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HomeMy WebLinkAboutPort Burwell Council Minutes 1997 Village of Port Burwell Minutes 1 - C ! Council Meeting January 14, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Guests: John & Noralee Shelley, Kenneth Duggan, Tom Millard - Fire Chief, Sam Taylor, Deputy Fire Chief and Allan Spicer 1. Call Meeting to Order 7:30 pm 2. Declaration of Conflict of Interest Councillor Bradfield item #14 3. Confirmation of Minutes Resolution #970114-01 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 17, 1996 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve Resolution #970114-08 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 December 17, 1996 Special Council Meeting. CARRIED: Tom Nesbitt, Reeve 1 4. Business arising from Minutes of meetings dated December 17, 1996 Councillor Hevenor asked the Administrator/Clerk-Treasurer if the information requested by the LBORP Committee was sent to the appropriate parties. The Administrator/Clerk-Treasurer identified that the information had been mailed during the week of December 28, 1996 to Jim Oliver of LPRCA. 5. Presentations None 6. Delegations Noralee Shelley - 10 Chatham Street - Letter dated January 2, 1997 Mr. Ken Duggan, a lawyer representing Mr. and Mrs. Shelley expressed concern on behalf of his clients that the Road Closing process was not being conducted in accordance with the Municipal Act. Mr. Duggan suggested that there was little room on either side of his clients property to permit vehicle access in order to retrieve his boat which he stores at the back of his property. Reeve Nesbitt explained that the process as far as the municipality is concerned is not complete and will be followed in accordance with the Municipal Act. 7. Petitions None. 8. Communications a) Organization of Small Urban Municipalities - A01 OSUM Received & Filed. b) Green Lane Letter Received & Filed. c) DFO - Port Burwell Harbour - A16 DFO Received & Filed. 2 d) KPMG Consulting - A05 Received & Filed. e) MMA - 1997 Annual Repayment Limit - A16 MMA Received & Filed. f) The Rural Review- A01 ROMA Received & Filed. g) Township of Tiny - Request for Resolution of Support - C10 Received & Filed. 11) MTO - Changes within MTO - A16 MTO Received & Filed. i) MNR - Renewal of Land Use Permit - A16 MNR Resolution #970114-10 MOVED BY: Dave Mason SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs that the Land Use Permit between the Ministry of Natural Resources and the Village of Port Burwell be executed. CARRIED: Tom Nesbitt, Reeve j) AMO - 1997 Membership Notice - A01 AMO Received & Filed. k) Canada-Ontario Business Call Centre - AOl GEN Received & Filed. 3 1) Municipal Retirees Organization Ontario -A01 GEN Received & Filed. m) Siskind, Cromarty, Ivey & Dowler - L08 Received & Filed. n) Electronic Arts - Elgin County Visitor's Guide Resolution #970114-09 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to purchase a half-page advertisement in the "Elgin County Just Down the Road" 1997 Brochure for$575.00. CARRIED: Tom Nesbitt, Reeve o) MMA- A16 MMA Received & Filed. p) CSDA- A01 GEN Received & Filed. q) Ontario Healthy Communities - A01 GEN Received & Filed. r) AECL Concept Review Received & Filed. s) Cyril J. Demeyere Limited - Request for information & comments - Class Environment Assessment - Straffordville - Class Environment Assessment - Eden 4 Council directed that a formal response be developed, approved and forwarded. t) Ontario Good Roads Association - Annual Conference - A04 Received & Filed. u) MFOA - A01 MFOA Received & Filed. 9. Committee Reports a) County The County Restructuring Committee meeting is scheduled for January 23, 1997 at a location to be announced. b) Museum Advisory Committee None. c) Community Policing None. d) Fire Department Resolution #970114-12 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to purchase Air Packs during 1997 as per the quotation from ResQTech dated August 9, 1996 in the amount of$6,486.00. CARRIED: Tom Nesbitt, Reeve 5 e) Recreation Advisory Committee No Report. f) Events Committee No Report. g) Planning Committee No Report. h) Otter Valley Trail & Utility Corridor Intermunicipal Committee Approval of Minutes of Committee Meeting dated December 12, 1996 Resolution #970114-06 MOVED BY: Ron Bradfield SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the December 12, 1996 Otter Valley Trail & Utility Corridor Committee Meeting. CARRIED: Tom Nesbitt, Reeve 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-Available for January 28, 1997 Meeting iv) Long Term Borrowing Ledger - Available for January 28, 1997 Meeting 6 v) Tax Arrears Report-Available for January 28, 1997 Meeting 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 None. 11. Memo D. Free dated January 10, 1997 re: OCWA - Draft Agreement - Received & Filed - Letter Township of Malahide dated January 6, 1996 - Received & Filed 12. Personnel Policy Council is to review the policy and provide their comments accordingly. 13. Bylaws i) By-Law 97-01 - Being a by-law to authorize a levy prior to the adoption of the annual estimates. Resolution #970114-07 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 97-01, Being a by-law to authorize a levy prior to the adoption of the annual estimates. CARRIED: Tom Nesbitt, Reeve By-Law React. a First and Second Time By-Law Read a Third.Time and Finally Passed 7 ii) 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. All by-laws above have been tabled. 14. Review and Approval of Accounts & Cheques Resolution #970114-05 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$40,622.06, payroll for the month of December, 1996 in the amount of$12,064.00, and the cheques attached in the amount of$1,228.16. CARRIED: Tom Nesbitt, Reeve 15. New Business Resolution #970114-11 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield 8 AND RESOLVED THAT the proposal by IMC Consultants on the Otter Valley Utility Corridor and Recreational Trail be approved in principle as recommended by the Otter Valley Utility Corridor and Recreation Trail Joint Committee, subject to application for grants. CARRIED: Tom Nesbitt, Reeve 16. Old Business - Memo D. Free dated January 9, 1997 re: Radiant Heating for Fire Hall The Administrator/Clerk-Treasurer addressed the obligation of the municipality to comply with the Building Code and Occupational, Health and Safety Act. In the opinion of the Administrator/Clerk-Treasurer and upon consulting with other officials the Fire Hall was an industrial/institutional establishment. Considering the designation certain criteria was to be followed with respect to heating and ventilating the buildings. The Fire Chief suggested that the Fire Hall was a Commercial establishment and the legislation should not apply. He also suggested that building renovations would be exempt from stringent regulations in favour of Section 11 of the Ontario Building Code. The Administrator/Clerk-Treasurer explained that Section 11 of the Building Code would not apply in this instance considering the use and occupancy as dictated by Section 2 of the Building Code and further clarification from Appendix A of the same. Not withstanding the Occupational, Health and Safety Act for Industrial establishments is clear that industrial buildings must be upgraded to current standards. Council was also reminded and acknowledged the penalties under the Occupational, Health and Safety Act for breach of the same. Council directed that the engineering representative of Sutherland Shultz be contact to meet with the Fire Chief and Deputy Fire Chief to review their proposal and address concerns with respect to the infra red heating system. 