01 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the October 10, 1995 Regular Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated October 10, 1995 Councillor Mason inquired with respect to the letter sent to Mario Chirico with respect to the development proposal for the East Beach. The Administrator/Clerk- Treasurer identified that the memo was sent at the request of Council considering a the requirements to be satisfied prior to proceeding to the next stage of development for the East Beach property. 3. Adoption of Minutes of Special Council Meeting dated March 20, 1995 - Memo D. Free Resolution #951024- 02 1 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the March 20, 1995 Special Council Meeting. UNANIMOUSLY: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated March 20, 1995 None. 5. Bylaw 95-57 being a bylaw to enter into an Encroachment Agreement for Lot, Village of Port Burwell - Memo D. Free - Received and Filed. Resolution #951024- 06 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-57, being a by-law to permit the encroachment of a building located at 19 Pitt Street, Village of Port Burell. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 6. Bylaw 95-58 being a bylaw to amend Bylaw 95-03 prescribing a tariff of fees for the processing of applications made in respect of planning matters. - Memo D. Free - Received and Filed. Resolution #951024-08 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-58, being a by-law to amend By-Law 95-03, being a by-law 2 prescribing a tariff of fees for the processing of applications made in respect of planning matters. UNANIMOUSLY: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 7. Correspondence a) Bennett, Jones Verchere - Barristers & Solicitors - NRG Ltd. Rate Application Received and Filed. b) YWCA - Women of Distinction Award - File #1155 Received and Filed. c) Elgin Area Administrators Group - Report on Activities - File #440 Received and Filed. d) County of Elgin - Questionnaire from County Study Committee - File #469 Council will discuss this matter in detail at a special meeting to be scheduled in November, 1995 in concert with a Budget Meeting. e) Ontario Good Roads Association - 1996 Annual Conference - File #462 Received and Filed. f) Ministry of the Solicitor General and Correctional Services November 5 to 11, 1995 Crime Prevention Week - File #1152 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor The Council of the Village of Port Burwell hereby proclaims November 5th to November 11th, 1995 to be Crime Prevention 3 Week. CARRIED: Tom Nesbitt, Reeve 8. Committee and Community Reports a) County The County is pursuing the restructuring through the Committee. b) Museum Advisory Committee No report. c) Community Policing Members of the Committee are to be present at the next Council meeting, as well as a member from the OPP. A letter is to be prepared to ensure their attendance at the November 14, 1995 Council Meeting. Committee member John Lavers requested volunteers for community patrol during Halloween. It was also requested that permission be granted for the Committee to rent "walkee talkees" for use during the community patrol. Mr. Lavers expressed concern with respect to changes in coverage considering changes in the office operations of the OPP. A public meeting is being considered for November 13, 1995. d) Roads Committee Councillor Atm identified that the Committee will now meet on an "as required" basis considering future matters. Councillor Allin identified that there are some Stop signs within community which are fading. Councillor Mason requested that consideration be given to closing Cowper Street and further investigation is to ensue. Councillor Allin expressed concern and requested a report or further discussion before this matter be embarked upon. 4 e) Recreation Advisory Committee No report. f) BTA The Annual BTA dinner will be held on November 2, 1995 at the Legion. 9. Port Burwell Fire Prevention - Bylaw 90-20 - Memo to T. Millard - Received and Filed. - Information Noted Below was Previously Circulated October 10, 1995 - Case Law Smith ats Jacklin - Memo E. Roloson - Received and Filed - Memo D. Free - Received and Filed Reeve Nesbitt identified that at the request of the Fire Chief Council deliberated into Committee of the Whole. Resolution #951024-03 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Resolution #951024-04 MOVED BY: Gordon Loucks SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve The Fire Chief identified to Council that a representative from the Fire Marshalls Office, Mr. Les Trowsdale would like to speak to Council in Committee of the Whole 5 considering matters pertaining to Fire Prevention. The Administrator/Clerk- Treasurer expressed concern with respect to deliberation into Committee of the Whole when the subject matter apparently does not pertain to legal, property or personnel. Reeve Nesbitt identified if is the only way in which Les Trowsdale will appear Council will consider the discussions to be personnel matters. The Fire Chief was to make contact for a meeting in the municipal offices November 8, 1995. 10. Bylaw 88-20 being a bylaw to enter into a Subdivision Agreement with Tony Lama - Memo D. Free - Received and Filed. - Letter Cyril Demeyere Engineering Limited - dated October 10, 1995 Tabled until there is further discussion with Tony Lama and the Administrator/Clerk-Treasurer. 11. OCWA Financial Matters Tabled. 12. OHRP Loan #69 to S. Foot -Letter Micheline Riopelle dated October 10, 1995 - Received and Filed. - Memo D. Free - Received and Filed. Resolution #951024- 10 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks Whereas the municipality has been charged with providing grants under the Ontario Housing Renewal Program hereafter referred to as OHRP, legislated by the Ontario Housing Development Act RSO 1990, as amended inclusive of regulation, and; Whereas the municipality from time to time may loan money on behalf of the Province of Ontario to persons for the repair and improvement of their property, and; Whereas Loan #69 (Foote OHRP Loan) under the OHRP program grant in 1970 is in arrears and its management not keeping with standard and appropriate practices and having being reviewed by the Municipal solicitor and the Ministry of Housing, and; 6 Whereas the Corporation of the Village of Port Burwell monitors the loans as a trust with the Province of Ontario and is responsible for the collection of loans under OHRP program, and; BE IT RESOLVED, the Council of the Village of Port Burwell under the advice of the municipal solicitor in 1990 and the refusal of the Ministry of Housing to grant forgiveness in this matter hereby directs the Administrator/Clerk-Treasurer to "write off" the outstanding amount of $2,298.32 as a charge to municipality making payment forthwith to the Ministry of Housing in accordance to the regulations. UNANIMOUSLY: Tom Nesbitt, Reeve 13. Official Plan Update - Memo D. Free - Received and Filed. Resolution #951024-11 MOVED BY: Gordon Loucks SECONDED BY: Dave Mason Whereas the Planning Act, RSO, c. P.13, s.26 as amended provides that council of every municipality that has adopted and had approved an official plan shall from time to time, and not less frequently than every five years, hold a special meeting of council, open to the public, for the purpose of determining the need for a revision of the official plan and determining the need to amend the plan to make it consistent with the policy statements issued under subsection 3(1), and; Whereas notice of every special meeting held under subsection (1) shall be published at least