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HomeMy WebLinkAboutPort Burwell Council Minutes 1996 Village of Port Burwell Minutes Special Council Meeting C January 3, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor and Councillor Loucks Staff: Administrator/Clerk-Treasurer Absent: Councillor Allin Guests: Michael Peterson-Village of Port Burwell Legal Counsel & Brian Buddarick - Doan Raymond Chartered Accountants, Village of Port Burwell Auditors Call Meeting to Order Declaration of Conflict of Interest 1. Special Meeting Resolution #960103-01 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby deems is necessary to hold a Special Council Meeting January 3, 1996 to address certain Legal issues. CARRIED: Tom Nesbitt, Reeve 2. Committee of the Whole Resolution #960103-02 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 1 Resolution #960103-03 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 3. Review of Provincial Funding Notice - MMA Letter dated December 22, 1995 - previously circulated - Village of Port Burwell Financial Statements Provincial funding section The Administrator/Clerk-Treasurer identified that the 1996 funding for unconditional and conditional grants has been set at $136,400.00 clown approximately$8,600.00 from the$145,000 received for 1995. Staff is now in the position to fully develop the preliminary budget which will be circulated to Council by January 12, 1996. Reeve Nesbitt and Councillor Mason expressed their concern for the cuts and that alternative revenue sources and cost cutting measures should be developed in order to balance the books for 1996. 4. New Business By-Law 96-01 - being a by-law to authorize the borrowing of money to meet current expenditures Resolution #960103-05 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 96-01,being a by-law to authorize the borrowing of money to meet current expenditures. CARRIED: Tom Nesbitt, Reeve 2 By-Law Read a First and Second Time By-Law Read a Third Time and. Finally Passed. 5. Old Business None. 6. Motion to Adjourn Resolution #960103-04 MOVED BY: Jim Hevenor Approved: - _ary 9, 1996 To 'I esbitt Reeve 411111° / �— David R ree Adm.,•istrator/Clerk-Treasurer 3 Village of Port Burwell Minutes Council Meeting January 9, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin (arrived at 8:00 pm and left meeting at 9:00 pm) Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer Call Meeting to Order 7:35 pm Declaration of Conflict of Interest None. 1. Adoption of Minutes of Regular Council Meeting dated December 12, 1995 Resolution #960109- 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 December 12, 1995 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated December 12, 1995 None. 3. Adoption of Minutes of Special Council Meeting dated January 3, 1996 Resolution #960109- 02 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the 1 minutes of the January 3, 1996 Special Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of special meeting dated January 3, 1996 Amendments were suggested to a proposed letter to the Ministry of Municipal Affairs in response to their December 22, 1995 letter. 5. Correspondence a) LPRCA- Full Authority Minutes - File #477 Received & Filed. b) County of Elgin Rumoured Closure of St. Thomas Psychiatric Hospital - File #469 Resolution #960109-11 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the Corporation of the County of Elgin Resolution dated December 14, 1995 with regards to the closure of the St. Thomas Psychiatric Hospital. CARRIED: Tom Nesbitt, Reeve c) Elgin Community Leaders' Letter - File #1094 Received & Filed. d) Canadian Consulate General - New Exporters to Border States (NEBS) Program - File #616 Received & Filed. 2 e) Ministry of Municipal Affairs & Housing - Draft Policy Statement File #485 Received & Filed. f) National Community Tree Foundation - Green Streets Canada - File #2197 Received & Filed. g) SWOTA- 1995 - 1996 Winter Guide - File #454 Received & Filed. h) OCWA- Interim Report Third Quarter 1995 - File #491 Received & Filed. i) Hand in Hand Adult Day Care Centres - File #1228 Received & Filed. Information is to be referred to Milton Tower Board Members. j) TDMH - Resolution Opposing Bill #26 Resolution #960109-13 MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin Whereas the Provincial Government has introduced Bill 26 which contains many items and issues of concern for municipalities, hospitals and lower tier operations, and; Whereas the absolute powers being proposed within Bill 26 for various Ministers of the Province is of particular concern, and; Whereas the powers proposed may permit and force amalgamation of various lower tier service providers through the "Omnibus" legislation. The Council of the Village of Port Burwell hereby supports the 3 concerns the Tillsonburg District Memorial Hospital in a letter dated December 29, 1995. Council further suggests that providing safe and efficient services in the various operations is best left at the local level without the interference of the Provincial Government. Council further suggests that it has been the political follies and fallout of prior provincial governments including the Progressive Conservatives that is responsible for the dire financial straits of the Province of Ontario. The Council of the Village of Port Burwell suggests that the Province look within their own operations and agencies before considering embarking upon any form of restructuring of the lower tier service providers. CARRIED: Tom Nesbitt, Reeve k) ROMA 96'- Conference Highlights - File #585 Received & Filed. 1) Ontario Good Roads Association - 1996 Annual Conference - File #873 Received & Filed. m) Village of Belmont- 1996 School Board&County Requisitions - File #545 Resolution #960109-12 MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the Corporation of the Village of Belmont Resolutions dated December 19, 1995 with regards to 1996 County Requisition and 1996 School Board Requisitions. CARRIED: Tom Nesbitt, Reeve n) Village of Bayfield - School Board Funding - File #545 Resolution #960109-14 4 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the Corporation of the Village of Bayfield Resolution dated November 20, 1995 with regards to School Board Funding. CARRIED: Tom Nesbitt, Reeve o) Elgin Community Development Corporation - Newly Formed Corporation - File #1155 Received & Filed. p) Kenneth Caplan &Associates Ltd. It was agreed that this correspondence would be referred to the Business Planning meeting on January 27, 1996. q) Township of Hagarty & Richards - Request for Resolution of Support - File #545 Resolution #960109-15 MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor WHEREAS the Village of Port Burwell has a Provincial Park within its municipal boundaries and has similar concerns to Township of Hagarty & Richards. BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the Township of Hagarty & Richards Resolution dated November 21, 1995 with regards to the operation of Provincial Parks by the Ministry of Natural Resources. CARRIED: Tom Nesbitt, Reeve r) Prime Minister of Canada - File #1157 Received & Filed. 5 s) Fisheries&Oceans -Maintenance Dredging Village of Port Burwell Harbour - File #2214 Received & Filed. t) Ministry of Transportation - County Road System Consolidating By-Law- File #490 Received & Filed. u) Ontario Natural Gas Association - File #1155 Received & Filed. v) Village of West Lorne - Request for Resolution of Support - File #545 Received & Filed. w) LPRCA- Changes to Provincial Grants - File #477 Received & Filed. x) Port Stanley &Yarmouth - Meeting on Pending Changes to Local Government - File #462 Received & Filed. y) Ministry of Municipal Affairs & Housing - File #485 Received & Filed. 6. Bradcranex Incorporated Letter R. Bradfield dated December 8, 1995 - Supply & Installation of Hydrants Received & Filed. Memo D. Free Received & Filed. 7. Amtelecom Inc. Letter dated December 22, 1995 - 911 Service - Received & Filed. 6 Memo D. Free - Received & Filed. Resolution #960109-07 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 sign the attached "Letter of Understanding" between the municipality and Amtelecom Incorporated with regards to the provision of basic 911 service to the residents of the Village of Port Burwell. CARRIED: Tom Nesbitt, Reeve 8. Ministry of Natural Resources Letter dated December 20, 1995 Memo D. Free - Speed Control in Otter Creek Council directed the Administrator/Clerk-Treasurer to proceed with the activities including application to the Ontario Provincial Police to invoke speed control along the Otter Creek. Updates are to be provided as the matter proceeds. 9. Committee Reports a) County Reeve Nesbitt has been appointed as Vice Chair of the Community Services Committee which gains appointment to the Corporate Services Committee for the County. The 1996 County budget process has commenced. b) Museum Advisory Committee No Report. c) Community Policing No Report. d) Roads Committee No Report. 7 • e) Recreation Advisory Committee No Report. f) BTA No Report. g) Municipal Key Indicators Ed Roloson - Year-End Building & By-Law Reports - Received & Filed. 10. Bylaws i) By-Law 96-02 Being a by-law to authorize a levy prior to the adoption of the annual estimates. By-Law Tabled. ii) By-Law 96-03 - Being a Bylaw to Enter into a Licence Agreement with Jack & Norma Vince - Memo D. Free - Received and Filed Resolution #960109-09 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 96-03, 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. CARRIED: Tom Nesbitt, Reeve By-Law Read. a First and Second Time By-Law Read a Third Time and Finally Passed. iii) By-Law 95-64 - Being a by-law to enter into an agreement with Bradcranex Inc. for the Supply and Installation of Fire Hydrants 8 Resolution #960109-10 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 95-64, being a By-Law to enter into an agreement with Bradcranex Incorporated for the supply and installation of two Fire Hydrants 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. 11. Weekend Coverage Roads Maintenance - Memo D. Free - previously circulated - Background Information K. Bradfield - previously circulated It was agreed that this issue would be tabled until the Business Planning meeting on January 27, 1996. 12. Review and Approval of Accounts & Cheques Resolution #960109- 06 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$27,274.89, payroll in the amount of$12,767.77 and cheques attached in the amount of$2,858.97. CARRIED: Tom Nesbitt, Reeve 13. Old Business None. 9 14. New Business Memo D. Free re: attached letter from Dennis Brolese. Received & Filed Council directed the Administrator/Clerk-Treasurer to respond to the letter from D.A. Brolese Urban & Rural Planning Consultants dated December 12, 1995. 15. Committee of the Whole None. 16. Motion to Adjourn Resolution #960109- 05 MOVED BY: Jim Hevenor Approved: January 23, 1996 i// / ' jJir Tom Nesbitt Reeve-' /O David r. Free Ad 'nistrator/Clerk-Treasurer 10 Village of Port Burwell Minutes Council Meeting January 23, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin (arrived at 8:05 pm) Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer,Jack&Norma Vince, Larry Martin, Henry Valks - Ministry of Natural Resources, Art Carr - Ministry of Natural Resources and Mario Chirico Call Meeting to Order Declaration of Conflict of Interest 1. Adoption of Minutes of Regular Council Meeting dated January 9, 1996 Resolution #960123- 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 January 9, 1996 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated January 9, 1996 None. 3. Delegations a) Jack & Norma Vince By-Law 96-03 - Licence Agreement with Jack & Norma Vince Norma Vince expressed that the 1995 rates with respect to the License Agreement for a Mobile Food Stand were sufficient and that the recently passed bylaw rate of$2,200.00 was unreasonable. 1 Council stated that the request from the Vince's would be considered. b) Ministry of Natural Resources - Henry Vallis (letter dated January 17, 1996) Water/Sewer rates for the Provincial Park Port Burwell Provincial Park Manager Henry Valks approached Council with a request to revisit the water billing rates as they apply to the Provincial Park, as in Mr. Valks' opinion the rate structure is unfair. Mr. Valks indicated that based upon the rate structure of Aylmer, Tillsonburg and Bayham Township, the annual cost to the park would be approximately$2,900 less than in Port Burwell considering the most expensive community (Aylmer). Reeve Nesbitt stated that the communities identified do not have a provincial park within their municipal jurisdiction, therefore they would not have a rate that addresses the complexities of the park operations (seasonal). Mr. Nesbitt further explained that the Province has recently cut the municipality in funding and advocates a system of fair user-charges of which Council invoked in the 1995 budget. Councillor Mason identified that the existing system was deemed to be fair considering the seasonal issues for the municipality and other users of the system such as cottagers. Mr. Carr a representative of the Ministry of Natural Resources suggested that maybe the system was fair however, the rate may be too high and requested that Council review the rate. Mr. Valles added that the minimum charge per campsite may be a mechanism to enhance cash flow however, this is unfair in how he must manage his park costs. Reeve Nesbitt identified that as always, Council will review the bylaw as part of the annual budget process. 4. Correspondence a) Aylmer & East Elgin Agricultural Society - Request for Donation for Aylmer Fair - File #1155 Received and Filed. b) St. Thomas Elgin Tourist Association - File #1300 2 Received and Filed. c) Canadian National Institute for the Blind - Request for Donation - File #1155 The request was tabled until the 1996 budget deliberations take place. d) Canadian Red Cross - Red Cross Lottery- File #1155 Received and Filed. e) Multiple Sclerosis Society - Annual Carnation Campaign - File #913 Resolution #960123- 10 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the activities of the Multiple Sclerosis Society of Canada with regards to the Carnation Campaign Tag Days May 9, 10 & 11, 1996. CARRIED: Tom Nesbitt, Reeve f) Vinyl Council of Canada - File #1155 Received and Filed. g) Government of Canada - National Citizenship Week (February 12 - 19, 1996) Activity Guide - File #1157 Received and Filed. h) Ministry of the Solicitor General & Correctional Services - File #1152 - Resolution from West Lorne re: Increased Training Requirements for Fire Fighters Received and Filed. 3 i) OMWA- Request for Letter of Support - File #1155 Received and Filed. j) Township of Malahide - File #2176 Received and Filed. 5. Committee Reports a) County The County has approved with the development of the Terms of Reference including the hiring of a facilitator. The Restructuring Committee will take approximately one year to develop the report. During the weekend of January 20, 1996 County Council held a business planning meeting rationalizing various issues with respect Services. b) Museum Advisory Committee No report. c) Community Policing No report. d) Roads Committee No report. e) Recreation Advisory Committee A meeting was held January 18, 1996 to discuss the fund raising campaign with respect to the "Buy A Brick" brochure. Opening and dedication of the both the activity park and passive park area will be by July 1, 1996. f) BTA No report. 4 g) Municipal Key Indicators i) Financial Reporting - Received and Filed ii) Lottery Licencing Report - Received and Filed h) Events Committee A meeting was held February 22, 1996 with respect to the scheduling of events for"Tub Daze" of which will include an Antique and Classic Car Show. i) Fire Department No report. 6. Municipal Insurance - Memo D. Free - Received & Filed Resolution #960123-07 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor WHEREAS the Council of the Village of Port Burwell is in receipt of its insurance quotation in the amount of$17,658.35. BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to accept the proposal from OME (with a $10,000.00 (eductible) in the amount of $17,658.35, pending clarification of replacement values for any damaged assets. CARRIED: Tom Nesbitt, Reeve 7. Bylaws i) By-Law 96-02 Being a by-law to authorize a levy prior to the adoption of the annual estimates. - By-law Previously Tabled at the January 9, 1996 Council Meeting Resolution #960123-06 5 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 96-02, being a by-law to authorize a levy prior to the adoption of the annual estimates. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. ii) By-Law 95-63 Being a by-law for the assigning Municipal Addressing and the Numbering of buildings, etc. within the Village of Port Burwell - By-law Tabled December 12, 1995 Resolution #960123-08 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 95-63, being a by-law for assigning Municipal Addressing and the numbering of buildings, etc. 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. 8. 35 Strachan Street - Water Break - December, 1995 - Memo D. Free - Previously circulated Council reviewed the invoice, as well as the circumstances surrounding the incident and directed the Administrator/Clerk-Treasurer to forward the invoice to the property owner. 9. Speed Restrictions within Otter Creek - Information previously circulated Resolution #960123-09 6 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks WHEREAS there have been concerns by boaters who use the Otter Creek for Recreational and Commercial uses and; WHEREAS the excessive speeds within the Otter Creek are injurious causing erosion and; WHEREAS there are a variety of boat traffic uses within the Otter Creek including fishing tugs, recreational boaters and canoes and; WHEREAS speed limits must be controlled to insure their safety. The Council of the Village of Port Burwell hereby directs the Administrator/Clerk- Treasurer to proceed with the speed control processes within the Big Otter Creek. CARRIED: Tom Nesbitt, Reeve 10. Statement of Council Remuneration & Expenses - 1995 - Memo D. Free - Received and Filed 11. Review and Approval of Accounts & Cheques Resolution #960123- 05 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the financial reporting, the accounts payable as amended in the amount of$17,988.24 and the cheques attached in the amount of$1,036.67. CARRIED: Tom Nesbitt, Reeve 12. Old Business MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor 7 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 13. New Business Resolution #960123- 10 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 amend sections 4.0 and 15.0 of Schedule "B" of bylaw 96-03 to charges of$2,000 and $2,200 respectively. An amending bylaw to be presented for Councils review at the February 13, 1996 Regular Council meeting. CARRIED: Tom Nesbitt, Reeve 14. Committee of the Whole Resolution #960123-02 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 #960123-03 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. 8 CARRIED: Tom Nesbitt, Reeve 15. Motion to Adjourn Resolution #960123-04 MOVED BY: Dave Mason Approved: February 13, 1996 ‘; *14 /4 a-7---7-/C/ /e7-e ‘J C.7 Tom Nesbitt Reeve David . 'ree Admin strator/Clerk-Treasurer 9 Village of Port Burwell Minutes Council Meeting February 13, 1996 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, Larry Martin and Jack Petrie Call Meeting to Order Resolution #960213- 11 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason That Cindy Allin be named Acting Reeve of Port Burwell Council. CARRIED: Cindy Allin, Acting Reeve Declaration of Conflict of Interest 1. Adoption of Minutes of Regular Council Meeting dated January 23, 1996 Resolution #960213- 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 January 23, 1996 Regular Council Meeting. CARRIED: Cindy Allin, Acting Reeve 2. Business arising from Minutes of meeting dated January 23, 1996 None. 1 3. Delegations Jack Petrie - LPRCA Mr. Petrie addressed Council with the effects of Bill 26 which reduced funding for most programs to Conservation Authorities except for flood control structures. Mr. Petrie identified that the 1996 levy will be the same for Port Burwell as 1995's levy which is approximately$1,000. No formal commitment is currently being requested however, support may be required in the future. Councillor Mason inquired as to the assistance that the LPRCA is providing with respect to the Vienna sewage problems. Mr. Petrie identified that the Authority is limited in its role other than being a continual resource to the Village of Vienna. Acting Reeve Cindy Allin pressed Mr. Petrie inquiring if letters to the Authority would further assist in this cause. Mr. Petrie identified that letter writing would not hurt Port Burwell's cause. 8:05 pm Resolution #960213- 12 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason That Tom Nesbitt resume the position of Reeve of Port Burwell Council. CARRIED: Cindy Allin, Acting Reeve 4. Correspondence a) Deputy Prime Minister&Minister of the Environment - File COO - FEDL Received and Filed. b) SWOTA- Outdoor Adventure Guide - File AO1-SWOT Received and Filed. c) Penny Perry - St. John's Ambulance - File H04 - OHS Received and Filed. 2 d) Children's Foundation Office - File M03 - GEN Received and Filed. e) Ontario Small Municipalities - 43rd Conference - File A04 Received and Filed. f) Aylmer Area Community Foundation - File AO1 - GEN Received and Filed. g) LPRCA- 1996 Annual Meeting - File A16 - LPRCA Received and Filed. h) Royal Canadian Legion - Request for Donation - File AO1 - RCL Table to Budget Deliberations i) 1996 Pitch-In Week - File E07 Refer to Recreation Committee j) Ontario Recreation Facilities Association - File A01 - GEN Refer to Recreation Committee k) Excerpt from Giffels News -A05 Received and Filed. 1) Township of Elizabethtown - Request for Resolution of Support re: Ontario Municipal Board - File - C10 Received and Filed. m) SWOTA - Toronto Travel & Leisure Show- File A01 - SWOT Received and Filed. 3 n) LPRCA- File A01 - LPRCA Received and Filed. o) LPRCA - Full Authority Minutes - File AOl - LPRCA Received and Filed. p) Elgin County Board of Education - Report of the Director of Education - File A16 - ECBOE Received and Filed. q) Spriet Associates - Ontario Good Roads Association - File A05 Received and Filed. r) Levin Wright & Company - Risk Management - File A05 Received and Filed. s) Back Roads & Best Kept Secrets in Elgin County - AO1 - GEN Received and Filed. t) Ontario Municipal Water Association - File A01 - OMWA Received and Filed. u) Joint Board for Waste Management - Request for Resolution of Support File - C10 Resolution #960213- 13 MOVED BY: Gordon Loucks SECONDED BY: Dave Mason BE IT RESOLVED, the Village of Port Burwell approve the service requirement shown on the attached Table 2 Local Municipal Waste Management Service Requirements for the purposes of the Request for Proposal call being issued by the Joint Board for Waste 4 Management Planning for the County of Elgin/City of St. Thomas. CARRIED: Tom Nesbitt, Reeve v) Ontario Clean Water Agency - File A16 - OCWA Received and Filed. w) County of Elgin - Risk Management Seminar Received and Filed. County of Elgin - County of Elgin Road Department Emergency Plan - File A16 - CTY Received and Filed. x) Elgin Municipal Association -Annual Dinner Meeting - File A0l - EMA Received and Filed. y) Royal Canadian Legion - File AO1 - RCL Resolution #960213-14 MOVED BY: Gordon Loucks SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the donation of $802.00 from the Legion Poppy Fund towards costs incurred by a recent widow of a Legion Member. CARRIED: Tom Nesbitt, Reeve z) Ministry of Citizenship, Culture & Recreation - File Alb - CCR Received and Filed. 5. Committee Reports a) County 5 A draft 1996 budget was presented including the elimination of the urban rebates. b) Museum Advisory Committee No report. c) Community Policing No report. d) Roads Committee No report. e) Recreation Advisory Committee Next meeting scheduled for February 21, 1996. Resolution #960213- 15 MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin Whereas the Council of the Village of Port Burwell has consented to purchase a brick for the Buy A Brick Campaign in order to start the fund raising for the park development. BE IT RESOLVED, the Council of the Village of Port Burwell hereby unanimously consents to donate their honorariums for the Regular Council meeting dated February 13, 1996 towards the purchase of the brick. CARRIED: Tom Nesbitt, Reeve f) BTA No report. g) Municipal Key Indicators 6 i) Financial Reporting - Received & Filed. ii) Lottery Licencing Report- Received & Filed. iii) Building Inspection Report - Received & Filed. iv) By-Law Enforcement Report - Received & Filed. v) Fire Extinguisher Report - Received & Filed. 6. Beautification - Village Banners - Memo D. Free - Received & Filed. Tabled for the 1996 Budget Deliberations. 7. Bylaws i) By-Law 96-05 Being a by-law to amend by-law 96-03, a by-law to enter into a licence agreement with Jack & Norma Vince Resolution #960213-06 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 96-05, being a By-law to amend by-law 96-03 a by-law to authorize the municipality to enter into a licence agreement with Jack & Norma Vince for the operation of a Food Stand on the East Beach. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. ii) By-Law 96-06 Being a by-law to appoint a Weed Inspector Resolution #960213-07 MOVED BY: Dave Mason SECONDED BY: Cindy Allin 7 BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 96-06, being a by-law to appoint a Weed Inspector. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. iii) By Law 96-07 Being a By-1aw to amend bylaw 93-08, being a by-law to authorize the municipality to enter into a lease agreement with 345990 Ontario Limited. Resolution #960213-08 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 96-07, being a By-law to amend bylaw 93-08, being a by-law to authorize the municipality to enter into a lease agreement with 345990 Ontario Limited. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. iv) By-Law 96-08 Being a By-law to acquire lands from the County of Elgin, previously part of County Road #42. Resolution #960213-09 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 96-08, being a By-law to acquire lands from the County of Elgin, previously part of County Road #42. CARRIED: Tom Nesbitt, Reeve 8 By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed. v) By-Law 96-09 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. Resolution #960213-11 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 96-09, 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. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time A letter is to be sent to Mr. Craig requesting a response and compliance with respect to the agreement no later than March 26, 1996 in order that Council may consider Third and Final Reading. 8. Ministry of Municipal Affairs & Housing - Draft Letter Council directed the Administrator/Clerk-Treasurer to forward the letter to Mr. Lawson of the Ministry of Municipal Affairs & Housing. 9. Gheysen Building - Erieus Street - Memo D. Free - Received & Filed. Resolution #960213-10 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason WHEREAS the Council of the Village of Port Burwell has passed By-Law 94-22 being a property standards and maintenance by-law; AND WHEREAS there is a property which has been identified as derelict located 9 at the intersection of Robinson Street and Erieus Street owned by Mr. William Gheysen described further as Plan 98 Lots 5, 6, Part Lot 7, Erieus Street Part Lot 19 South Side Water Street, North Side Erieus Street Port Burwell; AND WHEREAS adequate notice has been given with regards to violation and no action has been taken, The Council of the Village of Port Burwell hereby directs the Administrator/Clerk- Treasurer to proceed with the demolition of the buildings in accordance to prices previously received and demand payment from the violator in accordance to the provisions of the By-Law and the Planning Act. CARRIED: Tom Nesbitt, Reeve 10. Draft Letter to Port Burwell Boaters The draft letter to local boaters was tabled as Council is awaiting more information. 11. Salary Administration - Memo D. Free dated February 6, 1996 - Received & Filed. - Memo D. Free dated January 26, 1996 - Received & Filed. Tabled for 1996 Budget Deliberations. 12. Lease of Lands from Bradcranex/Museum - Lighthouse - Memo D. Free dated February 9, 1996 - Received & Filed. Council directed the Administrator/Clerk-Treasurer to pay the Bradcranex account in full. 13. Review and Approval of Accounts & Cheques Resolution #960213- 05 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the financial reporting, the accounts payable as amended in the amount of$74,579.90, the cheques attached in the amount of $9,406.76, Council pay in the amount of $3,063.96 and January payroll in the amount$12,045.08. 10 CARRIED: Tom Nesbitt, Reeve 14. Old Business 1996 Insurance Council consented to the recommendation of a $10,000 deductible for the 1996 municipal insurance. Resolution #960213- 16 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor WHEREAS the Council of the Village of Port Burwell is in receipt of its insurance quotation in the amount of$16,343.67. BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to accept the proposal from OME dated January 26, 1996 (with a$10,000.00 deductible) in the amount of$16,343.67. CARRIED: Tom Nesbitt, Reeve 15. New Business Resolution #960213-17 MOVED BY: Dave Mason SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby sets a special meeting for February 20, 1996 in order to review the 1996 budget. CARRIED: Tom Nesbitt, Reeve 16. Committee of the Whole Resolution #960213-02 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor 11 BE IT RESOLVED, the Council of the Village o, Port Burwell moves into Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Resolution #960213-03 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 17. Motion to Adjourn Resolution #960213-04 MOVED BY: Jim Hevenor Approve. • " • .ruary 27, .996 11a \ `t 4t/al - Tbm gsitt -Reeve' Davi. ". . ree Admi istrator/Clerk-Treasurer 12 Village of Port Burwell Minutes Special Council Meeting February 20, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer and Deputy Treasurer Absent: Councillor Hevenor Call Meeting to Order Declaration of Conflict of Interest 1. Opening Remarks - Reeve Tom Nesbitt Reeve Nesbitt identified that the recently received budget information would only be reviewed this evening. No decision shall be made without full Council participation. Staff will provide background information with respect to the details as presented. 2. Review of 1996 Budget Reviewed &Tabled to Future meeting. 3. Old Business None. 4. New Business Resolution #950220-04 MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk-Treasurer to remit the Petition for Subsidy on Municipal Road Improvements under the provisions of the Public Transportation and Highway Improvement Act on expenditures made during the fiscal year of 1995 in the amount of $149,362 has been authorized and spent in accordance with the regulations of the Ministry and the summary to be submitted to the Ministry of 1 Transportation forthwith. CARRIED: Tom Nesbitt, Reeve 5. Committee of the Whole No report. 6. Motion to Adjourn Resolution #950220-02 MOVED BY: Dave Mason Approved.: Marc 2, 1996 . 4);07 t.� ��To -e�� � , Y s.. am` eovq t /- . • \\`*.' `' ipavid P. Fr Ad :nistra-tor/Cleriz-Treasurer ;, 2 Village of Port Burwell Minutes Council Meeting February 27, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Larry Martin, Klaus Stolch-Philip Utilities Management Corporation and Mark Robertson, Director of Thorburn Penny, Consulting Engineers Call Meeting to Order Declaration of Conflict of Interest 1. Adoption of Minutes of Regular Council Meeting dated February 13, 1996 Resolution #960227- 01 MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the February 13, 1996 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated February 13, 1996 Councillor Mason inquired with respect to a letter that may be sent to LPRCA regarding the Vienna Sewage problems. The Administrator/Clerk-Treasurer identified that a more powerful vehicle would be the Memorandum with respect to the Vienna Public meeting held in January. Councillor Allin noted the letter provided to Council from OCWA with respect to the problem of illegal dumping at the Municipal Sewage Treatment Plant. Councillor Allin inquired if staff had secured the suspected access to the illegal dumping site at the plant. The Administrator/Clerk-Treasurer identified that nothing had been done to date with regards to securing the sewage access adjacent to the Plant and that this was on the agenda however, other issues with respect to the plant have consumed time 1 and attention. 