17. Committee of the Whole Resolution #970114-02 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield 9 BE IT RESOLVED, the Council of the Village of Port Burwell moves into Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Resolution #970114-03 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. CARRIED: Tom Nesbitt, Reeve 18. Adjournment Resolution #970114-04 MOVED BY: Jim Hevenor Approved: Janua 8, 1997 Tom Nesbitt, Reeve David R. Free, Ad . nistrator/Clerk-Treasurer 10 Village of Port Burwell Minutes Council Meeting January 28, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer 1. Call Meeting to Order 7:30 pm 2. Declaration of Conflict of Interest Councillor Bradfield Item #13 3. Confirmation of Minutes Resolution #970128-01 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 January 14, 1997 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve Resolution #970128-02 MOVED BY: SECONDED BY: BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the December 10, 1996 Special Council Meeting. CARRIED: Resolution Tabled 1 4. Business arising from Minutes of meetings dated December 10, 1996 &January 14, 1997 None. 5. Presentations None. 6. Delegations None. 7. Petitions None. 8. Communications a) Ministry of Agriculture & Food - A16 MAGF Received & Filed. b) OCWA- Al6 OCWA Received & Filed. c) Bruce Smith, MPP - C00 PROV Received & Filed. d) Ontario Good Roads Association - AO1 OGRA Received & Filed. e) County of Elgin - Road Department Minutes -A16 CTY Received & Filed. f) Town of Tecumseh -A16 GEN Resolution #970128-13 2 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the resolution concerning the Association of Municipalities of Ontario passed by the Corporation of the Town of Tecumseh dated January 14, 1997. CARRIED: Tom Nesbitt, Reeve g) Township of Bayham -A16 BAYH Received & Filed. h) Children's Miracle Network Telethon - P09 GEN Received & Filed. i) LPRCA- A16 LPRCA Received & Filed. j) Ontario Heritage Foundation - A16 GEN Resolution #970128-14 MOVED BY: Ron Bradfield SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to nominate Gloria Stephenson and Jim Hevenor for the Heritage Community Recognition Program. CARRIED: Tom Nesbitt, Reeve k) Jardine OME Resolution #970128-07 MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor 3 WHEREAS the Council of the Village of Port Burwell is in receipt of its insurance quotation in the amount of$18,961.59. 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 deductible) in the amount of$18,961.59. CARRIED: Tom Nesbitt, Reeve 1) Workers' Compensation Board Received & Filed. 9. Personnel Policies - Previously Circulated - Roads "On Call" Pay - Memo D. Free Resolution #970128-08 • MOVED BY: Gordon Loucks SECONDED BY: Dave Mason The Council of the Village of Port Burwell hereby accepts Section 506 of the personnel policy which stipulates as follows: Section 506 OVERTIME When operating requirements or other needs cannot be met during regular working hours, employees may be scheduled to work overtime hours. When possible, advance notification of these mandatory assignments will be provided. All overtime work must receive the supervisor's prior authorization. Overtime assignments will be distributed as equitably as practical to all employees qualified to perform the required work. Overtime compensation is paid to all employees in accordance with Federal and Provincial wage and hour restrictions. Overtime pay is based on actual hours worked. Time off on sick leave, vacation leave, or any leave of absence will not be considered hours worked for purposes of performing overtime calculations. Failure to work assigned overtime may result in disciplinary action, up to and including possible termination of employment. 4 Employees required to be on call during winter months (December 1 - March 31) for emergency situations will be compensated for being on stand-by at a flat rate of $70.00 for a seven day period and paid at overtime rates based on actual hours worked with a minimum of two hours charged per each occurrence. CARRIED: Tom Nesbitt, Reeve 10. Committee Reports a) County County Council voted on the re-engineering study and rejected the recommendation as presented by committee of County Council. County Council directed that the committee reconsider the study providing further direction. It was reported that a facsimile received in the municipal offices just prior to the Port Burwell Council meeting that requested a Special County Council meeting February 7, 1997, at 1:00 pm in the County Council Chambers to further discuss the re-engineering study. b) Museum Advisory Committee No Report. c) Community Policing Councillor Mason reported that he had spoke to Mr. Epple with respect to the Community Policing program in Port Burwell and identified that the members are still active. Although they do not hold meetings they survey the community. d) Fire Department No Report. e) Recreation Advisory Committee No Report. f) Events Committee The next meeting will be February 3, 1997 in the Municipal Offices. 5 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) Financial Reporting - Received & Filed ii) Long Term Borrowing Ledger - Received & Filed iii) Tax Arrears Report - Received & Filed 11. Consideration of Committee Reports None. 12. Bylaws i) By-Law 97-02 - Being a Bylaw Authorizing the Borrowing of Money to Meet Current Expenditures Resolution #970128-10 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 97-02, being a by-law authorizing the borrowing of money to meet current expenditures. CARRIED: Tom Nesbitt, Reeve By-Law Read a First and Second Time 6 By-Law Read a Third Time and Finally Passed ii) By-Law 96-50 - Being a by-law Rename certain roads and Streets within the Village of Port Burwell - By-Law Introduced November 26, 1996 By-Law Read a First and Second Time By-Law Read a Third Time and Finally Passed iii) 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 Read a Third Time and Finally Passed iv) 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 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 96-43 - 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. All Above By-Laws Tabled wm VatouV 13. Review and Approval of Accounts & Cheques Resolution #970128-06 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$21,153.15 and the cheques attached in the amount of$11,281.47. CARRIED: Tom Nesbitt, Reeve 14. Ministry of Municipal Affairs 7 - Letter dated January 14, 1997 - Newsletter dated December 13, 1996 Received & Filed 15. Memo D. Free - Sewage Treatment Plant Flows Memo E. Roloson dated January 20, 1997 - Sewage Treatment Plant Flows Received & Filed 16. New Business Resolution #970128-11 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to engage the services of Marshall, Macklin, Monaghan for the assembly of base mapping with respect to the Chatham Street Municipal Drain in the amount of $7225.00 as per the quotation dated January 20, 1997. CARRIED: Tom Nesbitt, Reeve Resolution #970128-12 MOVED BY: Dave Mason SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to purchase brochures for the Village of Port Burwell in the amount of$1,714.00 plus applicable taxes as per the quotation dated January 20, 1997. CARRIED: Tom Nesbitt, Reeve 17. Old Business None. 8 18. Committee of the Whole Resolution #970128-03 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 #970128-04 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 Rise & Report Resolution #970128-09 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby adopts the recommendations of the Administrator/Clerk-Treasurer in the memo dated January 24, 1996 in the matter of salary administration retroactive to January 1, 1997. CARRIED: Tom Nesbitt, Reeve 9 19. Adjournment Resolution #970128-05 MOVED BY: Dave Mason Approved: February 11, 1997 Off_ % = ::::� Tom 1 esbitt, Reeve David h. Free, A. inistrator/Clerk-Treasurer 10 Village of Port Burwell Minutes Special Council Meeting February 3, 1997 4:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer Call Meeting to Order Declaration of Conflict of Interest 1. Special Meeting Resolution Resolution #970203sp-02 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby consents to a special meeting February 3, 1997 to address municipal restructuring with the Town of Tillsonburg. CARRIED: Tom Nesbitt, Reeve 2. Bylaw 97-03 being a bylaw to commence Amalgamation with the Town of Tillsonburg Resolution #970203sp-01 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby introduces bylaw 97-03, being a by-law to authorize an Application to be made to the Minister of Municipal Affairs to initiate procedures under the Municipal Boundary Negotiations Act. CARRIED: Tom Nesbitt, Reeve 1 3. Old Business a) Proposed OCWA Contract Resolution 970203sp-05 MOVED BY: Dave Mason SECONDED BY: Ron Bradfield Whereas Council is in receipt a Draft Agreement from the Ontario Clean Water Agency with respect to the operation of the Elgin Secondary Water System #2, OCWA Project 6-2020-90, and; Whereas upon review of the document Council has several concerns not only with the document but the management of the Elgin Water System in its entirety, and; Whereas history has indicated Port Burwell's concern for the operations of OCWA specifically in our community and the systems of the which manages, and; Whereas we have concerns for contractor managing and operating the public system as financed by the public. The Council of the Village of Port Burwell hereby resolves that an extensive review of the Elgin Water System be commissioned with the purpose to transfer ownership to the City of London or a Board of Management made up of elected and/or appointed persons responsible to all municipalities served by the system. CARRIED: Tom Nesbitt b) Administrator/Clerk-Treasurer Agreement Tabled. c) Environmental Assessment Report Straffordville & Eden - Meeting dated February 6, 1997, Proposed Resolution (previously circulated) Resolution #970203sp-04 MOVED BY: Jim Hevenor 2 SECONDED BY: Gordon Loucks Whereas Council is in receipt the Class Environmental Assessment Reports for the Hamlet of Straffordville and Eden for Sewage and Water Projects, and; Whereas upon review of the document Council has several concerns not only with the document but the planning issues in these municipalities, and; Whereas severances and building have been permitted despite provincial policies and legislation which directed development in communities with infrastructure, and Whereas lack of concern for the provincial policies and the township official plans has contributed to the deteriorated state of the water systems in these communities, and; Whereas recent technologies indicate that remedial solutions seem to be available on a lot to lot basis in Eden and Straffordville, and; The Council of the Village of Port Burwell hereby resolves that local solutions be addressed before expending public monies on environmental systems in Eden and Straffordville. Council also requires that before any connection be permitted on to the Elgin Secondary Water System that a capital contribution be required to the Village of Port Burwell and the users of the said system considering prior expenditures extending the water line to the most easterly communities of Elgin County. CARRIED: Tom Nesbitt 3. New Business None. 4. Motion to Adjourn Resolution #970203sp-03 MOVED BY: Jim Hevenor 3 Approved: February 11, 1997 -- J Tom Nesb' eeve Davie Free, Adm. istratorator/ reasurer 4 Village of Port Burwell Minutes Council Meeting February 11, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Brad Medel - Tillsonburg News and Rick Wassing 1. Call Meeting to Order 7:30 pm 2. Declaration of Conflict of Interest Councillor Bradfield Item #14 Councillor Hevenor Item #13 2. Confirmation of Minutes - Special Council Meeting dated December 10, 1996 Resolution #970211-01 MOVED BY: Gord Loucks SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the December 10 Special Council Meeting. CARRIED: Tom Nesbitt, Reeve - Council Meeting dated January 28, 1997 Resolution #970211-02 MOVED BY: Ron Bradfield SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the 1 minutes of the January 28, 1996 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve - Special Council Meeting dated February 3, 1997 Resolution #970211-03 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the February 3, 1997 Special Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meetings dated December 10, 1996, January 28, 1997 & February 3, 1997 Minutes January 28, 1997 Council Mason expressed concern for the future address on the new Village brouchres to be printed. 5. Presentations None. 6. Delegations None. 7. Petitions None. 8. Communications a) Waste Reduction Branch -A16 GEN Received & Filed. 2 b) Canadian International Dragon Boat Racing Federation Council directed that Councillor Hevenor call the Federation to see if there is interest in staging an event in Port Burwell. c) Elgin - St. Thomas Health Unit - A16 ESHU Received & Filed. d) Ontario Municipal Recreation Association - AO1 OMRA Received & Filed. e) Ontario Family Fishing Weekend - A01 GEN Received & Filed. f) AMO - A01 AMO Received & Filed. g) Township of Keppel -A16 GEN Received & Filed. h) County of Elgin - A16 CTY Received & Filed. i) Ontario Provincial Police - Police Services Act - A16 GEN Received & Filed. j) Spriet Associates - A01 OGRA Received & Filed. k) Recycling Council of Ontario - Awards for Wast Reduction Received & Filed. 3 1) Robert VanNess - D17 AMALG Received & Filed. m) Minister Responsible for Emergency Preparedness -A16 GEN Received & Filed. n) International Great Lakes Mayors' Conference - A04 Received & Filed. o) First Canadian Real Estate Tax Service -A01 GEN Received & Filed. p) Parks & Recreation Ontario -A01 GEN Received & Filed. q) Recycling Review-A01 GEN Received & Filed. r) Conestoga-Rovers &Associates Received & Filed. s) OSUM - A01 OSUM Received & Filed. t) OCWA - A16 OCWA Received & Filed. u) Elgin Municipal Association - AOl GEN Received & Filed. 9. Committee Reports 4 a) County Reeve Nesbitt identified that the special restructuring meeting February 7, 1997 to review the status of restructing that another was considered by County Council 3A option 4A is going to be priced. b) Museum Advisory Committee - Approval of Minutes of Meeting Dated December 3, 1996 Resolution #970211-08 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 December 3, 1996 Museum Advisory Committee Meeting. CARRIED: Tom Nesbitt, Reeve c) Community Policing None. d) Fire Department - Application for Volunteer Fire Fighter -Jake Klassen Resolution #970211-11 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the application for Volunteer Fire Fighter submitted by Jake Klassen. CARRIED: Tom Nesbitt, Reeve e) Recreation Advisory Committee 5 - Memo D. Free Dated February 6, 1997 Re: Council Approval of Recreation Advisory Committee Minutes - Received & Filed 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 - Approval of Minutes of Meeting Dated November 28, 1996 Resolution #970211-09 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the November 28, 1996 Port Burwell - Tillsonburg Communities of Interest Committee Meeting. CARRIED: Tom Nesbitt, Reeve 10. Consideration of Committee Reports None. 11. Bylaws i) By-Law 97-03 - Being a by-law to authorize an Application to be made to the Minister of Municipal Affairs to initiate procedures under the Municipal Boundary Negotiations Act. - By-Law Read a First & Second Time February 3, 1997 6 By-Law Read a Third Time and Finally Passed ii) By-Law 96-48 - Being a By-Law to Stop up and Close a Travelled Road, Part 2 of Reference Plan 11 R-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 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 96-43 - 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-Laws under subsection ii Tabled 12. Intermunicipal Transfer Station - Memo D. Free Dated February 5, 1997 Received & Filed 13. County of Elgin - Municipal Appraisal Sheet Application E3/97 James and Mary Beth Hevenor Council had no concerns with respect to the application. 