once a week in each of two separate weeks, such publication to be completed not later than thirty days before the date of the meeting, and the council shall afford any person who attends the meeting an opportunity to be heard in respect of the need for a revision of the plan. Whereas the municipality of the Village of Port Burwell passed its Official Plan by bylaw 90-23 November 13, 1990 and by the provisions of the Planning act must provide a public meeting for the purpose of determining the need to revise the Municipal Official Plan. BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to make notice in accordance to the Planning Act and regulations thereof, of a public meeting to hear in respect of the need of revision to 7 the Official Plan to be set for 7:00 pm, November 27, 1995 , at the Parish Hall. UNANIMOUSLY: Tom Nesbitt, Reeve 14. Green Streets Canada Application - Memo R. Henry - Received and Filed - Letter to Green Streets Canada - Received and Filed -Application - Received and Filed 15. Gaming Control Commission - Memo D. Free - Received and Filed - Letter D. Free - Received and Filed Resolution #951024-09 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor Whereas the municipality has operated a Break Open Ticket License under the Port Burwell Recreation Board, and; Whereas commissions were paid in excess of what was permitted to the third party location known as the Port Burwell Variety Store in the amount of$8,952.86, and; Whereas the Corporation of the Village of Port Burwell has assumed responsibility for the overpayment to the third party location, and; Whereas these monies under the legislation and regulations must be returned to the charitable organization now formed as the Port Burwell Community Improvement and Recreation Society, and; Whereas the Council of the Village of Port Burwell has reorganized the municipal structure to eliminate further and future breaches of the regulations and policies of the Gaming Control Commission. BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to pay in full $8,952.86 to the Port Burwell Community Improvement and Recreation Society no later than December 31, 1995. UNANIMOUSLY: Tom Nesbitt, Reeve 8 16. Bylaw 95-50 being a bylaw to rename certain Roads and Streets Tabled. 17. Review and Approval of Accounts & Cheques Resolution #951024-12 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the accounts payable as amended in the amount of$12,572.26 and the cheques attached in the amount of$3,333.39. UNANIMOUSLY: Tom Nesbitt, Reeve 18. Financial Reporting as at September 30, 1995 - Memo D. Free - Proposed Financial Management Plan to year end 1995 Resolution #951024-13 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor Whereas the Council of the Village of Port Burwell enacted bylaw 95-25 being a By- Law to adopt the current estimates and strike the interim levies and rates of taxation for the year 1995 as required by the Municipal Act, R.S.O. 1990, Chap. M.45, the Ontario Unconditional Grants Act, and The Education Act, R.S.O. 1990, Chap. E.2. Whereas opportunities and unforseen costs have arisen subsequent to the passing of bylaw 95-25 for the 1995 estimates, and; Whereas the Administrator/Clerk-Treasurer has developed and presented a report and financial management plan which reflects and addresses the changes in the municipal operations towards balanced finances for the fiscal year of 1995. BE IT RESOLVED, the Council of the Village of Port Burwell hereby adopts the financial management plan and directs the Administrator/Clerk-Treasurer to proceed 9 with the recommendations therein forthwith. UNANIMOUSLY: Tom Nesbitt, Reeve 19. Old Business Resolution #951024-14 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor Whereas the Housing Development Act, RSO, c. H.18, s.7, p.5 as amended provides that despite any other Act, the council of a municipality that enters into or has heretofore entered into an agreement with Her Majesty the Queen in right of Ontario, or with Her Majesty the Queen in right of Ontario and Central Mortgage and Housing Corporation, a corporation established by The Central Mortgage and Housing Corporation Act (Canada), pursuant to The Housing Development Act, 1948 or this Act or a predecessor of this Act shall be deemed to have and to have had authority to enter into such agreement and shall have all such powers as may be necessary to carry out the provisions thereof or of any undertaking given by such council pursuant thereto, and, without limiting the generality of the foregoing, such council may incur continuing obligations and make provisions for the discharge thereof and may contribute money to and expend money on joint housing projects and raise money therefor by the issue of debentures, all without the assent of the electors and without reference to the Ontario Municipal Board, and such council may apportion any debt or obligation arising out of such agreement in such manner as it considers equitable against any properties, whether such properties form part of a project within the meaning of such agreement or are adjacent thereto, and such debt or obligation when so apportioned shall be deemed to be a land tax within the meaning of the Municipal Act and recoverable as such, and; Whereas the Corporation of the Village of Port Burwell has loaned to persons with respect monies with respect to the Ontario Housing Renewal Program, and; Whereas significant arrears have been tolerated despite concerted efforts to collect the outstanding amounts due to the Ministry through the Corporation of the Village of Port Burwell. BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to place all amounts in arrears with respect to the Ontario Housing Renewal Program to the tax roll of the individuals and collect the 10 arrears like taxes forthwith in accordance to the provisions of the Municipal Act. CARRIED: Tom Nesbitt, Reeve 20. New Business None. 21. Motion to Adjourn Resolution #951024-05 MOVED BY: Jim Hevenor Approved: November 14, 1995 /71141-/4" Tci Nesbitt Reeve �/ David r. Free Ad istrator/Clerk-Treasurer 11 Village of Port Burwell Minutes Special Council Meeting November 8, 1995 7:00 p.m. Present: Reeve Nesbitt, Councillor Allin, Councillor Loucks, Councillor Mason, and Councillor Hevenor Staff: Administrator/Clerk-Treasurer, Tom Millard - Fire Chief Guests: Les Trowsdale - Fire Marshall's Office Call Meeting to Order 7:20 pm Declaration of Conflict of Interest None 1. Delegation - Fire Marshall's Office - Les Trowsdale - Fire Prevention Reeve Nesbitt welcomed Les Trowsdale and identified the concern of Council with respect to Fire Prevention considering liability and costs for the municipality. Mr. Trowsdale provided an overview of cases and how they may apply to Port Burwell with respect to fire prevention. A policy is to be established identifying possible limitations for fire prevention in order to reduce costs for the municipality. Mr. Trowsdale expressed concern for the existing municipal Bylaw 90-20 and suggested that the bylaw be revised to reflect the cost efficiency and public safety. Reeve Nesbitt agreed that the bylaw must be revised, and instructed the Administrator/Clerk-Treasurer and the Fire Chief to provide recommendations. 2. Old Business The Fire Chief inquired as to the opinion of Mr. Trowsdale with regards to the repair of an existing fire truck or to purchase a used vehicle from the city of St Thomas.. Mr. Trowsdale provided options and costs with respect to the rehabilitation of the existing Fire Truck however suggested that the purchase of the used truck from the city of St. Thomas may be a viable alternative. 