3. Delegations Klaus Stolch - Phillips Utility Corporation Mr. Stolch gave a presentation on behalf of Philip Utilities Management Corporation with respect to providing services to the municipality for operation the Municipal Sewage Treatment Plant. Subsequent to Mr. Stolch's presentation Mr. Mark Robertson, Director of Thorburn Penny, Consulting Engineers and an affiliate of Philip Utility provided a computer presentation on the possible computerization of the Sewage Treatment Plant towards savings in the operation of the plant. Reeve Tom Nesbitt identified that Council would consider the proposal and the Administrator/Clerk-Treasurer would make contact with regards to further details or questions. 4. Correspondence a) Ontario Sailing Association -A01 - GEN Received and Filed. b) Ontario Sewer &Watermain Construction Association -A01 OSWCA Received and Filed. c) Ministry of Transportation -A16 MTO - 1996 Deferred Supplementary Subsidy Allocation Received and Filed. d) Wishing Well Lottery - Hospital for Sick Children - P09 GEN Received and Filed. e) ROMA-A01 ROMA Received and Filed. 2 f) The Leaning Partnership - Take Our Kids to Work -A01 GEN Received and Filed. g) Ombudsman Ontario -A16 - GEN Received and Filed. h) Ontario Parks Association -A01 GEN Received and Filed. i) Aylmer & District Museum -A01 GEN Received and Filed. j) Ontario Municipal Recreation Association -A01 - OMRA Received and Filed. k) Ontario Municipal Board -A16 OMB Received and Filed. 1) Village of West Lorne - Request for Resolution of Support - C10 Resolution #960227- 02 MOVED BY: Jim Hevenor SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the resolution of the Village of West Lorne with respect to the consolidation of the Public and Catholic School Boards and systems. CARRIED: Tom Nesbitt, Reeve m) Kenneth Caplan and Associates -A05 Received and Filed. 3 n) Ministry of Transportation -A16 MTO Received and Filed. o) Minister of the Environment & Energy -A16 MOE Received and Filed. p) County of Oxford -A16 GEN Received and Filed. q) Fanshawe College - H11 Received and Filed. 5. Committee Reports a) County It was stated that the Draft Budget for the County has been presented with a proposed 4.5% increase. Proposed Resolution #960227- 03 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor Whereas Council is in receipt of the a request from the County of Elgin with respect to restructuring municipalities within the upper tier, and; Whereas upon review of the document Council has respectfully completed the questionnaire in the most complete possible under the current state of uncertainty considering the recent budget from the Minister of Finance, and; Whereas history has indicated that concern for the environmental and social issues within our and other serviced municipalities in the area including Elgin County has been in the past and continues to be a low priority as shown by permitting land severances and development in fringe and rural areas, and; 4 Whereas our local government directly manages all municipal issues including a PUC (including a sewage treatment plant), a Seniors, Non Profit Housing, a Federal Harbour, a Municipal Taxation system, Recreation & Culture programs, a Land Transportation system, a Fire Department, Building Inspection and Bylaw Enforcement Department with a total staff of 5 people, and; Whereas history has revealed that costs for municipalities have increased as the result of restructuring including tax increases, and; Whereas, studies which would or may be performed for the purpose of municipal restructuring be comprehensive and all inclusive with respect to the real cost of a larger municipal government which would not reduce the level of service currently enjoyed by the residents of the local municipalities. The Council of the Village of Port Burwell hereby resolves that any and all committees that review the issues with respect to rationalization of restructuring of municipal government include within the study the necessity of an upper tier government under the current format. Council further notifies the County and the public that the existing development of the local infrastructure was accomplished with local initiatives. The autonomy of the Port Burwell through a local government has secured a water system, a sewage treatment plant and provincial park which in the opinion of Council, would have otherwise been missed opportunities. Councillor Hevenor requested specific clarification of the resolution with respect to a number of items however, was in support of the general nature of the resolution. Councillor Mason expressed concern that the County was progressing too quickly with restructuring activities and feared that the Municipality would have no voice or choice in the matter. Reeve Nesbitt expressed that the County has presented a budget item only in the amount of $100,000 for the restructuring study. This resolution although a good idea may be premature. Resolution #960227-10 MOVED BY: Cindy Allin SECONDED BY: Gord Loucks 5 Motion to table Resolution #960227- 03 until March 26, 1996 Regular Council Meeting considering pending refinements to Resolution #960227- 11 CARRIED: Tom Nesbitt b) Museum Advisory Committee No report. c) Community Policing No report. d) Fire Report No report. e) Recreation Advisory Committee No report. f) BTA No report. 6. CP Rail Abandonment Letter from Kevin Paul, CP Rail dated - February 13, 1996 - Received and Filed. Letter from Haldimand-Norfolk dated - February 19, 1996 - Received and Filed Memo from D. Free - Received and Filed Councillor Hevenor was concerned for the continuity of CP Rail Line and suggested that a letter be drafted towards organizing a joint meeting with Tillsonburg to investigate the purchase of the lands. Reeve Nesbitt identified that Tillsonburg through various public meetings is supportive of the rail link between the two municipalities. Under the direction of Council, Councillor Hevenor is to provide the liaison with Tillsonburg to investigate these matters further. 6 7. Vienna Environmental Assessment Meeting -January 24, 1996 - Memo D. Free dated January 28, 1996 - Received and Filed. Resolution #960227- 11 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to forward the Memorandum with regards to the Environmental Assessment of the Village of Vienna dated January 28, 1996 to the Village of Vienna. CARRIED: Tom Nesbitt, Reeve 8. Banking Agreement with Canadian Imperial Bank of Commerce A conflict of interest was declared by Councillor Loucks. Resolution #960227-07 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby authorizes the Reeve and the Administrator/Clerk-Treasurer to enter into a banking agreement for 1996 with the Canadian Imperial Bank of Commerce. CARRIED: Tom Nesbitt, Reeve 9. Water Breaks Within Village - Memo Kevin Bradfield - Received and Filed. 10. Repairs to Fire Truck Resolution #960227-08 MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby authorizes 7 the Reeve and the Administrator/Clerk-Treasurer to draw $7,962.05 from the Reserve Fund for the repairs to the Fire Truck as per the attached invoice. CARRIED: Tom Nesbitt, Reeve 11. CMHC Letter Dated June 27, 1996 -Memo D. Free dated February 20, 1996 Resolution #960227- 06 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor WHEREAS the Village of Port Burwell has in the past solicited Non-Profit Housing for the municipality and to this end has been successful in procuring the Port Burwell Family Residences and the Port Burwell Non-Profit Housing Corporation and; WHEREAS both of these entities have been operating within the municipality for the past five years towards providing subsidized housing for those in need, and; WHEREAS based upon the population demographics of the municipality these two Non-Profit Housing entities provide a proportionate share of subsidized housing to those in need within the community and; WHEREAS Central Mortgage and Housing Corporation has twelve units of subsidized housing within the municipality, and; WHEREAS based upon the Non-Profit Housing and the Central Mortgage and Housing Corporation's presence in the community the municipality is experiencing a disproportionate level of needy persons and; WHEREAS within the municipality there is limited opportunity for work for persons who inhabit the Non-Profit Housing units and the Central Mortgage and Housing units. The Council of the Village of Port Burwell hereby requests that the Central Mortgage and Housing Corporation remove from the municipality the subsidized rental units as they become available and return them back to the public for private ownership in an effort to reduce the subsidized housing within our municipality. CARRIED: Tom Nesbitt, Reeve 8 12. Canadian Coast Guard - Tri Party Memorandum of Understanding Councillor Allin questioned a number of items within the proposed Memorandum and the ability of the Municipality to uphold the agreement. The Administrator/Clerk-Treasurer advised that many of the conditions may have changed which precipitated the Memorandum. It was suggested by Reeve Nesbitt that the Administrator/Clerk-Treasurer obtain additional information from the Department of Fisheries and Oceans with respect to the agreement. 13. Town of Tillsonburg - Police and Fire Service Restructuring Discussions - Oral Report D. Free Council directed that a resolution be formulated with respect to commissioning the Ministry of the Solicitor General to commence investigations with respect to Emergency options for the Municipality of which would include the Tillsonburg Police and Fire Services. 14. Bylaws i) By-Law 96-10 - A by-law to Appoint Tax Collectors and Policies for Collections - Proposed Resolution #960227-09 - Memo D. Free Dated February 22, 1996 Tabled. 15. Review and Approval of Accounts & Cheques Resolution #960227- 05 MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the financial reporting, the accounts payable as amended in the amount of$17,655.30 and the cheques attached in the amount of$2,698.01. CARRIED: Tom Nesbitt, Reeve 9 16. Old Business None. 17. New Business A bylaw for licensing trailers was presented to Council considering Bill 26 and the user pay system, inclusive of amendments to the Municipal Act through Bill 26, which permits the municipality to charge trailer parks on a monthly basis for each trailer occupying a site. Prior to the passing of Bill 26 the Fair Tax Commission recommended that this loop hole be closed in order to permit fair revenue generation for the municipality. The licensing/municipal taxation of trailer parks has been a concern of a number of municipalities throughout Ontario citing that trailer users are not paying their fair share within municipalities despite being big users of the municipal systems and infrastructure. Council directed the Administrator/Clerk-Treasurer to obtain more information with regards to how other municipalities in Ontario are going now deal with trailer parks. ii Letter Elgin County Agricultural Employment Services February 19, 1996 - Received and Filed Reeve Tom Nesbitt declared conflict of interest. Resolution #960227- 12 MOVED BY: Cindy Allin SECONDED BY: Dave Mason Be it resolved the Council of the Village of Port Burwell hereby appoints Jim Hevenor as Acting Reeve considering the conflict of interest declared. CARRIED: Tom Nesbitt Reeve Nesbitt left the room. Resolution #960227- 13 MOVED BY: Dave Mason 10 SECONDED BY: Cindy Allin Whereas agriculture has over the century played a vital role in the commerce of Elgin County and in particular East Elgin area, and; Whereas, the nature of the agriculture industry has special needs which requires seasonal workers to harvest crops, and full time workers for the livestock farming sector; Whereas, structural changes within Canada Employment does not adequately address the needs of the local farming community with respect to labour, and; Whereas over the past 21 years the Agricultural Employment Services in Aylmer, Ontario as established by the Federal Government, has provided employment/labour services to the area farmers and farm labour personnel towards full filling mutual needs sustaining this sector of the local economy, and; Whereas it is the opinion of Council through dialogue with local farmers and farm labourers that the Agricultural Services has performed in a superior fashion and provided an integral service to the area for farming industry and economy and; Whereas the Council of the Village of Port Burwell is in receipt of a business plan as developed by the Local A.E.B., Aylmer, Ontario, towards establishing the Agricultural & Rural Employment Agency, of which in its presentation and intent would continue to fulfil a need within the area. BE IT RESOLVED, the Council of the Village of Port Burwell supports the Pilot Project as presented and further recommends that the Federal and Provincial governments provide support and financing to bring the plan to fruition in order to address the employment of the rural community of Elgin County and surrounding the area. CARRIED: Jim Hevenor, Acting Reeve Resolution #960227- 14 MOVED BY: Cindy Allin SECONDED BY: Dave Mason Be it resolved the Council of the Village of Port Burwell hereby reappoints Tom 11 Nesbitt as Reeve considering the conflict of interest declared. CARRIED: Jim Hevenor,Acting Reeve 18. Committee of the Whole No report. 19. Motion to Adjourn Resolution #960227-04 MOVED BY: Jim Hevenor Approved: March 2, 1996 -G� T; fir, sl ' 74';t1/9 Tom ► esbitt•. k, °. i� .Reed . _ , (.) tI , diI ) \ S Rap R. ,kree:'✓- Adminhstrat'oi%Clerk-Treasurer 12 Village of Port Burwell Minutes Council Meeting March 12, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Linda Berry, Gwen&Jack Foster and Phyllip Pressey of Ontario Clean Water Agency Regrets: Councillor Mason Call Meeting to Order Declaration of Conflict of Interest 1. Adoption of Minutes of Special Council Meeting dated February 20, 1996 Resolution #960312- 01 MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the February 20, 1996 Special Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated February 20, 1996 None. 3. Adoption of Minutes of Regular Council Meeting dated February 27, 1996 Resolution #960312- 02 MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the February 27, 1996 Regular Council Meeting. 1 CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated February 27, 1996 None. 5. Delegations a) Jack & Norma Vince - Letter dated March 7, 1996 RESOLUTION #960312-12 MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs that By-Law 96-03 be amended to provide for 3 equal payments. CARRIED: Tom Nesbitt, Reeve a) Gwen &Jack Foster - Letter dated March 7, 1996 Reeve Nesbitt, considering the letter from the Fosters and identified that the Sign Bylaw was instituted to improve the Village appearance and to address complaints. Mrs. Foster suggested that she may sever the property. Council suggested that the application for the severance be submitted. Reeve Nesbitt identified that a report was to be prepared by staff with respect to this matter for Council's review and decision. 6. Correspondence a) Ministry of Environment & Energy - Environmental Youth Corps - A16 MOEE Received & Filed. b) LPRCA Full Authority Minutes - A16 LPRCA Received & Filed. 2 c) Ontario Sports & Recreation Centre Inc. - P09 GEN Received & Filed. d) Hamilton, Ward & Cathers - L06 Received & Filed. e) Community Safety Councils of Ontario -AOl GEN Received & Filed. f) Higgs Construction Ltd. - Harbour Dredging - T12 96 Received & Filed. g) Rotteau Resources - E00 Received & Filed. h) Attractions Ontario - D06 Received & Filed. i) Ministry of Citizenship, Culture & Recreation - A16 MCCR Received & Filed. j) LPRCA - 1996 General Municipal Levy - 1995 Audited Financial Statements - A16 LPRCA Received & Filed. k) OCWA- A16 OCWA Received & Filed. 1) Economic Impact of the Tobacco Industry in the County of Elgin - A16 CTY Received & Filed. 3 m) Ministry of Municipal Affairs & Housing - A16 MMA Received & Filed. n) Canadian Diabetes Association - P09 GEN RESOLUTION #960312-13 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby consents to conducting the province wide raffle within the Municipality. CARRIED: Tom Nesbitt, Reeve 7. Committee Reports a) County The 1996 Budget deliberations are currently under way. It is anticipated that budget should be finalized by the end of March, 1996. b) Museum Advisory Committee No report. c) Community Policing No report. d) Fire Department Concern exists with regards to the Municipal purchasing bylaw and its administration. It was suggested by the Administrator/Clerk- Treasurer that a petty cash fund be started and minor purchases by the Fire Department be made from these monies. Reconciliation of this account would be completed monthly with receipts. 4 e) Recreation Advisory Committee Councillor Loucks identified that there is a meeting of the Recreation Society March 13, 1996 to review the structures of the Recreation Advisory Committee and the Recreation Society. The Buy a Brick Open House is to be March 23, 1996 at the Parish Hall. Baseball registration March 16 and 23, 1996 10:00 am to 2:00 pm. f) BTA No report. g) Municipal Key Indicators i) Financial Reporting - Received & Filed. ii) Lottery Licencing Report - Received & Filed. iii) Building Inspection Report - Received & Filed. iv) By-Law Enforcement Report - Received & Filed. v) Fire Extinguisher Report - Received & Filed. vi) "Buy a Brick Campaign" Report - Received & Filed. 8. Tax Exemption Harbour Lands, Elgin County School Board - Memo D. Free Dated March 7, 1996 - Proposed Letter dated March 12, 1996 to T.K. Veenstra, Elgin County Board of Education Resolution #960312-11 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks Whereas the Village of Port Burwell has entered into a lease under the authority of Bylaw 92-02 amended by Bylaw 96-07 Being a By-law to amend bylaw 93-08, being a by-law to authorize the municipality to enter into a lease agreement with 345990 5 Ontario Limited with regard to the use of lands for the purpose of Municipal Capital 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. This resolution and other appropriate information is to be forwarded to Elgin County Board of Education and the Ministry of Finance, Assessment Office forthwith. CARRIED: Tom Nesbitt, Reeve 9. CMHC - Rural & Native Housing Program (RNH Program) - Letter from CMHC dated March 4, 1996 - Proposed Return Letter dated March 13, 1996 Reeve Nesbitt was directed to forward the letter as presented to CMHC forthwith in response to the March 4, 1996 letter. 6 10. Trailer Park Licence Fees Draft By-Law 95-32 - Memo D. Free dated March 7, 1996 - Received & Filed The Administrator/Clerk-Treasurer stated that there would be meeting in the near future with various other municipalities concerning the future handling of trailer parks within municipalities. Council requested that they be informed of the meeting details. 11. Delegation OCWA- Draft Agreement - Previously Circulated Phil Pressey - Project Facilitator, Western Area Office Phil Pressey OCWA representative, reviewed a Draft Agreement and included the financial report for 1995 for the Municipal Sewage Treatment Plant. Reeve Nesbitt identified that Mr. Pressey's attendance was appreciated considering the treatment of the Municipality by previous OCWA staff. Council has had concerns primarily with the management of the plant and the flow of information which develops the costs to the ratepayers. Reeve Nesbitt identified that the proposal would be reviewed by Council for final direction with regards to this matter. 12. Surplus County Lands - County Road #39 - Memo D. Free dated March 5, 1996 - Received & Filed Resolution #960312-08 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks WHEREAS the upon the realignment of County Road #39 in 1977 certain lands were given to the County of Elgin within the Village of Port Burwell described as Registered Plan 12, Lot 11 Concession 1 and the Accreted Land in Front of Lot 11 Concession 1 formerly Township of Bayham now in the Village of Port Burwell, no longer are longer used in conjunction with the County Road system, and; WHEREAS since the previously said lands were acquired in concert with the construction project for County Road #39 from the Village of Port Burwell, and; WHEREAS, the Village of Port Burwell has under taken to keep these land clean and clear complying with local property standards bylaws, and; 7 WHEREAS, these lands are not currently part of the County Road system in accordance with Elgin County Bylaw 85-27 as amended, 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, access to the Provincial Park and motorists, and; WHEREAS, a water line is proposed in this area to enable a fire safety at the municipal sewage treatment facility, 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, and; WHEREAS the past effort and the future 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 in returning these lands known as Registered Plan 12, Lot 11 Concession 1 and the Accreted Land in Front of Lot 11 Concession 1 formerly Township of Bayham now in the Village of Port Burwell, to the Corporation of the Village of Port Burwell for a nominal sum of money. The transfer of the land 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 maintained and developed for the benefit of the community. Further to this matter municipality will pay all costs for the transfer of the property including a legal survey. CARRIED: Tom Nesbitt, Reeve 13. Bylaws i) By-Law 96-10 - A by-law to Appoint Tax Collectors and Policies for Collections - Memo D. Free Dated February 22, 1996 Resolution #960312-07 8 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 96-10, being a by-law to appoint tax collectors and prescribe regulations for the collection of taxes for the Village of Port Burwell. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time 14. Review and Approval of Accounts & Cheques Resolution #960312- 06 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the financial reporting, the accounts payable as amended in the amount of$114,628.85, payroll in the amount of $15,274.00, Council pay in the amount of $1,087.74, Fireman's pay in the amount of$1,740.00 and the cheques attached in the amount of$217.00. CARRIED: Tom Nesbitt, Reeve 15. Old Business Resolution #960312-10 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor Whereas, CP Rail has for sale land known as the Port Burwell Subdivision between the municipalities of Port Burwell and the Town of Tillsonburg, and; Whereas, it has been deemed by local municipalities to have significance with regard to future applications including a utility corridor, future transportation and recreation, and; Whereas, efforts in the past have been made to inform the Province and local 9 municipalities of the importance of this land assembly, and; Whereas, the municipalities of Tillsonburg and Port Burwell are currently in discussions towards jointly obtaining the subject property for the purpose of maintaining the integrity of this land assembly towards future benefiting uses for the residents within a 60 mile radius, and; BE IT RESOLVED, the Council of the Village of Port Burwell hereby requests that the Province of Ontario protect the land from being sold and add the subject subdivision to the list for Provincial purchase. Council in receipt of a supporting resolution from the Town of Tillsonburg, which will through local service clubs jointly obtain the lands for the future generations benefit. CARRIED: Tom Nesbitt, Reeve 16. New Business Resolution #960312-09 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor Whereas, in the past the cost of policing for rural municipalities has been absorbed by the Province of Ontario, and; Whereas, there has been clear indication through dialogue with Provincial officials and politicians that the cost of policing will be transferred to the rural municipalities, and; Whereas, it is the desire of the Council of the Village of Port Burwell to provide cost effective policing and other emergency services with an efficient and adequate level of service, and; Whereas, in an effort to be proactive in these matters and provide cost effective emergency services to the residents of the municipality of Port Burwell. BE IT RESOLVED, the Council of the Village of Port Burwell hereby requests the establishment of an intermunicipal study towards providing emergency services for the Village of Port Burwell. Council further encourages any and all municipalities within the Big Otter Creek watershed and other municipalities which may have a similar interest, to commence the investigative processes with the Ministry of the 10 Solicitors Generals office towards shared emergency services for their respective municipalities. It is recommended that within the terms of the intermunicipal study that a steering committee be established composed of representatives from the various municipal offices and constituencies. The mandate of this committee through the support of the Ministry of the Solicitor General and local municipalities shall be to report to the local municipalities with respect to the most cost effective means for emergency services delivery within the Big Otter Creek watershed for a final review and decision by local Councils. This resolution is to be forwarded for consideration and support to the Councils of the municipalities of the Village of Vienna, the Township of Bayham, the Township of Malahide, the Town of Tillsonburg, the Town of Aylmer and the Township of Southwest Oxford. CARRIED: Tom Nesbitt, Reeve 17. Committee of the Whole Resolution #960312-03 MOVED BY: Cindy Allin 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 #960312-04 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: Tom Nesbitt, Reeve 11 Resolution #960312-14 MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to commission Kim Husted Surveying to survey the Memorial Park area and the Cenotaph lands. CARRIED: Tom Nesbitt, Reeve 18. Motion to Adjourn Resolution #960312-05 MOVED BY: Cindy Allin Approved: Mar - 26, 1996 ` 1 1 ' J a ! j�(�// /( #i v f Tom N bitt . , J .7 Reeve ;. f • s• \ �' .i,- " f David 7 ree Administrator/Clerk-Treasurer 12 Village of Port Burwell Minutes Council Meeting March 26, 1996 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, Tracy Marlatt, Nichole Bauman, Chrystal Warren,June Warren and Gordon Craig Call Meeting to Order Declaration of Conflict of Interest Councillor Hevenor Declared Conflict on Item #12 1. Adoption of Minutes of Regular Council Meeting dated March 12, 1996 Resolution #960326- 01 MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the March 12, 1996 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated March 12, 1996 None. 3. Market Square Works Tender - Memo D. Free dated March 21, 1996 Resolution #960326- 11 MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor 1 WHEREAS the Village of Port Burwell has tendered for the works at Market Square on behalf of the Recreation Society, and; WHEREAS the Village of Port Burwell has received a tender from Cambridge Landscaping in the amount of$54,616.72. BE IT RESOLVED, the Council of the Village of Port Burwell herby directs the Administrator/Clerk-Treasurer to prepare contract documents towards accepting the tender of Cambridge Landscaping in the amount of$54,616.72 to be prepared and presented at the April 9, 1996 Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Correspondence a) Arnold Unger - C13 Received & Filed. b) Office of the Lieutenant Governor - C00 PROV Received & Filed. c) LCBO -A16 GEN Received & Filed. d) OCWA- 1995 Financial Return Data - A16 OCWA Received & Filed. e) OMRA - A01 OMRA Received & Filed. f) Prime Minister of Canada - C00 FEDL Received & Filed. g) Ministry of Municipal Affairs & Housing - A16 MMA - Public Sector Salary Disclosure Act 2 Received & Filed. h) Ontario Small Urban Municipalities 43rd Conference - May 1- 4, 96 - A01 - GEN Received & Filed. i) Industry Canada - Radio Station Licence Fees - COO FEDL Received & Filed. j) LPRCA- 1995 Annual Report - A16 LPRCA Received & Filed. k) Sault College - Natural Resources Co-operative Education Programs Received & Filed. 1) County/City Re-Engineering Study Committee - A16 CTY Resolution #960326-15 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor WHEREAS the Government of Ontario is promoting amalgamations of municipalities into larger communities to realize cost savings and increased efficiency, and; WHEREAS the existing boundaries of Elgin County were established over 150 years ago during a pioneer, agrarian society, and; WHEREAS the existing county boundaries may no longer be viable for the future economic and technological driven society, and; WHEREAS the Village of Port Burwell is a historic, unique, progressive and financial responsible municipality geographically situated in•the extreme south east corner of Elgin County. 3 The Council of the Village of Port Burwell hereby resolves to thoroughly investigate all possible amalgamation positions, service sharing situations and elimination of tiered government levels within the county including crossing county boundaries that would be the cost financially productive situation to carry Pot Burwell well into the 21st century. CARRIED: Tom Nesbitt, Reeve m) Ontario Heritage Foundation - A01 GEN Refer to Museum Committee n) St. Thomas - Elgin Tourist Association - A01 SWOT Received & Filed. 5. Committee Reports a) County The Budget for 1996 will have a 3.7% increase maintaining a rate stabilization fund towards 1997 Provincial cuts. Funding remained for the County restructuring study. The urban road rebate was cut by 50% for 1996 (approximately$2,800) and no funding for 1997. b) Museum Advisory Committee No Report. c) Community Policing Reeve Nesbitt suggested a public meeting for Neighbourhood Watch to be scheduled for the Spring. d) Fire Department Councillor Hevenor identified that the Fire Department did not want a petty cash fund to assist with purchasing problems. The Fire Chief and the Deputy Fire Chief are to continue purchasing on behalf of the department in accordance to the Purchasing policy. 4 e) Recreation Advisory Committee A fund raising display for the Buy a Brick Campaign for the Market Square Project was held at the Parish Hall Saturday, March 23, 1996 and the response was moderate. f) BTA No Report. 6. Municipal Security Memo D. Free dated March 20, 1996 - Received & Filed. Quotation from Grassmere Security Services Dated March 7, 1996 Received & Filed. Council consented to the immediate purchase of security system for the municipal offices and refer the remaining buildings security systems to the 1996 budget deliberations. 7. County of Elgin Opportunity to Enforce County of Elgin 'No Parking By-Laws' and Retain Fines Council Directed that copies of By-Law 93-09 (not passed be circulated to review the need for a parking bylaw for the municipality and tabled the County By-law to the April 9, 1996 Council meeting. 8. Tax Roll Arrears Certificate Discharge - 43 Shakespeare Street Resolution #960326- 10 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks WHEREAS a tax arrears certificate was registered on the title of 43 Shakespeare Street Roll #3402000001112000000 in the amount of$1,560.63 as of January 4, 1989, and; WHEREAS the Treasurer has reviewed the tax accounts from 1992 through to 1996 and has determined that there is no outstanding amount on the tax roll for 43 Shakespeare Street. THEREFORE the Council of the Village of Port Burwell hereby directs the 5 Administrator/Clerk-Treasurer to complete and sign the attached Document General to remove the said tax arrears certificate registered on 43 Shakespeare Street by the Village of Port Burwell on January 4, 1989. CARRIED: Tom Nesbitt, Reeve 9. Sign Located at 4 Chatham Street - Tabled March 12, 1996 - Memo to D. Free from By-Law Enforcement Officer dated March 18, 1996 The By-Law Enforcement Officer is to provide a further report with regards to the sign located at 4 Chatham Street. 10. Memos to D. Free from By-Law Enforcement Officer dated: - March 13, 1996 - Received & Filed. - March 18, 1996 - Received & Filed. - March 20, 1996 - Received & Filed. 11. Computer Purchase - Memo D. Free dated March 21, 1996 - Received & Filed. Council consented to the purchase of the Computer under the guidelines of the purchasing policies. 12. Letter from Sally Epple - re: 22 Erieus Street Zoning Change - Memo D. Free dated March 21, 1996 - Received & Filed. Council directed that a return letter be prepared by the Administrator/Clerk- Treasurer refusing the request for relief of cost in regards to the 1994 re-zoning application. 13. SEED - Summer Career Placements Council directed that the application be submitted for six students, comprising of three tourism students and three for public works. 