14. Review and Approval of Accounts & Cheques Resolution #970211-07 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 $36,170.82, Council pay in the amount of$1,386.70, the cheques attached in the amount of$5,804.74 and payroll in the amount of$16,707.95. CARRIED: Tom Nesbitt, Reeve 15. New Business - 29 Brock Minor Variance Application - Memo D. Free Dated February 7, 1997 7 Resolution #970211-10 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor WHEREAS authority to waive the building application fee has been delegated to the Council of the Village of Port Burwell with respect to the Minor Variance Application A/1/96; and WHEREAS the proponent has provided evidence that the building application fee was paid in 1991. BE IT RESOLVED, the Council of the Village of Port Burwell hereby formally waives the building application fee in this matter. CARRIED: Tom Nesbitt, Reeve 16. Old Business None. 17. Committee of the Whole Resolution #970211-04 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 #970211-05 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves out of 8 Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 18. Adjournment Resolution #970211-06 MOVED BY: Dave Mason Approved: February 25, 1997 / i '°fTorn Nk bitt, Reeve ,#12. David R. Free, Ad, inistrator/Clerk-Treasurer 9 Village of Port Burwell Minutes Council Meeting February 24, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Mason, Councillor Hevenor, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Brad Medel - Tillsonburg News and Rick Wassing 1. Call Meeting to Order 7:33 pm 2. Declaration of Conflict of Interest None. 3. Confirmation of Minutes - Council Meeting dated February 11, 1997 Resolution #970224-01 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 February 11, 1997 Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated February 11, 1997 Councillor Mason investigated the possibility of Dragon Boat races for the community however, it seems that the event would be more complex than the municipality can accommodate. 5. Presentations None. 1 6. Delegations None. 7. Petitions None. 8. Communications a) Town of Aylmer -A16 AYLM A letter is to be sent to the Town of Aylmer with respect to their request for contributions towards the recreation facilities. b) Assessment Office -A16 ASS The voting population has been identified at 964 people. The Administrator/Clerk-Treasurer identified that this increase or properly documented survey now provides the opportunity for additional votes at County Council. Reeve Nesbitt is to bring this matter to the attention of the County Clerk. c) OCWA- A16 OCWA Received & Filed d) Heart Beat - A01 GEN Received & Filed e) Motels Ontario -A01 GEN Received & Filed f) GreenLane Environmental - A01 GRLN Received & Filed g) Ontario Recreation Facilities Association - A01 GEN 2 Received & Filed h) Pitch In Ontario -A01 GEN East Beach Clean up for Port Burwell is to be May 6, 1997. Volunteers are requested to meet at the East Beach Washrooms at 9:00 am. i) Canadian Consulate General - A16 GEN Received & Filed j) Ministry of Municipal Affairs & Housing - A16 MMA Received & Filed k) Mariport Group - AO1 GEN Received & Filed 1) Municipal Finance Officers'Association -A16 MFOA Received & Filed 9. Committee Reports a) County A County re-structuring public meeting is to be held on February 25, 1997 at the Trinity Parish Hall. b) Museum Advisory Committee There will be no March meeting. c) Community Policing No Report. d) Fire Department Resolution #970224-09 3 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor The Council of the Village of Port Burwell hereby agrees to commission Totten Sims Hubiclzi Associates as per their quotation dated January 20, 1997 to provide a report with regards to the Firehall Heating System Replacement. CARRIED: Tom Nesbitt, Reeve e) Recreation Advisory Committee The next Meeting is to be held February 26, 1997. 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 Report - Received & Filed iii) Financial Reporting - Received & Filed iv) Long Term Borrowing Ledger - Received & Filed v) Tax Arrears Report - Received & Filed 4 vi) Fire Extinguisher Inspections -January 1997 - Received & Filed vii) By-Law Enforcement Report - no 1997 violations to date viii) Building Inspection Report - no 1997 permits issued ix) Sewage Treatment Flows Report - Received & Filed 10. Consideration of Committee Reports None. 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) Tabled (ii) By-Law 96-21 - Being a By-Law to Layout and Establish a Road Allowance known as Hurley Lane. (previously circulated) Tabled (iii) 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) Tabled (iv) 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) Tabled 12. Aylmer Aces Jr B Hockey Club - request to sell Nevada Tickets at Craiger's Cove. The request to sell Nevada Tickets was discussed and additional information will be required from the Aylmer Aces Jr. B Hockey Club prior to making a decision. 5 13. New Business Resolution #970224-07 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to appoint Donna Lamoure as Acting Deputy Clerk for the February 25, 1997 Special Council meeting only. CARRIED: Tom Nesbitt, Reeve Councillor Mason requested support for an advertisement Lake Erie North Shore Resolution #970224-02 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the purchase of advertising in the Lake Erie North Shore brochure in the amount of $250.00 plus GST. CARRIED: Tom Nesbitt, Reeve 14. Old Business None. 15. Committee of the Whole Resolution #970224-04 MOVED BY: Gord 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 6 Resolution #970224-05 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Rise & Report Resolution #970224-08 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED that due to the uncertainty of restructuring in the County of Elgin the Council of the Village of Port Burwell does hereby declare a moratorium on all Capital expenditures relating to the municipality unless prior approval for that expenditure is received from Council. This Moratorium will be in effect until the 1997 Budget is approved. CARRIED: Tom Nesbitt, Reeve 18. Adjournment Resolution #970224-06 MOVED BY: Gordon Loucks 7 Approved.: March 11, 199- . / . /5:‘,"/ / - /4/ Tom sbitt, Reeve , .; _: Davi(17 Ie free, Adm', istrator/Clerk-Treasurer 8 Village of Port Burwell Minutes Special Council Meeting March 3, 1997 4:00 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Loucks and Councillor Bradfield Regrets: Councillor Mason Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer 1. Call Meeting to Order 4:OOpm 2. Special Meeting - Resolution #970303-01 Resolution #970303sp-01 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to hold a Special Council Meeting Monday, March 3, 1997 at 4:OOpm to address the Elgin County restructuring study. CARRIED: Tom Nesbitt, Reeve 3. Elgin County Re-engineering Study - Proposed Resolution #970303-02 Resolution #970303sp-02 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield BE IT RESOLVED that the Council of the Village of Port Burwell does not support either option 3A or 4A of the Elgin County Restructuring Study. At the February 25, 1997 public meeting concerning the options available, there was overwhelming support by the public for Councils choice to amalgamate with the Town of Tillsonburg. The Council of the Village of Port Burwell requests the support of 1 Elgin County Council in this endeavour. CARRIED: Tom Nesbitt, Reeve 4. New Business Resolution #970303sp-04 MOVED BY: Gord Loucks SECONDED BY: Ron Bradfield BE IT RESOLVED that the Council authorizes the purchase of 3 catch basins plus related drainage supplies and the hiring of a local contractor to assist. This is for the repair of the drainage problem at the corner of Milton &Waterloo Street. CARRIED: Tom Nesbitt, Reeve 5. Old Business None 6. Adjournment - Resolution #970303-03 Resolution #970303-03 MOVED BY: Jim Hevenor Approved: March 11, 1997 -/461Tom Ne iitt, eeve ZDavid . ree, A. inistrator/Clerk-Treasurer 2 Village of Port Burwell Minutes Council Meeting March 11, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Regrets: Councillor Mason Guests: Allan Spicer 1. Call Meeting to Order 7:42 pm 2. Declaration of Conflict of Interest Councillor Bradfield item #14 2. Confirmation of Minutes - Council Meeting dated February 24, 1997 Resolution #970311-01 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 February 24, 1997 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve - Special Council Meeting dated March 3, 1997 Resolution #970311-02 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the March 3, 1997 Special Council Meeting. 