1 Council directed the Fire Chief to make an offer to the St. Thomas Fire Department as budgeted within the 1995 Annual Estimates and the Financial Management Plan. 3. New Business Resolution #951108-02 MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks Whereas Council within the municipal organization is desirous to have committees to provide advice and support and representation thereof. BE IT RESOLVED, the Council of the Village of Port Burwell hereby appoints Jim Hevenor as the representative to the Port Burwell Fire Department effectively immediately. CARRIED: Tom Nesbitt 4. Motion to Adjourn Resolution #951108-01 MOVED BY: Jim Hevenor Approved: Nov • .er 14 1925 i)// '. Tom esbitt Reeve Davi. . Free A., inistrator/Clerk-Treasurer 2 Village of Port Burwell Minutes Council Meeting November 14, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason and Councillor Hevenor Regrets: Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Malcolm Mac Neil and Ron Bradfield Call Meeting to Order 7:30 Declaration of Conflict of Interest None 1. Adoption of Minutes of Regular Council Meeting dated October 24, 1995 Resolution #951114- 01 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the October 24, 1995 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated October 24, 1995 Councillor Mason complimented staff on the quick response with regards to the erection of the "Stop Sign signs. 3. Adoption of Minutes of Special Council Meeting dated November 8, 1995 Memo D. Free - Received and Filed Resolution #951114- 02 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor 1 BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the November 8, 1995 Special Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated November 8, 1995 Councillor Hevenor identified that the opportunity to purchase the St. Thomas Fire Truck had passed and that the fire department was continuing with the repair of the existing pumper. 5. Bylaw 95-50 being a bylaw to Rename certain Roads and Streets within the Village of Port Burwell - Memo D. Free - Received and Filed Resolution #951114- 06 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-50, being a by-law to Rename certain roads and Streets within the Village of Port Burwell. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second.Time By-Law React. a Third Time and Finally Passed. 6. Water meter violations 29 Brock Street - Memo D. Free - Received and Filed - Memo E. Roloson - Received and Filed The memos from staff identified a continual breach of the water and sewer bylaws by Mr. Chirico considering various rental buildings in the community of which has now been brought to Councils attention. Mr. Chirico identified that the readouts are now being repaired. Mr. Chirico stated that he did not want to comply with the requirement of using municipal water meters. 2 Reeve Nesbitt stated that this bylaw has been effect for several years and that all users are required to comply. Mr. Chirico stated that the cost of the water meters is too high and that the water meters are satisfactory for the municipality's purposes. The Administrator/Clerk-Treasurer stated that a separate set rules for individuals is not standard, nor permitted under the current bylaw structure. 7. Correspondence a) Environment Canada - Mixed Wood Plain Ecozone Conference - File #462 Received and Filed. b) Made in Canada World Expo - File #462 Received and Filed. c) ROMA Nominations for Board of Directors - File #585 Received and Filed. d) Bennett, Jones, Verchere - Natural Resource Gas Limited Rate Application Received and Filed. e) Pitch In Ontario Pitch in Week May 6-12, 1996 The information received concerning Pitch In Ontario - Pitch In Week is to be forwarded to the Recreation Committee. f) Crisis Preparedness Group - Emergency Planning - File #899 Received and Filed. g) Tree Canada Foundation - File #2197 Received and Filed. h) LPRCA Full Authority Minutes - File #477 Received and Filed. 3 i) Gaming Control Commission - File #1089 Received and Filed. j) Minister of Municipal Affairs - Annual Conference - File #485 Received and Filed. k) Elgin Community Leaders Letter - File #1094 Received and Filed. 1) County of Elgin - Winter Control on County Roads - File #469 Received and Filed. m) Village of Port Stanley - Casino Gambling - File #823 Resolution #951114-13 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the resolution passed by the Council of the Village of Port Stanley at the October 23, 1995 Council Meeting opposing any province-wide referendum on the issue of casino gambling. CARRIED: Tom Nesbitt n) Rural Ontario Municipal Association - '96 Conference - File #585 Received and Filed. Jim Hevenor expressed an interest in attending the 1996 ROMA Conference. 4 o) LPRCA-Jim Oliver - Erosion/Speed Limits for Creek - File #618 Based on the memo from Jim Oliver and the letter from a user of the Big Otter Creek harbour area, Councillors Hevenor and Mason suggested formal posting of the speed limits with respect to the existing bylaw. The Administrator/Clerk-Treasurer is to investigate existing bylaws and legislation for authority to post the speed limit in the harbour area and commence with an action plan which will deal with the issue. p) County of Elgin - Lemay Severance - File #571 The Administrator/Clerk-Treasurer expressed concern with regard to the legality of the application as presented considering the commissioning of the document. The matter is to be referred to County Land Division Committee for final resolution. Council had no concerns with respect to the application as completed by staff. 8. Committee Reports a) County The Library Committee toured all of the Elgin libraries. The response to the local library was very positive. The Elgin Tourist Association is to meet on November 15, 1995. b) Museum Advisory Committee Adoption of Minutes of Committee Meeting dated October 3, 1995 Resolution #951114-08 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby receives and adopts the Port Burwell Museum Advisory Committee minutes of the meeting dated October 3, 1995. CARRIED: Tom Nesbitt, Reeve 5 Business arising from Minutes of committee meeting dated October 3, 1995 Pierre Burton will not be attending the Museum Committee Annual diner as he must remain focused on writing a new novel. However, David Stone has been approached and tentatively has agreed to attend the Annual Dinner on June 6, 1995 as a speaker. Additional Christmas Lights have been requested in the area of the Lighthouse. Councillor Mason requested assistance from the Public Works Staff including covering the cost of the lights. Councillor Hevenor expressed concern with regard to this activity and suggested that the matter receive further consideration. c) Community Policing Halloween was uneventful with thanks efforts of the volunteers of the Community Policing Committee patrolling the streets of Port Burwell. d) Roads Committee No Report. e) Recreation Advisory Committee No Report. f) BTA A request was made by the BTA for additional electrical outlets in order to accommodate more Christmas Lights. The Administrator/Clerk-Treasurer identified that additional outlets are not required at this time as currently the existing Christmas Lights are being fully utilized. The Annual BTA meeting was successful and unfortunately Lou Goulet,Vice President of Pembina Explorations, the scheduled guest speaker was unable to attend. Mr. Stuart McKibbin graciously acted as the guest speaker providing a political history of Port Burwell in its transition from a Police Village to a fully incorporated municipality. Reeve Nesbitt also spoke to the group answering questions concerning 6 the future of the municipality. g) Municipal Key Indicators i) Financial Reporting Received and Filed. ii) Memo E. Roloson - Certification as Operator in Training of the Sewage Treatment Plant Received and Filed. iii) Memo E. Roloson - Fire Extinguisher Inspections Received and Filed. iv) E. Roloson - Status Report - Building Inspection Received and Filed. v) E. Roloson - Status Report - Bylaw Enforcement Received and Filed. vi) D. Lamoure - Status Report - Lottery Licensing Received and Filed. 