14. Bylaws i) By-Law 96-10 - A by-law to Appoint Tax Collectors and Policies for Collections - By-Law Previously Circulated - By-Law Read a First & Second Time March 12, 1996 6 By-Law Read a Third.Time and. Finally Passed ii) By-Law 96-11 -A by-law to Appoint a Head of Council, Municipal Freedom of information & Privacy Coordinator Resolution #960326-06 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 96-11, being a by-law to appoint a Head of Council, a Municipal Freedom of Information and Privacy Coordinator and to provide for local policies under the Municipality Freedom of Information and Privacy Act. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and. Second.Time By-Law Read a Third Time and Finally Passed iii) By-Law 96-12 - A by-law amend By-Law 95-06, a by-law to formally establish a Petty Cash Fund Resolution #960326-07 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 96-12, being a by-law to amend by-law 95-06, a by-law to formally establish a Petty Cash Fund. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and. Second.Time By-Law Read. a Third.Time and. Finally Passed. iv) By-Law 96-14 - A by-law to establish the manner in which the Municipal Auditors are to be appointed and to provide for financial reporting policies and procedures. 7 Resolution #960326-12 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 96-14, being a by-law to establish the manner in which the Municipal Auditors are to be appointed and to provide for financial reporting policies and procedures. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time 15. Review and Approval of Accounts & Cheques Resolution #960326- 05 MOVED BY: Dave Mason 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$9,883.58 and the cheques attached in the amount of$555.00. CARRIED: Tom Nesbitt, Reeve 16. Old Business Gordon Craig appeared before Council requesting relief from the $3,000 of Section 5.12 of the proposed agreement in favour of a post dated cheque or a performance bond. Council directed that Mr. Craig investigate through his insurance company a performance bond. The Administrator/Clerk-Treasurer cautioned Council with regard to the agreement and before making any alternative arrangements and suggested advice from the lawyers before a decision. The bylaw and agreement are to be presented at the April 9, 1996 Council meeting for final approval. 17. New Business Resolution #960326-08 8 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason Be it resolved that the Council of the Village of Port Burwell hereby sets April 3, 1996 at 7:00 pm as a budget meeting. CARRIED: Tom Nesbitt, Reeve Resolution #960326-13 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason WHEREAS the Port Burwell Baseball Association provides recreational services to the youth of the Village of Port Burwell and the immediate area, and; WHEREAS a letter has been received from the Port Burwell Baseball Association requesting a donation for the operation of a baseball program for youths. The Council of the Village of Port Burwell hereby agrees to donate $500.00 to the Port Burwell Baseball Association. CARRIED: Tom Nesbitt, Reeve Resolution #960326-14 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor WHEREAS the Village of Port Burwell is located along the north shore of Lake Erie steeped in maritime history providing recreation and commercial benefit to Great Lake mariners, and; WHEREAS the municipality and other communities over the century have gained the benefit of the economic development of maritime industries and activities, and; WHEREAS the municipality has in the past encountered difficulty in maintaining its maritime heritage and industries because of entangled Federal and Provincial legislation which encumbers cost effective operations of the community harbours, 9 and; WHEREAS the discussions with Provincial agencies are further complicating business operations with respect to maritime operations considering unreasonable environmental criteria, and; WHEREAS it is deemed to be expedient and cost effective and efficient to coordinate efforts towards resolving the many issues and concerns of our communities in the matters pertaining to shoreline and harbour issues. BE IT RESOLVED, the Council of the Village of Port Burwell request that other Lake Erie North Shore communities consider the appointment of a political or administrative representative to an intermunicipal committee which would address the specific concerns of our communities with respect to maritime activities to various Provincial and Federal Ministers toward cost effective and efficient solutions without injury to the environment or habitat. CARRIED: Tom Nesbitt 18. Committee of the Whole Resolution #960326-02 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. CARRIED: Tom Nesbitt, Reeve Resolution #960326-03 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 to rise and report. CARRIED: Tom Nesbitt, Reeve 10 Resolution #960326-15 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby provides their approval as part of the 1996 training budget for the Administrator/Clerk- Treasurer to attend the course at the University of Western Ontario in reference to the Diploma Public Administration starting May 6, 1996. CARRIED: Tom Nesbitt, Reeve 19. Motion to Adjourn Resolution #960326-04 MOVED BY: Jim Hevenor Approved: A 1 9, 199 To ' NeA..itt `{ Re-lie a �.w , i 'f( , �1I • • 9 Da R. Free A.ministrator/Clerk-Treasurer 11 Village of Port Burwell Minutes Special Council Meeting April 3, 1996 7:00 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer & Deputy Treasurer Guests: Fire Chief: Tom Millard & Deputy Fire Chief: Sam Taylor Call Meeting to Order - 7:10 pm Declaration of Conflict of Interest None 1. Opening Remarks - Reeve Tom Nesbitt Reeve Nesbitt identified a tentative agreement with regards to the 1996 budget set at 3.7% for the County of Agin. The existing budget document indicates a 5.9% increase which is not acceptable. Reeve Nesbitt requested that the Fire Chief present the details of his budget submission. 2. Review of 1996 Operating Budget The Fire Chief presented the details of the Fire Departments original budget submission. Councillor Hevenor suggested that a number of budget items including building upgrades which were not budgeted by the Fire Chief for the Department were to be capitalized. These additions and alterations would provide improved operations with less costs. The Fire Chief and Deputy Chief requested permission to join the Ontario Association of Fire Chiefs for a combined cost of$170.00 which would also permit free admissions to the annual Conference to be held in June of 1996. Reeve Nesbitt identified that training and seminars which will improve service delivery to the ratepayer has in the past and will continue to be a priority and suggested that the Department budget be amended to include the cost of attending the conference. 1 Council requested both the Fire Chief and the Deputy Fire Chief provide the necessary details of the cuts to the operating budget to equal a total$29,000 which would represent a 16% increase over 1995. The capital budget is over $50,000 which includes for building and equipment improvements. 3. Review of 1996 Capital Budget Received and Filed. 4. Old Business Council directed the Administrator/Clerk-Treasurer to configure the 1996 budget to equal a 2.9%increase over 1995 inclusive of 50% of the previously adopted salary grid system to be implemented January 1, 1996. 5. New Business None. 6. Committee of the Whole Resolution #960403-01 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 #960403-02 MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 2 7. Motion to Adjourn Resolution #960403-03 MOVED BY: Jim Hevenor Approved: April 9, 1996, IPA 20/' A 441 ;' o l esbitti Reeve' ;,' i ininistrator/Clerk-Treasurer 3 Village of Port Burwell Minutes Council Meeting April 9, 1996 7:30 pm Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Ron Bradfield, Larry Martin and Mario Chirico Call Meeting to Order Declaration of Conflict of Interest 1. Adoption of Minutes of Regular Council Meeting dated March 26, 1996 Resolution #960409- 01 MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the March 26, 1996 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated March 26, 1996 None. 3. Adoption of Minutes of Special Council Meeting dated April 3, 1996 Resolution #960409- 02 MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the April 3, 1996 Special Council Meeting. 1 CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated April 3, 1996 None. 5. Correspondence a) Ministry of Municipal Affairs & Housing - A16 MMA Received & Filed. b) Booth Travel - MOl Received & Filed. c) St. Thomas Elgin Tourist Association - A01 ETA Received & Filed. d) City of Quebec - Mayors' Conference - A04 Received & Filed. e) Town of Kincardine - Request for Resolution of Support - C10 Received & Filed. f) Corporation of the Village of Blyth - Request to Discontinue the Collection of Education Taxes - C10 Tabled to April 23, 1996 Meeting g) CMHC - Rural and Native Housing Program -A16 CMHC Received & Filed. h) Floyd Laughren - C00 PROV Received & Filed. 2 i) Public/Private Partnerships in Parks and Recreation - A00 - GEN Received & Filed. j) The Ontario Local Government Innovative Public Service Delivery Award - M04 Received & Filed. k) Prime Minister of Canada - COO FEDL Received & Filed. 1) Participaction - AOOGEN Received & Filed. m) OMMRI Received & Filed. n) OSUM - A01 OSUM Received & Filed. o) LPRCA- Annual Meeting Minutes -A16 - LPRCA Received & Filed. 6. Committee Reports a) County No Report. b) Museum Advisory Committee The Museum Advisory Committee has consented to construct a Chalk Drug Store display in the museum. The annual fund raising dinner is scheduled for June 8, 1996 at 6:00 pm. 3 c) Community Policing No Report. d) Fire Department No Report. e) Recreation Advisory Committee No Report. f) Events Committee No Report. g) Municipal Key Indicators i) Lottery Licensing Report - Received & Filed. ii) Building Inspection Report - Received & Filed. iii) By-Law Enforcement Report - Received & Filed. iv) Fire Extinguisher Report - Received & Filed. v) "Buy a Brick Campaign" Report - Received & Filed. vii) Municipal Water Consumption Report - Received & Filed. 7. Approval to Adopt New Set of Books Resolution #960409-09 MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin WHEREAS the Municipal Act Chap M.45 as amended, s. 79 states that "the treasurer shall receive and safely keep all money of the corporation..." and; WHEREAS the Treasurer deems it necessary to create a new set of books and 4 records to more effectively record and administer all money of the corporation; BE IT RESOLVED, the Council of the Village of Port Burwell hereby provides their approval to the attached documentation to be the new books and records for the Village of Port Burwell and approves the request of the Treasurer to maintain both the old and the new set of books and records simultaneously until June 30, 1996 at the latest in order to ensure the accuracy of the new books and records. CARRIED: Tom Nesbitt, Reeve 8. County of Elgin - Opportunity to Enforce County of Elgin 'No Parking By-Laws' and Retain Fines - Previously Tabled - Bylaw 93-09 (Not Passed) Received & Filed Council directed the Administrator/Clerk-Treasurer to obtain more information as to the response in other communities within Elgin County with regards to the proposed parking bylaw. 9. Sign Located at 4 Chatham Street - Tabled March 12, 1996 - Memo to D. Free from By-Law Enforcement Officer dated April 3, 1996 - Previously Tabled Council directed the Administrator/Clerk-Treasurer to provide a response with regards to the details which would permit the sign to remain without being in violation of the sign by-law. 10. Bylaws i) By-Law 96-22 - Being a by-law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into an Agreement with Cambridge Landscaping Ltd. for the purpose of the construction of the Port Burwell Market Square Passive Park. Resolution #960409-07 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 96-22, being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with 5 Cambridge Landscaping Ltd. for the purpose of the construction of the Port Burwell Market Square Passive Park. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed ii) By-Law 96-23 - Being a by-law to establish a bookkeeping policies. Resolution #960409-08 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 96-23, being a by-law to establish bookkeeping policies. CARRIED: Tom Nesbitt, Reeve iii) By-Law 96-14 -A by-law to establish the manner in which the Municipal Auditors are to be appointed and to provide for financial reporting policies and procedures. - By-Law Previously Read a First and Second Time &Tabled - Previously Circulated - Comments B. Budarick - Oral report D. Free By-Law Read a Third Time and Finally Passed iv) By-Law 96-15 - Being a by-law to appoint an Acting Deputy Clerk Resolution #960409-10 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 96-15, being a by-law to appoint an Acting Deputy Clerk. CARRIED: Tom Nesbitt, Reeve 6 By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed v) By-Law 96-04 - Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Doane Raymond for Audit Services for the fiscal year of 1996 Resolution #960409-11 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 96-04, being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Doane Raymond for Audit Services. CARRIED: Tom Nesbitt, Reeve vi) By-Law 96-19 - Being a By-law to amend bylaw 96-05 being a by-law to amend bylaw 96-03 which authorizes the municipality to enter into a licence agreement with the Jack & Norma Vince for the operation of a Food Stand on the East Beach. Resolution #960409-12 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 96-19, being a By-law to amend bylaw 96-05 being a by-law to amend bylaw 96-03 which authorizes the municipality to enter into a licence agreement with the Jack & Norma Vince for the operation of a Food Stand on the East Beach. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and. Second Time By-Law Read. a Third.Time and Finally Passed. 7 vii) By-Law 96-16 Beinga by-law to dedicate a road. Resolution #960409-13 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 96-16, being a by-law to dedicate a road. CARRIED: Tom Nesbitt, Reeve viii) By-Law 96-24 - Being a by-law to amend by-Law 95-16 being a bylaw for Prohibiting and Regulating the Erection of Signs and Other Advertising Devices Resolution #960409-14 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 96-24, being a by-law to amend by-Law 95-16 being a bylaw for Prohibiting and Regulating the Erection of Signs and Other Advertising Devices. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and. Second Time By-Law Read a Third Time and Finally Passed. 11. Letter from Township of Amabel Dated March 29, 1996 - re: Trailer Parks Received & Filed. 12. Memo D. Free dated April 4, 1996 - re: Bruce Gardiner The response letter as presented is to be sent to Mr. Gardiner. 8 13. Review and Approval of Accounts & Cheques Resolution #960409- 06 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 $23,379.87, Council pay in the amount of $871.50, Payroll for the month of March, 1996 in the amount of $11,690.08 and the cheques attached in the amount of$397.35. CARRIED: Tom Nesbitt, Reeve 14. Old Business - Bylaw 95-16 (Sign Bylaw) Bradfield Property; Councillor Allin Councillor Allin had concern with regards to the sign bylaw as it applies to the sign located at the home of Ron Bradfield. The bylaw enforcement officer is to provide a report through the Administrator/Clerk-Treasurer with regards to the interpretation of the by-law as it applies to this specific situation. 15. New Business Councillor Hevenor had concerns with regards to tree planting by Municipal staff and offered his assistance in these matters. The trees are to be placed on municipal property. Mario Chirico was in attendance and was granted the opportunity to speak and requested a time extension with regard to the removal of the cottages located on the East Beach. Mr. Chirico was directed to provide a formal request to Council through the Administrator/Clerk-Treasurer for consideration at the April 23, 1996 Regular Council Meeting. 16. Committee of the Whole Tabled. 9 17. Motion to Adjourn Resolution #960409-05 MOVED BY: Jim Hevenor Approved: April 23, 1996 Tom 1e; vitt - it,RY' David Free Admi istrator/Clerk-Treasurer 10 Village of Port Burwell Minutes Council Meeting April23, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer and Deputy Clerk Guests: Allan Spicer, Stan Spencer - Philip Utility Corporation, Klaus Stolch - Philip Utility Corporation, TJ Lee - CMHC, Martin McCormick - CMHC, Pat O'Hare - CMHC and Mario Chirico Call Meeting to Order Declaration of Conflict of Interest 1. Adoption of Minutes of Regular Council Meeting dated April 9, 1996 Resolution #960423- 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 April 9, 1996 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated April 9, 1996 None. 3. Delegations a) CMHC - Letter Dated April 1, 1996 - TJ Lee, Manager Portfolio Management & Social Housing - Martin McCormick - Ontario Aboriginal Housing Services Mr. Lee expressed concern for the resolution which was passed by Village of Port Burwell Council on February 27, 1996 with respect to CMHC Housing within the 1 municipality. He assured Council that there is still demand for CMHC units in the Port Burwell area. TJ Lee presented facts and history of the program and that the rental units within the community have not been scheduled for reduction. Council members explained the rational for the resolution and stated that their position was clear and remained. b) Philip Utility Management System - Letter - Video Presentation Mr. Spencer the Vice President of Philip Utility Management System introduced the Fifth Estate video concerning some questionable issues with regards to Philip Utility Corporation. Before viewing the tape Mr. Spencer provided an explanation of a number of the issues that the video addressed. A letter was also presented by Mr. Spencer which clarified the details in the Fifth Estate video. The video from the Fifth Estate with regard to the Tara Landfill project was viewed by Council members. Mr. Spencer stated that reporters did not provide an unbiased report, nor did they speak with any officials of the company, although they were invited to interview anyone that they wished. Council viewed the video and there were no questions with regards to its contents. Reeve Nesbitt thanked Mr. Spencer and Mr. Stolch for their time and identified that Council would be review the comments from the village solicitor with regards to the proposed agreement by Philip Utility. 4. Correspondence a) Newspaper Clipping - Blyth Organizing Tax Revolt - Letter from Corporation of the Village of Blyth - Tabled from April 9, 1996 - Request to Discontinue the Collection of Education Taxes - C10 Received & Filed. b) Town of Tillsonburg - Oxford County Hospitals Planning Study-A16 GEN Resolution #960423- 09 RESOLUTION 2 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the resolution passed by the Town of Tillsonburg dated April 9, 1996 with regards to Oxford County Hospitals' Planning Study Thames Valley District Health Council. CARRIED: Tom Nesbitt, Reeve c) Lake Erie Leisure &Activity Guide -Advertising Space Available - MOl Received & Filed. d) KMK Consultants Ltd - A05 Received & Filed. e) LPRCA- Fees for Processing Applications - A16 LPRCA Received & Filed. f) Royal Canadian Legion - Donation for Catfish Derby - A01 RCL RESOLUTION #960423-12 MOVED BY: Dave Mason SECONDED BY: Cindy Allin BE IT RESOLVED, the council of the Village of Port Burwell hereby agrees to donate $50.00 to the Port Burwell Royal Canadian Legion for the Annual Catfish Derby. CARRIED: Tom Nesbitt, Reeve g) Elgin - Norfolk CAA- Fight Against Drunk Drivers -AO1 GEN Received & Filed. 3 h) RCO - User Fees for Residential Waste Management - E07 Received & Filed. i) Ministry of Citizenship, Culture & Recreation - A16 MCCR - Survey of Recreation Facilities Received & Filed. j) Ministry of Citizenship, Culture & Recreation - A16 MCCR - Youth at Risk Received & Filed. 5. Committee Reports a) County The County passed a resolution to engage a facilitator for the County Restructuring Study. Reeve Nesbitt explained that in order to save monies, County meetings are now to start at 9:30am and to finish no later than 12:OOnoon. b) Museum Advisory Committee Councillor Mason stated that Marvin Underhill has started work on the new displays in the Museum. Councillor Mason also reported that all tickets have been sold for the 1996 fund raising dinner. c) Community Policing Reeve Nesbitt stated that a meeting is to be held on May 8, 1996 at 5:OOpm at the Old Town Hall Auditorium in Aylmer with regards to the operation of a Police Services Board. d) Fire Department Councillor Hevenor stated that he informed Chief Millard to meet with the Deputy Treasurer to address budget concerns. 4 Councillor Hevenor also stated that several locations for fire hydrants had been discussed with Chief Millard. The Administrator/Clerk- Treasurer informed Council that the By-Law Enforcement Officer and the Deputy Fire Chief were to meet to discuss this matter further. e) Recreation Advisory Committee A meeting is to be held on Wednesday, April 24, 1996 at 7:OOpm f) Events Committee A meeting is to be held on Monday, May 6, 1996 at 7:30pm g) Municipal Key Indicators i) Financial Reporting - Received & Filed RESOLUTION #960423- 10 MOVED BY: Gordon Loucks SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell agrees to hold a special meeting on Monday, April 29, 1996 at 7:30pm. CARRIED: Tom Nesbitt, Reeve ii) Taxes Receivable Report - Received and Filed 6. County of Elgin 1996 Budget Received and Filed 7. County of Elgin - Opportunity to Enforce County of Elgin 'No Parking By-Laws' and Retain Fines - Previously Tabled - Bylaw 93-09 (Not Passed) Tabled. 5 8. Letter dated April 18, 1996 re: Model of the Ashtabula - D. Mason to Richard Gerrard - Registrar, Toronto Historical Board It was agreed by council that the proposed letter be forwarded to Richard Gerrard as presented. Resolution #960423- 06 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor WHEREAS the train car ferry ASHTABULA used Port Burwell harbour daily from 1907 to 1958, and; WHEREAS the ASHTABULA became an area tourist attraction and a very familiar sight in Port Burwell Harbour and; WHEREAS the ASHTABULA was important to the economy of Port Burwell for 50 years and; WHEREAS the model of the ASHTABULA presently on display in the Port Burwell Marine Museum and on loan from the Toronto Historical Board has been a very popular attraction to visitors to our museum and; WHEREAS the museum has during the last two summer seasons had 7,200 and 5,500 visitors respectively and; WHEREAS it is obvious that the model of the ASHTABULA belongs in Port Burwell on Lake Erie where it represents very fond historical memories to the people of Port Burwell and area. BE IT RESOLVED THAT the Council of the Village of Port Burwell hereby request of the Toronto Historical Board that the model of the ASHTABULA remain on display in the Port Burwell Marine Museum on a permanent loan basis. CARRIED: Tom Nesbitt, Reeve 9. Bylaws - Memo D. Free Dated April 19, 1996 i) By-Law 96-09 - Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a licence agreement with Gordon Craig 6 to operate a marina - Information Previously Circulated - By-Law Read a First & Second Time at the February 13, 1996 Council Meeting By-Law Read a Third Time and Finally Passed ii) By-Law 96-23 - Being a by-law to establish a bookkeeping policies. - Information Previously Circulated - By-Law introduced at April 9, 1996 Council Meeting By-Law Read. a First and Second.Time By-Law Read a Third.Time and Finally Passed iii) By-Law 96-26 - Being a by-law to provide for local policies with respect to public enquiries Resolution #960423- 07 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 96-26, being a by-law to provide for local policies with respect to public enquiries. CARRIED: Tom Nesbitt, Reeve Council requested that the Schedule A of By-law 96-26 be amended to include "in person requests". 10. Review and Approval of Accounts & Cheques Resolution #960423-05 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$14,302.05 and the cheques attached in the amount of$5,280.09. 7 CARRIED: Tom Nesbitt, Reeve 11. Old Business - Memo E. Roloson Dated April 18, 1996 re: Bradfield Sign - Received & Filed. Councillor Loucks had concerns with regards to staff response considering a call that he had received from a resident with regards to a plugged drain. The Administrator/Clerk-Treasurer identified that the Public Works Foreman did attend to the problem first thing that Monday morning, although there was no water along Shakespeare Street. The Administrator/Clerk-Treasurer informed Council that there was a direct complaint in the Municipal Offices from the resident at 44 Shakespeare at 4:15pm Monday April 15, 1996 and the matter was immediately addressed. Councillor Mason stated that the new road signs look very nice however he was concerned with regards to work load of staff and the need to continue other beautification commitments. The Administrator/Clerk-Treasurer identified that arrangements were being made for either casual labour, or students to assist with this matter. 12. New Business Council directed that the sign at the east end of the Village which was stolen is to be replaced including anti-theft connectors. Councillor Mason enquired as to the hiring of summer students. The Administrator/Clerk-Treasurer stated that the approvals from the Human Resource Development Centre had not yet been received. Resolution #960423-08 MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin WHEREAS Council deems it necessary to amend the collection policy to add section 1.8 as follows: 1.8 Municipal Staff will accept Government Cheques, however excess monies over and above the amount owing upon the account being paid will under no circumstances be refunded in the form of cash. Under no circumstances will third party personal cheques be accepted. 8 CARRIED: Tom Nesbitt, Reeve 13. Committee of the Whole Resolution #960423-02 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 #960423-03 MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve RISE fi REPORT Resolution #960423-11 MOVED BY: Dave Mason SECONDED BY: Cindy Alin The Council of the Village of Port Burwell hereby writes off the debt of Susan Gillis in association with the Farmer's Market in the amount of$448.05. CARRIED: Tom Nesbitt, Reeve 9 14. Motion to Adjourn Resolution #960423-04 MOVED BY: Jim Hevenor Approved: April 30, 1996 i() Tom Nesbi Reeve 41101 David R ree Admi strator/Clerk-Treasurer 10 Village of Port Burwell Minutes Special Council Meeting April 29, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer, Deputy Treasurer and Deputy Clerk Guests: Allan Spicer & Phyl Pressey - Ontario Clean Water Agency Call Meeting to Order Declaration of Conflict of Interest Councillor Allin - Item #10 1. Adoption of Minutes of Regular Council Meeting dated April 23, 1996 Resolution #960429- 01 MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the April 23, 1996 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated March 26, 1996 None. 3. Politics 101 - Tommy Douglas - White/Black Cat vs mice - 1939 speech taped from the CBC radio Council listened to Politics 101 by Tommy Douglas. There were no comments. 1 4. Delegations OCWA- Phyl Pressey - Letter dated April 23, 1996 (previously circulated) Phyl Pressey addressed Council providing an explanation of the letter dated April 23, 1996 and further details of past expenditures. Mr. Pressey indicated that the cost to operate the Sewage Treatment Plant for 1996 would be approximately$80,000. Reeve Nesbitt thanked Mr. Pressey for attending the meeting and stated that Council would further discuss the proposed agreement at a later date. Mr. Pressey stated that he would address any concerns that Council has with regards to the contract. 5. Correspondence a) Booth Advertising - MOl Received & Filed. b) LPRCA- General Municipal Levy & Budget - A16 LPRCA Received & Filed. c) Request for Food Booth - East Beach - Cliff Thody Tabled to the May 14, 1996 Council Meeting. d) Elgin Community Leaders' Letter - AO1 ECL Received & Filed. e) CMHC - A16 CMHC Received & Filed. f) Ontario Good Roads Association -A04 Received & Filed. 2 g) Ontario Regional Short-Line Rail Conference - A04 Received & Filed. h) Village of Vienna - Rural Police Services -A16 VIE Received & Filed. i) Ministry of Citizenship, Culture & Recreation - A16 MCCR To be forwarded to the Milton Tower Board Members. j) MFOA- A01 MFOA Received & Filed. k) Corporation of the Village of Blyth -A16 GEN MOVED BY: Gordon Loucks SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby move to support, in premise only, the Village of Blyth with regards to removing discontinuing the collection of education taxes DEFEATED 1) International Great Lakes St. Lawrence Mayor' Conference -A04 Received & Filed. m) Recycling Council of Ontario - A01 GEN Received & Filed. n) Ontario Healthy Communities - A01 GEN Received & Filed. 3 o) Tillsonburg Museum &Annandale House - A01 GEN Received & Filed. p) ROMA- A01 ROMA Received & Filed. q) Ontario Video Gaming Corporation - A16 - GEN Received & Filed. 6. Committee Reports a) County No report. b) Museum Advisory Committee No report. c) Community Policing No report. d) Fire Department No report. e) Recreation Advisory Committee No report. f) Events Committee A meeting will be held on Monday, May 6, 1996. 7. 1996 Budget - Questions and Refinements requests by Council - Financial Reporting Previously Circulated April 23, 1996 Council Meeting 4 Motion MOVED BY: Cindy Allin SECONDED BY: Dave Mason The Council of the Village of Port Burwell hereby agrees to reduce the "Promotional" section of the budget by$2,000.00. CARRIED: Tom Nesbitt, Reeve Motion MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor The Council of the Village of Port Burwell hereby agrees to reduce beautification by section of the budget by$1,000.00. Defeated Motion MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor The Council of the Village of Port Burwell hereby agrees to reduce the sidewalks section of the budget by$8,000.00 and remove$5,000.00 from street lights section of the budget and apply both amounts to engineering costs for Waterloo Street. Defeated Motion MOVED BY: Dave Mason SECONDED BY: Jim Hevenor The Council of the Village of Port Burwell hereby agrees to reduce the streetlight section of the budget by$3,000.00 and add this amount to the sidewalk section of 5 the budget. CARRIED: Tom Nesbitt, Reeve 8. County of Elgin - Cooperation in Road Department Operations - Letter dated April 23, 1996 - Received & Filed - Memo D. Free - Received & Filed Reeve Nesbitt directed the Administrator/Clerk-Treasurer to advise County members to keep the village apprised of further developments. 9. County of Elgin - County Road #39 - Letter dated April 23, 1996 in response to Council resolution #960312-08 A letter is to be forwarded to the County stating that the village is not interested in acquiring the southern most portion of County Road #39 at this time. 10. 1996 Dredging Big Otter Creek - Letter Ministry of Natural Resources April 22, 1996 - Received & Filed - Letter Aquafor Beech Consulting Engineers - Received & Filed Resolution #960429- 11 MOVED BY: Gord Loucks SECONDED BY: Dave Mason Whereas the Big Otter Creek requires dredging in order to facilitate harbour activities within the Municipality, and; Whereas the Municipality is desirous to use new cost effective dredging techniques for the Outer and Inner Harbour, and; Whereas the Municipality has negotiated with the environmental agencies the method for monitoring the new dredging technique in accordance with the report to be prepared by Aquafor Beech, and; Whereas there is a limited number of contractors to perform these services. BE IT RESOLVED, the Council of the Village of Port Burwell hereby accepts the price of Dan Minor of$100.00 per hour to plow dredge the Big Otter Creek under the authority and direction of Municipal staff in accordance to environmental 6 regulations. CARRIED: Tom Nesbitt, Reeve 11. Bylaws i) By-Law 96-26 - Being a by-law to provide for local policies with respect to public enquiries - Previously Introduced by Resolution #960423- 07 By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed ii) By-Law 96-04 - Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Brian Budarick of Doane Raymond for Audit Services for the fiscal year of 1996. - Previously Introduced by Resolution #960409-11 By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed iii) By-Law 96-16 - Beinga by-law to regulate Harbours and Wharves and the collection of reasonable harbour user fees within Village of Port Burwell. Resolution #960429-06 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 96-26, being a by-law to regulate Harbours and Wharves and the collection of reasonable harbour user fees within Village of Port Burwell. CARRIED: Tom Nesbitt, Reeve iv) By-Law 96-27 - Being to amend by-Law 91-30 being a bylaw to implement Development Charges in the Village of Port Burwell. Resolution #960429-07 MOVED BY: Jim Hevenor 7 RISE & REPORT Resolution #960429-08 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor Whereas Council has previously adopted a Salary Administration System presented by Personnel Management Associates. BE IT RESOLVED, the Council of the Village of Port Burwell hereby adopts the salary grid up to 50% of the system as previously adopted in 1995 and directs the Administrator/Clerk-Treasurer enact the system in accordance with the Schedule of the memo dated April 26, 1996 with regard to the same. CARRIED: Tom Nesbitt, Reeve 18. Motion to Adjourn - Resolution #960429-04 MOVED BY: Gordon Loucks Approved.: Mj 4, 199 7&"/ r Toresbitt Reeve Davi. P. Free Al,, nistrator/Clerk-Treasurer 10 Village of Port Burwell Minutes Council Meeting May 14, 1996 — 7:00 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Allin Staff: Administrator/Clerk-Treasurer and Deputy Clerk Guests: Brian Budarick - Doane Raymond, Allan Spicer, Mario Chirico &Allan Foster Call Meeting to Order - 7:30pm Declaration of Conflict of Interest - None 1. Adoption of Minutes of Special Council Meeting dated April 29, 1996 Resolution #960514- 01 MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the April 29, 1996 Special Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of special meeting dated April 29, 1996 None. 3. Committee of the Whole Resolution #960514-02 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. 