1 CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated February 24, 1997 &March 3, 1997 None. 5. Presentations None. 6. Delegations None. 7. Petitions None. 8. Communications a) Booth Newspapers - Kidz Family Travel Brochure Received & Filed. b) Elgin Area Secondary Water System • - 1996 Annual Statement & 1997 Billings Received & Filed. c) County of Elgin - Financial Impact of Mega Week -A16 CTY Received & Filed. d) OPP - Elgin County Community Policing Workshop Received & Filed. e) Ministry of Agriculture & Food -A16 MAGF -Appointment of Weed Inspector Received & Filed. 2 f) Glenn Alward - Renaming of Streets Within Village Received & Filed. g) Minister of Economic Development - MEDT - Ontario Quebec Procurement Agreement Received & Filed. h) Commercial Building Reports -A01 GEN Received & Filed. i) Ministry of Agriculture & Food - A16 MAGF - Rural Info. Guide Received & Filed. j) Ontario Federation of Anglers & Hunters -A01 GEN - Municipal Prohibitions on Firearms Discharge Received & Filed. k) Ontario Heritage Foundation - Heritage Community Recognition Program Council nominated Jim Hevenor and Gloria Stephenson for the award at a prior Council meeting. 1) Baseball Association - Request for Donation Tabled until 1997 budget is reviewed. m) Separate School Board - Notice of Levies Received & Filed. n) Canadian Coast Guard - A16 CCG A letter is to be forwarded to Ontario Hydro directing the supply of hydro for the east pier light. 3 o) Canada Day Grant Application Received & Filed. p) Township of Yarmouth - Resolution re: restructuring Received & Filed. q) OCWA- Al6 OCWA Received & Filed. r) Organization of Small Urban Municipalities of Ontario - A04 Received & Filed. s) Ontario Video Gaming Corporation - AO1 GEN Received & Filed. t) London Region Assessment Office - A16 ASS Received & Filed. u) City of North York - A16 GEN - Impact of Recent Provincial Announcements Received & Filed. 9. Committee Reports a) County County Council accepted proposal 3A with a two thirds majority. The process is now underway to determine the structure of the new municipalities. Port Burwell, Vienna and Bayham Township together are to be one of the new municipalities. There will be 3 wards consisting of South Bayham, North Bayham and Middle Bayham. A mayor will be elected at large. A meeting is scheduled tentatively for the evening of March 13, 1997 at the Bayham Township offices. 4 Resolution #970311-07 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell declares a special meeting of Council March 19, 1997 at 9:00am to consider the Elgin County Re-engineering proposal. CARRIED: Tom Nesbitt, Reeve 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 i) Port Burwell - Tillsonburg Communities of Interest Committee 5 No Report j) Administrator/Clerk-Treasurer's Report No Report 10. Consideration of Committee Reports No Reports 11. Statement of Council Remuneration & Expenses - 1996 - Memo D. Free dated February 28, 1997 - Received & Filed 12. Bylaws (i) By-Law 96-21 - Being a By-Law to Layout and Establish a Road Allowance known as Hurley Lane. By-Law Read a First & Second Time November 26, 1996 By-Law Read a Third Time and Finally Passed (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. (previously circulated) (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 Read a First & Second Time November 26, 1996 By-Law Read a Third Time and Finally Passed (iv) By-Law 97-05 - Being a by-law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into a Joint Venture Agreement with the Corporation of the Town of Tillsonburg. - to be circulated March 11, 1997 Tabled until March 25, 1997 13. Review and Approval of Accounts & Cheques Resolution #970311-06 6 MOVED BY: Gord 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 $82,709.40, Council pay in the amount of 1,355.51, Firemen's pay in the amount of$2,165.00, tax levies in the amount of $81,377.37, payroll in the amount of $12,890.19 and the cheques attached in the amount of$13,723.87. CARRIED: Tom Nesbitt, Reeve 14. Summer Career Placements Application (SEED Students) Tabled for review during the 1997 budget process. 15. New Business Councillor Bradfield expressed concern for the buoys which broke from their moorings during a fall storm. The Administrator/Clerk-Treasurer will call DFO to review the status of repairing the buoys. Councillor Bradfield asked about the status of Pembinas involvement in the community. The Administrator/Clerk-Treasurer is to set up a meeting with Pembina and Council. A date for the meeting is to be announced. Councillor Bradfield asked if there had been a response from the Municipal Lawyer regarding his concerns and proposed resolution for Conflict of Interest. The Administrator/Clerk-Treasurer identified that he had not received the proposed resolution therefore there was no response. The Reeve identified that the proposed resolution should be sent despite the concerns of the Administrator/Clerk-Treasurer. 16. Old Business None. 17. Committee of the Whole None. 18. Adjournment 7 Resolution #970311-05 MOVED BY: Jim Hevenor Approved,: March 25 1997 Zej/fit/ X;'/ Tom esbitt, Reeve David . Free, A. inistrator/Clerk-Treasurer 8 Village of Port Burwell Minutes Special Council Meeting March 19, 1997 9:00 a.m. Present: Reeve Nesbitt, Councillor Hevenor and Councillor Loucks Staff: Acting Clerk Donna Lamoure Regrets: Councillor Mason and Councillor Bradfield Guests: Allan Spicer 1. Call Meeting to Order #970319-02 MOVED BY: Jim Hevenor SECONDED BY: Gord Loucks BE IT RESOLVED, that the Council of the Village of Port Burwell appoint Donna Lamoure as Deputy Clerk for March 19, 1997. CARRIED: Tom Nesbitt, Reeve 2. Municipal Restructuring Proposal Memo from Mark McDonald dated March 17, 1997 Reeve Nesbitt stated that a vote at the County Meeting March 18, 1997 was 24 to 10 in favour of option 3a. Port Burwell voted against 3a in order to pursue Tillsonburg option. Reeve Nesbitt stated that a standard resolution was circulated with the re-structuring package and that every municipality must submit a resolution either supporting or not supporting Option 3a. Reeve Nesbitt also reported that Yarmouth Township has requested a Commissioner. Reeve Nesbitt stated that the meeting held with Bayham officials March 10, 1997 with regards to re-structuring went very well. Resolution MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks 1 WHEREAS, section 25.2(2) of the Municipal Act authorizes a municipality or local body in a locality, to make a restructuring proposal to restructure municipalities; AND if there are any matters included in the attached proposal that the Minister does not have the authority to implement, the Minister is authorized to implement the remainder of this proposal. It is the expectation of the municipalities involved in this restructuring that after the restructuring exercise that the municipalities and local boards will implement on their own any matters that the Minister cannot include in a restructuring order; NOW THEREFORE BE IT RESOLVE, that the Village of Port Burwell does not support the attached restructuring proposal dated March 18th1, 1997 in its entirety. CARRIED: Tom Nesbitt, Reeve 3. Adjournment Resolution #970319-01 MOVED BY: Jim Hevenor Approved: March 25, 1997 (Pik -7( if Tom Nesbitt, Reeve David R Free, Ad ' istrator/Clerk-Treasurer 2 Village of Port Burwell Minutes Council Meeting March 25, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer 1. Call Meeting to Order 7:30 pm 3. Declaration of Conflict of Interest None 2. Confirmation of Minutes - Council Meeting dated March 11, 1997 Resolution #970325-01 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 March 11, 1997 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve - Special Council Meeting dated March 19, 1997 Resolution #970325-02 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 March 19, 1997 Special Council Meeting. 