9. Port Burwell Fire Department - Application for Volunteer Fire Fighter Resolution #951114-07 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason The Council of the Village of Port Burwell hereby approves the application for Volunteer Fire Fighter from James Liberty, condition upon the fulfillment of the requirements of By-Law 90-20. CARRIED: Tom Nesbitt, Reeve 7 Resolution #951114-09 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason The Council of the Village of Port Burwell hereby approves the application for Volunteer Fire Fighter from Mark Taylor, condition upon the fulfillment of the requirements of By-Law 90-20. CARRIED: Tom Nesbitt, Reeve 10. Bradcranex Work Permit Application - Letter Ron Bradfield October 23, 1995 - Received and Filed -Application for Work Permit Attached - Memo D. Free - Received and Filed Council expressed no concern with regard to the application and directed the Administrator/Clerk-Treasurer to forward a letter of consent to the subject authorities. 11. OCWA Financial Matters - Memo D. Free - Received and Filed A payment in the amount of$64,823.33 is to be forwarded to the Ontario Clean Water Agency including the letter as presented. In addition to the letter, a meeting is to be requested during the week of December 1, 1995 in order to address issues in the letter dated October 27, 1995 from Mr. Isles, Regional Manager of the Ontario Clean Water Agency. 12. Elizabeth Street Subdivision - Memo D. Free - Received and Filed Councillor Hevenor suggested that Cyril Demeyere review the severance application and subdivision plans in order to protect the municipality's interest in this area of land with respect to setting the conditions required by the municipality. 13. Bylaw 95-32 being a bylaw to Regulate and license trailers and trailer camps within the Village of Port Burwell - Bylaw Previously Introduced June 27, 1995 - Oral Report D. Free 8 - Submission to Fair Tax Commission including subsidiary correspondence -Amabel Township - Received and Filed On the recommendation of the Administrator/Clerk-Treasurer it was agreed to have this matter tabled until the new Municipal and Assessment Act is presented. Reeve Nesbitt identified that this will be an item for serious discussion in the formulation of the 1996 budget deliberations. 14. Local Architectural Conservation Advisory Committee - Memo D. Free - Received and Filed The Administrator/Clerk-Treasurer was directed to amend the Museum Bylaw in order to incorporate the Local Architectural Conservation Advisory Committee (LACAC) within the responsibilities of the Museum Committee. 15. 1996 Business Meeting - Memo D. Free - Received and Filed A Business Plan meeting date has been tentatively established for January 13 and 14, 1996 at the Kettle Creek Inn of Port Stanley. 16. Resolution to Cancel Stale Dated Cheques Resolution #951114-10 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason The Council of the Village of Port Burwell hereby agrees to cancel cheque #7262 dated April 16, 1995 in favour of Don and Shirley Manion in the amount of$1.00 and cheque #9461 dated December 13, 1994 in favour of the Minister of Finance in the amount of$50.00. CARRIED: Tom Nesbitt, Reeve 17. Review and Approval of Accounts & Cheques Resolution #951114-11 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor 9 BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the accounts payable as amended in the amount of $21,453.70, Council pay in the amount of$834.75, payroll in the amount of$11,769.06 and the cheques attached in the amount of$11,664.07. CARRIED: Tom Nesbitt, Reeve 18. Old Business - Memo E. Roloson - Minimum Building Sizes Permitted in Surrounding Municipalities - Received and Filed 19. New Business i) Sale of Surplus Property - Pembina Resources Limited Resolution #951114-12 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor Whereas the Council of the Village of Port Burwell is in receipt of a formal offer from Pembina Resources Limited for the purchase of Part Lot 11, Concession 1, and part of accreted land in front of Lot 11, Concession 1, fronting Chatham Street, and; Whereas the terms of the offer have been reviewed by Council and the municipal solicitor with respect to real estate dealings of behalf of the Corporation of the Village of Port Burwell. BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk-Treasurer to execute the "Offer to Purchase and Agreement of Purchase and Sale" attached hereto as Schedule "A" forthwith and subject to amendments hereby binding all parties. CARRIED: Tom Nesbitt, Reeve ii) Municipal Drainage Problems - Memo D. Free - Received &filed In review of the information provided, Council accepted the recommendation of the 10 Administrator/Clerk-Treasurer in having Cyril Demeyere, Consulting Engineer provide information with respect to"petitioning drains"in the municipality. This will finally develop an action plan to correct many of the local problems with respect to drainage within the municipality on a shared cost basis with the County, local benefiting residents and the Corporation of the Village of Port Burwell. Mr. Demeyere is tentatively scheduled to appear before Council November 28, 1995 to provide a summary and engineering proposal with respect to Municipal Drains in Port Burwell. 20. Committee of the Whole Resolution #951114-03 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Resolution #951114-04 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 21. Motion to Adjourn Resolution #951114-05 MOVED BY: Jim Hevenor 11 Approved: November 28, 1995 Tom Nesby Reeve David R ree Administrator/Clerk-Treasurer 12 Village of Port Burwell Minutes Special Council Meeting November 27, 1995 7:00 p.m. Location: Trinity Parish Hall Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Alun Staff: Administrator/Clerk-Treasurer Guests: John Henricks - Henricks & Associates - Municipal Planner, John Mann, Mario Chirico, Larry & Betty Martin, George Allen, Joyce & Tom Farlow, Stuart McKibbon and Shirley Manion Call Meeting to Order - 7:30 pm Declaration of Conflict of Interest None 1. Opening Remarks - Reeve Nesbitt Reeve Nesbitt welcomed the citizens explaining that the Planning Act requires that each municipality is required to have an Official Plan Meeting a minimum of every 5 years to review the necessity for a comprehensive update or a new Official Plans as may be required. The Reeve also identified that there is great uncertainty in the world of municipal government and to this end the process before us this evening will be considered carefully before spending monies towards updating the Village of Port Burwell Official Plan. Although the economy has changed since the original plan was implemented the general direction of the community has also changed. The opportunity and the likelihood of the Outer Harbour Development pursued during the early 1990's has since passed and the community must move on to new opportunities. Reeve Nesbitt requested that John Henricks, the Municipal Planner deliver his report to Council and identified that subsequent to the delivery of his report and Council questions that comments and questions from the public in attendance would be permitted. 