1 CARRIED: Tom Nesbitt, Reeve Resolution #960514-03 MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwellll moves out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 4. Correspondence a) Ministry of the Solicitor General & Correctional Service - A16 MSG - Review of Police Services in Ontario Received & Filed. b) Cordillera Institutes - A0l GEN Received & Filed. c) Booth Newspapers - D06 Received & Filed. d) LPRCA -A16 GEN Received & Filed. e) Request for Food Booth - East Beach - Cliff Thody - Tabled from April 29, 1996 Meeting - Previously Circulated Received & Filed. f) Giffels News Received & Filed. 2 g) Association of Ontario Road Superintendents - A01 - AORS Received & Filed. h) Statistics Canada - 1996 Census -A16 STAT Proclamation WHEREAS Statistics Canada will conduct the Census of Population and the Census of Agriculture on Tuesday, May 14, 1996; and WHEREAS the Village of Port Burwell supports the Census because grants are provided to our village based on a complete enumeration; and WHEREAS census information is vital to support policy analysis and public debate by governments, businesses and institutions for a wide variety of social and economic issues such as immigration, education, training, housing, income support, health and the environment; and WHEREAS the Statistics Act of Canada provides that individual responses on census questionnaires will be kept strictly confidential; and THEREFORE I, Tom Nesbitt, Reeve of the Village of Port Burwell do hereby declare the week of May 12 to 18 as CENSUS WEEK in the Village of Port Burwell and call upon all residents to count themselves in on Tuesday, May 14, 1996. i) SWOTA- A01 SWOT Received & Filed. j) Province of Ontario - Approval of Municipal Bridges & Culverts Received & Filed. 3 k) Ministry of the Solicitor General & Correctional Service - A16 MSG - Line Load Control Program Received & Filed. 1) Association of Municipalities of Ontario -Annual Conference - A01 AMO Received & Filed. m) Ministry of Municipal Affairs & Housing -A16 MMA Received & Filed. n) Honourable Romeo LeBlanc - Nomination for Governor General's Caring Canadian Award - C00 - FEDL Received & Filed. o) Township of Delhi - A16 GEN Received & Filed. p) Pierre Bourque - Mayor, City of Montreal - A16 GEN Received & Filed. q) Siskind, Cromarty, Ivey & Dowler - A01 Received & Filed. r) OMERS - H10 OMERS Received & Filed. s) MMA- Proclamation of Bill 20 -A16 MMA Received & Filed. t) OME - Volunteer Firefighters Accident Coverage - L06 96 Received & Filed. 4 u) AMO -A01AMO Received & Filed. v) Ministry of Municipal Affairs & Housing -A16 MMA Received & Filed. w) Port Burwell Public School - A16 GEN Resolution #960514-15 MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to donate five bicycle helmets to the 4th Annual Bicycle Roadeo to be held at the Port Burwell Public School June 7, 1996. CARRIED: Tom Nesbitt, Reeve 5. Committee Reports a) County Reeve Nesbitt stated that he has been appointed to a committee which has been formed in order to address the large amount of archival information within the County building. b) Museum Advisory Committee Councillor Mason stated that the Museum and Lighthouse will be open May 18, 19 & 20 and that volunteers are needed to provide tours. David James and Ron Bradfield are new members to the Museum Committee. The office cubical in the museum is to be restored. Council was informed that the Toronto Marine Museum is still demanding the return of the model of the Ashtabula. The Historical Society has purchased two bricks through the Buy a Brick Campaign for Market Square. 5 c) Community Policing No report. d) Fire Department No report. e) Recreation Advisory Committee Reeve Nesbitt stated that Mark Thornton of Thornton's Variety has donated two signed Edmonton Oilers hockey jerseys to the Rec Society and that draw tickets will be on sale soon. The Administrator/Clerk-Treasurer stated that perhaps Gordon Craig should be approached with regards to an additional donation from the Toronto Maple Leafs. f) Events Committee Councillor Mason stated that a person is needed to organize the parade for the Civic Holiday Weekend. A re-enactment of the War of 1812 is to take place on Sunday, June 30, 1996, being Canada Day Weekend. g) Municipal Key Indicators i) Financial Reporting - Received & Filed. ii) Taxes Receivable Report - No report - will be on a quarterly basis iii) Lottery Licencing Report - Received & Filed. iv) Building Inspection Report - Received & Filed. v) By-Law Enforcement Report - Received & Filed. vi) Fire Extinguisher Report - Received & Filed. vii) "Buy a Brick Campaign" Report - Received & Filed. viii) Municipal Water Consumption Analysis - Received & Filed. 6 6. Closing of Cower Street - Memo D. Free - Resolution from D. Mason Resolution #960514-06 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor WHEREAS the municipality of Village of Port Burwell is undertaking a drainage and road building program in the area of Addison Street as outlined by Cyril J. Demeyere Limited, and; WHEREAS this program is at considerable expense to the municipality estimated at around $100,000 to complete all of the streets referred to, and; WHEREAS Cowper Street does not have residences on it, and; WHEREAS the residential blocks along Addison street have a short distance between them, and; WHEREAS it should not be an inconvenience for area residents to travel two existing block instead of one in order to reach Chatham Street. BE IT RESOLVED, that the Village of Port Burwell hereby commences the action to close Cowper Street and consequently benefit from the potential sale of two 66' lots as a result. TABLED 7. File Copy of Letter to Township of Bayham Dated March 7, 1996 - Letter to Township of Bayham from Pembina Dated May 6, 1996 - Received & Filed. - Letter to Township of Malahide from Pembina Dated May 6, 1996 - Received & Filed. 8. 1995 Financial Statements Resolution #960514-07 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason 7 WHEREAS Council is in receipt of the audited 1995 financial statement as prepared by Doane, Raymond and; WHEREAS upon review of the financial statements and consultation with Treasurer in regard to all matters pertaining to the financial statements are correct and true. The Council of the Village of Port Burwell hereby adopts the statements as presented and directs the Administrator/Clerk-Treasurer to publicize the documents in accordance to the requirements of the Municipal Act. CARRIED: Tom Nesbitt, Reeve 9. Bylaws - Memo D. Free Dated April 19, 1996 i) By-Law 96-16 - Being a by-law to regulate Harbours and Wharves and the collection of reasonable harbour user fees within Village of Port Burwell. Previously Introduced by Resolution #960429-06 Tabled ii) By-Law 96-28 - Being a by-law to establish capital financing policies. Resolution #960514- 08 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 96-28, being a by-law to establish capital financing policies. CARRIED: Tom Nesbitt, Reeve iii) By-Law 96-29 - Being a by-law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into an Employment Agreement with Donna Lamoure for the purpose of the operation of the Concession Stand at the Baseball Diamond. Resolution #960514-09 MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks 8 BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 96-29, being a by-law to authorize the Reeve and the Administrator/ClerkTreasurer to enter into an Employment Agreement with Donna Lamoure for the purpose of the operation of the Concession Stand at the Baseball Diamond. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed iv) By-Law 96-25 - Being a By-Law to adopt the current estimates and strike the levies and rates of taxation for the year 1996. Resolution #960514-10 MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village o. . ort Burwell hereby agrees to introduce By-Law 96-25, being a By-Law to adopt the current estimates and strike the levies and rates of taxation for the year 1996. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed Resolution #960514-16 MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor WHEREAS the Council of the Village of Port Burwell has previously reduced the expenditures by$2,300.00; and WHEREAS these monies have been placed in the 1996 Roads operating Budget. THEREFORE the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to allocate $2,300.00 from this area to engineering 9 for work to be done on Waterloo Street. Recorded Vote: Councillor Allin Yea Councillor Loucks Yea Councillor Hevenor Yea Councillor Mason Yea CARRIED: Tom Nesbitt, Reeve Resolution #960514-17 MOVED BY: Cindy Allin SECONDED BY: Jim Hevenor Whereas the Council of the Village of Port Burwell is desirous to continue with the Roads Management Study; and WHEREAS to date there has been sidewalks repaired and the sidewalks on Pitt Street need to be removed. BE IT RESOLVED, that the remaining monies in the capital works funds for sidewalks and streetlights be allocated to engineering for drainage and road improvement to be done for Erieus Street north (Robinson Street to Waterloo Street) and all of Waterloo Street. Recorded Vote: Councillor Allin Yea Councillor Loucks Yea Councillor Hevenor Yea Councillor Mason Yea CARRIED: Tom Nesbitt v) By-Law 96-30 - Being a by-law to permit the encroachment of a building located at 12-14 Chatham Street, Village of Port Burwell. Resolution #960514-11 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor 10 BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 96-30, being a by-law to permit the encroachment of a building located at 12-14 Chatham Street, 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 vi) By-Law 96-31 - Being a by-law to authorize the long term borrowing of an amount of money not to exceed $172,534.00 towards the cost of certain capital projects. Resolution #960514-12 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 96-31, being a by-law to authorize the long term borrowing of an amount of money not to exceed $172,534.00 towards the cost of certain capital projects. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and. Finally Passed 10. Review and Approval of Accounts & Cheques Resolution #960514- 05 MOVED BY: Dave Mason 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 $27,808.11, Council pay in the amount of $1,748.41, payroll in the amount of $11,951.89 and the cheques attached in the amount of$2,040.53. CARRIED: Tom Nesbitt, Reeve 11 11. Old Business Memo re: Gordon Craig dated May 3, 1996 - Received & Filed 12. New Business Councillor Mason requested permission for the sign at the corner of the museum property to be moved inside of the museum. Council granted permission for the sign to be relocated. 13. Motion to Adjourn Resolution #960514-04 MOVED BY: Jim Hevenor Approved: May 28, 1996 Tom Nes. tt Reeve David R. 'ree Admi : strator/ClerkTreasurer 12 Village of Port Burwell Minutes Special Council Meeting May 17, 1996 5:00 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor and Councillor Loucks Staff: Administrator/Clerk-Treasurer Regrets: Councillor Allin Call Meeting to Order - 5:OOpm Declaration of Conflict of Interest - None 1. Bylaws - Memo D. Free Dated April 19, 1996 i) By-Law 96-13 - Being a by-law to set water and sewer user rates in the Village of Port Burwell Resolution #960517-01 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 96-13, being a by-law to set water and sewer user rates in 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 2. Motion to Adjourn Resolution #960517-02 MOVED BY: Jim Hevenor 1 Approved: May 28, 1996 .000- Ykaddito/ Tom Ne-,itt Reeve David r'. Free Administrator/Clerk-Treasurer 2 Village of Port Burwell Minutes Council Meeting May 28, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor and Councillor Regrets Councillor Allin Loucks Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Kevin MacPherson, Diane MacPhersoneff Vyse yse Call Meeting to Order Declaration of Conflict of Interest Gordon Loucks - Item 6d 1. Adoption of Minutes of Regular Council Meeting dated May 14, 1996 Resolution #960528- 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 May 14, 1996 Regular Council Meeting as amended. pp CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated May 14, 1996 Councillor Hevenor inquired if there was a response from the letter to Bayham Township with regard to assistance for dredging the Bi Administrator/Clerk-Treasurer identified that no response had bOtter reeenreceived Creek. dThe ate. 3. Adoption of Minutes of Special Council Meeting dated May 17, 1996 Resolution #960528_ 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 May 17, 1996 Special Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated May 17, 1996 None. 5. OCWA- Phylip Utility Resolution #960528- 08 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor WHEREAS the Ontario Clean Water Agency (OCWA) has formally responded to the concerns of the municipality in a letter dated May 28, 1996 with regards to the Municipal Sewage Treatment Plant and Secondary Water System agreements. NOW THEREFORE BE IT RESOLVED THAT upon review of the terms within the said letter Council agrees in principle to the proposal as presented inclusive of both the sewage and water systems and hereby directs the Administrator/Clerk- Treasurer to finally negotiate the terms of an agreement. This proposed agreement is to be reviewed and executed by Council by bylaw. CARRIED: Tom Nesbitt 6. Correspondence a) Royal Canadian Legion Branch 524 -A01 RCL - Request for use of 50% of Nevada Funds for Updating to Fire Code Resolution #960528- 07 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason WHEREAS the Fire Chief of the Village of Port Burwell has found deficiencies with regards to the Fire Code within the interior of the local Royal Canadian Legion Branch 524; and, 2 WHEREAS a building permit must be obtained in compliance with the Building Code; and, WHEREAS the Port Burwell Royal Canadian Legion is in need of monies to complete the necessary renovations within the building. BE IT RESOLVED, 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 used for construction purposes in order for the Legion premises to meet the Fire Code. CARRIED: Tom Nesbitt, Reeve b) City of Nanticoke - A16 GEN - Marine Committee Received & Filed. c) EDCO - A01 EDCO - Summer Meeting June 19 - 21, 1996 Received & Filed. d) Bonnie Reid - Letter Requesting Relief of Sewer Charges A letter is to be forwarded to Mrs. Reid explaining that the request for relief of sewer charges on her current water\sewer billing was denied. e) Village of Port Stanley -A16 GEN - Marine Committee Received & Filed. f) County of Elgin -A16 CTY - County of Elgin Road Service Standards Received & Filed. 3 g) Port Burwell Horticultural Society - A01 HORT - Request for Village to Mail Flyers Reeve Nesbitt and Councillor Hevenor are to attend the May 29, 1996 Horticultural meeting. It was decided that the Village would mail flyers to all village residents with regards to upcoming Horticultural Society events. h) Shirley Manion - Request for Relief of Water/Sewer Billing - 31 Robinson Received & Filed. i) Shirley Manion - 31 Erieus Street Received & Filed. j) Elgin - St. Thomas Health Unit -A16 ESHU Received & Filed. k) Aquafor Beech - LOl OPA2 - Official Plan Goals Received & Filed. 1) MMAH - A16 MMA - Land Use Planning & Protection Act Received & Filed. m) The Daily Sentinel Review-Advertising Space A 1/4 page advertisement for the village is to be placed in the Points of Interest Guide. n) Current Issues for Municipalities - Seminar June 6, 1996 A04 Received & Filed. 4 o) City of Thunder Bay - Cl0 - Request for Resolution of Support - Municipal Insurance Resolution #960528- 09 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks WHEREASthe Province of Ontario has indicated its intention to revise the Municipal Act; AND WHEREAS recent judicial interpretation of the provisions of the Municipal Act and the Occupier's Liability Act has increased the financial burden on municipalities by shifting responsibility for allocating resources away from elected municipal representatives and towards appointed judges; NOW THEREFORE BE IT RESOLVED THATthe Minister of Municipal Affairs be requested to amend the Municipal Act and the Occupier's Liability Act to protect municipalities from unwarranted litigation arising from sewer backups, burst watermains, road maintenance, building inspections, or accidents occurring on municipal property, as requested by the Corporation of the City of Thunder Bay in its risk management submission of 19 December, 1995. CARRIED: Tom Nesbitt, Reeve p) Great Lakes Water Quality Agreement -A16 GEN Received & Filed. q) Kevin MacPherson - Grass Cutting on Empty Lots Within Village Received & Filed. Mr. and Mrs. MacPherson expressed concern with regard to the cutting of grass on vacant lots within the village. r) Elgin - St. Thomas Health Unit - Raccoon Rabies Contingency Plan Received & Filed. 5 s) Corporation of the City of St. Thomas -A16 GEN Received & Filed. t) Municipal Alert - A01 AMO Received & Filed. u) MMAH -A16 MMA- New Planning System Now the Law Received & Filed. v) Recycling Council of Ontario Received & Filed. w) The Premier of Ontario - C00 PROV Received & Filed. x) Worker's Compensation - H04 WCB Received & Filed. 7. Committee Reports a) County Dick Chowen the consultant for the County Restructuring study is setting up meetings with all CAO's and Councils of lower tier municipalities. Port Stanley has approached the County with regard to representation as it applies to the divestiture of the Federal Harbour. The Elgin Tourist Association has secured office space in the County Building. Two staff members will be working out of the County Building until September promoting tourism. b) Museum Advisory Committee Councillor Mason in his attendance at the SWOTA meeting has spoken on behalf of the municipality for a Tourism Student. Reeve 6 Nesbitt added that we have made further inquiries of the SEED Program and that it is hoped that there is good news on the horizon through the assistance of Gar Knutson, MP. Councillor Mason inquired from the Toronto Museum for the permanent acquisition of the Ashtabula model. There are currently negotiations underway to procure the model permanently either through purchase or bartering. c) Community Policing No report. d) Fire Department No report. e) Recreation Advisory Committee Meeting to be held May 29, 1996 7:30 at the Municipal Offices. f) Events Committee Tub Daze meeting June 3, 1996 7:00 pm 8. Letter Dated May 17, 1996 Honourable Chris Hodgson - Minister of Natural Resources - Dredging in Otter Creek Reeve Nesbitt, the Administrator/Clerk-Treasurer and the Environmental Engineering Consultant, Dave Maunder met with the senior policy advisors May 21, 1996 with regard to addressing the long term solutions for dredging of the Port Burwell Inner Harbour. The meeting was positive and concessions were addressed and provided since the meeting. The municipality is embarking upon a monitoring program with regard to Prop washing/Plow dredging to review the effects of the new cost efficient techniques. The monitoring program is to be summarized in the form of a report a circulated to the various agencies. Dredging is to start immediately. 9. Bylaws - Memo D. Free Dated April 19, 1996 i) By-Law 96-16 - Being a by-law to regulate Harbours and Wharves and the collection 7 of reasonable harbour user fees within Village of Port Burwell. Previously Introduced by Resolution #960429-06 Tabled at May 14, 1996 Council Meeting By-Law Read a First and Second Time The bylaw is to be circulated to affected users to provide comment at the June 11, 1996 Regular Council meeting. ii) By-Law 96-28 - Being a by-law to establish capital financing policies. Previously Introduced by Resolution #960514- 08 By-Law Read a First and Second Time By-Law Read a Third.Time and Finally Passed 10. Review and Approval of Accounts & Cheques Resolution #960528 - 06 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the accounts payable as amended in the amount of$20,475.47 and the cheques attached in the amount of$567.83. CARRIED: Tom Nesbitt, Reeve 11. Old Business None. 12. New Business None. 13. Motion to Adjourn Resolution #960528-05 MOVED BY: Gordon Loucks 8 Approved.: June 11, 1996 E /� Tom Nesbi Reeve Davi R. Free Administrator/ erk-Treasurer 9 Village of Port Burwell Minutes Council Meeting June 11, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor and Councillor Loucks Regrets Councillor Alin Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Gordon Craig, Ron Bradfield, Larry Martin, Michael Gary, John Warren, Jim Reynolds, Wayne Tribe and Constable Biro (Community Policing) Call Meeting to Order 7:30 pm Declaration of Conflict of Interest None 1. Adoption of Minutes of Regular Council Meeting dated May 28, 1996 Resolution #960611- 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 May 28, 1996 Regular Council Meeting as amended. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated May 28, 1996 Councillor Loucks inquired as to the status of the arrangement with Jeff Vyse and the grass cutting of the properties which are in violation of the Property Standards Bylaw. The Administrator/Clerk-Treasurer identified that the relationship is currently informal and executed on an as need basis. Reeve Nesbitt identified that there are problems which need to be addressed. 1 Village of Port Burwell Minutes Council Meeting June 11, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Allin, Councillor Hevenor and Councillor Loucks Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Gordon Craig, Ron Bradfield, Larry Martin, Michael Gary, John Warren, Jim Reynolds, Wayne Tribe and Constable Biro (Community Policing) Call Meeting to Order 7:30 pm Declaration of Conflict of Interest None 1. Adoption of Minutes of Regular Council Meeting dated May 28, 1996 Resolution #960611- 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 May 28, 1996 Regular Council Meeting as amended. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated May 28, 1996 Councillor Loucks inquired as to the status of the arrangement with Jeff Vyse and the grass cutting of the properties which are in violation of the Property Standards Bylaw. The Administrator/Clerk-Treasurer identified that the relationship is currently informal and executed on an as need basis. Reeve Nesbitt identified that there are problems which need to be addressed. 1 3. Delegation Gordon Craig - Letter Dated June 7, 1996 Gordon Craig identified that he did not receive a copy of Bylaw 96-16. Mr. Craig reflected on his experience and knowledge of the Big Otter Creek including seasonal dredging. Mr. Craig praised the past efforts of Commercial Fishermen with regard to their independent prop washing efforts. He expressed concern that he was not circulated by mail Bylaw 96-16. Reeve Nesbitt identified that the bylaw was circulated to those who were directly and financially affected by the bylaw. Michael Gary of the Big Otter Marina identified that he has dredged in the vicinity of his marina which has been expensive. He expressed that the users of his marina can not afford a share of the proposed user fee. He also identified vandalism has been costly and there has been no resolution to this problem. Councillor Hevenor asked the assembled if dredging was necessary. A general response was that dredging was not required. Reeve Nesbitt provided background information on the dredging activities for 1996 and expressed that the bylaw would not be passed at this meeting. Mr. Craig asked Reeve Nesbitt if the bylaw would be passed if a delegation had been present. Reeve Nesbitt identified that the bylaw would not have been passed. Councillor Loucks identified however that the bylaw would have been passed if there was no concern from the local users of the harbour. Councillor Mason suggested that the bylaw should have been circulated to Mr. Craig and apologized for the oversight of Council. Reeve Nesbitt identified that there has been a significant effort by Port Burwell staff towards a intermunicipal solution for all harbours on Lake Erie. There will be a consultation process to commence with regard to this issue. 4. Correspondence a) Ontario March of Dimes - Break Open Tickets - Big Otter Marina PO9 GEN Received & Filed. 2 b) Pembina - 1996 Pipe Pulling from Port Burwell Dock Received & Filed. c) City of Timmins - Flood Disaster Fund Received & Filed. d) LPRCA Programs & Services - A16 LPRCA Received & Filed. e) Cowan News Received & Filed. f) Gaming Control Commission - A16 GCC - Post of Winning Break Open Tickets Received & Filed. g) MEDTT - A16 MEDTT Received & Filed. h) Canada Post - Flight for Freedom Awards Received & Filed. i) Cyril J. Demeyere Ltd. - Letter to J. Franze Concrete re: sidewalks Received & Filed. j) MOEE letter dated May 31, 1996 - Experimental Dredging Received & Filed. k) MMAH - A16 MMAH Received & Filed. 3 1) R. Huntley - Letter dated May 30, 1996 re: sewer billing - Memo E. Roloson dated May 14, 1996 - Received & Filed. Mr. Huntley appeared before Council to ask if they believed the water/sewer bylaw to be fair considering that he had to pay two charges even though there was only one washroom facility the commercial building. The washroom is located in the residential portion of building. He also requested under what authority does the municipality have to bill. Reeve Nesbitt identified that the that the Municipal Act is the authority and that the water/sewer billing is generated from the assessment roll. The reason for no billing for prior years for his commercial portion of his building was the result of an oversight by staff. Mr. Huntley wanted a copy of the bylaw which requires the connection to the water and sewer system and permits the charging for the same. Mr. Huntley was also concerned for penalty charges with respect to the June 1996 billing. Reeve Nesbitt identified that the 1986 bylaw would be forwarded and the penalty would be waived for this time only. m) AMO Received & Filed. 5. Committee Reports a) County Reeve Nesbitt reported that Port Burwell was unsuccessful in obtaining a donation from the County of Elgin for the Buy a Brick Campaign. b) Museum Advisory Committee A Tourism student has been approved and will be paid for by the South Western Ontario Travel Association. This student will be providing tourist information from the Lighthouse. c) Community Policing Constable Biro introduced herself and expressed her history in the 4 Port Burwell area and requested cooperation from all Council and Staff. Constable Biro also has pledged her full support in community policing matters. d) Fire Department No report. e) Recreation Advisory Committee The next meetings are scheduled for June 12, 1996 and June 18, 1996. f) Events Committee Council reviewed a report concerning Canada Day which was prepared by summer Museum/Recreation staff person James Peterson. g) Municipal Key Indicators i) Lottery Licencing Report - Received & Filed. ii) "Buy a Brick Campaign" Report - Received & Filed. iii) By-Law Enforcement Report - Received & Filed. iv) Fire Extinguisher Report - Received & Filed. v) Building Inspection Report - Received & Filed. vi) Municipal Water Consumption Analysis - Received & Filed. 6. County of Elgin - Memo Dated May 29, 1996 - By-Law 96-20 - Fees to be Charged for Processing Land Severance Applications - By-Law Available for Review Within Offices - Received & Filed 7. Bylaws - Memo D. Free Dated April 19, 1996 5 i) By-Law 96-16 - Being a by-law to regulate Harbours and Wharves and the collection of reasonable harbour user fees within Village of Port Burwell. Previously Circulated & Introduced by Resolution #960429-06 By-Law Read a First & Second Time May 28, 1996 Council Meeting Tabled. iii) By-Law 96-32 - Being a By-Law to Stop up and Close a Travelled Road, Part 3 of Registered Plan 11R-6238. Resolution #960611- 06 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 96-32, being a By-Law to Stop up and Close a Travelled Road, Part 3 of Registered Plan 11R-6238. The Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to comply with the Municipal Act R.S.O. 1990, c.M.45, s. 300. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time 8. Review and Approval of Accounts & Cheques Resolution #960611- 05 MOVED BY: Dave Mason 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 $99,096.70, Council pay in the amount of $1,118.25, Fireman's pay in the amount of $1,965.00, payroll in the amount of$18,247.13 and the cheques attached in the amount of$778.72. CARRIED: Tom Nesbitt, Reeve 9. Old Business 6 None. 10. New Business Councillor Loucks requested the light to be repaired in Front of the West Side Cafe. The Administrator/Clerk-Treasurer identified that an electrician is scheduled to repair the light in the immediate future. Councillor Mason inquired if staff could assist with future engineering projects. Council suggested that this is an opportunity to utilize internal expertise and the issue will be investigated by the Administrator/Clerk-Treasurer. Councillor Mason inquired about the Library staff watering the flowers in front of the office. Reeve Nesbitt identified that Library staff are under the authority of the County and the it was not within our authority to demand the service. Councillor Hevenor inquired with regard to the unkept condition of the Public Works Yard. The Administrator/Clerk-Treasurer identified that this issue has been addressed with staff and that the yard will be cleaned up in the immediate future. 11. Committee of the Whole Resolution #960611-02 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 #960611-03 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. 7 CARRIED: Tom Nesbitt, Reeve 12. Motion to Adjourn Resolution #960611-04 MOVED BY: Cindy Allin Approved: June 2 , 1996 Tom 'i esbitt Reeve David). Free Admi istrator/Clerk-Treasurer 8 Village of Port Burwell Minutes Council Meeting June 25, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Allin, Councillor Hevenor and Councillor Loucks Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Gordon Craig, Don Prendergast, Jeff Vyse, William Utting, George Utting and Shelley Utting Call Meeting to Order Declaration of Conflict of Interest 1. Adoption of Minutes of Regular Council Meeting dated June 11, 1996 Resolution #960625- 01 MOVED BY: Cindy Allin SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the June 11, 1996 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated June 11, 1996 None. 3. Delegations a) Gordon Craig - Letter Dated June 19, 1996 Mr. Craig addressed Council with respect to drainage along the rear lots of the properties along the West Side of Robinson Street. Mr. Craig identified that some work has already been completed. Council identified that coordination and consent is required with regard to adjacent property owners with respect to any proposed drainage works. 