1 CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meetings dated March 11, 1997 &March 19, 1997 Councillor Bradfield suggested that the Department of Fisheries & Oceans should be contacted with respect to repairing and installing the buoys which were damaged in a November 1996 storm. The Administrator/Clerk-Treasurer identified that DFO would be contacted in the immediate future in follow up to their December, 1996 letter. 5. Presentations None. 6. Delegations None. 7. Petitions None. 8. Communications a) County of Elgin -A16 CTY Received & Filed. b) Childcareworks -A01 GEN Received & Filed. c) Tillsonburg Museum/Annandale House -A04 Received & Filed. d) OPSEU -A16 GEN Received & Filed. e) OPP - Police Service Act 2 Received & Filed. f) Town of Godrich - Ontario Hydro Attempt to Unseat London Hydro Commissioners -A16 GEN Received & Filed. g) Ministry of Education & Training -A16 GEN Received & Filed. h) The Traveller Received & Filed. i) Ministry of Municipal Affairs & Housing - Public Sector Salary Disclosure Act -A16 MMA Received & Filed. j) Ontario Clean Water Agency-Al 6 OCWA Received & Filed. k) Corporation of the Town of Belle River -A16 GEN Received & Filed. 1) Minister Without Portfolio Responsible for Seniors -A16 GEN Received & Filed. m) AMO Municipal Alert - A01 AMO Received & Filed. n) Ministry of Agriculture Food and Rural Affairs - Middlesex - Elgin Community Leaders' Letter Received & Filed. 3 o) Charities First Ontario -A01 GEN Received & Filed. p) Corporation of the Town of Ridgetown -A16 GEN Received & Filed. q) Elgin CDC Newsbeat -A01 GEN Received & Filed. r) Ontario Good Roads Association -A01 OGRA Received & Filed. s) Aquatic Life - Water Testing Received & Filed. t) Prime Minister's Update - COO FED Received & Filed. u) Township of Biddulph - Ontario Farm Tax Rebate -A16 GEN Received & Filed. v) DFO -A16 DFO Received & Filed. w) International Road Federation 97 - World Transportation Exposition Received & Filed. x) Canadian National Institute for the Blind -A01 GEN Received & Filed. y) Corporation of the City of St. Thomas -A16 GEN 4 Received & Filed. z) Ontario Museum Association -A01 GEN Received & Filed. 9. Committee Reports a) County A"Made in Elgin" social services plan has been developed by the County and is in the municipal offices for review. The report is extensive and was adopted by County Council March 25, 1997 in order to qualify for provincial funding options. In the affairs of the Elgin County restructuring Yarmouth Township has requested a commissioner to review the County proposal. It has been rumored that the Village of Port Stanley and Village of Belmont have also called for a commissioner. 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 5 No report. h) Otter Valley Trail & Utility Corridor Intermunicipal Committee The next meeting will be held March 27, 1997 at 3:30pm at the Port Burwell municipal offices. i) Port Burwell - Tillsonburg Communities of Interest Committee No report. j) Administrator/Clerk-Treasurer's Report Received & Filed k) Municipal Key Indicators i) Lottery Licencing Report - Received & Filed ii) Buy A Brick Report - Received & Filed iii) Financial Reporting - Received & Filed iv) Long Term Borrowing Ledger - No change from last month - Received & Filed v) Tax Arrears Report - Received & Filed vi) Fire Extinguisher Inspections - February 1997 - Received & Filed vii) By-Law Enforcement Report - No report viii) Building Inspection Report - No report ix) Sewage Treatment Flows Report - No report x) Municipal Water Consumption Analysis - Received & Filed 10. Consideration of Committee Reports No report. 6 11. Bylaws i) By-Law 97-05 - Being a by-law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into a Joint Venture Agreement with the Corporation of the Town of Tillsonburg. - By-Law Tabled at March 11, 1997 Council Meeting -Agreement Previously Circulated Resolution #970325-07 MOVED BY: Dave Mason SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-05, being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a Joint Venture Agreement with the Corporation of the Town of Tillsonburg. CARRIED: Tom Nesbitt, Reeve Tabled. ii) By-Law 97-06 - Being a by-law to authorize the Reeve and the Administrator/Clerk- Treasurer to offer for sale surplus property. - Information to be Circulated at Meeting Resolution #970325-08 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 97-06, being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to offer for sale surplus property. CARRIED: Tom Nesbitt, Reeve By-Law Read a First & Second Time By-Law Read a Third Time and Finally Passed iii) By-Law 9643 - Being a By-law to provide for the charging of a fee for each tent and 7 trailer site located within the Village of Port Burwell. (previously circulated) 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. - Revised Tabled 12. SEED Student Grant Application The application is to be completed applying for 4 students for 1997. 13. LPRCA 1997 Budget &Municipal Levy - 1996 Audited Financial Statements Available for Review Within Office Received & Filed. 14. Aylmer Aces Hockey Club - Financial Information Requested Resolution # Resolution #970325-11 MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the application submitted by the Aylmer Aces Jr. B. Hockey Club to sell Nevada Tickets subject to 10% of the proceeds being donated to the Port Burwell Baseball Association. CARRIED: Tom Nesbitt, Reeve 15. Ministry of Municipal Affairs - Various memos re: new Municipal Act - Proposed Legislative Framework - Proposed Draft Legislation for the Care Parts of New Municipal Act Received & Filed 8 16. Memo D. Free Dated March 21, 1997 re: Occupational Health & Safety Resolution #970325-09 MOVED BY: Dave Mason SECONDED BY: Ron Bradfield WHEREAS the Council of the Village of Port Burwell is in receipt of a memo dated March 21, 1997 from the Administrator/Clerk-Treasurer expressing concern for Occupational Health & Safety in the municipality; and, WHEREAS the Administrator/Clerk-Treasurer has expressed concern on several occasions and Council has taken immediate remedial action as could be afforded by the municipality. BE IT RESOLVED, the Council of the Village of Port Burwell in an effort to comply with the legislation directs the Administrator/Clerk-Treasurer to contact the Ministry of Labour to review the municipal facilities as a measure of compliance with the Occupational Health and Safety Act. CARRIED: Tom Nesbitt, Reeve 17. Memo D. Free Dated March 21, 1997 re: Quotation Compressor Engineering Group Inc. Resolution #970325-10 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks WHEREAS it is necessary to replace one of the blowers for the municipal Sewage Treatment Plant. BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to permit the drawing of$5,000.00 from the Sewage Treatment Plant Reserve in order to purchase and replace an aeration blower for the facility. CARRIED: Tom Nesbitt, Reeve 18. Review and Approval of Accounts & Cheques 9 Resolution #970325-06 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$45,642.40 and the cheques attached in the amount of$6,202.25. CARRIED: Tom Nesbitt, Reeve 19. New Business Councillor Mason expressed concern for the high lake levels of Lake Erie in particular the shore line protection along the east shoreline of the municipality. It was thought that it may be too late to take action to protect the existing shoreline structure. Councillor Loucks expressed concern for fencing protection along the Erieus Street section at the Market Square activity court. Resolution #970325-13 MOVED BY: Dave Mason SECONDED BY: Gord Loucks BE IT RESVOLED, the Council of the Village of Port Burwell hereby agrees to engage the services of Dave Hoy of the Good Time Music Hall to provide entertainment on Saturday, August 2, 1997 for the amount of$642.00 including GST. CARRIED: Tom Nesbitt, Reeve Resolution #970325-14 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to engage the services of the Ingersoll Pipe Band to provide entertainment on Tuesday, 10 July 1, 1997 for the amount of$500.00. CARRIED: Tom Nesbitt, Reeve 20. Old Business - Memo D. Free Dated March 21, 1997 re: Drainage at Intersection of Milton & Waterloo Streets - Received & Filed Councillor Bradfield expressed concern for the moorings left in the lake from the buoys. Municipal Conflict of Interest Councillor Bradfield - a proposed resolution was sent to the municipal lawyer and a response was provided. Resolution #970325-12 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason Whereas the Council of the Village of Port Burwell is desirous of complying with the "Local Government Disclosure of Interest Act, 1994" to avoid conflicts of interest by Councillors; and, Whereas Councillor Ron Bradfield is a director of the parent company "Amtelecom Group Inc.", which has the following subsidiaries; AGI Cablevision Inc.