1 2. Planning Report -J. Henricks &Associates Report - Received and Filed Mr. Henricks reiterated the requirements of the Planning Act therefore the meeting this evening. The municipality started the Official Plan process in 1987 until finally adopted in November 1990. The matter of the budget imminent from the Province has and will continue to influence the municipality more directly with respect to the current Official Plan. Mr. Henricks suggested that the current official plan should be reviewed and updated however, a Community Plan with vision. The original official plan was originally contrived as the result of Provincial direction and as a vehicle for increased access to Provincial and Federal grants towards community improvement. The new official plan is to be a document which will provide for the existing community's future growth. There are major changes scheduled by the province for the Planning Act however, the community must strive to develop a direction despite the uncertainty at the provincial level. Councillor Mason provided a memorandum which addressed personal concerns considering history and the possible issues of amalgamation. Received & Filed Councillor Hevenor expressed concern with regards to making significant changes to our municipal planning documents considering the uncertainty at the Provincial level. Councillor Hevenor suggested a vehicle to sustain the harbour activities despite any changes invoked by the government which could include Harbour Commission, or a Chamber of Commerce or a BIA. 3. Delegation - Open Forum Mario Chirico - Questioned the Municipal Planner on "how long it would take between the existing official planner in existence and considering any forth coming changes". The Municipal Planner identified that the current official plan will remain in effect until a new plan is completely and official adopted both at the local and provincial levels. Despite any forth coming changes from the province. Mario Chirico suggested that "Should the official plan be changed in the future that the lot sizes and setbacks be changed at the same time." The Municipal Planner identified that the vehicle to accomplish these changes would not be the official plan instead the Zoning bylaw is the mechanism which also could be modified at the request of Council. 2 George Allen expressed concern with respect to future plans and it seems that the amalgamation of the community is fete complete Reeve Nesbitt identified that amalgamation is not complete. The final decision will be made by the Ratepayers and Council when the issue formally arises. Tom Farlow expressed agreement with Councillor Hevenor's comments, in that being prepared with local entities will protect some of the local interests. The Municipal Planner also responded that the possible task before Council is to develop a local plan despite the direction of province. George Allen expressed concern again and stated that the municipality should "stay the course". Reeve Nesbitt identified that the municipality will stay the course and react for the betterment of the municipality. Stuart McKibbon asked if the Region of Haldimand Norfolk had a choice for amalgamation. Mr. McKibbon identified that considering his personal experience as one of the first Councillors of the municipality in 1949 that Council has a large task before it. He also suggested that a strong fight is required regardless of the Provincial direction or decision. Councillor Hevenor recalled a meeting with the honourable Ernie Hardeman and suggested that changes are coming with less government and consequently less costs. Stuart McKibbon recalled that prior to the incorporation as a municipality there was little service to the residents of Port Burwell from Bayham Township and he did not want to see that situation again. Reeve Nesbitt identified that in recent discussions with the Reeve of Bayham that Bayham Township is not waiting to assume Port Burwell nor is Port Burwell waiting to assume Bayham. Councillor Mason suggested that many boundaries will change including Counties the Municipal Act. The grants which are coming include funding changes possibly in the form of block funding. George Allen stated all the assets of the community is the infrastructure and does not include industry. 3 Councillor Mason suggested that more boardwalks are required to take advantage of the view of Lake Erie and that is why people visit our community. It was also suggested that improvements are required including businesses and boutiques. Mr. Mason agreed with George Allen, The Municipal Planner commented on Mr. Masons suggestions in that the community had a number of good resources with respect to public spaces and these entities will serve to improve local business. However, a plan must be established in order to continue the development of the community. The city of London has recently completed its new official plan and it seems to be a more complex document. There are however, communities which have a less complicated document. The local document should be simple and a local product. Shirley Manion asked if policing falls under the Official Plan Review process. She expressed frustration with local vandals and their destruction of personal property especially on Robinson Street and that this should be addressed within the plan. The Municipal Planner identified that the document could be addressed within this matter. Reeve Nesbitt identified that the neighbourhood watch is currently being considered, However, the province is rumoured to be passing policing costs to the municipalities which is an additional cost including the cuts from the Province. Mario Chirico questioned the time frame for the official plan update. The Municipal Planner suggested that a preliminary document could be assembled within 3 to 6 months. If Council decides that an update is required there will be several meetings. Development Charges will also be reviewed by the province and will have an effect on the municipality since Port Burwell does have John Mann inquired as the projected cuts and how it will be dealt with locally. Reeve Nesbitt identified that the budget process has started including business planning meeting to address the possible cuts. The Reeve suggested that the meeting should be brought to a close and inquired if there were any other comments from Council. 4. Old Business None. 4 5. New Business None. 6. Motion to Adjourn MOVED BY: Cindy Allin Approved: Decemb r 12, 1995 frprar Tom l sbitt Reeve Da . r. ree Admi istrator/Clerk-Treasurer 5 7 Village of Port Burwell Official Plan Review Special Meeting November 27, 1995 Trinity Parish Hall P�ect's isj •gistry BART cvaiGa ,/ 1 AAO. �� % ZIA F4/2ec Village of Port Burwell Official Plan Review Special Meeting November 27, 1995 Trinity Parish Hall Please Sign Visitor Registry ris L a Village of Port Burwell Minutes Council Meeting November 28, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer and Cyril Demeyere Call Meeting to Order Declaration of Conflict of Interest 1. Adoption of Minutes of Regular Council Meeting dated November 14, 1995 Resolution #951128- 01 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the November 14, 1995 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated November 14, 1995 None. 3. Municipal Drainage Problems - Memo D. Free November 11, 1995 previously circulated - Received & Filed - Letter and preliminary report Cyril Demeyere Consulting Engineer - Received & Filed Mr. Demeyere reviewed the details of his report to Council with respect to the process of the Drainage Act and as it may apply to the municipality considering the memo from the Administrator/Clerk-Treasurer with respect to continuing drainage problems within the municipality. 