1 The Administrator/Clerk-Treasurer identified that other Provincial agencies and the Conservation Authority should be circulated in accordance with the Environmental Legislation and Regulations. Mr. Craig protested the circulation suggesting that involving other agencies would complicate matters. Reeve Nesbitt suggested that other property owners should be circulated before any future drainage works would continue. Mr. Craig requested a detailed summary of the 1996 Harbour Budget previously provided by the Administrator/Clerk-Treasurer. The Administrator/Clerk-Treasurer identified that the information had been updated since originally provided at the June 11, 1996. Budget line item information was provided to Mr. Craig from the Administrator/Clerk- Treasurer through Council. b) Mr. &Mrs Utting Councillor Allin introduced Mr. &Mrs Utting appeared before Council with respect to sidewalk and grass cutting concerns. Pictures were provided for Council to review. Reeve Nesbitt identified that staff will review their issue for a possible resolution. The Administrator/Clerk-Treasurer identified that he would visit the site within the week to determine possible resolution to the issues as presented. c) Administrator/Clerk-Treasurer - Diploma Public Administration - Memo Dated June 20, 1996 Received & Filed 4. Correspondence a) Rick Copland - Request for location for hotdog cart - C13 Council refused the application. b) OME Limited Received & Filed. 2 c) Port Burwell Public School -A01 GEN Received & Filed. d) YWCA- 94th Annual Meeting -A01 GEN Received & Filed. e) County of Elgin - County Road #39 and Adjacent Properties - A16 CTY Received & Filed. f) Green Lane Letter Received & Filed. g) County of Elgin - Cooperation in Road Department Operations - A16 CTY Received & Filed. h) AECL Concept Review Received & Filed. i) Ministry of Education &Training -A16 Received & Filed. j) OCWA- Port Burwell Tower Inspection -A16 OCWA Received & Filed. k) Township of South Dumfries - A16 GEN Received & Filed. 5. Committee Reports a) County Reeve Nesbitt identified that during the months of July and August County 3 Council meetings will be held at the call of the Warden. b) Museum Advisory Committee Memo Councillor Mason - Maintenance/Preservation of the Lighthouse dated June 20, 1996 - Received & Filed c) Community Policing No Report. d) Fire Department No Report. e) Recreation Advisory Committee No Report. f) Events Committee Canada Report #2 - Received & Filed g) Municipal Key Indicators i) Financial Reporting - Received & Filed 6. Summer Meeting Schedule Resolution #960625-05 MOVED BY: Dave Mason SECONDED BY: Cindy Allin The Council of the Village of Port Burwell hereby agrees to cancel all Regular Council Meetings scheduled for the months of July and August, 1996 and shall convene only as deemed necessary. DEFEATED 4 7. Bylaws - Memo D. Free Dated April 19, 1996 i) By-Law 96-33 - Being a by-law to amend By-Law 95-21 being a bylaw under the Building Code Act, 1992 respecting permits and related matters Resolution #960625-08 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 96-33, being a by-law to amend By-Law 95-21 being a bylaw under the Building Code Act, 1992 respecting permits and related matters. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed ii) By-Law 96-34 - Being a By-Law to authorize the municipality to enter into a lease agreement with Pembina Exploration Limited. - Letter from Pembina dated May 23, 1996 Resolution #960625-07 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 96-34, being a By-Law to authorize the municipality to enter into a lease agreement with Pembina Exploration Limited. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and. Second Time By-Law Read a Third.Time and Finally Passed iii) By-Law 96-16 - Being a by-law to regulate Harbours and Wharves and the collection of reasonable harbour user fees within Village of Port Burwell. Previously Circulated & Introduced by Resolution #960429-06 By-Law Read a First & Second Time May 28, 1996 Council Meeting 5 Tabled. iv) By-Law 96-35 - Being a By-law to amend By-law 96-04 being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Brian Budarick of Doane Raymond for Audit Services for the fiscal year of 1996. Resolution #960625-11 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 96-35, being a By-law to amend By-law 96-04 being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Brian Budarick of Doane Raymond for Audit Services for the fiscal year of 1996. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second.Time By-Law Read a Third.Time and Finally Passed 8. Memo from D. Free Dated June 18, 1996 Re: 21 Brock Street - Letter from Donald Prendergast dated June 14, 1996 Mr. Prendergast appeared before Council representing Elgin Aylmer Development with respect to amendments to 21 Brock Street and the conditionally approved severance of the adjacent property. Mr. Prendergast suggested the repeal of the Part Lot Control Bylaw at which time the adjacent property would then be merged with the original parcels. Mr. Prendergast provided a step by step illustration for the benefit of the process required in order to complete the requirements of his clients. Councillor Allin requested clarification with respect to the process from the Administrator/Clerk-Treasurer and Mr. Prendergast. The Administrator/Clerk- Treasurer explained that the request is complicated. It was further explained that an application fee must be provided in order that the Municipal solicitor and planner can review the application for compliance to local bylaws, Planning Act and Registry Act. 6 9. Small Craft Harbours - Letter dated June 11, 1996 - Execution of Government of Canada Short Form Contract re: dredging Resolution #960625-09 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor WHEREAS the it is necessary to dredge the Port Burwell harbour in order to maintain the maritime within the municipality, and; WHEREAS the municipality has sought and gained the environmental approvals for new and experimental dredging technologies in order to reduce the cost of the maintenance operations, and; WHEREAS various Provincial Ministries required significant environmental monitoring and a formal report on the effects of plow dredging within the Port Burwell harbour at a cost exceeding $22,000, and, WHEREAS there are limited contractors who are capable of the plough method of dredging within the Lake Erie Basin. NOW THEREFORE BE IT RESOLVED THAT the Council of the Village of Port Burwell hereby accepts the unit tender price of Dan Minor & Sons Inc. in accordance to the letter dated January 18, 1996. CARRIED: Tom Nesbitt, Reeve Resolution #960625-10 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason WHEREAS the it is necessary to dredge the Port Burwell harbour in order to maintain the maritime within the municipality, and; WHEREAS application has been made to the Department of Fisheries and Oceans, Small Craft Harbour in regard to funding for the maintenance dredging and ensuing environmental monitoring 7 NOW THEREFORE BE IT RESOLVED THAT the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to execute the Government of Canada Short Form Contract as presented by the Department of Fisheries & Oceans in a letter dated June 11, 1996. CARRIED: Tom Nesbitt, Reeve 10. Eastern Lake Erie Fishermen's Association - Letter dated June 10, 1996 - Proposed return letter from D. Free dated June 17, 1996 Council directed that the letter as presented is to be forwarded to the Eastern Lake Erie Fishermen's Association. 11. James Ross - Letter dated June 14, 1996 - Memo D. Free dated June 17, 1996 Council identified that they had no position in the matter of the recently erected stairs by Mr. James. The Building Inspector will have the stairs removed in accordance with the Building Code. 12. Review and Approval of Accounts & Cheques Resolution #960625- 06 MOVED BY: Jim Hevenor SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the accounts payable as amended in the amount of$75,225.81 and the cheques attached in the amount of$345.00. CARRIED: Tom Nesbitt, Reeve 13. Old Business Councillor Loucks expressed his concern for the drainage problems on the property of Ed Croxford. The Administrator/Clerk-Treasurer identified that he had visited the site with the Building Inspector to review the problem in detail. It was identified that the drainage issues are a combination of improper grading of the site and the lack of drainage system. 8 The Administrator/Clerk-Treasurer also identified that Waterloo Street is the next road to be reconstructed which will include addressing drainage problems considering the 1996 Capital Program and the Roads program. 14. New Business Councillor Mason requested again that the County of Elgin erect a sign at the intersection of Highway #19 (Robinson Street) and County Road #42 (Wellington Street) in order to direct vehicle travellers to the continuation of County Road #42 from the County Road #42 Bridge. The Administrator/Clerk-Treasurer identified that this request was previously addressed with the County Engineer both formally and informally and nothing has been done to date. The matter will be raised again with the County Engineer. Councillor Mason expressed concern with regard to vehicle access to the Memorial Park lands. Councillor Mason requested that a chain be placed from post to post in order to impede vehicle access from the Strachan Street location. The Administrator/Clerk-Treasurer identified that he would review the situation towards a cost effective solution. Resolution #960625-12 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby declares that there is no objection to the proposed Special Occasion Permit for Tub Daze festivities to be held August 2, 3 &4, 1996. CARRIED: Tom Nesbitt, Reeve 15. Motion to Adjourn Resolution #960625-04 MOVED BY: Jim Hevenor 9 Approved: July 9, 1996 //4 Tom Nesbit Reeve A- David Administor/Clerk-Treasurer 10 Village of Port Burwell Minutes Council Meeting July 9, 1996 6:00 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Allin, Councillor Hevenor and Councillor Loucks Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Dick Chowen Call Meeting to Order at 6:15 pm Declaration of Conflict of Interest Councillor Allin and Councillor Hevenor Item #7 1. Adoption of Minutes of Regular Council Meeting dated June 25, 1996 Resolution #960709- 01 MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the June 25, 1996 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated June 25, 1996 None. 3. Delegations Dick Chowen - Letter dated May 27, 1996 - County/City Re-Engineering Study Received & Filed Mr. Chowen introduced himself and identified that the purpose of his attendance was clearly outlined in his letter dated May 27, 1996. Mr. Chowen also identified that the topics available for discussion with Council were not restricted to those listed as 1 it applies to the Elgin County Restructuring Study per the said letter. Reeve Nesbitt welcomed Mr. Chowen and requested that each Councillor respond individually to Mr. Chowen with respect to the Elgin County Restructuring Study issues. Councillor Mason cited articles from the Municipal World Magazine from experts in the field of local government of which generally questioned the viability of municipal amalgamations. Councillor Mason compared Port Burwell to a city offering a similar scope of services. Councillor Mason also identified that Resolution 960326-15 articulated the position of Port Burwell Council in the matter of local government rationalization. Councillor Mason suggested that the area of "community interest" should not be restricted by boundaries drafted in the middle of the 19th century and instead if restructuring was inevitable the boundaries should seek areas outside of Elgin County of which includes Tillsonburg. To this end it was suggested that Port Burwell would be better served by a government to including Tillsonburg and excluding Elgin County since the community was to the extreme easterly section of the County. Councillor Hevenor echoed the sentiments of Councillor Mason suggesting a Tillsonburg, Port Burwell, Vienna, Norfolk Township and Bayham Township restructuring. The Tillsonburg hospital serves the Port Burwell area and therefore should receive credit for the area it actually services. Councillor Allin agreed with Councillors Mason and Hevenor citing the lack of environmental servicing for the surrounding communities as a problem which has not been addressed. Port Burwell has had the foresight to obtain the e servicing at a significant cost to the residents and other communities have not had this foresight. Councillor Allin also referred to articles by Michael Smithers of Municipal World which criticized the Provincial and local government movements for cost savings through amalgamations. Councillor Allin suggested that a larger municipality will lose the accountability to the citizens. Councillor Loucks suggested to Mr. Chowen that there is no advantage to Port Burwell amalgamating with other communities, in fact there were several disadvantages. Councillor Loucks suggested that Port Burwell has been a leader and that Bayham, Mallahide, Vienna do not have anything to "bring the table". The biggest concern is that less resources (infrastructure and recreation money) will be expended on Port Burwell if there was any restructuring. Reeve Nesbitt suggested that there has been little satisfaction between the east and west Elgin County with respect to the performance of the County. Progress has been 2 made lately however, it could be too little too late. Reeve Nesbitt wanted the study to show what Port Burwell could save and that the exercise would be a waste of money if it did not. He also asked why the local expert Michael Smithers was not consulted when he has been used for other issues. Reeve Nesbitt rhetorically suggested that the reason Smithers was not considered was because the County did not like the answer they would receive. He also suggested that if there were three municipalities then he would "push hard" for the total removal of the County from the system. Reeve Nesbitt however, suggested that if there was any possible restructuring scenarios those municipalities currently within Elgin County Aylmer, Mallahide, Bayham, Port Burwell, South Dorchester and Springfield would be a significant and preferable solution. In summary Reeve Nesbitt thanked Mr. Chowen for his patience and attendance to the Council meeting and extended best wishes on behalf of Council in the exercise. 4. Correspondence a) LPRCA- Full Authority Minutes - A16 LPRCA Received & Filed. b) Ontario Municipal Water Association - Newsletter - A01 OMWA Received & Filed. c) the Waterline - A16 OCWA Received & Filed. d) Association of Municipalities of Ontario -Annual Conference A01 AMO Received & Filed. e) Elgin County Pioneer Museum Received & Filed. 3 f) Ministry of Municipal Affairs & Housing - New Tenant Protection Act - A16 MMA Received & Filed. g) Ministry of Community & Social Services - Workfare - A16 MCSS Received & Filed. 5. Committee Reports a) County A Community Services meeting is to be held on July 10, 1996. b) Museum Advisory Committee The Museum attendance for May and June was 1,276 this was an increase of 447 over 1995. c) Community Policing No Report. d) Fire Department No Report. e) Recreation Advisory Committee A meeting is to be held July 10, 1996 with regard to Tub Daze. f) Events Committee Resolution #960709- 08 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 July 8, 1996 Events Committee 4 Meeting. CARRIED: Tom Nesbitt, Reeve Resolution #960709- 09 MOVED BY: Gordon Loucks SECONDED BY: Cindy Allin BE IT RESOLVED, the Council of the Village of Port Burwell hereby appoints David Bates as a member of the Events Committee. CARRIED: Tom Nesbitt, Reeve g) Municipal Key Indicators i) Lottery Licencing Report - Received & Filed. ii) "Buy a Brick Campaign" Report - Received & Filed. iii) By-Law Enforcement Report - Received & Filed. iv) Fire Extinguisher Report - Received & Filed. v) Building Inspection Report - Received & Filed. vi) Municipal Water Consumption Analysis - Received & Filed. 6. Bylaws - Memo D. Free Dated April 19, 1996 i) By-Law 96-36 - Being a By-Law to authorize the borrowing of money to meet current expenditures. Resolution #960709-06 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 96-36, a By-law authorizing the borrowing of money to meet 5 current expenditures of the Council of 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) By-Law 96-37 - Being a by-law authorizing the Corporation of the Village of Port Burwell to enter into an agreement in the form annexed as Schedule "A" with the Ontario Clean Water Agency ("OCWA") with respect to the operation of and maintenance of the wastewater facilities and collection system located in the Village of Port Burwell. Resolution #960709-07 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 96-37, being a by-law authorizing the Corporation of the Village of Port Burwell to enter into an agreement in the form annexed as Schedule "A"with the Ontario Clean Water Agency ("OCWA") with respect to the operation of and maintenance of the wastewater facilities and collection system located in 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 iii) By-Law 96-16 - Being a by-law to regulate Harbours and Wharves and the collection of reasonable harbour user fees within Village of Port Burwell. - Previously Circulated & Introduced by Resolution #960429-06 - By-Law Read a First & Second Time May 28, 1996 Regular Council Meeting - By-Law previously Tabled June 9, 1996 &June 25, 1996 - By-Law Tabled until September 10, 1996 7. Review and Approval of Accounts & Cheques Resolution #960709- 05 6 MOVED BY: Gordon Loucks SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the accounts payable as amended in the amount of$27,378.84, the cheques attached in the amount of $10,582.30, Council pay $950.25 and payroll in the amount of $15,654.70. CARRIED: Tom Nesbitt, Reeve 8. Old Business - Draft letter to Port Burwell Boaters dated February 8, 1996 - Tabled at February 13, 1996 Regular Council Meeting - Memo D. Free dated July 5, 1996 Resolution #960709-12 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor WHEREAS the Municipal Act, RSO, 1990 c. M45, s 102 as amended gives powers to every council to pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law, and; WHEREAS Corporation of the Village of Port Burwell has executed an Agreement by bylaw 95-60 with Aylmer Stone Works for the purpose of the construction of the Port Burwell Market Square Sports Park, and; WHEREAS concern and dissatisfaction has been expressed with respect to the works as performed by the contractor with respect to the terms of the agreement. BE IT RESOLVED that the Council of the Village of Port Burwell with the advice of the consulting Landscape Architect hereby executes it right of termination under section 5.0 of the agreement between Aylmer Stone Works and the Corporation of the Village of Port Burwell. Correcting and remedial work on the site including completion of the project is to be undertaken immediately in under advisement with the Landscape Architect, IMC. 7 CARRIED: Tom Nesbitt, Reeve Resolution #960709-12 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks WHEREAS the municipality has dedicated several hours to resolve property ownership within the municipal boundary. BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to execute Document General and Statutory Declaration for properties as follows; 1. Part of Lot 11, Concession 1, Geographic Township of Bayham, now in the Village of Port Burwell, County of Elgin and more particularly described as Parts 1 and 3, Plan 11R- 6029. 2. Part of Lot 11, Concession 1, Geographic Township of Bayham, now in the Village of Port Burwell and part of Chatham Street, Register Plan 12, Village of Port Burwell, County of Elgin and more particularly described as Parts 6, 7, and 8, Plan 11R-6029. 3. Part of Lot 11, Concession 1, Geographic Township of Bayham, now in the Village of Port Burwell in the County of Elgin and more particularly described as Parts 2, Plan 11R- 6029. CARRIED: Tom Nesbitt, Reeve 9. New Business Resolution #960709-13 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor WHEREAS the Port Burwell Sewage Treatment Plant requires the replacement of 8 the Comminutor considering 8 years of continuous service, and; WHEREAS the repair of the existing equipment is not feasible. BE IT RESOLVED that the Councilof the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to withdraw a maximum of $15,000 from the Sewage Treatment Plant Capital equipment replacement reserve forthwith in order to replace the equipment. CARRIED: Tom Nesbitt, Reeve Resolution #960709-14 MOVED BY: Gord Loucks SECONDED BY: Cindy Allin WHEREAS the Civic Weekend and Tub Daze is important to the tourism economic development within the Village of Port Burwell. AND WHEREAS for Tub Daze 1996 there is to be a display of antique tractors in the Village. AND WHEREAS these antique tractors represent major financial investments to their owners and consequently it is their desire to camp close by the display area for security reasons. BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to allow overnight camping on the east river flats for the participants of the tractor show for the nights of August 3rd and 4th only providing that their camping units are completely self-contained. CARRIED: Tom Nesbitt, Reeve 10. Motion to Adjourn Resolution #960709-04 MOVED BY: Cindy Allin 9 Approved: August 13, 1996 Tom Nesbitt Reeve David R. Fr Administx.for/Clerk-Treasurer 10 Village of Port Burwell Minutes Special Council Meeting July 25, 1996 6:00 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Allin, Councillor Hevenor and Councillor Loucks Staff: Administrator/Clerk-Treasurer Call Meeting to Order Declaration of Conflict of Interest 1. Committee of the Whole Resolution #960725-02 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 #960725-03 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Tom Nesbitt Rise 1 Report Resolution #960725-01 1 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED that the Corporation of the Village of Port Burwell is willing to consider exploring a new municipal structure based on social and economic communities of interest which will meet current provincial initiatives together with the Township of Bayham, Village of Vienna and the Town of Tillsonburg. CARRIED: Tom Nesbitt, Reeve Resolution #960725-05 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor The Council of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk-Treasurer to sign the Release Agreement between the Village of Port Burwell and 947435 Ontario Incorporated as attached. CARRIED: Tom Nesbitt, Reeve 2. Motion to Adjourn Resolution #960725-04 MOVED BY: Gordon Loucks Approved: Augu , 1996 To esbitt eeve David IEree Administrator/Clerk-Treasurer L 2 Village of Port Burwell Minutes Council Meeting August 13, 1996 7:30 p.m. Present: Councillor Mason, Councillor Allin, Councillor Hevenor and Councillor Loucks Staff: Administrator/Clerk-Treasurer Regrets: Reeve Nesbitt Guests: Harry Cookson, Marg Cookson, Mickey Neale and Alan Spicer Call Meeting to Order at 7:30 pm Appointment of Acting Reeve Resolution #960813-07 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby appoints Cindy Allin as Acting Reeve for the August 13, 1996 Regular Council Meeting. CARRIED: Cindy Allin, Acting Reeve Declaration of Conflict of Interest Councillor Allin item #8 1. Adoption of Minutes of Regular Council Meeting dated July 9 1996 Resolution #960813- 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 July 9, 1996 Regular Council Meeting. CARRIED: Cindy Allin, Acting Reeve 1 2. Business arising from Minutes of meeting dated July 9, 1996 Councillor Mason inquired of the Administrator/Clerk-Treasurer as to the status of the final repair work on the Market Square activity court. The Administrator/Clerk- Treasurer identified that the work will likely commence in either September or October, 1996. Councillor Allin inquired of the Administrator/Clerk-Treasurer if donations had been received from the harbour users pursuant to Bylaw 96-16. The Administrator/Clerk- Treasurer identified that donations had not been received from Gordon Craig with respect to the "harbour user fee" issue. 3. Hagerman Street Road Closure - By-Law 96-32 - Being a By-Law to Stop up and Close a Travelled Road, Part 3 of Registered Plan 11R-6238. Acting Reeve Cindy Allin inquired if anyone present would like to speak for or against the proposed road closure as advertised. Mr. Harry Cookson identified that he had concerns as follows; a. The legal ability of the municipality to sell the property considering that the lands were given by his grandfather Mr. Harry Ship. Acting Reeve Cindy Allin requested that the Administrator/Clerk-Treasurer address this matter directly. The Administrator/Clerk-Treasurer identified that this issue was raised in 1991 with respect to the proposed water front development. Legal Counsel was sought in the matter which revealed that there was no convenent or other binding agreement attached to the property which would prevent the municipality from selling the lands. b. Pedestrian access to the east beach was questioned if the road was to be closed access is deemed to be a concern. Councillor Mason identified that access would be available to the East Beach by either Robinson, Strachan, or Erieus Streets. Although Erieus Street is not developed this is an issue Council would consider in any future development proposal of the Memorial Park Lands. c. Existing drainage systems along the road allowance may have to be addressed 2 in the closing and possible sale of the land. Acting Reeve, Cindy Allin addressed this issue by identifying that Council has petitioned a Municipal Drain in this area and conduit along this road and the outlet would be fully addressed at that time. d. Does the municipality financially need to sell the land and the road allowance in order to balance its books for the 1996 fiscal year. Acting Reeve, conferred with the Administrator/Clerk-Treasurer confirming that the sale of the lands are not required in order to balance its books for the 1996 fiscal year. Mr. Cookson identified that he was satisfied with the response from Council and had no other concerns. Acting Reeve Cindy Allin inquired a second time if anyone present would like to speak for or against the proposed road closure as advertised. Acting Reeve Cindy Allin inquired a third and final time if anyone present would like to speak for or against the proposed road closure as advertised. 4. Correspondence a) OMERS -Annual Report Received & Filed b) The Arthritis Society - Request for Declaration -A01 GEN Resolution #960813-11 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks Whereas Arthritis is the #1 Chronic Disease in Canada, effecting the lives of more than 4 million Canadians, 186 of those being from Village of Port Burwell And whereas the London and Area Branches of the Arthritis Society through its many volunteers has conducted an Annual Appeal 3 Campaign in our region for 50 years; And Whereas the London and Area Arthritis Society within in the Canadian Arthritis Society is Canada's only not for profit organization devoted solely to funding and promoting arthritis research, patient care, public education and advocacy; And whereas the London office of the Arthritis Society provides London and Area with occupational therapy, physiotherapy and social services to children and adults with Arthritis; Therefore I, Cindy Allin,Acting Reeve of the Village of Port Burwell, do hereby proclaim the month of September, 1996 hritis Awareness Month in Village of Port Burwell and he hereby salute the London and Area Branches and Volunteers for their continuing efforts in providing their services. I encourage all citizens to join me in support of this most worthy cause. CARRIED: Cindy Alin, Acting Reeve c) Association of Conservation Authorities of Ontario - Conference - A04 Received & Filed d) Town of Aylmer -A16 AYLM Resolution #96081342 MOVED BY: Gordon Loucks SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby endorses the resolution dated July 24, 1996 passed by the Town of Aylmer with regards to the request to the Ministry of Health to designate the Town of Aylmer and surrounding area as under serviced with respect to physicians. CARRIED: Cindy Allin, Acting Reeve 4 e) Scouts of Canada - Request for Pins - M03 Council directed the Administrator/Clerk-Treasurer to return a letter that identifies pins and stickers would be available to the organization in 1997. f) Re-Election of AMO President - A01 AMO Received & Filed g) Amtelecom - Rate Increase on Distance Sensitive Channels - FO1 AMTEL Received & Filed h) 1996 National Student Culinary Team - Request for Donation - C13 Received & Filed i) Ministry of the Solicitor General & Correctional Services - A16 MSG Received & Filed j) Aylmer Police Services Board Meeting Received & Filed k) Ministry of Education & Training - A16 MEDT Received & Filed 1) City of London - Request for Letter of Support - A16 GEN Received & Filed in) Worker's Compensation - News &Views - H04 Received & Filed n) Holman Insurance Brokers Ltd. Received & Filed 5 o) Amtelecom Inc. - Letter re: Buy A Brick - M03 Received & Filed p) Canadian Soft Drink Association - A01 GEN Received & Filed q) Ministry of Citizenship, Culture & Recreation -A16 MCCR Received & Filed r) Ministry of Solicitor General & Correctional Service -A16 MSG Received & Filed s) St. Thomas Elgin Tourist Association - AO1 ETA Received & Filed t) CMHC - Home Adaptions for Seniors' Independence - Al6 CMHC Received & Filed u) Ministry of Community & Social Services -A16 MCSS Received & Filed v) Take Our Kids to Work Received & Filed w) OPSEU -A16 GEN Received & Filed x) CNIB - 1997 Lottery Calendar Received & Filed 6 y) Summer Active - A01 GEN Received & Filed z) Vic Navickas - M04 Received & Filed 5. Committee Reports a) County No Report. b) Museum Advisory Committee No Report. c) Community Policing No Report. d) Fire Department No Report. e) Recreation Advisory Committee Councillor Loucks identified that Tub Daze was a success however, there has been no report on the financial status. f) Events Committee Councillor Mason identified that Tub Daze was a success and planning for 1997 has commenced. Councillor Hevenor identified that the Big Otter Canoe race was a success with only 11 entries.Appreciation is extended to Bradcranex and Keith Underhill for their cooperation. 7 6. Bylaws - Memo D. Free Dated April 19, 1996 i) By-Law 96-38 - Being a Bylaw to renumber certain By-laws in order to avoid numerical duplication. Resolution #960709-06 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 96-38, being a Bylaw to renumber certain By-laws in order to avoid numerical duplication. CARRIED: Cindy ARM, Acting Reeve By-Law React. a First and Second Time By-Law Read a Third Time and Finally Passed ii) By-Law 96-39 - Being a Bylaw to repeal Bylaw 91-26 being a bylaw to authorize the signing of the Marina and Waterfront Development Agreement. Tabled. 7. Memo D. Free Dated July 24, 1996 Re: William Gheysen Letter Dated June 15, 1996 Council directed that the proposed letter provided be forwarded to Mr. Gheysen be forwarded. 8. Review and Approval of Accounts & Cheques Resolution #960813-09 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby appoints Jim Hevenor, as Acting Reeve for the August 13, 1996 Regular Council Meeting. CARRIED: Jim Hevenor, Acting Reeve 8 Resolution #960813- 05 MOVED BY: Dave Mason 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$42,914.21, the cheques attached in the amount of$26,666.66, Council pay in the amount of$761.25 and payroll in the amount of$16,430.00. CARRIED: Cindy Allin, Acting Reeve Resolution #960813-10 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby reappoints Cindy Allin as Acting Reeve for the August 13, 1996 Regular Council Meeting. CARRIED: Cindy Allin, Acting Reeve 9. Old Business Councillor Loucks inquired with respect to the status of the public stairs accessing Chatham Street to Hurley Lane. The Administrator/Clerk-Treasurer identified that the stairs are in an unsafe condition and have been posted and barricaded. The scope of remedial work required is currently being reviewed by staff. Councillor Mason suggested that lack of Street Signs throughout the Village represents a concern for safety for emergency services and inquired as to why they have not been erected. The Administrator/Clerk-Treasurer identified that priorities had been established by Council with respect to various community events and maintenance activities throughout the community. It was also identified that an improved system of installation is being reviewed and a contractor may be considered to perform the installation. Councillor Mason requested that the street signs be installed as soon as possible. The Administrator/Clerk-Treasurer identified that the priority for this matter will increase so long as Council did not shift priorities again. 