-(including Aylmer Telephone Company, Coldwater Communications, Cambray Telephone Company, Manitoulin Telephone and Taylor Telephone Company) and Information Communication Services (ICS) Inc. (including Insurance Courier Service Inc. - California, S & S Investments Ltd-Alberta, Alltour, and ICS Courier) and AGI Business Services Inc.-Canada (including Kanservu), and; Whereas Councillor Ron Bradfield is the father the Village of Port Burwell Public Works Supervisor, Kevin Bradfield, and; Whereas Councillor Ron Bradfield is the President and Secretary of Bradcranex Inc., and; Whereas Councillor Ron Bradfield may have a conflict of interest in Village of Port Burwell activities with the above named companies and individuals. 11 Therefore be it resolved that the Clerk/Administrator be directed to place all accounts relative to the above named companies and individuals on a separate accounts payable list for councils consideration and to record the above accounts payable list as a separate numbered item on future agendas for council meetings. CARRIED: Tom Nesbitt, Reeve Councillor Loucks expressed concern with respect to the temporary employee recently working for the municipality. His concern was that the employee not a resident of Port Burwell and should have been discharge in February 1997 based upon informal direction of Councillor Louks. Councillor Loucks also expressed that there should be residents in Port Burwell who could perform the works that the temporary employee was observed working and there should be resumes on file. Councillor Loucks also expressed concern that a Public Works employee should be hired with the input of the Public Works Supervisor. Councillor Bradfield expressed the same concern and suggested that informal direction was given to the Administrator/Clerk-Treasurer to discharge the temporary employee on the basis of his residency outside of Port Burwell. The Administrator/Clerk-Treasurer identified that the temporary employee was a coop student under the supervision of Sewage Treatment Plant Operator, Ed Roloson. The coop student has been previously loaned to the Public Works Supervisor who appartently has not made good use of the employees skills and time. The Administrator/Clerk-Treasurer identified that he would respond to the concerns of Councillor Loucks and Councillor Bradfield by memo with regard to this matter. Reeve Nesbitt requested that the Administrator/Clerk-Treasurer discharge the temporary employee immediately. The Administrator/Clerk-Treasurer identified that he would not comply without formal direction as he believed the purpose of the action was an act of discrimination by the Human Rights Code. Councillor Mason identified that he was concerned for the improper procedure which Council was taking. Reeve Nesbitt requested direction on the manner in which a resolution should be drafted and suggested that the resolution should contain a provision that only people within the community will be hired in the future. Councillor Mason cautioned Reeve Nesbitt with regards to this provision. Resolution #970325-13 MOVED BY: Gordon Loucks 12 SECONDED BY: Ron Bradfield The temporary-casual employee of the Village of Port Burwell will be laid off as of the quitting time on Thursday, March 27, 1997. All future employment needs will be advertised in the local media and posted throughout the village. Resumes will be received and candidates interviewed by the Administrator/Clerk-Treasurer and 2 members of Council. CARRIED: Tom Nesbitt, Reeve Councillor Mason expressed his concern that a Personnel Policy has been available for several months and Council has not acted on the document. Reeve Nesbitt suggested that the policy should be reviewed in the immediate future. 21. Committee of the Whole None. 22. Adjournment Resolution #970325-05 MOVED BY: Jim Hevenor Approved: Ap 'l 8, 1997 AtA 411111 Tom es rt, Reeve Agar David R. Free, ' .ministrator/Clerk-Treasurer 13 Village of Port Burwell Minutes Council Meeting April 8, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason, Councilor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer &Valerie Clark - Ministry of Agriculture & Food 1. Call Meeting to Order 7:44pm Resolution #970408-01 MOVED BY: Ron Bradfield SECONDED BY: Dave Mason BE IT RESOLVED that Councillor Jim Hevenor be appointed as Acting Reeve in the absence of Reeve Tom Nesbitt. CARRIED: Jim Hevenor, Acting Reeve 2. Declaration of Conflict of Interest Councillor Bradfield Item #13, 14, 15 2. Confirmation of Minutes - Council Meeting dated March 25, 1997 - Tabled 4. Business arising from Minutes of meeting dated March 25, 1997 None. 5. Presentations 1 6. Delegations Valerie Clark, Rural Community Advisor - Ministry of Agriculture &Food Ms Clark made a presentation to Council in order to update on the role of the Ministry of Agriculture, Food and Rural Affairs in rural economic development. The presentation also increased the awareness of the services the Ministry provides so that they can accessed as needed. Information was left in the office for public access. Alan Spicer - Community Health Clinic - Letter dated April 7, 1997 Mr. Spicer identified that there is a need for a Community Health Clinic considering the potential for the retirement of Dr. Leatherdale in the near future. Council directed that the matter be researched and returned for the April 25, 1997 Regular Council meeting. 7. Petitions None 8. Communications a) Ontario Hydro - A16 - ONTHY Received & Filed. b) OSUM 44th Annual Conference - A04 Received & Filed. c) Recycling Council of Ontario - A01 GEN Received & Filed. d) Community Transportation Action Program -A16 GEN Received & Filed. 2 e) MFOA- Information Available for Review Within Offices -A01 MFOA Received & Filed. f) Fanshawe College - AOl FANS Received & Filed. g) Booth Newspapers - MOl Received & Filed. h) OCWA- Revision - 1996 Financial Information Return Received & Filed. i) Canadian Red Cross - P09 GEN Received & Filed. j) Emergency Preparedness Week - A16 MSG Received & Filed. k) Township of Bayham - 1997 Appointment to LPRCA - Al6 BAYH Received & Filed. 1) 1997 Ontario Senior Achievement Awards & Community Action Awards Received & Filed. m) Port Burwell BTA - 1997 Village Advertisement for Park Tabloid - M01 Resolution #970408-11 MOVED BY: Ron Bradfield SECONDED BY: Gordon Loucks BE IT RESOLVED that the Village of Port Burwell advertise in the Provincial Park/BTA Tabloid in the sum of$100.00. 