1 Council will consider the report and information from Mr. Demeyere and provide their final direction in this matter in the immediate future. 4. Ministry of Transportation - Petition for Subsidy Resolution #951128- 06 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor The Council of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk-Treasurer to execute the "1995 Petition for Subsidy" to the Ministry of Transportation. CARRIED: Tom Nesbitt, Reeve 5. Correspondence a) Association of Municipalities of Ontario - File #435 -AMO Succeeds in Achieving Key Amendments to the Planning Act Received and Filed. b) Ministry of Municipal Affairs & Housing - File #485 - Planning and Development Approval System Received and Filed. c) Ontario Legislative Assembly -Jean-Marc Lalonde, MPP - File #1158 - Liberal Critic for Tourism and Recreation Received and Filed. d) International Joint Commission - File #1156 - Invitation to Comment on US/Canada Air Quality Agreement Received and Filed. 2 e) Southwestern Ontario Travel Association - File #454 - 1996 Free Events Listing Received and Filed. f) Southwestern Ontario Travel Association - File #454 - Rack Appeal Seminar Participants Received and Filed. g) Association of Pipeline Inspectors of Ontario - File #1155 Received and Filed. h) City of Toronto & Town of Oakville - File #462 - Market Value Assessment Seminar Received and Filed. i) Canada Post - File #1156 - Letter of Appreciation Received and Filed. j) Township of Yarmouth - File #1156 - Port Burwell Resolution re: East Elgin Secondary Water System Received and Filed. k) Tillsonburg News Article - File #1156 - Township of Norfolk Received and Filed. 1) Township of Malahide - File #2176 - Port Burwell Resolution re: East Elgin Secondary Water System Received and Filed. 3 m) County of Elgin - File #462 - Risk Management Seminar Received and Filed. n) The Right Honourable Romeo LeBlanc - File #1157 - Governor General's Award Received and Filed. o) Ontario Municipal Water Association - File #1093 - Newsletter Received and Filed. p) Ontario Hydro - File #F01 ONTHY - Notice of Interruption Received and Filed. 6. Committee Reports a) County Warden Vane Chute gave his final speech, as the elections for a new County Warden are to commence within the week. b) Museum Advisory Committee The Committee is organizing Christmas ceremonies including a hymn sing featuring Debbie Black at the lighting of the Lighthouse after the parade and Reverend Stephen Hendry is to will lead the assembled in prayer and a short story. c) Community Policing Reeve Nesbitt identified that in recent discussions with the local OPP Officer that information is being circulated with regard to the "Neighbourhood Watch Program". The Honourable Peter North has recently spoken before the County Council with regards to a united voice towards rural policing within Elgin County. This group will 4 hopefully lobby towards improving the policing system in rural Ontario. d) Roads Committee No Report. e) Recreation Advisory Committee The Recreation Committee is working on the Christmas parade which is to take place on Saturday, December 2, 1995 at 6:00pm. f) BTA No Report. g) Municipal Key Indicators i) E. Roloson - Status Report - By-Law Enforcement Received and Filed. ii) E. Roloson - Status Report - Building Inspection Received and Filed. 7. Elizabeth Street Subdivision - Letter C. Demeyere - Received Filed. - Oral Report D. Free Council reviewed the letter from Mr. Demeyere and directed the Administrator/Clerk-Treasurer to forward the letter to the Developments Planner as to requirements of the municipality. 8. Review and Approval of Accounts & Cheques Resolution #951128-05 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks 5 BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the accounts payable as amended in the amount of$18,939.73. CARRIED: Tom Nesbitt, Reeve 9. Old Business Resolution #951128-08 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-60, being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Aylmer Stone Works for the purpose of the construction of the Port Burwell Market Square Sports Park. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and. Second Time By-Law Read a Third Time and Finally Passed. 10. New Business Resolution #951128-07 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-59, Being a by-law prescribing the method to receive and take care of and disburse money, etc including the signing cheques. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. 6 Resolution #951128-09 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason WHEREAS the Council of the Village of Port Burwell has passed by-law 95-59, being a by-law prescribing the method to receive and take care of and disburse money, etc including the signing cheques and, WHEREAS Section 3.0 provides an alternate signing authority. The council of the Village of Port Burwell hereby appoints Gordon Loucks to act as the alternate signing authority to the Reeve to sign cheques on behalf of the municipality. CARRIED: Tom Nesbitt, Reeve Resolution #951128-13 MOVED BY: Gordon Loucks SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to register Bylaw 92-16 in the County of Elgin Registry Office forthwith. CARRIED: Tom Nesbitt, Reeve Councillor Hevenor inquired as to the removal of certain stumps and trees within the municipality. The Administrator/Clerk-Treasurer identified that staff will investigate the costs and trees which may need attention. Councillor Mason identified that Mr. Louis Toth would like to donate towards the installation of a light in the vicinity of McCord Lane. 7 Resolution #951128-10 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor Whereas the Council of the Village of Port Burwell is desirous to have the portable structures located on the East Beach of Port Burwell remove from the community, and; Whereas the Mario Chirico has made an offer to Council at a public meeting dated November 27, 1995 witnessed by Councillor Loucks, Councillor Mason and Councillor Hevenor and consented to by Mario Chirico to immediately remove the said East Beach Portables. BE IT RESOLVED, the Council of the Village of Port Burwell hereby accepts the offer of Mr. Chirico and directs that the structures be removed from the area and the community no later than December 31, 1995. CARRIED: Tom Nesbitt, Reeve 11. Committee of the Whole Resolution #951128-02 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Resolution #951128-03 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. 8 CARRIED: Tom Nesbitt, Reeve 12. Motion to Adjourn Resolution #951128-04 MOVED BY: Dave Mason Approved: December 12, 1995 Tom Nesbi Reeve Davi. '. Free Administrator/Clerk-Treasurer 9 Village of Port Burwell Minutes Special Council Meeting November 30, 1995 5:30 p.m. Present: Reeve Nesbitt, Councillor Loucks, Councillor Mason, and Councillor Hevenor Staff: Administrator/Clerk-Treasurer Regrets: Councillor Allin Call Meeting to Order - 5:30p.m. Declaration of Conflict of Interest None 1. Opening Remarks - Reeve Tom Nesbitt The Special Meeting of Council was called considering the budget speech from the Province of Ontario which reduced funding to municipalities and provided a new direction for Ontarians. The effects of the cuts are to be discussed in order that the local ratepayers may be provided answers as it may affect their lives in the forth coming days and months. 