9 10. New Business Legion Poker Run - Request for Permission to Camp - Letter dated August 12, 1996 - Mickey Neale Mrs. Mickey Neale appeared before Council requesting permission for approximately 20 to 40 motorcyclists to camp on the 60' x 150' property across from the Legion. Council refused the request for consent. Councillor Allin expressed concern with regard to Bradcranex and the disposal of fish remains in Otter Creek and requested that the Administrator/Clerk-Treasurer investigate this matter with the appropriate authorities. Councillor Loucks requested a $100.00 donation with respect to the Port Burwell Open Golf Tournament in Mount Elgin August 25, 1996. The Administrator/Clerk-Treasurer identified that a donation in the amount of$100.00 will be provided 12. Motion to Adjourn Resolution #960813-04 MOVED BY: Dave Mason Approved: August 27, 1996 !. / Tom A esbitt Reeve Da viQ R. ree' Administrator/Clerk-Treasurer 10 Village of Port Burwell Minutes Council Meeting August 27, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor and Councillor Loucks Regrets: Councillor Allin, Staff: Administrator/Clerk-Treasurer Guests: Alan Spicer, Ron Bradfield, David Stock, Lawrence Black, Robert Klien, Valerie Masschaele, Bertha Breen, Mrs. Stock, Mr. and Mrs. Robert Klein and LiisAnn Klein Call Meeting to Order 7:30 pm Declaration of Conflict of Interest None. 1. Adoption of Minutes of Special Council Meeting dated July 25, 1996 Resolution #960827-01 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 July 25, 1996 Special Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated July 25, 1996 None. 3. Adoption of Minutes of Regular Council Meeting dated August 13, 1996 Resolution #960827-02 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason 1 BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the August 13, 1996 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated August 13, 1996 Councillor Mason requested an update with respect to the disposal of fish remains into the Big Otter Creek by Bradcranex. The Administrator/Clerk-Treasurer identified that Federal, Provincial and Health Authorities have addressed the concerns and that the village has been informed that an order has been issued to Bradcranex. More information to follow. 5. Delegations Shoreline Protection - Memo D. Free Dated August 19, 1996 Re: Letter from David Stock Shoreline Protection - Memo D. Free Dated August 19, 1996 Re: Port Burwell Ratepayers Association Petition Reeve Nesbitt identified that the concerns within the letter from Mr. Stock have been reviewed and addressed. Mr. Klein expressed concern with respect to the works which have placed rubble on the north side of the wall during 1996 as addressed within the Stock letter. Reeve Nesbitt identified intent of Council is to bolster the wall with rubble as the result of various projects in the community. The intention of Council is to complete the work at minimal cost using inhouse expertise. 6. Correspondence a) MOEE - Water - Supply & Demand -A16 MOEE Received & Filed. b) CSDA - Municipal Taxpayers Won't Have to Subsidize Blue Boxes Received & Filed. c) Province of Ontario -Apartments in Houses - COO PROV Received & Filed. 2 d) Wishing Well Lottery - P09 GENL Received & Filed. e) MNR - A16 MNR Received & Filed. f) TDMH - Tillsonburg Tri-County Being Designated Underserviced Received & Filed. g) CSDA- Refillable Quota Regulations - A00 GEN Received & Filed. h) County of Elgin - Cooperation in Road Department Operations Minutes of July 23, 1996 Meeting Received & Filed. i) Minister of Economic Development, Trade & Tourism - A16 MEDTT Received & Filed. j) St. Thomas Elgin General Hospital - Report to the Community - S00 Received & Filed. k) The Brewers of Ontario - Report on the Evolution of "The Beer Store" Received & Filed. 1) Kenneth Caplan &Associates - MO1 Received & Filed. m) International Joint Commission - Report on Water Quality Received & Filed. 3 n) Ontario Blue Box Recovery Project OMMRI Markets Report Received & Filed. o) MMAH - Who Does What - Panel Recommends New Municipal Act - A16 MMAH Received & Filed. p) The Actuator - Official Newsletter of the National Aerosol Recycling Program Received & Filed. q) LPRCA- Programs & Services Review- A16 LPRCA Received & Filed. r) Municipal Health & Safety Received & Filed. s) Magic Lantern Video Release Received & Filed. t) The Rural Review- A00 GEN Received & Filed. 7. Committee Reports a) County No report. b) Museum Advisory Committee Resolution #960827-02 4 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees that the report submitted by the Museum Advisory Committee dated August 27, 1996 be received and filed. CARRIED: Tom Nesbitt, Reeve c) Community Policing No report. d) Fire Department No report. e) Recreation Advisory Committee No report. f) Events Committee No report. g) Municipal Key Indicators i) Lottery Licencing Report - Received & Filed ii) "Buy a Brick Campaign" Report - Received & Filed iii) By-Law Enforcement Report - Received & Filed iv) Fire Extinguisher Report - Received & Filed v) Building Inspection Report - Received & Filed vi) Municipal Water Consumption Analysis - Received & Filed vii) 1996 Mid-Year Financial Report 5 Resolution #960827-06 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby accepts the 1996 Mid- Year financial report and the recommendations proposed within the report. CARRIED: Tom Nesbitt, Reeve Resolution #960827-07 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to withdraw $919.27 from the Seawall Reserve Fund for the purpose of making repairs to the seawall. DEFEATED: Tom Nesbitt, Reeve Resolution #960827-09 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to engage the services of Cyril Demeyere to undertake the replacement of sidewalks within the Village as specified and for the amount quoted within the attached letter from Cyril J Demeyere Limited. TABLED: Tom Nesbitt, Reeve 8. Bylaws - Memo D. Free Dated April 19, 1996 i) By-Law 96-39 - Being a Bylaw to repeal Bylaw 91-26 being a bylaw to authorize the signing of the Marina and Waterfront Development Agreement. 6 Resolution #960827-13 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Councilof the Village of Port Burwell hereby agrees to introduce By-Law 96-39, being a By-Law to ratify an agreement between the Corporation of the Village of Port Burwell and 947435 Ontario Incorporated as authorized by Resolution#960725-05 passed at a Regular Council Meeting July 25, 1996 and being a By-Law to repeal By-Law 91-26 being a by-law to authorize the signing of the Marina and Waterfront Development Agreement. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed ii) By-Law 96-40 - Being a by-law to establish a Water System Reserve Fund for the Municipality within the general reserve fund. Resolution #960827-10 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 96-40, being a by-law to establish a Water System Reserve Fund for the Municipality within the general reserve fund. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed iii) By-Law 96-42 - Being a By-law to amend By-law 96-31 being a by-law to authorize the long term borrowing of an amount of money towards the cost of certain capital projects. Tabled. 7 9. Memo D. Free Dated August 19, 1996 Re: Joyce Farlow telephone request & Parking By-Law 89-21 Resolution #960827-17 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks The Council of the Village of Port Burwell hereby directs the Administrator/Clerk- Treasurer to prepare a by-law to repeal By-Law 89-21. CARRIED: Tom Nesbitt, Reeve 10. Memo D. Free Dated July 8, 1996 Re: Policies & Procedures Councillor Alun and Councillor Mason are to formulate the committee to review the policies and procedures. Additional committee members are to be presented to Council for approval. 11. Port Burwell Harbour - Dredge Monitoring Study Resolution #960827-11 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to forward the Port Burwell Harbour Dredge Monitoring Study to the Ministry of Natural Resources, the Ministry of Environment and Energy, the Department of Fisheries and Oceans and the Long Point Region Conservation Authority. CARRIED: Tom Nesbitt, Reeve 12. CIBC - Credit Agreement Resolution #960827-12 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor 8 BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk-Treasurer to sign the"Credit Agreement"between the Canadian Imperial Bank of Commerce and the Village of Port Burwell. CARRIED: Tom Nesbitt, Reeve 13. Review and Approval of Accounts & Cheques Resolution #960827-14 MOVED BY: Dave Mason 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$31,310.78 and the cheques attached in the amount of$2,100.00. CARRIED: Tom Nesbitt, Reeve 14. Old Business None. 15. New Business By-Law 96-17 - Being a by-law to establish position description for Administrator/Clerk-Treasurer, Deputy Treasurer, Deputy Clerk, Administrative Assistant and Building Inspector. Tabled. 16. Committee of the Whole Resolution #960827-03 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. 9 CARRIED: Tom Nesbitt, Reeve Resolution #960827-04 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 17. Motion to Adjourn Resolution #960813-05 MOVED BY: Gordon Loucks Approved: September 10, 1996 d i .ndi Tom N• .itt Reeve 4110 'lir David R. Free Administrator!, erk-Treasurer 10 Village of Port Burwell Minutes q - Special Council Meeting September 4, 1996 6:00 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor and Councillor Loucks Regrets: Councillor Allin Staff: Administrator/Clerk-Treasurer Call Meeting to Order Declaration of Conflict of Interest 1. Committee of the Whole Resolution #960904-01 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 #960904-02 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 1 Rise & Report Resolution #960904-03 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 96-44, being a Bylaw to authorize the purchase of the lands described as the Port Burwell Subdivision between the Town of Tillsonburg and including the lands within Bayham Township, Norfolk Township and 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 2. Motion to Adjourn Resolution #9600904-04 MOVED BY: Gordon Loucks Approved: September 24, 1,9°6 Tom esbitt Reeve • David P. Free Administrator/ • -Treasurer 2 Village of Port Burwell Minutes Council Meeting September 10, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor and Councillor Loucks Regrets: Councillor Allin, Staff: Administrator/Clerk-Treasurer Guests: Dr. &Mrs. Leatherdale,Alan Spicer, Shirley Elliot, Mark Thornton, Bob Christoph, Larry Martin, Gordon Craig and Henderikus Wassing Call Meeting to Order 7:30 pm Declaration of Conflict of Interest None 1. Adoption of Minutes of Regular Council Meeting dated August 27, 1996 Resolution #960910-01 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 August 27, 1996 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated August 27, 1996 None. 3. Delegations Under Service Areas Community Health Concerns Dr. Leatherdale Dr. Leatherdale addressed Council with regard to current problems in the delivery of medical services to Port Burwell and area. The Provincial 10%reduction in revenues 1 of doctors ("claw backs") couple with limiting the number of patients which the Ministry of Health is willing to pay individual doctors to see is creating a financial viability problem for Dr. Leatherdales practice. Dr. Leatherdale and his wife Marion explained that if Port Burwell could be designated as an Underserviced Area then he would permitted to service the extensive patient load which exists in the area. The patients Dr. Leatherdale sees come from all over Elgin County including Township of Norfolk and it is necessary to assemble a population total by community which is serviced by the Port Burwell practice. Dr. Leatherdale also encouraged Council to support both the Tillsonburg hospital and Aylmer physicians in their quest to maintain emergency services however, he did not want the Council support to compromise his efforts in designating Port Burwell as an Underserviced Area. Reeve Nesbitt identified that the Port Burwell practice is one of the most important facilities in the community and that Council and staff would do what ever is necessary to assist Dr. Leatherdale in his efforts. Garbage Collection and Containment Re: - Letter Shirley Eliott Dated August 26, 1996 Letter Received September 3, 1996 - Previously Circulated Shirley Elliot praised Council on the clean up of the community however, suggested that a bylaw was required to contain the garbage of the local businesses to eliminate the unpleasant sight and smell. Specifically Thorton's Convenience was a particular concern since it was within view of her residence. Mark Thorton was in attendance and identified a plan to address some of the concerns of Mrs. Elliot however, since he recently purchased the operation he does not currently have the means to immediately invoke the plan. Recently Mr. Thorton was ordered by the Elgin - St. Thomas Health Unit to contain his wet garbage in a secure bin and he complied even though it was an additional cost. Mr. Thorton also provided letters from neighbors identifying that they did not have the same concern for the garbage which was identified by Mrs. Elliot. Councillor Mason identified that garbage is a problem and that Port Burwell businesses do need to improve their containment in concert with the municipality's efforts to keep the community clean. Reeve Nesbitt added that this issue has been addressed previously and it was decided by Council that businesses are required to take care of their unique concerns. The municipality executed an agreement in 1994 with Green Lane which stated the contract limits of the amount of garbage per commercial 2 property that they are required to pick up. Garbage has been a concern for several years and will continue however, the cost for the waste management services to the municipality is now under control. Both Reeve Nesbitt and Councillor Mason identified that this issue may have to be revisited possibly under a user pay system. 4. Correspondence a) Port Burwell Baseball Association Resolution #960910-06 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees that the fund raising dance being organized by the Port Burwell Baseball Association to be held on October 5, 1996 is an event in conjunction with the Special Events Committee. CARRIED: Tom Nesbitt, Reeve b) Amtelecom Inc. - Call Answer Services - A01 AMTEL Received & Filed. c) OCWA Interim Report - A16 OCWA Received & Filed. d) Town of Fergus - Petition to amend the Municipal Act - A16 GEN Resolution #960910-14 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the resolution passed at the August 6, 1996 Council Meeting of the Town of Fergus with regards to amending Section 37(5) of the Municipal Act c.m.45 R.S.O. 1990 as amended, which disqualifies a person from holding office on a municipal council if 3 they are a person who is an undischarged bankrupt or insolvent. CARRIED: Tom Nesbitt, Reeve e) Letter from Bob Bierling re: Video Lottery Terminals Received & Filed. f) Ontario March of Dimes - Bill 75 Received & Filed. g) Canadian Association of Broadcasters - AO1 GEN Received & Filed. h) Elgin Community Leaders' Letter -A01 ECL Received & Filed. i) Ministry of Economic Development, Trade and Tourism - A16 MEDTT Received & Filed. j) Environmental Canada - Invitation to SOLEC 96 Received & Filed. k) Canada Communication Group - Great Lakes Received & Filed. 1) Community Action Awards & Ontario Senior Achievement Awards Received & Filed. m) Town of Iroquois Falls - School Crossing Guards - A16 GEN Received & Filed. 4 n) Municipal Alert - Video Gaming Terminals -A16 GEN Received & Filed. o) Corporation of the Village of Dutton - 1st Annual Bobier Home Fall Classic A16 GEN Received & Filed. p) Carbon Monoxide Awareness Week - A01 GEN Received & Filed. q) Township of Mariposa - A16 GEN - Review of Drainage Act Received & Filed. r) Board of Education - Use of Facility for Karate Lessons - A16 BOE Received & Filed. s) Wish and Win Bingo - P09 GEN Resolution #960910-15 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to sign the Municipal Approval form with regards to the selling Wish'n Win TV Bingo cards with retail outlets in the Village of Port Burwell. CARRIED: Tom Nesbitt, Reeve t) Heritage Resources Centre - Workshops Received & Filed. 5 u) Judy Sgro Metro Councillor - New Ontario Environmental Regulations Received & Filed. 5. Committee Reports a) County No Report. b) Museum Advisory Committee Approval of Minutes of Museum Advisory Committee Meetings Dated December 5, 1995, February 6, 1996, April 2, 1996, May 7, 1996,June 3, 1996, July 2, 1996 and August 6, 1996 Resolution #960910-07 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 Museum Advisory Committee Meetings dated December 5, 1995, February 6, 1996, April 2, 1996, May 7, 1996,June 3, 1996, July 2, 1996 and August 6, 1996. CARRIED: Tom Nesbitt, Reeve Marine Museum & Lighthouse Visitor Report - Elgin County Pioneer Museum Attendance c) Community Policing No Report. d) Fire Department No Report. 6 e) Recreation Advisory Committee No Report. f) Events Committee No Report. g) Planning Committee - Letters Aquafor Beech Resolution #960910-16 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks Whereas the Planning Act, RSO 1990, s. 26, as amended, provides if an official plan is in effect in a municipality, the council of the municipality that has adopted the official plan shall, not less frequently than every five years, hold a special meeting of council, open to the public, to determine the need for a revision of the official plan and in determining the need for a revision council shall have regard to policy statements issued under subsection 3(1), and, Whereas the Village of Port Burwell directed by Resolution 951212- 11 that an Official Plan Update was required, and, Whereas recent upper tier studies are currently underway with respect to possible restructuring of local government including the Village of Port Burwell. BE IT RESOLVED, the Council of the Village of Port Burwell hereby deems it necessary that the Official Plan Update process as previously directed put into abeyance until 1997 at which time Council shall provide its specific direction in these matters. CARRIED: Tom Nesbitt, Reeve h) Municipal key Indicators i) Financial Reporting - Received & Filed. 7 ii) Municipal Water Consumption Analysis - Received & Filed. iii) Tax Arrears Report - Received & Filed. 6. Bylaws i) By-Law 96-32 - Being a By-Law to Stop up and Close a Travelled Road, Part 3 of Registered Plan 11R-6238. By-law Read a First & Second Time June 11, 1996 By-Law Read a Third Time and Finally Passed ii) By-Law 96-45 - Being a By-law to repeal Bylaw 89-21 being a by-law to restrict parking on Erieus Street from Victoria to Robinson and certain portions of Pitt Street. Resolution #9600910-08 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 96-45, being a By-law to repeal Bylaw 89-21 being a by-law to restrict parking on Erieus Street from Victoria to Robinson and certain portions of Pitt Street. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed iii) By-Law 96-42 - Being a By-law to amend By-law 96-31 being a by-law to authorize the long term borrowing of an amount of money towards the cost of certain capital projects. - Memo D. Free August 23, 1996 - Previously Tabled August 27, 1996 Regular Council Meeting Resolution #960910-09 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks 8 BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 96-42, being a By-law to amend By-law 96-31 being a by-law to authorize the long term borrowing of an amount of money towards the cost of certain capital projects. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third.Time and. Finally Passed. iv) By-Law 96-17 - Being a by-law to establish position description for Administrator/Clerk-Treasurer, Deputy Treasurer, Deputy Clerk, Administrative Assistant and Building Inspector. - Previously Circulated - Tabled August 27, 1996 Regular Council Meeting Resolution #960910-10 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 96-17, being a by-law to establish position description for Administrator/Clerk-Treasurer, Deputy Treasurer, Deputy Clerk, Administrative Assistant and Building Inspector. CARRIED: Tom Nesbitt, Reeve Tabled. v) By-Law 96-43 - Being a By-law to provide for the charging of a fee for each tent and trailer site located within the Village of Port Burwell. Tabled. vi) By-Law 96-16 - Being a by-law to regulate Harbours and Wharves and for the collection of reasonable harbour dues within the Corporation of the Village of Port Burwell. By-law Read a First ? Second Time May 28, 1996 Defeated. 9 7. Memo D. Free Dated July 8, 1996 - Re: Policies & Procedures Tabled. 8. Canadian Coast Guard - Letter dated August 20, 1996 Received & Filed. 9. Memo Dated September 5, 1996 re: Bradcranex Dumping Fish Guts in Big Otter Creek Received & Filed. 10. Memo Dated August 28, 1996 re: Shoreline Protection East of Strachan Street Received & Filed. 11. Review and Approval of Accounts & Cheques Resolution #960910-05 MOVED BY: Dave Mason 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 $24,851.20, Council pay in the amount of $635.25, Firemen's pay in the amount of $3,925.00, payroll in the amount of $20,908.85, tax levies in the amount of $80,545.00 and the cheques attached in the amount of$856.04. CARRIED: Tom Nesbitt, Reeve 12. Old Business None. 13. New Business Resolution #960910-13 MOVED BY: Jim Hevenor 10 SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby proclaims September 15, 1996 to September 21, 1996 as Legion Week in the Village of Port Burwell. CARRIED: Tom Nesbitt, Reeve Resolution #960910-17 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to hold a Special Meeting September 17, 1996 to review the County Restructuring Study. CARRIED: Tom Nesbitt, Reeve 14. Motion to Adjourn Resolution #960910-04 MOVED BY: Jim Hevenor Approved: September 24, 199 6(>712(7/ Tom Nes.,itt Reeve AO tif,t_ David R. Free Administrator/. erk-Treasurer 11 Village of Port Burwell Minutes Special Council Meeting September 17, 1996 6:00 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor and Councillor Loucks Regrets: Councillor Allin Staff: Administrator/Clerk-Treasurer Guests: Stuart McKibbon &Alan Spicer Call Meeting to Order 6:15 pm Declaration of Conflict of Interest None 1. County Re-structuring Study - Previously Circulated Reeve Nesbitt requested that all councillors provide their comments based on their review of the County study. Councillor Mason questioned the completeness of the report suggesting that there were several assets and organizations of Port Burwell which were not identified. The accuracy of the report was also questioned. Councillor Hevenor had significant concerns that with respect to communities of interest that the Town of Tillsonburg was not given enough or serious consideration. On this basis the it was suggested that the report was seriously flawed. Councillor Loucks felt that the report was inaccurate and incomplete. The report did not consider the significant differences between rural and urban areas. Reeve Nesbitt reviewed each category in the document with Council requesting points of concern or support for the position stated. In general the all of Council directed that the report be rejected considering the points raised in the round table discussion. Stuart McKibbon suggested that the elimination of the Federal and Provincial levels of government was a preferable alternative to the elimination of a tier of local government. 1 3. New Business Councillor Loucks expressed concern that the West Side Restaurant may not be able to replace the existing house with a new home on the existing site. The Administrator/Clerk-Treasurer identified that a meeting was held with the owners in order to discuss the problems which exist with the site and considering their pending investment in buildings and lands. It was identified that alternatives were presented to the owners however, they did not consider the suggestions as viable. Based upon a review of the local bylaws and planning legislation Councillor Loucks was to contact the owners and explain the bylaws, legislation and future sale of lands within the vicinity of their land which may resolve their concerns. 4. Old Business None 5. Motion to Adjourn Resolution #960917-03 MOVED BY: Jim Hevenor Approved: September 24, 199 ' / (��Tom Ne itt Reeve .41111 Davi R. Free Administrator/" erk-Treasurer 2 Village of Port Burwell Minutes Council Meeting September 24, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor and Councillor Loucks Regrets: Councillor Allin Staff: Administrator/Clerk-Treasurer Guests: Alan Spicer, Henderikus Wassing and Janet Russell Call Meeting to Order 7:30 pm Declaration of Conflict of Interest None 1. Adoption of Minutes of Special Council Meeting dated September 4, 1996 Resolution #960924-01 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 September 4, 1996 Special Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated September 4, 1996 None. 3. Adoption of Minutes of Regular Council Meeting dated September 10, 1996 Resolution #960924-02 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the 1 minutes of the September 10, 1996 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated September 10, 1996 None. 5. Adoption of Minutes of Special Council Meeting dated September 17, 1996 Resolution #960924-03 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 September 17, 1996 Special Council Meeting. CARRIED: Tom Nesbitt, Reeve 6. Business arising from Minutes of meeting dated September 17, 1996 None. 7. Delegations None 8. Correspondence a) MNR - Access to Lands - L04 DFO Council expressed their dissatisfaction with the attempt of the Provincial Park to terminate pedestrian access to the boardwalk and West Beach. Reeve Nesbitt reminded Council of the monies expended on the boardwalk and its community value. Councillor Loucks suggested that a condition to permitting the closure of the most southerly section of Chatham Street was that pedestrian access would be permitted by the west pier. The Administrator/Clerk-Treasurer suggested that the riparian rights of the community may be compromised by the MNR's proposal to fence off access 2 to the west pier. Councillor Mason suggested that the proposal may be retaliation by Park Manager Henry Vallis for increased water servicing costs to the park. Resolution #960924-12 MOVED BY: Jim Hevenor SECONDED BY: Gord Loucks Whereas the municipality is in receipt of a letter from the Ministry of Natural Resources dated August 8, 1996 to the Department of Fisheries and Oceans, Small Craft Harbours requesting the authority to erect a fence which would restrict access to the west parking lot and west shoreline and pier of the Port Burwell harbour, and, Whereas the Council of the Village of Port Burwell has been asked to comment on the request by the Federal agency considering municipal authority and previously executed agreements, and; Whereas upon review of the request has caused Council to investigate the history, authority and motives of the Port Burwell Provincial Park with respect to the requested fencing, and; Whereas documentation indicates that with respect to the closing of the most southerly portion of Chatham Street, the Ministry of Natural Resources provided their guarantee that free access to the parking lot and the west pier would always be permitted, and; Whereas the recent request by Park Manager Mr. Henry Valks is in contravention to the condition of the said road closing agreement with the municipality. BE IT RESOLVED, the Council of the Village of Port Burwell hereby requests that the Department of Fisheries and Oceans, Small Craft Harbours refuse outright the request by the Ministry of Natural Resources based upon prior agreements with the Municipality. CARRIED: Tom Nesbitt, Reeve 3 b) Assessment Review Board - School Support Changes for 1996 - A16 ASS Received & Filed. c) Corporation of the Village of Stirling -Municipal Restructuring -A16 GEN Resolution #960924-13 MOVED BY: Dave Mason SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the resolution passed by the Council of the Corporation of the Village of Stirling at their September 3, 1996 Council Meeting with regards to petitioning the Province of Ontario to place a moratorium on restructuring. CARRIED: Tom Nesbitt, Reeve d) MMA - Zoning -A16 MMA Received & Filed. e) Town of Ajax - Cost Management Program -A16 GEN Received & Filed. f) Village of Morrisburg - Request for Resolutions of Support - A16 GEN Received & Filed. g) Occupational Health & Safety - Training Courses - A04 Received & Filed. h) City of York - Request for Resolution of Support, Ontario Building Code - A16GEN Received & Filed. 4 i) International Great Lakes St. Lawrence Mayors' Conference - A04 Received & Filed. j) Ministry of Consumer & Commercial Relations - Marriage Licenses - A16 MCCR Received & Filed. k) County of Elgin - Cooperation in road Department Operations -A16 CTY Received & Filed. 1) Addiction Research Foundation - Municipal Alcohol Policy -A01 GEN Received & Filed. m) Bradcranex Letter dated September 5, 1996 - Aids to Navigation Received & Filed. n) Bradcranex Letter dated September 4, 1996 - Request for Street Light at Hurley Lane Received & Filed. o) Notes for Remarks by Hon. Al Leach to the AMO Received & Filed. 9. Committee Reports a) County Reeve Nesbitt identified that County Council has approved the detailed review of the 4 restructuring proposals as presented within the Chowen report. County Council refused to address the community of interest with respect to the Town of Tillsonburg. 5 b) Museum Advisory Committee No Report c) Community Policing No Report d) Fire Department - Heating Revisions to Fire Hall quotations - Received & Filed e) Recreation Advisory Committee The next meeting is to be held on September 25, 1996 at the Municipal Offices �) Events Committee The next meeting is to be held on September 30, 1996 at the Municipal Offices g) Planning Committee No Report h) Municipal key Indicators i) Lottery Licencing Report - Received & Filed ii) 'Buy a Brick Campaign" Report - Received & Filed iii) By-Law Enforcement Report - Received & Filed iv) Fire Extinguisher Report - Received & Filed v) Building Inspection Report - Received & Filed vi) Financial Reporting - Received & Filed 6 10. Bylaws i) By-Law 93-09 - Being a By-Law to revise and to consolidate certain by-laws regulating traffic and the parking of motor vehicles in the Village of Port Burwell - By-law not passed Resolution #960924-09 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks Whereas it is convenient and necessary that the Village of Port Burwell have a set of regulations regarding parking and traffic issues, BE IT RESOLVED, the Council of the Village of Port Burwell hereby introduces By-Law 93-09, being a by-law to revise and to consolidate certain by-laws, regulating traffic and the parking of motor vehicles in the Village of Port Burwell for review and circulation. CARRIED: Tom Nesbitt, Reeve Notification of the bylaw is to be posted at the-Community Bulletin Board and advertised in the local newspaper. ii) By-Law 96-43 - Being a By-law to provide for the charging of a fee for each tent and trailer site located within the Village of Port Burwell. - By-law tabled at September 10, 1996 Meeting - Previously Circulated Tabled iii) By-Law 96-17 - Being a by-law to establish position description for Administrator/Clerk-Treasurer, Deputy Treasurer, Deputy Clerk, Administrative Assistant and Building Inspector. - Introduced by Resolution #960910-10 - September 10, 1996 - Previously Circulated By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed 7 11. Review and Approval of Accounts & Cheques Resolution #960924-07 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$29,232.90 and the cheques attached in the amount of$809.15. CARRIED: Tom Nesbitt, Reeve 12. Old Business Cyril J. Demeyere Limited - Letter dated September 11, 1996 Re: Chatham Street Drain area Council directed that the engineering and planning for the project commence including site visits with the area residents in order to resolve drainage problems in the area. Memo from D. Free dated September 12, 1996 Re: Gordon Craig Lease Council directed that a letter is to be sent to Mr. Craig reminding him of his obligations to remove the municipal docks by crane in order that staff can inspect for damage. 13. New Business Resolution #960924-10 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to hold a Special Meeting September 26, 1996 to meet with the Council of the Town of Tillsonburg concerning matters with respect to communities of interest and the lands known as the Canadian Pacific railway between the Town of Tillsonburg and the Village of Port Burwell, also known as the Port Burwell Subdivision. 8 CARRIED: Tom Nesbitt, Reeve Councillor Mason expressed his concern that the old concrete sidewalk materials removed from Erieus and Pitt Streets were not being use as fill behind the shoreline protection between Strachan Street and the most easterly limits of the municipality. The Administrator/Clerk-Treasurer reminded Council of the recent letters and dialogue with the ratepayers protesting against the activity. The existing agreement with the Federal government also requires the expressed approval of the Director prior to any works within or near the shoreline. Councillor Mason suggested that the existing agreement was outdated and had a 5 year renewal clause which should be terminated. The Administrator/Clerk-Treasurer suggested that there may be legal and public ramifications if the executing bylaw and agreement was to be repealed. A detailed review of the agreement including dialogue with the various government agencies would be necessary prior to considering the revocation of the agreement. A report is to be presented to Council in this matter. 14. Motion to Adjourn Resolution #960924-06 MOVED BY: Jim Hevenor Approved: October 8, 1996 Tom Ne itt (24 Reeve David R. Free Administrator/C rk-Treasurer 9 -44.04 i Village of Port Burwell Minutes Special Council Meeting September 26, 1996 7:30 p.m. Call Meeting to Order 7:30 pm Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor and Councillor Loucks Regrets: Councillor Alin Staff: Administrator/Clerk-Treasurer Guests: Council of the Town of Tillsonburg; Mayor Cam McKnight, Councillors, Iry Horton, Robert Smith, Brenda Carroll, Frank Welsh, Sam Lamb, Dave Berres and Chris Rosehart. Town of Tillsonburg Staff; Economic Development Officer - Fran Bell, Administrator/Clerk - Dave Morris and Deputy Clerk - Brad Bartlett Harbour Lights -Alan Spicer Declaration of Conflict of Interest None 1. Communities of Interest - Previously Circulated Village of Port Burwell - Reeve Nesbitt - Opening Remarks Council Town of Tillsonburg - Mayor McKnight - Opening Remarks - Discussion Reeve Nesbitt welcomed the Council of the Town of Tillsonburg identifying the long history that the two communities have had together although 33 kilometers apart. The Reeve identified that the purchase of the railway was an effort by the Council to ensure the integrity of the lands between Tillsonburg and Port Burwell for future utility uses. Reeve Nesbitt spoke of the pending Elgin County Re-engineering study identifying that Port Burwell did not want to amalgamate with any municipality. Reeve Nesbitt identified that Council believes the corporation is self sufficient and has a vision for the area. Mayor Cam McKnight congratulated the Administration and Council on the purchase of the railway lands as it was a bold and prudent acquisition. The Mayor identified that the purchase will have mutual benefit for both 1 communities and welcomed the opportunity to participate with Port Burwell. Mayor McKnight identified that there has also been restructuring activities in Oxford County. The current proposal before Oxford County Council is a single tier system of which Tillsonburg Council opposes. The items which seem to be lost in most of the restructuring formulas is the Communities of Interest. Port Burwell and the surrounding area are part of the community of interest for Tillsonburg and this must be expanded. Councillor Mason identified that there could not be a better time for a change and to take charge of the destiny of the communities. Councillor Hevenor suggested that both communities have common values and an intermunicipal committee should be formed to explore further areas for communities of interest. The areas of mutual interest include policing, economic development, health care, education and recreation. Tillsonburg Councillor Robert Smith agreed with Councillor Hevenor suggesting that a committee should be established soon to further expand upon issues of mutual interest apart from proposed joint railway agreement between Tillsonburg and Port Burwell. Mayor Cam McKnight supported Councillor Smith and Hevenors position suggesting the appointment of members of both Council to an intermunicipal committee. Councillor Loucks fully supported the position Councillor Hevenor suggesting that Port Burwell residents could benefit from a relationship with Tillsonburg. This was evident by past educational systems including the employment, recreational and shopping opportunities which Tillsonburg industries provide to Port Burwell residents. Reeve Nesbitt identified his personal preference and ties to Elgin County however, was dismayed at the lack of concern by the Elgin County Council to consider Tillsonburg into the re-engineering proposal. Tillsonburg Councillor Horton suggested that the current Chief of police for the Tillsonburg detachment may be able to provide insight with respect to the changes in policing legislation proposed for review within the Provincial legislature during the winter of 1997. Break 8:30 pm 2 Council resumes 9:00 pm 2. Committee of the Whole Resolution #960926-01 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 #960926-02 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 3. New Business None. 4. Old Business None. 5. Motion to Adjourn - Resolution #960926-03 MOVED BY: Jim Hevenor 3 Approved: November 12, 1996 /14// Tom Nesb Reeve f/ ,;2 David. Free Administrator/0' erk-Treasurer 4 Village of Port Burwell Minutes Special Council Meeting October 1, 1996 5:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor and Councillor Loucks Regrets: Councillor Allin Staff: Administrator/Clerk-Treasurer Guests: Alan Spicer Call Meeting to Order Declaration of Conflict of Interest 1. Communities of Interest - Tillsonburg - Memorandum of Understanding - Received & Filed - Letter dated October 1, 1996 - Town of Tillsonburg - Received & Filed Resolution #961001-01 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason The Council of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk-Treasurer to sign the Memorandum of Understanding between the Town of Tillsonburg and Village of Port Burwell with amendments as recommended. CARRIED: Tom Nesbitt, Reeve 2. Appointment to Intermunicipal Committee - Trail & Infrastructure Corridor Resolution #961001-02 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor The Council of the Village of Port Burwell hereby appoints as follows: Jim Hevenor 1 Dave Mason Gordon Loucks to the intermunicipal Rail Committee . The Reeve, Tom Nesbitt is to sit as an ex officio member. CARRIED: Tom Nesbitt, Reeve 3. Committee of the Whole Resolution #961001-03 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. CARRIED: Tom Nesbitt, Reeve Resolution #961001-04 ' MOVED BY: Dave Mason SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Rise &' Report Resolution #961001-08 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the solicitor to terminate the counter claim in the matter of the claim by Raven & 2 Company in favour of reporting the firm to the Institute of Chartered Accountants of Ontario. CARRIED: Tom Nesbitt, Reeve 4. New Business Resolution #961001-06 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby appoints as follows: Jim Hevenor Dave Mason Gord Loucks to the Village of Port Burwell and Town of Tillsonburg Committee to Review Communities of Interest, Joint Servicing and Restructuring. The Reeve, Tom Nesbitt is to sit as an ex officio member. CARRIED: Tom Nesbitt, Reeve Resolution #961001-07 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks Whereas the municipality of the Village of Port Burwell has recently acquired lands adjacent to the Big Otter Creek, hereinafter known to as the CP Railway Lands, and; Whereas the presence of the environmental agency, Long Point Region Conservation Authority has been acknowledged and appreciated towards the stability of shoreline and watershed within our municipality, and; Whereas recently acquired lands know as Dean's Island abuts lands owned by the Conservation Authority currently operating as the Big Otter Marina, and; 3 Whereas Long Point Region Conservation Authority has expressed interest in the acquisition of these lands. BE IT RESOLVED, the Council of the Village of Port Burwell hereby deems it expedient to offer Dean's Island to the Long Point Region Conservation Authority for the sum of$1.00, under the condition that it assumes the costs of surveys in and around the area north of Bridge Street to the municipal limits and consents to covenant to the municipality Dean's Island should the Long Point Region Conservation Authority decide to divest its land ownings within the municipality inclusive of these lands back to the municipality at no cost. CARRIED: Tom Nesbitt, Reeve 5. Old Business None. 5. Motion to Adjourn Resolution #961001-05 MOVED BY: Gordon Loucks Approved: October 8, 1996 CSG/ i Tom Nes 'tt Reeve David R. Free Administrator/ -rk-Treasurer 4 • Village of Port Burwell Minutes Council Meeting October 8, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor and Councillor Loucks Regrets: Councillor Allin Staff: Administrator/Clerk-Treasurer Guests: Alan Spicer, Henderikus Wassing, Gloria Everet and Janet Russell Call Meeting to Order 7:30 pm Declaration of Conflict of Interest None 1. Adoption of Minutes of Regular Council Meeting dated September 24, 1996 Resolution #961008-01 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 September 24, 1996 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated September 24, 1996 None. 3. Adoption of Minutes of Special Council Meeting dated October 1, 1996 Resolution #961008-02 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the 1 minutes of the October 1, 1996 Special Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated October 1, 1996 None. 5. Delegations None. 6. Correspondence a) Local Authority Services Ltd. - Leasing Services for municipalities Received & Filed. b) Port Burwell Bayham Horticultural Society -AO1 HORT Received & Filed. c) SWOTA- 1997 Outdoor Adventures Guide -AOl SWOT Received & Filed. d) Alcohol Policy Network - A09 Received & Filed. e) MMA- Reality Cheque - A04 Received & Filed. f) Ontario Federation of Agriculture - A01 GEN Received & Filed. g) Recycling Council of Ontario - Waste Reduction Week - A01 GEN Received & Filed. 2 h) MFOA- Municipal User Charges Survey -A01 MFOA Received & Filed. i) Pilgrims of Saint Michael - A01 GEN Received & Filed. j) OCWA- the Waterline - The Cost Crunch - A16 OCWA Received & Filed. k) Business Planning & Performance Measurement -A04 Received & Filed. 1) Growth Resources Inc. - Lead Poisoning Received & Filed. m) Ministry of Agriculture, Food and Rural Affairs - A16 MAGF Received & Filed. 7. Committee Reports a) County No Report b) Museum Advisory Committee - Final Summer Report -James Peterson Resolution #961008-12 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby adopts the Port Burwell Marine Museum 1996 Summer Final Report dated 3 September 15, 1996 prepared by Summer Student, James Peterson. CARRIED: Tom Nesbitt, Reeve - Approval of Committee Minutes - Meeting dated September 3, 1996 Resolution #961008-08 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 September 3, 1996 Museum Advisory Committee Meeting. CARRIED: Tom Nesbitt, Reeve c) Community Policing No Report d) Fire Department No Report e) Recreation Advisory Committee No Report f) Events Committee The Committee is going to have a haunted Lighthouse October 31, 1996. Planning is underway for the 1996 Santa Claus Parade. g) Planning Committee No Report 4 h) Otter Valley Trail & Utility Corridor Intermunicipal Committee No Report i) Port Burwell - Tillsonburg Communities of Interest Committee A meeting has been scheduled for October 10, 1996 at the Tillsonburg Town Hall. j) Lower Big Otter Creek Remedial Action Plan (LBORP) A meeting was held at the Backus Centre, during which some funding was committed to Port Burwell. The minutes of the meeting are retained in the Port Burwell Municipal Office. The next LBORP meeting is to be held at 1:30pm, December 11, 1996 at the Bayham Municipal Offices. 8. Bylaws i) By-Law 96-46 - Being a By-law to establish schedules of retention periods for documents, records and other papers of the municipality. Resolution #961008-07 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 96-46, Being a By-law to establish schedules of retention periods for documents, records and other papers of the municipality. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read. a Third Time and Finally Passed Resolution #961008-09 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor 5 BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to destroy the appropriate archived municipal records in accordance with By-Law 96-46. CARRIED: Tom Nesbitt, Reeve Recess: 8:30 pm Reconvene 8:40 pm 9. CIBC Credit Agreement Resolution #961008-11 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to execute the agreement between the municipality and the CIBC. CARRIED: Tom Nesbitt, Reeve 10. Memorial Park - Sale of Land - Memo dated October 4, 1996 - Received and Filed 11. Review and Approval of Accounts & Cheques Resolution #961008-06 MOVED BY: Dave Mason 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 $17,276.04, Council pay in the amount of $1,407.00, payroll in the amount of $13,793.40 and the cheques attached in the amount of$66.93. CARRIED: Tom Nesbitt, Reeve 6 12. Old Business None. 13. New Business Resolution #961008-10 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 96-47, being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Employment Agreement with Donna Lamoure for the purpose of the operation of the Concession Stand at the Baseball Diamond. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read. a Third Time and Finally Passed 14. Committee of the Whole Resolution #961008-03 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 #961008-04 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell moves out of 7 Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 15. Motion to Adjourn Resolution #961008-05 MOVED BY: Dave Mason Approved: Oct. .er 22, 19!6 Tom esbitt Reev David " . Free !/ Administrator!, rk-Treasurer r. • . • /ig. • 8 Village of Port Burwell Minutes Council Meeting October 22, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor and Councillor Loucks Regrets: Councillor Allin Staff: Administrator/Clerk-Treasurer Guests: Constable Dennis Harwood, Constable Ian Vickers, Staff Sergeant Stephens, Bob Christoph, Alan Spicer, Mr. &Mrs. Henderikus Wassing, Al Foster, Ross Huntley, Janet & Gary Russell, George Allen and Iva Taylor Call Meeting to Order 7:30 Declaration of Conflict of Interest None. _ 1. Adoption of Minutes of Regular Council Meeting dated October 8, 1996 Resolution #961022-01 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 8, 1996 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated October 8, 1996 None. 3. Delegations Janet & Gary Russell - Letter Dated September 27, 1996 Gary Russell expressed he and his wife's concern with respect to the possible 1 sale of the Memorial Park Lands to private developers. Mr. Russell identified that he had assembled a petition with over 300 names however, was unable to present the document to Council at this time. He suggested that the park is the most valuable piece of property in Port Burwell and many people did not want to see the lands in the hands of developers. As an alternative Mr. Russell suggest the annexation of other lands outside of the community to be sold as private development lands. Mr. Russell also suggested that the roadway leading to the beach should remain open to permit access to the East Beach. Mr. Russell commended Council for the purchase of the CP Rail lands however, was critical for the sidewalk and boulevard work recently completed in the vicinity of the Municipal Offices. Janet Russell added that school children have been solicited to sign the petition including people from outside of the community. Mrs. Russell presented indentures which she claimed indicated that the lands could not be sold. Mrs. Russell claimed that she had consulted with Long Point Region Conservation Authority who identified that the memorial park lands were hazard lands and development could not occur. This assessment by LPRCA was thought to be consistent with the municipal official plan. Reeve Nesbitt identified that Council had substantial information on file already including the appropriate legal opinions in this matter. He also stated that there is currently access through Strachan Street and Erieus Street which is to be further developed in 1997 in order to facilitate an improved access to the East Beach. The information which was presented by the Russells was received and filed. OPP Presentation - Letter Dated September 23, 1996 Staff Sargent Stephens provided a presentation on the past and future of the Ontario Provincial Police. He identified that there had been a significant restructuring within the organization however, without lowering the level of service to the residents of Ontario. Mr. Stephens identified that his organization was well equipped for all situations including the ability to borrow and lend staff when there are emergencies throughout the province. The presentation was copied for Council for future reference and consideration in the matters of policing for the community. 2 4. Correspondence a) Attractions Ontario -A01 GEN Received & Filed. b) Elgin County Board of Education -A16 ECBOE Use of School facilities for Karate Lessons Received & Filed. c) Notes for Remarks by Ernie Hardeman - A16 GEN Received & Filed. d) Municipal Alert - Long Awaited Fire Legislation -A01 AMO Received & Filed. e) Heart Beat - St. Thomas Elgin General Hospital Received & Filed. f) Environmental Commissioner of Ontario - A16 GEN Received & Filed. g) SWOTA - 1997 Membership -A01 SWOT Received & Filed. h) SWOTA - Travel Counselor Summary Meeting Minutes - A01 SWOT Received & Filed. i) SWOTA - 1996/1997 Great Escapes Guide - A01 SWOT Received & Filed. 3 j) Kenneth Caplan Associates Ltd. Received & Filed. k) Kent Chatham Health Unit - Elgin St. Thomas Health Unit - A16 ESHU Received & Filed. 1) Environment & Energy Conference of Ontario - A16 MOEE Received & Filed. m) Shoreline Protection - E05 - Shore - Letter dated October 1996 from Bruce & Pam Kipp - Letter dated October 1996 Bob &Joyce Skelton - Correspondence from Ron Flick and Alice Robertson Received October 22, 1996 Received & Filed. n) Aylmer Area Community Foundation - 1997 Grants - A01 GEN Received & Filed. o) Elgin Community Development Corporation Received & Filed. p) Ontario Municipal Recreation Association Volunteer Service Awards Program Received & Filed. q) Citizens Commission on Human Rights Received & Filed. r) Ontario Nurses Association - AO1 GEN Received & Filed. 4 s) Ministry of the Solicitor General OPP Costing Moratorium - A16 MSG Received & Filed. t) Canadian Soft Drink Association - AOl GEN Received & Filed. u) County of Elgin - Property Along Chatham Street - A16 CTY Received & Filed. v) Elgin St. Thomas Health Unit - Rabies Vaccination Clinics - A16 ESHU Received & Filed. w) Personnel Management Associates Received & Filed. 5. Committee Reports a) County No Report b) Museum Advisory Committee No Report c) Community Policing No Report d) Fire Department No Report e) Recreation Advisory Committee No Report 5 f) Events Committee No Report g) Planning Committee No Report h) Otter Valley Trail & Utility Corridor Intermunicipal Committee No Report i) Port Burwell - Tillsonburg Communities of Interest Committee The next meeting has been rescheduled to November 28, 1996. j) Municipal Key Indicators i) Lottery Licencing Report - Received & Filed. ii) "Buy a Brick Campaign" Report - Received & Filed. iii) Financial Reporting - Received & Filed. iv) Long Term Borrowing Ledger - Received & Filed. v) Tax Arrears Report - Received & Filed. vi) Municipal Water Consumption Analysis - Received & Filed. 6. Bylaws i) By-Law 93-09 - Being a By-Law to revise and to consolidate certain by-laws regulating traffic and the parking of motor vehicles in the Village of Port Burwell - Previously Tabled - Letter from Shirley Manion dated October 14, 1996 - Received & Filed. - Letter from Gordon Craig dated October 22, 1996 - Received & Filed. 6 Comments from local businesses were heard and acknowledged with respect to the parking bylaw. The bylaw was tabled until the November 12, 1996 Regular Council meeting. 7. Ontario Realty Corporation Transfer of Water Easements to the Village of Port Burwell - Received and Filed Council directed that the information be reviewed by the solicitor and returned for execution. 8. Review and Approval of Accounts & Cheques Resolution #961022-05 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the accounts payable as amended in the amount of$27,212.73. CARRIED: Tom Nesbitt, Reeve 9. Old Business Councillor Mason requested that the "Update" mailed to the residents through General Delivery be mailed to the seasonal residents. Councillor Loucks identified that he had examined the docks and found a significant crack in one of the supporting members which will need to be repaired. He identified that he could not see the underside of the docks where there could be other damages. 10. New Business Resolution #961022-06 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks Where as the Council of the Village of Port Burwell is in receipt of a letter dated October 21, 1996 from Councillor Allin immediately tendering her resignation 7 from Council. BE IT RESOLVED, the Council of the Village of Port Burwell with sincere regrets, hereby accepts the resignation of Councilor Allin and declares the position on the Council of the Village of Port Burwell vacant. CARRIED: Tom Nesbitt, Reeve Resolution #961022-07 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s.297, as amended provides that; (1) The council of every municipality may pass by-laws, (a) for establishing and laying out highways; (b) for widening, altering or diverting any highway or part of a highway; (c) for stopping up any highway or part of a highway or for stopping up any highway or part of a highway for a specified period or periods of time; (d) for leasing or selling the soil and freehold of a stopped-up highway or part of a highway; (e) for setting apart and laying out such parts as may be considered expedient of any highway for the purpose of carriage ways, boulevards and sidewalks, and for beautifying the same, and making regulations for their protection; (f) for permitting subways under and bridges over any highway upon such conditions as the council considers advisable; (g) for acquiring land or an interest in land at street intersections for the purpose of rounding corners. WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s.297 and 300, as amended set out the procedures for the stopping up and closing of a highway and; WHEREAS Council deems it expedient to stop up, close and sell subject to a 12 foot easement to be used as a pedestrian walkway and drainage easement along the most southerly boundary of the municipal road allowance known as travelled road, Part of Part 6 of 8 Registered Plan 11R-6029 in accordance to the sketch attached hereto as Schedule "A"; The Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer as follows: (1) THAT Part of Part 6 of Registered Plan 11R-6029 as described on Schedule "A" attached hereto is to be stopped up, closed and sold subject to a 12 foot easement located along the most southerly boundary of the said parcel of land to be used as a pedestrian walkway and drainage easement in accordance to the provisions of the Municipal Act. (2) THAT the Reeve and Administrator/Clerk-Treasurer be authorized and instructed to sign all necessary documents in the connection with offering the aforesaid municipal road allowance. (3) THAT the Administrator/Clerk-Treasurer be authorized and instructed to notify adjacent land owners in these matters. CARRIED: Tom Nesbitt Resolution #961022-08 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby schedules a Special Council Meeting for October 28, 1996 at 6:00 pm at the municipal offices to deal with current litigation matters in Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 11. Committee of the Whole Resolution #961022-02 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. 9 CARRIED: Tom Nesbitt, Reeve Resolution #961022-03 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. CARRIED: Tom Nesbitt, Reeve 12. Motion to Adjourn Resolution #961022-04 MOVED BY: Jim Hevenor Approved: November 12, 1996 7/ / /// Tomes itt Reh Davi R. Free Administrator/ erk-Treasurer 10 Village of Port Burwell Minutes Special Council Meeting October 28, 1996 6:00 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor and Councillor Loucks Staff: Administrator/Clerk-Treasurer Guests: Mike Peterson, Legal Counsel Call Meeting to Order Declaration of Conflict of Interest 1. Committee of the Whole Resolution #961028-01 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 #961028-02 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 1 BE IT RESOLVED, the Council of the Village of Port Burwell hereby appoints Ron Bradfield to hold the office of Councillor for the remaining term of Council. CARRIED: Tom Nesbitt, Reeve 2. New Business None. 3. Old Business None. 4. Motion to Adjourn Resolution #961028-03 MOVED BY: Dave Mason Approved: Nove . - 12, 196 P / / / 741,.// Tom ►,esbitt Reeve `♦ David R. Free Administrator/!'erk-Treasurer 3 Village of Port Burwell Minutes Special Council Meeting November 12, 1996 7:00 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Call Meeting to Order Declaration of Conflict of Interest 1. Vacancy on Council Resolution #961112sp-02 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor The Council of the Village of Port Burwell hereby agrees to appoint Ronald Bradfield to fill the vacancy on the Village of Port Burwell Council. CARRIED: Tom Nesbitt, Reeve Form 3 & Form 1 duly executed in accordance with The Municipal Act R.S.O. 1990 c.M. 45, s. 94(1). 2. Old Business None. 3. New Business None. 4. Motion to Adjourn Resolution #961112sp-01 1 MOVED BY: Jim Hevenor Approved: November 26, 1996 i To esti t ti ://4/ Reev David Cee Administrator/ erk-Treasurer 2 Village of Port Burwell Minutes Council Meeting November 12, 1996 7:30 p.m. . Present: Reeve Nesbitt, Councillor Mason, Councilor Hevenor, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Guests: Alan Spicer, Mario Chirico, Henderikus Wassing, Janet & Gary Russell Call Meeting to Order 7:30 pm Declaration of Conflict of Interest Councillor Bradfield Item #11 & #14 1. Adoption of Minutes of Special Council Meeting dated September 26, 1996 Resolution #961112-02 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 September 26, 1996 Special Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated September 26, 1996 None. 3. Adoption of Minutes of Regular Council Meeting dated October 22, 1996 Resolution #961112-01 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the 1 minutes of the October 22, 1996 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated October 22, 1996 None. 5. Delegations Gary &Janet Russell - Letter Dated September 27, 1996 Janet Russell presented to Council petitions to "Save Our Park". Mrs. Russell also identified that she had been in contact with Long Point Region Conservation Authority with her concerns to fill in the East Beach access road along Brock Street. She identified that LPRCA staff had concerns with regard to the filling activities and that these concerns were addressed in a fax memo to Reeve Nesbitt and a telephone conversation with the Administrator/Clerk-Treasurer. Mrs. Russell identified that she had engaged the services of a lawyer and will be continuing fight against the sale of the property for private development. Reeve Nesbitt identified that he had not seen the fax memo and could not comment on its contents. Council accepted the petition for file. Mario Chirico - Elizabeth Street Subdivision - Letter Dated November 7, 1996 Mr. Chirico identified that he had executed a conditional offer for the purchase of the property described as the Elizabeth Street Subdivision. His proposed purchase was on the basis of being able to work with the municipality towards the development of the property in several stages. Mr. Chirico's first concern was to make the existing single family residence suitable for rental in the immediate future in order to generate revenue from the site. Reeve Nesbitt identified that this site was an excellent property for development and as long as the bylaws, legislation and standards are followed there would be the support of Council. Councillor Mason identified that this land could be ideal as a retirement community considering the aging population. 2 6. Correspondence a) Ministry of Agriculture & Food - Changes at OMAFA- A16 MAGF Received & Filed. b) Town of Tillsonburg - Buy A Brick - M03 BRICK Received & Filed. c) DFO - East Pier - Port Burwell Harbour- A16DFO Received & Filed. d) Ontario Sewer &Water Main Construction Association -A01 OSWA Received & Filed. e) Ontario Human Rights Commission - Human Rights Day Resolution #961112-12 MOVED BY: Dave Mason SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby proclaims December 9, 1996 to December 15, 1996 as Human Rights Week in the Village of Port Burwell. CARRIED: Tom Nesbitt, Reeve f) Kenneth Caplan &Associates - M09 Received & Filed. g) Code Blue News - Request for Donation Received & Filed. 3 h) Municipal Matters - L08 96 Received & Filed. i) AMCTO -A01 AMCTO Received & Filed. j) Ontario Municipal Management Institute -AO1 GEN Received & Filed. k) LCBO - Sunday Openings Received & Filed. 1) SWOTA - 1997 Events Listing -A01 SWOT Received & Filed. m) Fall Conference of OMAA-A01 OMAA Received & Filed. 7. Committee Reports a) County The Library amalgamation report has been submitted and there has been concern within Elgin County as to the possible changes of the library system. b) Museum Advisory Committee - Approval of Committee Minutes - Meeting dated October 1, 1996 Resolution #961112-09 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby 4 approves the minutes of the October 1, 1996 Museum Advisory Committee Meeting. CARRIED: Tom Nesbitt, Reeve c) Community Policing No report d) Fire Department No report e) Recreation Advisory Committee Council members were informed that the 1996 Santa Claus Parade will take place on December 7, 1996 at 6:30pm. f) Events Committee No report g) Planning Committee No report h) Otter Valley Trail & Utility Corridor Intermunicipal Committee No report i) Port Burwell - Tillsonburg Communities of Interest Committee No report j) Municipal Key Indicators i) Lottery Licencing Report - Received & Filed ii) "Buy a Brick Campaign" Report - Received & Filed iii) Financial Reporting - Received & Filed 5 iv) Long Term Borrowing Ledger - Received & Filed v) Tax Arrears Report - Received & Filed vi) Municipal Water Consumption Analysis as at October 31, 1996 - Received & Filed vii) Fire Extinguisher Inspections - September, October, 1996 - Received & Filed viii) By-Law Enforcement Report - Received & Filed ix) Building Inspection Report - Received & Filed 8. Bylaws i) By-Law 93-09 - Being a By-Law to revise and to consolidate certain by-laws regulating traffic and the parking of motor vehicles in the Village of Port Burwell - Previously Circulated - Previously Introduced - Previously Tabled October 22, 1996 Councillor Mason suggested revisions to bylaw 93-09 and that the bylaw be tabled again until these proposed revisions can be considered by Council. ii) By-Law 96-41 - Being a By-Law to Stop up and Close a Travelled Road, Part 6 of Registered Plan 11R-6029, in the vicinity of Chatham Street and Tennyson Street. Resolution #961112-07 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 96-41, being a By-Law to Stop up and Close a Travelled Road, Part 6 of Reference Plan 11R-6029 in the Vicinity of Chatham Street and Tennyson Street. CARRIED: Tom Nesbitt, Reeve By-Law Read. a First and Second Time 6 iii) By-Law 96-43 - Being a By-law to provide for the charging of a fee for each tent and trailer site located within the Village of Port Burwell. - Previously Tabled - Memo D. Free - Received & Filed Tabled until November 26, 1996 for more information including phase in of rates and the rates of other municipalities which have executed similar bylaws. 9. Memorial Park & former County Lands (County Road 39 and 42) - Memo D. Free Dated November 8, 1996 - Received & Filed 10. Updated Risk Management within the Village - Memo E. Roloson dated October 31, 1996 - Received & Filed 11. Quote for Appraisals - Memo D. Free - Received & Filed Resolution #961112-11 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to engage the services of Valco Consultants Incorporated to complete appraisal assignments for 21 Robinson Street, Village of Port Burwell and the former CP Rail Lands between Pitt Street and Wellington Street, Village of Port Burwell as per the quotation dated October 29, 1996. CARRIED: Tom Nesbitt, Reeve 12. Adoption of Minutes of Special Council Meeting dated October 28, 1996 Resolution #961112-08 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 28, 1996 Special Council Meeting. CARRIED: Tom Nesbitt, Reeve 7 13. Business arising from Minutes of meeting dated October 28, 1996 None. 14. Review and Approval of Accounts & Cheques Resolution #961112-06 MOVED BY: Gordon Loucks 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 $68,308.51, Council Pay in the amount of $1,137.18, Cheques attached in the amount of $10,383.05 and payroll in the amount of$15,167.64 CARRIED: Tom Nesbitt, Reeve 15. New Business - Memo D. Free Dated October 31, 1996 - Received & Filed - Quote from Kim Husted Surveying - CP Rail Lands - Received & Filed Resolution #961112-09 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason WHEREAS the Village of Port Burwell and the Town of Tillsonburg have jointly purchased the CP Rail Lands known as the Port Burwell Subdivision; and WHEREAS the terms ofthe Memorandum of Understanding have stated that costs will be equally shared by both municipalities. THEREFORE the Village of Port Burwell hereby consents to engage the services of Kim Husted Surveying to survey the said lands for the amount of$16,500.00 to be shared equally by both the Village of Port Burwell and the Town of Tillsonburg. CARRIED: Tom Nesbitt, Reeve 16. Old Business - Letter dated November 6, 1996 Ministry of Health 8 - Draft letter to Township of Bayham - Dated September 27, 1996 - Memo D. Free Dated September 24, 1996 - Received & Filed Council reviewed the correspondence and directed that the draft letter as amended be signed by the Reeve Nesbitt and forwarded to the Reeve of Bayham Township. 