2. Review of Provincial Budget as it applies to Port Burwell - Various information from Agencies and Associations - Received & Piled The Administrator/Clerk-Treasurer provided various reports and information to Council for review and the potential effects on the municipality. It is however, too early to determine the direct effects on Port Burwell. - Village of Port Burwell Financial Statements as at November 30, 1995 - Received & Filed 3. Old Business i County Restructuring Questionnaire The request and questionnaire from the County of Elgin dated October 4, 1995 with regard to County restructuring was completed jointly by Council. The questionnaire is to be formalized and returned to the County Administrator forthwith by the Administrator/Clerk-Treasurer. 1 ii Municipal Drains Oral Report D. Free Tabled. 4. New Business None. 5. Committee of the Whole None. 6. Motion to Adjourn - Resolution #951130-05 MOVED BY: Jim Hevenor Approved: December 12, 1995 //,/// Tom -sbitt Reeve Davi. 6. Free Ad inistrator/Clerk-Treasurer 2 Village of Port Burwell Minutes Council Meeting December 12, 1995 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Mario Chirico, Gordon Craig and Jack and Norma Vince Call Meeting to Order Declaration of Conflict of Interest 1. Adoption of Minutes of Special Council Meeting dated November 27, 1995 Resolution #951212- 01 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the November 27, 1995 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated November 27, 1995 None. 3. Adoption of Minutes of Regular Council Meeting dated November 28, 1995 Resolution #951212- 02 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the November 28, 1995 Special Council Meeting. 1 CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated November 28, 1995 None. 5. Adoption of Minutes of Special Council Meeting dated November 30, 1995 Resolution #951212- 03 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the November 30, 1995 Special Council Meeting. CARRIED: Tom Nesbitt, Reeve 6. Business arising from Minutes of meeting dated November 30, 1995 None. 7. Delegations a) Mario Chirico - Letter dated December 4, 1995 - Received & Filed - East Beach Portables Mr. Chirico requested that Council reconsider the resolution passed during the November 30, 1995 Council Meeting that required that the structures be removed from the East Beach immediately. Councillor Hevenor and Councillor Loucks expressed that the decision to remove the structures on the East Beach should remain. It was suggested however, that a date of April 15, 1995 would be the final date by which the buildings would have to be removed from the site. Councillor Allin required that the resolution of the November 30, 1995 Council meeting be followed including the removal of the cottages by December 31, 1995. It was also stated that should any activity occur, a site plan proposal should be required. 2 As a second part of his delegation Mr. Chirico proposed a commercial development across from the 43 Robinson Street location to consist of a hotel. b) Jack & Norma Vince - East Beach Food Booth Jack Vince requested that the 1995 agreement for the East Beach Food Booth be renewed and the term be for 2 years in order that more permanent improvements can be configured into the site. Council directed the Administrator/Clerk-Treasurer to prepare a similar agreement as per the 1995 agreement excepting the clause identifying the term which is to be changed to two years rather than one year. The license fee is to be determined by Council at a later date. 8. Municipal Drainage Problems - Memo D. Free November 11, 1995 previously circulated - Letter and preliminary report Cyril Demeyere Consulting Engineer - previously circulated - Decision Previously Tabled at the Regular Council Meeting November 28, 1995 - Signing of Form 5 "The Drainage Act" - signed by D. Free Resolution #951212-08 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor Whereas Council is desirous to correct drainage problems for certain areas within the Municipality, and; Whereas Council has reviewed the process as presented by Cyril Demeyere, Consulting Engineer to establish municipal drains under the Drainage Act RSO 1990, C. D. 17 thereby commencing the review and public process, and; Whereas history has indicated drainage problems have existed for several years without resolution in the Chatham Street area including the Centennial Park and the Memorial Park drain area. The Council of the Village of Port Burwell hereby directs the Administrator/Clerk- Treasurer to complete Form 5 of the Drainage Act thereby petitioning drains for establishment and improvement of surrounding lands and road allowances permitting 3 suitable water courses and outlets. These works are to commence forthwith under the provisions of the Drainage Act. CARRIED: 'Tom Nesbitt, Reeve 9. Bylaw 95-26 being a bylaw to enter into an agreement with Gordon Craig - Memo K. Bradfield - Received and Filed - Memo D. Free - Received and Filed Resolution #951212- 09 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks The Council of the Village of Port Burwell hereby directs the Administrator/Clerk- Treasurer to release to Gordon Craig the $3,000.00 deposit, less $0.00 for repairs to the existing clocks in association with the lease agreement of the operation of the Municipal Harbour facilities. CARRIED: Tom Nesbitt, Reeve 10. Weekend Coverage Roads Maintenance - Memo D. Free - previously circulated - Background Information K. Bradfield - previously circulated Council has directed that Public Works Staff be paid on the basis of one hour per clay for weekend coverage plus overtime. 11. Official Plan Review - Memo D. Free - previously circulated - Letter J. Henricks November, 1995 - previously circulated Resolution 951212-11 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks Whereas the Planning Act, RSO, c. P.13, s.26 as amended provides that the council of every municipality that has adopted and had approved an official plan shall from time to time, and not less frequently than every five years, hold a special meeting of council, open to the public, for the purpose of determining the need for a revision of 4 the official plan and determining the need to amend the plan to make it consistent with the policy statements issued under subsection 3(1), and; Whereas a notice of the special meeting held under subsection (1) has been published at least once a week in each of two separate weeks, completed not later than thirty days before the date of the meeting, and has afforded any person who attends the meeting an opportunity to be heard in respect of the need for a revision of the plan, and; Whereas the municipality of the Village of Port Burwell passed its Official Plan by bylaw 90-23 November 13, 1990, and; Whereas a Special Council meeting was held November 30, 1995 for the purpose of determining the need for a revision of the official plan and determining the need to amend the plan to make it consistent with the policy statements, and; BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to commence the formulation of an Official Plan Update for the municipality forthwith under the requirements of the Planning Act and Regulation thereof. CARRIED: Tom Nesbitt 12. Correspondence a) Ontario Clean Water Agency - File #491 Notification of Service Rate Received and Filed. b) Ontario Clean Water Agency - File #491 Draft Return Letter from T. Nesbitt Council directed that the letter as presented be sent to the Ontario Clean Water Agency. c) Canadian Fire Trucks - File #1036 Update on Used Fire Equipment The information received is to be forwarded to the Fire Chief, Tom Millard. 