17. Committee of the Whole Resolution #961112-03 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. CARRIED: Tom Nesbitt, Reeve Resolution #961112-04 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 18. Motion to Adjourn Resolution #961112-05 MOVED BY: Jim Hevenor 9 Approved: November 26, 1996 Tom Nes itt Reeve Ae ' David R. Free Administrator/ erk-Treasurer 10 Village of Port Burwell Minutes Council Meeting November 26, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Guests: Alan Spicer, Mario Chirico, Rick Wassing and Jeff Vyse Call Meeting to Order Declaration of Conflict of Interest Councillor Bradfield Item #10 1. Adoption of Minutes of Special Council Meeting dated November 12, 1996 Resolution #961126-01 MOVED BY: Gordon Loucks SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the November 12, 1996 Special Council Meeting. CARRIED: Tom Nesbitt, Reeve 2. Business arising from Minutes of meeting dated November 12, 1996 None. 3. Adoption of Minutes of Regular Council Meeting dated November 12, 1996 Resolution #961126-02 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the 1 minutes of the November 12, 1996 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated November 12, 1996 None. 5. Delegations None. 6. Correspondence a) Boy Scouts of Canada -A01 GEN Resolution #961126-16 MOVED BY: Jim Hevenor SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to donate $100.00 to the Port Burwell Boy Scouts of Canada in order to assist in the sponsorship of participants in need of financial assistance. CARRIED: Tom Nesbitt, Reeve b) Boy Scouts of Canada - A01 GEN Received & Filed. c) Middlesex - Elgin Community Leaders' Letter - A01 ECL Received & Filed. d) OCWA - Interim Report - A16 OCWA Received & Filed. 2 e) Ontario Municipal Water Association -A01 OMWA Received & Filed. f) Addiction Research Foundation -A01 GEN Received & Filed. g) House of Commons - A16 GEN Resolution #961126-17 MOVED BY: Dave Mason SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports Bill C-302, a Bill which establishes an official pledge of allegiance to the Canadian Flag. CARRIED: Tom Nesbitt, Reeve h) Mayors of Metropolitan Toronto - A16 GEN Resolution #961126-18 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the position of the Metropolitan Toronto municipalities expressed in their letter dated November 8, 1996 with regards to forced amalgamation. CARRIED: Tom Nesbitt, Reeve i) Corporation of the Village of Blyth- Education Finance Reform-A16 GEN Resolution #961126-19 MOVED BY: Ron Bradfield SECONDED BY: Gordon Loucks 3 BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the Village of Blyth's Tax Reform Campaign and their letter dated October 23, 1996 to the Honourable John Snobelen, Minister of Education. CARRIED: Tom Nesbitt, Reeve j) CCIA- Internet Guide -A03 Received & Filed. k) Ontario Municipal Management Institute -A01 OMMI Received & Filed. 1) LPRCA - 1st Annual Christmas Reception - A16 LPRCA Received & Filed. m) AMO - A01AMO Received & Filed. n) Canadian Soft Drink Association -A01 GEN Received & Filed. o) Ontario Municipal Insurance Exchange - AOl GEN Received & Filed. p) Construct Canada 96' - A04 Received & Filed. q) LPRCA - Possible Acquisition of Dean's Island - A16 LPRCA Received & Filed. 4 r) Corporations Supporting Recycling Received & Filed. s) Regional Cable TV Received & Filed. t) AMCTO - 1996 Ontario Municipal Insurance Survey - A01 AMCTO Received & Filed. u) Philip Utilities - Intended Provincial Sale of OCWA Received & Filed. v) International Great Lakes Mayor's Conference- 1996 Resolutions-A01 GEN Received & Filed. w) DFO - Lighted Buoys Port Burwell Harbour - A16 DFO Received & Filed. x) Bertha Breen - Handicap Parking Received & Filed. 7. Committee Reports a) County The Warden Election is to be held 7:00 pm December 10, 1996. b) Museum Advisory Committee No report. c) Community Policing No report. 5 d) Fire Department No report. e) Recreation Advisory Committee The next meeting is to be held on November 27, 1996. f) Events Committee No report. g) Planning Committee No report. h) Otter Valley Trail & Utility Corridor Intermunicipal Committee No report. i) Port Burwell - Tillsonburg Communities of Interest Committee The next meeting is scheduled for December 28, 1996. 8. Bylaws i) By-Law 96-48 - Being a By-Law to Stop up and Close a Travelled Road, Part 2 of Reference Plan 11R-6029 in the Vicinity of Chatham Street and Cowper Street. Resolution #961126-07 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 96-48, being a By-Law to Stop up and Close a Travelled Road, Part 2 of Reference Plan 11R-6029 in the Vicinity of Chatham Street and Cowper Street. CARRIED: Tom Nesbitt, Reeve 6 By-Law Read a First and Second Time ii) By-Law 96-21 - Being a By-Law to Layout and Establish a Road Allowance known as Hurley Lane. Resolution #961126-08 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 96-21, being a By-Law to Layout and Establish a Road Allowance known as Hurley Lane. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time iii) By-Law 96-50 - Being a by-law Rename certain roads and Streets within the Village of Port Burwell. Resolution #961126-09 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 96-50, being a by-law Rename certain roads and Streets within the Village of Port Burwell. CARRIED: Tom Nesbitt, Reeve By-Law Introduced iv) By-Law 96-18 - Being a by-law to establish a policy for the manner of security for municipal assets, information and personnel. Resolution #961126-10 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason 7 BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 96-18, being a by-law to establish a policy for the manner of security for municipal assets, information and personnel. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed v) By-Law 93-09 - Being a By-Law to revise and to consolidate certain by-laws regulating traffic and the parking of motor vehicles in the Village of Port Burwell - Previously Circulated - Previously Introduced - Previously Tabled Tabled vi) By-Law 96-41 - Being a By-Law to Stop up and Close a Travelled Road, Part 6 of Registered Plan 11R-6029, in the vicinity of Chatham Street and Tennyson Street. - Proposed Resolution #961112-07 - By-Law Read a First and Second Time November 12, 1996 Tabled vii) By-Law 96-43 - Being a By-law to provide for the charging of a fee for each tent and trailer site located within the Village of Port Burwell. - Previously Tabled Tabled 9. Chatham Street Drain - Notice of Appointment - Prepared by D. Free Notice of a public meeting with regard to the Chatham Street Drain is to be mailed to residents on the west side of the Big Otter Creek. 10. Review and Approval of Accounts & Cheques Resolution #961126-06 MOVED BY: Dave Mason 8 SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of ori Burwell hereby approves the financial reporting, accounts payable as amended in the amount of$29,081.99. CARRIED: Tom Nesbitt, Reeve 11. New Business Resolution #961126-11 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks The Council of the Village of Port Burwell hereby approves the allocation of $13,000.00 from the road capital budget to the sidewalks capital budget and $3,000.00 from the roads building capital budget to the office equipment capital budget. CARRIED: Tom Nesbitt, Reeve Resolution #961126-12 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor WHEREAS the Council of the Village of Port Burwell has purchased the railway lands from CP Rail in accordance with By-Law 96-44 and; WHEREAS the Council of the Village of Port Burwell wishes to finance the costs of this land including legal and other expenses incurred through the borrowing of long term debt; The Council of the Village of Port Burwell hereby approves the increase of long term debt to finance the purchase of the CP Rail lands in the amount of$36,089.48 and hereby directs the Administrator/Clerk-Treasurer to make arrangements with the CIBCto have these funds deposited into the Village's bank account. CARRIED: Tom Nesbitt, Reeve 9 Resolution #961126-13 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby appoints Ron Bradfield as the Council representative for the Board of Directors of the Port Burwell Non-Profit Housing Corporation. CARRIED: Tom Nesbitt, Reeve Resolution #961126-14 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks WHEREAS the Corporation of the Village of Port Burwell maintains certain roads within the municipality. Therefore the Council of the Village of Port Burwell hereby adopts Schedule "B" as the official snow plowing schedule for the Village of Port Burwell. CARRIED: Tom Nesbitt, Reeve Resolution #961126-15 MOVED BY: Dave Mason SECONDED BY: Ron Bradfield WHEREAS Lloyal Granger, being a member of the Events Committee has agreed to completely restore the Massey - 35 tractor belonging to the Village of Port Burwell, and; WHEREAS Mr. Granger has agreed that the only cost for the restoration will be needed parts, and; WHEREAS Mr. Granger will sell raffle tickets on the restored tractor for the Port Burwell Recreation and Improvement Society at the various antique tractor shows during 1997, and; 10 WHEREAS for his efforts Mr. Granger wishes the proceeds of the raffle to go towards a charitable cause within the Village of Port Burwell approved by Village Council. BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to turn the ownership of the tractor over to the Port Burwell Recreation and Improvement Society who will deliver it to Mr. Granger for restoration. CARRIED: Tom Nesbitt, Reeve Councillor Bradfield inquired as to the position of Council with respect to providing a light in front of Mr. Louis Toth's home, to be located on a pole at the entrance of Mc Cord Lane. It was identified that Mr. Toth was outside of the municipal limits of Port Burwell and may be well advised to approach the Council of the Township of Bayham. Reeve Nesbitt identified a program initiated in 1992 which solicited donations to directly cover the cost of street light installation upon the specific request of residents. It was resolved that Councillor Bradfield was to identify to Mr. Toth that a street light would cost approximately$450.00 and to make payment immediately in order to enable the installation of the light within the next week. 12. Old Business Councillor Bradfield inquired as to the action plan for the solicitation of monies from the Federal and Provincial government toward the 1997 dredging activities, considering the requirement of Pembina for fifteen feet of depth within the Port Burwell harbour. It was identified that there will likely be no funding available in the foreseeable future from either levels of government. It was also identified that donations had not been received as the result of Mr. Craig's efforts to defray a user charge in favour of donations. A deficit also will need to be funded from tax revenues for the 1996 harbour operations. Councillor Mason suggested a special meeting with Pembina management to determine the requirement and the possibility of the gas processing plant being located in Port Burwell. There is little tax revenue currently received from Pembina and the Lake Erie tax revenues have yet to be resolved. It was resolved that Brian Bolton would be invited to a portion of the 1997 Council Business Planning meeting tentatively schedule during the month of January, 1997 in order to clarify his 11 company's position in these matters including further developments within the community. 13. Committee of the Whole Resolution #961126-03 MOVED BY: Gordon Loucks SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Resolution #961126-04 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 14. Motion to Adjourn Resolution #961126-05 MOVED BY: Gordon Loucks Approved: D• .er 10, 1' 16 T. Nesbitt eeve Davi. R. Free Administrator r erk-Treasurer 12 Village of Port Burwell Minutes Council Meeting December 10, 1996 9:00 p.m. Location: Trinity Parish Hall Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Guests: Alan Spicer, Clayton Waters and John Wiebe - Cyril Demeyere &Associates 1. Call Meeting to Order - 8:40pm Resolution #961210-10 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby appoints Dave Mason as Acting Reeve for the December 10, 1996 Council Meeting. CARRIED: Dave Mason, Acting Reeve 2. Declaration of Conflict of Interest Councillor Bradfield Item #15. 3. Confirmation of Minutes - Council Meeting dated November 26, 1996 Resolution #961210-01 MOVED BY: SECONDED BY: BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the November 26, 1996 Regular Council Meeting. CARRIED: Dave Mason, Acting Reeve 1 4. Business arising from Minutes of meeting dated November 26, 1996 None. 5. Presentations None. 6. Delegations None. 7. Petitions None. 8. Communications a) Canadian Soft Drink Association - A01 GEN Received & Filed. b) Board of Education -A16 ECBOE Received & Filed. c) Heart and Stroke Foundation -A01 GEN Received & Filed. d) OCWA- Quality and Reliability of Service - A16 OCWA Received & Filed. e) Canadian Fire Trucks Received & Filed. f) Elgin St. Thomas Health Unit - A16 ESHU Received & Filed. 2 g) Ontario Medical Association - AO1 GEN Received & Piled. h) MMA - Land Use Planning and Protection Act - A16 MMA Received & Filed. i) London's Hawk Investigations Inc. Received & Filed. j) Verdin Company - Downtown Revitalization - M09 Received & Filed. 9. Committee Reports a) County Council was informed that Harry Mezzenberg, Reeve of Township of Aldborough was elected as Warden. The Committees are to be struck before the new year. b) Museum Advisory Committee -Approval of Committee Minutes - Meeting dated November 5, 1996 Resolution #961210-06 MOVED BY: SECONDED BY: BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the November 5, 1996 Museum Advisory Committee Meeting. CARRIED: Dave Mason, Acting Reeve 3 c) Community Policing No report. Reeve Tom Nesbitt arrived at meeting 9:15pm. and resumed his duties as head of Council. d) Fire Department Resolution #961210-08 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the purchase of high volume hose and charges the Fire Chief to decide which firm will supply the same, based upon the solicited quotes. CARRIED: Tom Nesbitt, Reeve Councillor Hevenor presented quotes with respect to replacing the furnace in the Fire Hall. The Administrator/Clerk-Treasurer cautioned against the replacement considering the requirements of the building code and the Occupational Health and Safety Act. It was directed by Council that quotes be solicited and/or presented with respect the infra red heating system as an alternative to the furnace replacement. e) Recreation Advisory Committee It was reported that the December 7, 1996 Santa Claus Parade was a success and minor modifications may be implemented for the 1997 parade. f) Events Committee The next committee meeting is to be held February 3, 1997 of which planning for the summer activities will commence. g) Planning Committee No report. 4 h) Otter Valley Trail & Utility Corridor Intermunicipal Committee The next committee meeting is to be held December 12, 1996 at the Tillsonburg Council Chambers. Resolution #961210-09 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby appoints Ron Bradfield as a member of the Otter Valley Trail & Utility Corridor Intermunicipal Committee. CARRIED: Tom Nesbitt, Reeve i) Port Burwell - Tillsonburg Communities of Interest Committee - Approval of Committee Minutes - Meeting dated October 10, 1996 Resolution #961210-07 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the October 10, 1996 Port Burwell - Tillsonburg Communities of Interest Committee Meeting. CARRIED: Tom Nesbitt, Reeve j) Municipal Key Indicators i) Lottery Licencing Report - Received & Filed ii) "Buy a Brick Campaign" Report - Received & Filed iii) Financial Reporting -Not Available Until Next Meeting iv) Long Term Borrowing Ledger - Received & Filed 5 v) Tax Arrears Report - Received & Filed vi) Municipal Water Consumption Analysis - Received & Filed vii) Fire Extinguisher Inspections - Received & Filed viii) By-Law Enforcement Report - Received & Filed ix) Building Inspection Report - Received & Filed 10. Consideration of Committee Reports Councillor Mason identified that the Personnel Policy Review Committee had completed the review of the personnel policies as formulated and had submitted their report to the Administrator/Clerk-Treasurer for review. Councillor Mason suggested that the policy could be presented for consideration at the December 17, 1996 Special Council meeting however, the Administrator/Clerk-Treasure expressed his concern that he could not have the document reviewed until January 1997. Council agreed to have the policy reviewed at the first regular council meeting in January. 11. Bylaws i) By-Law 96-48 - Being a By-Law to Stop up and Close a Travelled Road, Part 2 of Reference Plan 11R-6029 in the Vicinity of Chatham Street and Cowper Street. - Previously Circulated - By-Law Introduced by Resolution #961126-07 - By-Law Read a First and Second Time By-Law Tabled ii) By-Law 96-21 - Being a By-Law to Layout and Establish a Road Allowance known as Hurley Lane. - Previously Circulated - By-Law Introduced by Resolution #961126-08 - By-Law Read a First and Second Time By-Law Tabled iii) By-Law 96-50 - Being a by-law Rename certain roads and Streets within the Village of Port Burwell. - Previously Circulated 6 - By-Law Introduced by Resolution #961126-09 By-Law Tabled iv) By-Law 93-09 - Being a By-Law to revise and to consolidate certain by-laws regulating traffic and the parking of motor vehicles in the Village of Port Burwell - Previously Circulated - Previously Introduced - Previously Tabled By-Law Tabled v) By-Law 96-41 - Being a By-Law to Stop up and Close a Travelled Road, Part 6 of Registered Plan 11R-6029, in the vicinity of Chatham Street and Tennyson Street. - Previously Circulated - Proposed Resolution #961112-07 - By-Law Read a First and Second Time November 12, 1996 By-Law Tabled vi) By-Law 96-43 - Being a By-law to provide for the charging of a fee for each tent and trailer site located within the Village of Port Burwell. - Previously Circulated - Previously Tabled By-Law Tabled 12. Christmas Vacation Schedule for Municipal Office The municipal offices will be closed at 12:00 noon on Tuesday, December 24, 1996, all day December 25 & 26, 1996, as well as closed at 12:00 noon Tuesday, December 31, 1996 and all day January 1, 1997. 13. Proposed letter dated December 2, 1996 - Township of Bayham Council directed the Administrator/Clerk-Treasurer to forward the revised letter to Vane Chute, Reeve of Bayham Township. 14. Memo S. Mantel Dated November 26, 1996 - Received &Filed Re: Pre-authorized Payments 7 Based upon the advise of both the Administrator/Clerk-Treasurer and the Deputy Treasurer Council decided that the system of pre-authorized payments through the local bank was not practical or feasible at this time. 15. Review and Approval of Accounts & Cheques Resolution #961210-05 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 $100,168.65, council pay in the amount of $1,207.50, firemens pay in the amount of $2,720.00, payroll in the amount of$11,769.00 and cheques attached in the amount of$1,012.28. CARRIED: Tom Nesbitt, Reeve 16. New Business Resolution #961210-11 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell cancels the December 24, 1996 Regular Council Meeting and schedules the meeting to December 17, 1996. CARRIED: Tom Nesbitt, Reeve 17. Old Business A letter is to be forwarded to Gordon Craig with regards to the solicitation of dredging donations from harbour users. An informal agreement has been struck between the Village of Port Burwell, Port Burwell Legion and the Trinity Anglican Church to have the cenotaph location moved to the Anglican Church property located on Wellington Street. The Administrator/Clerk-Treasurer advised that the location should have an easement including a legal survey and agreement which would be registered on title to articulate 8 the terms of responsibility of all parties in order to avoid misunderstanding in future years. The Administrator/Clerk-Treasurer addressed the issue of winter coverage for the municipality and asked that Council provide direction with respect to remuneration. Councillor Mason identified that the matter was addressed in the Personnel Policies and suggested that Council consider adopting the section of the policy in advance. The Administrator/Clerk-Treasurer suggested that the matter be deferred until the policies were reviewed however, the decision of Council in the form of remuneration is to be retroactive to December 1, 1996 considering that "on call" procedures had started for the month of December. Council consented to the proposal and directed that the matter be referred to the first regular Council meeting in 1997. 18. Committee of the Whole Resolution #961210-02 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Resolution #961210-03 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. CARRIED: Tom Nesbitt, Reeve 19. Adjournment Resolution #961210-04 MOVED BY: Gordon Loucks 9 Approved.: Deee*nber 17, 1996 Ir` /sO‘214 01 r#7 Tom Neitt Reeve • � 4 - — David R. Free Administrator/Cl= -Treasurer 10 Village of Port Burwell Minutes Special Council Meeting December 10, 1996 7:30 p.m. Location: Trinity Parish Hall Present: Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Guests: Alan Spicer, Clayton Waters - County of Elgin, John Wiebe - Cyril Demeyere & Associates, Martin &Ursula Rauh, Rick Wassing, Rudolf Zacharias, Ed & Lorraine Bradt, Jim &Joanne Tait, John Shaddock, Dan Pulham, Bob Newman - Ministry of Transportation and Frank Trittler Regrets: Reeve Nesbitt 1. Call Meeting to Order 7:30 pm Resolution #961210sp-01 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby appoints Dave Mason as Acting Reeve for the December 10, 1996 Special Council Meeting. CARRIED: Dave Mason, Acting Reeve 2. Declaration of Conflict of Interest None. 2. Presentations John Wiebe - Cyril Demeyere &Associates - Agenda Prepared by Cyril Demeyere &Associates Attached - Resolution 951212-08 - Form 5, Dated December 12, 1995 Acting Reeve Mason identified that the Special Council meeting was called as a matter of order with respect to the Drainage Act and the procedures initiated by Council through resolution#951212-08. Acting Reeve Mason introduced Mr.John 1 Wiebe of Cyril J. Demeyere Associates Limited who would conduct the public input portion of the meeting. Mr.John Wiebe, P. Eng. described for the public the procedures under the Drainage Act for the benefit of those assembled and purpose for this evenings meeting. It was identified that the meeting is described as a site meeting and was to obtain input from property owners with respect to the existing conditions and problems in order that a solution or solutions can be derived. Mr. Wiebe asked for input from those present. Jim Tait, Lot 36 Chatham Street stated that water lays in the ditch along Chatham Street as well as under her house. Jack Shaddock located at the corner of Homer and Addison Streets stated that water lays across the street and is a mosquito habitat. Mr. Shaddock also said that the new drain on Addison Street is too high to capture the water at this end. Lorraine Bradt, located at the end of Southey and Chatham Street said that water lays on their property. Mrs. Bradt also wanted to know why other drains were not shown. John Wiebe stated that all existing systems are shown on the drawings provided. Martin Rauh stated that he had no problem with a new line crossing his property. Jack Shaddock also stated that he wanted basements to connect to the proposed drain. John Wiebe recommended that sump pumps be allowed to connect but gravity drains from residential tiles would not be permitted. These drains would not be permitted as under sewage storm situations the gravity drains would back up. He also asked for a "Ball Park" estimate for total cost . Lorraine Bradt questioned if Councillor Hevenor had a drain in front of his house. Councillor Hevenor responded that there was a drain constructed by the County of Elgin in 1968. Engineer John Wiebe suggested that this portion of the meeting close considering the input from the residents which would be used in a another step of the process of which includes a preliminary design and costing of a drainage system for this area of the community. 4. Delegations None. 2 5. New Business None. 6. Old Business None. 7. Adjournment Resolution #961210-02 MOVED BY: Jim Hevenor Approved: Fe ary 11,if / Tom N itt Reeve /4- AAP David . Free Administrator Jerk-Treasurer 3 Village of Port Burwell Minutes Council Meeting December 17, 1996 6:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Guests: None 1. Call Meeting to Order 6:33 pm 2. Declaration of Conflict of Interest 3. Confirmation of Minutes - Council Meeting dated December 10, 1996 Resolution #961217-01 MOVED BY: Ron Bradfield SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the December 10, 1996 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated December 10, 1996 None. 5. Presentations None. 6. Delegations None. 1 7. Petitions None. 8. Communications a) Public Works and Government Services Canada Received & Filed b) 1997 Annual Economic Developers Council of Ontario Conference - A04 Received & Filed c) SWOTA - 1997 Promotional Package - A01 SWOT Received & Filed d) EnviroMicrobial Services Inc. - Bacti Testing Received & Filed e) Rooftops Received & Filed f) Conestoga-Rovers &Associates - Green Lane Environmental Group Received & Filed g) ROMA Insurance Program - A01 ROMA Received & Filed h) County of Elgin - Cooperation in Road Department Operations Received & Filed i) Potpourri - Aylmer Museum Newsletter - AO1GEN Received & Filed 2 j) Jardine OME Ltd - Rural Ontario Municipal Association Received & Filed k) Break Open Ticket Program Management Alliance - A01 GEN Resolution #961217-09 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield WHEREAS Bill 75, the Alcohol, Gaming and Charity Funding Public Interest Act, 1996 provides for the introduction of Video Lottery Terminals (VLT's) in establishments licensed to serve alcohol; AND WHEREAS the Corporation of the Village of Port Burwell is concerned about the social and economic costs of wide-spread introduction of VLT's into our communities; AND WHEREAS the Corporation of the Village of Port Burwell is concerned about the lack of reference to local Government consultation with respect to the placement of VLT's; AND WHEREAS the introduction of VLT's will have a major negative impact on charitable gaming revenue for charities which allows them to carry out their work within the municipality; AND WHEREASthe legislation does not guarantee that the revenue losses suffered by charities in our communities will be made up by revenue from VLT's. AND WHEREAS the legislation does not guarantee that the municipality will be compensated for the related losses in revenue from lottery licensing; AND WHEREAS the local municipality will be required to support additional policing and social service costs resulting from the widespread introduction of VLT's; BE IT RESOLVED, THAT the Council of the Village of Port Burwell is opposed to the extension of Video Lottery Terminals beyond race tracks and charity casinos and is proud to become part of the movement that says 'NO' 3 to Video Lottery Terminals in our community. CARRIED: Tom Nesbitt, Reeve 1) House of Commons - COO FEDL Received & Filed 9. Committee Reports a) County No Report. b) Museum Advisory Committee No Report. c) Community Policing No Report. d) Fire Department No Report. e) Recreation Advisory Committee No Report. f) Events Committee No Report. g) Planning Committee No Report. h) Otter Valley Trail & Utility Corridor Intermunicipal Committee No Report. 4 i) Port Burwell - Tillsonburg Communities of Interest Committee No Report. j) Lower Big Otter Remedial Action Project Intermunicipal Committee (LB ORP) Councillor Hevenor identified that there was a meeting December 9, 1996 at the offices of Bayham Township. Projects were identified for the forthcoming fiscal year of which Port Burwell is to submit a budget for further analysis of methods for dredging the harbour. 10. Consideration of Committee Reports None. 11. Bylaws i) By-Law 96-49 - Being a By-Law to appoint Brian M. I. Budarick, Chartered Accountant as the Municipal Auditor. Resolution #961217-05 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 96-49, being a By-Law to appoint Brian M. I. Budarick, Chartered Accountant as the Municipal Auditor. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed ii) By-Law 96-51 - Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Brian M. I. Budarick, Chartered Accountant for Audit Services for the fiscal year of 1996. Resolution #961217-06 5 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 96-51, being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Brian M. I. Budarick, Chartered Accountant for Audit Services for the fiscal year of 1996. CARRIED: Tom Nesbitt, Reeve By-Law React. a First and Second Time By-Law Read. a Third Time and Finally Passed iii) By-Law 96-48 - Being a By-Law to Stop up and Close a Travelled Road, Part 2 of Reference Plan 11R-6029 in the Vicinity of Chatham Street and Cowper Street. By-Law 96-21 - Being a By-Law to Layout and Establish a Road Allowance known as Hurley Lane. By-Law 96-50 - Being a by-law Rename certain roads and Streets within the Village of Port Burwell. By-Law 93-09 - Being a By-Law to revise and to consolidate certain by-laws regulating traffic and the parking of motor vehicles in the Village of Port Burwell By-Law 96-41 - Being a By-Law to Stop up and Close a Travelled Road, Part 6 of Registered Plan 11R-6029, in the vicinity of Chatham Street and Tennyson Street. By-Law 96-43 - Being a By-law to provide for the charging of a fee for each tent and trailer site located within the Village of Port Burwell. Above By-Laws have been tabled until January 14, 1996 Council Meeting iv) By-Law 96-52 - Being a by-law to amend bylaw 96-40 being a bylaw to establish a Water System Reserve Fund for the Municipality within the general reserve fund. Resolution #961217-08 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason 6 BE IT RESOLVED, the Council of the Village of Port Burwell hereby gives leave to introduce bylaw 96-52 being a by-law to amend bylaw 96-40 being a bylaw to establish a Water System Reserve Fund for the Municipality within the general reserve fund. CARRIED: Tom Nesbitt, Reeve By-Law Read. a First and Second.Time By-Law Read. a Third,Tirne and. Finally Passed. 12. New Business Resolution #961217-06 MOVED BY: Ron Bradfield SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to hold a business planning meeting January 25 and 26, 1997 at Port Dover. CARRIED: Tom Nesbitt, Reeve Resolution #961217-07 MOVED BY: Gordon Loucks SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby transfers $15,000 from Working Capital to operating funds considering the low level of taxes receivable for the past 3 years. CARRIED: Tom Nesbitt, Reeve 13. Old Business None. 14. Committee of the Whole No Report. 7 15. Adjournment Resolution #961217-04 MOVED BY: Dave Mason Approved: January 997 2 if gQ16(/11//1/ Tom Nesbit , Reeve David R. Free,)/ inistrator/Clerk-Treasurer 8 Village of Port Burwell Minutes Special Council Meeting December 17, 1996 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Guests: Alan Spicer 1. Call Meeting to Order 8:25pm 2. Declaration of Conflict of Interest None. 2. Opening Remarks Re: By-Law 96-41 - Being a By-Law to Stop up and Close a Travelled Road, Part 6 of Registered Plan 11R-6029, in the vicinity of Chatham Street and Tennyson Street. - By-Law Previously Circulated 4. Presentations None. 5. Delegations None. 6. Communications None. 7. Petitions None. 1 8. New Business None. 9. Old Business None. 10. Adjournment Resolution #961217sp-0l MOVED BY: Jim Hevenor Approved,: Ja 7ry 14, 97 4ei 77/6ivg'/7/ Tom esbitt, Reeve Davi R. Free ministrator/Clerk-Treasurer 2