5 d) Municipal Finance Officers'Association of Ontario - File #462 Professional Development Seminar Received and Filed. e) OMMRI - File #633 OMMRI Markets Report Available for Review Within Office Received and Filed. f) ROMA Insurance Program Inc. - File #585 ROMA Group Benefits Renewal - 1996 Received and Filed. g) Ontario Family Fishing Weekend - File #1155 Received and Filed. h) Elgin Law Association - File #469 A letter of support is to be sent to the Law Association from Reeve Nesbitt. i) Port Burwell Horticultural Society - File #444 Received and Filed. j) LPRCA- File #477 Biotechnical Slope Stabilization Work in Port Burwell Work by Long Point Regional Conservation Authority along the West Bank of the Otter Creek is to start immediately as weather penuits. k) Port Burwell Non-Profit Housing Corporation Letter re: Raven & Company Received and Filed. 1) Parks & Recreation Ontario - File #1155 6 1) Parks & Recreation Ontario - File #1155 Received and Filed. m) Ontario Municipal Recreation Association - File #450 Received and Filed. n) Personnel Management Associates - File #2227 Received and Filed. 13. Committee Reports a) County The new Warden Harry Mezinberg, announced the striking committee as Deputy Reeve Cunniffe (Aylmer), Reeve Millman (Port Stanley), b) Museum Advisory Committee Adoption of Minutes of Committee Meeting dated November 7, 1995 Resolution #951212-12 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the November 7, 1995 Museum Advisory Committee Meeting. CARRIED: Tom Nesbitt, Reeve Business arising from Minutes of meeting dated November 7, 1995 None. c) Community Policing No Report. 7 d) Roads Committee The Administrator/Clerk-Treasurer identified that a Roads Maintenance Policy is being developed and will be available for the January 9, 1996 Regular Council meeting. e) Recreation Advisory Committee This years Santa Claus Parade, held at night - 6:OOpm, was a success and the same format will be followed for the 1996 parade. f) BTA The 1996 Canoe race has been scheduled for August 10, 1996. BTA Members passed a resolution stating that a 1996 priority will be the repair and beautification of the east pier which will include enhanced lighting and establishment of benches. The BTA also passed a resolution requesting that Council consider closing Hagerman Street in order to join the now separate parcels of land which comprise Hagerman Street. g) Municipal Key Indicators i) Financial Reporting - Received & Filed ii) Arrears - Taxes, Water/Sewer (Information Protected Under FOI & Privacy Act) - Received & Filed iii) Fire Extinguisher Inspections - Received & Filed iv) Status Report - Building Inspection - Received & Filed v) Status Report - Bylaw Enforcement - Received & Filed vi) Status Report - Lottery Licensing - Received & Filed vii) Municipal Long Term Debt Report - Received & Filed viii) Municipal Capital Projects Report - Received & Filed 8 14. Bylaws i) 95-61 Being a bylaw to Close certain Roads & Streets - Oral Report D. Free Resolution #951212-13 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-61, being a by-law to finally and formally close certain roads and streets within the Village of Port Burwell. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. ii) 95-62 Being a bylaw to amend bylaw 94-22 Being a By-Law Prescribing the Standards for the Maintenance and Occupancy of Property. - Memo D. Free Resolution 951212-10 MOVED BY: Gordon Loucks SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-62, being a by-law prescribing the standards for the maintenance and occupancy of property. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. Resolution 951212-14 MOVED BY: Jim Hevenor 9 SECONDED BY: Dave Mason Whereas the Planning Act, RSO 1990 P. 13, s. 31, p. 11 provides that; Every by-law passed under this section shall provide for the establishment of a property standards committee composed of such persons, not fewer than three, as the council considers advisable and who shall hold office for such term and on such conditions as may be prescribed in the by-law, and the council of the municipality, when a vacancy occurs in the membership of the committee, shall forthwith fill the vacancy. Council is desirous to correct drainage problems for certain areas within the Municipality, and; Now therefore the Council of the Village of Port Burwell hereby immediately deliberates as the Property Standards Committee to review matters brought before it. CARRIED: Tom Nesbitt, Reeve iii) 95-63 Being a by-law for assigning Municipal Addressing and the numbering of buildings, etc. within the Village of Port Burwell - repeals Bylaw 87-20 - Memo D. Free Resolution #951212-15 - Resolution & By-Law Tabled pending further information. 15. Boat Storage Along Otter Creek - Memo D. Free - December 7, 1995 - Memo D. Free - October 30, 1994 - Letter OME Insurance Brokers Ltd. November 21, 1994 Councillor Loucks requested that this matter be revisited at the Business Planning Meeting in January, 1996. 16. Review and Approval of Accounts & Cheques Resolution #951212-07 MOVED BY: Gordon Loucks 10 SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the Financial reporting, accounts payable as amended in the amount of$179,936.48, payroll in the amount of$15,458.48, Council pay in the amount of$1,564.50 and Fire Fighter's pay in the amount of$2,930.00. CARRIED: Tom Nesbitt, Reeve Resolution #951212-16 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor Whereas the Village of Port Burwell has received a donation from the Port Burwell Recreation and Community Improvement Society for 1994 capital projects and; Whereas the Village of Port Burwell borrowed monies for these projects and; Whereas there remains outstanding$31,148.35 of long term debt associated with the 1994 Capital projects. Therefor e the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to make a special payment in the previously said amount against the Long Term Debt. CARRIED: Tom Nesbitt, Reeve Resolution #951212-17 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason Whereas the Port Burwell Recreation Board Nevada account has paid for items on behalf of the Village of Port Burwell and; Whereas the Port Burwell Recreation Board Nevada monies have been transferred to the Port Burwell Recreation and Community Improvement Society. 11 Therefore the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to pay $2,045.83 to Port Burwell Recreation and Community Improvement Society Nevada account. CARRIED: Tom Nesbitt, Reeve 17. Old Business None. 18. New Business Resolution #951212-18 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks Whereas the Council of the Village of Port Burwell is appreciative of the efforts of the Port Burwell Recreation and Community Improvement Society in the recent "Buy a Brick Campaign" for the Market Square project. Therefore the Council of the Village of Port Burwell hereby agrees to donate $500.00 in order to support the "Buy a Brick Campaign". CARRIED: Tom Nesbitt, Reeve Resolution #951212-19 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor The Council of the Village of Port Burwell hereby agrees to cancel the December 26, 1995 Council Meeting. Regular 1996 Council Meetings are to commence on January 9, 1995. CARRIED: Tom Nesbitt, Reeve 19. Committee of the Whole Resolution #951212-04 12 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Resolution #951212-05 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 20. Motion to Adjourn Resolution #951212-06 MOVED BY: Gordon Loucks Approved: Jan y1; 199 Tom esbitt Reeve David '. Free Ad + nistrator/Clerk-Treasurer 13