3 e) Recreation Advisory Committee No Report f) Events Committee Next Meeting April 14, 1997 7:30 g) Planning Committee No Report h) Otter Valley Trail & Utility Corridor Intermunicipal Committee -Approval of Minutes of Meeting Dated January 6, 1997 Resolution #970408-07 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 January 6, 1997 Otter Valley Trail & Utility Corridor Intermunicipal Committee Meeting. CARRIED: Tom Nesbitt, Reeve i) Port Burwell - Tillsonburg Communities of Interest Committee - Approval of Minutes of Meeting Dated January 30, 1997 Resolution #970408-08 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 January 30, 1997 Port Burwell - Tillsonburg Communities of Interest Committee Meeting. CARRIED: Tom Nesbitt, Reeve 5 j) Administrator/Clerk-Treasurer's Report No Report 10. Consideration of Committee Reports None 11. Memo D. Free dated April 3, 1997 re: Ministry of Transportation Letter dated March 20, 1997 The Administrator/Clerk-Treasurer is to send a letter to MTO requesting more money with respect to the short fall concerning the repairs necessary for the Connecting Link. 12. Review of Personnel Policy Tabled 13. Bylaws i) By-Law 97-07 - Being a by-law to establish a Personnel Policy. - Personnel Policy Previously Circulated Tabled ii) By-Law 97-05 - Being a by-law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into a Joint Venture Agreement with the Corporation of the Town of Tillsonburg. - Previously Circulated - By-Law Introduced at March 25, 1997 Council Meeting Tabled 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 Circulated Tabled 6 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. -Amended and presented Tabled 14. Review and Approval of Accounts & Cheques Resolution #970408-05 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$25,178.85, the Council pay in the amount of $1,963.50, payroll in the amount of $13,381.00 and the cheques attached in the amount of$1,106.15. CARRIED: Jim Hevenor, Acting Reeve 15. Approval of Payroll &Amtelecom Payables - Proposed Resolution #970408-10 Tabled. 16. New Business Councillor Mason identified SWOTA has approved partial funding for a Travel Councillor for the Lighthouse Museum. The municipality will be required to pay only approximately$850.00. Councillor Mason requested that James Peterson be given confirmation of a summer position with the municipality. Councillor Loucks suggested that he should have to compete for the position through student manpower. The Administrator/Clerk- Treasurer confirmed the protocol required by the Human Resource Development Corporation. 17. Old Business Reeve Nesbitt resumed his duties at 10:42pm 7 18. Committee of the Whole Resolution #970408-02 MOVED BY: Gord 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 #970408-03 MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 19. Adjournment Resolution #970408-04 MOVED BY: Jim Hevenor Approved: April 1997 //7„//17 / .m Nesbitt, Reeve J- /V42 David R. Free, ` .ministrator/Clerk-Treasurer 8 Village of Port Burwell Minutes Council Meeting April22, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer 1. Call Meeting to Order 7:33 pm 2. Declaration of Conflict of Interest None 3. Confirmation of Minutes - Council Meeting dated April 8, 1997 - To Be Circulated Resolution #970422-01 MOVED BY: SECONDED BY: BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the April 8, 1997 Regular Council Meeting as amended. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meetings dated April 8, 1997 Councillor Mason inquired as to the status of the Bayham Township Health Committee. No research has been completed and no information was available for the meeting. 5. Presentations None 1 6. Delegations None 7. Petitions None 8. Communications a) Ontario March of Dimes -A01 GEN Received & Filed. b) County of Elgin - A16 CTY Received & Filed. c) Ministry of Municipal Affairs & Housing - A16 MMA Received & Filed. d) Ministry of Municipal Affairs & Housing - A16 MMA Received & Filed. e) Dalton McGuinty, CPP - C00 PROV Received & Filed. f) Township of Bayham - Under Serviced Area Designation S08 Tabled until more information is received from the Bayham Committee. g) Township of Bayham - A16 BAYH Received & Filed. 2 h) Canadian Soft Drink Association -A0l GEN Received & Filed. i) Town of Tillsonburg - D06 RAIL Received & Filed. j) Three County Recycling Received & Filed. k) Summer Active Received & Filed. 1) Canadian Soft Drink Association - A0l GEN Received & Filed. m) Guelph's Invitation for Partnership - A04 Received & Filed. n) Town of Gananoque -Al6 GEN Resolution #970422-11 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason The Council of the Village of Port Burwell hereby supports Resolution #123 passed at the April 1, 1997 Town of Gananoque Council Meeting with regards to amending Bill 105 to allow municipalities to enter into agreements with other municipalities to provide all police services required. CARRIED: Tom Nesbitt, Reeve 3 o) Township of Bayham - A16 BAYH Received & Filed. p) Department of Fisheries & Oceans - A16 DFO - Small Craft Harbours Facility (East Pier Evaluation) Received &Filed. q) Elgin Community Development Corporation - AOl GEN Received & Filed. r) Ministry of Environment & Energy - A16 MOEE Received & Filed. s) AMCTO - A01 AMCT Received & Filed. t) F. K. Glaze Consultants Received & Filed. 9. Committee Reports a) County The road closing of Wellington Street between Strachan and Shakespeare commensurate with the Port Burwell School Reunion. Councillor Mason suggested that Port Burwell should join other Elgin Municipalities in requesting a commissioner for the to review the Elgin restructuring study. b) Museum Advisory Committee No Report 4 c) Community Policing No Report d) Fire Department No Report - e) Recreation Advisory Committee A meeting was held on April 9, 1997 and planning commenced with regards to 1997 Tub Daze. f) Events Committee No Report g) Planning Committee No Report h) Otter Valley Trail & Utility Corridor Intermunicipal Committee A public meeting is Scheduled for April 29, 1997 at the Tillsonburg Town Hall. i) Port Burwell - Tillsonburg Communities of Interest Committee No Report j) Administrator/Cleriz-Treasurer's Report No Report k) Municipal Key Indicators i) Lottery Licencing Report - Received & Filed ii) Buy A Brick Report - Received & Filed iii) Financial Reporting - Received & Filed 5 iv) Long Term Borrowing Ledger - Received & Filed v) Tax Arrears Report - Received & Filed vi) Fire Extinguisher Inspections - March 1997 - Received & Filed vii) By-Law Enforcement Report - Received & Filed viii) Building Inspection Report - Received & Filed ix) Sewage Treatment Flows Report - Received & Filed x) Municipal Water Consumption Analysis - Received & Filed 10. Consideration of Committee Reports None. 11. Bylaws i) 97-13 - Being a by-law to set water and sewer user rates in the Village of Port Burwell. Resolution #970422-06 MOVED BY: Ron Bradfield SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-13, 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 & Second Time By-Law Read a Third Time and Finally Passed. ii) By-Law 97-09 - Being a by-law to amend bylaw 96-23 being establish bookkeeping policies. 6 Resolution #970422-07 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 97-09, being a by-law to amend bylaw 96-23 being-a by-law to establish bookkeeping policies. CARRIED: Tom Nesbitt, Reeve By-Law React. a First & Second Time By-Law Read. a Third.Time and Finally Passed Resolution #970422-09 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason Whereas Council has passed bylaw 96-23 being a by-law to establish bookkeeping policies, and; Whereas conflicts of interest by Council members has arisen with respect to presenting accounts payable to all of Council. Be it resolved that the Council of the Village of Port Burwell hereby amends Schedule "A" of bylaw 96-23 section 2.4.1 as follows; 2.4.1 Approval and Verification of Invoices There are certain types of accounts payable that can be paid by the Treasurer without referral to Council. These expenditures include those that are: fixed by bylaw or contract, approved budgets, by-laws or resolutions of Council, debentures, interest due, bills discounted, staff expenses, fixed salaries, hourly wages verified by the Treasurer, postage, duty, utilities, or excise refunds of overpayment, payrolls when certified by the officer authorized to do so, all when due or demanded. Regardless of prior approval, all expenditures are to be brought to the attention of the Council separated and numbered to acknowledge potential 'conflicts of interest as prior declared by Councillors. Regardless of staff effort to acknowledge and separate accounts Councillors shall be 7 responsible to declare any and all conflicts of interest independent of staff efforts to segregate accounts payable. CARRIED: Tom Nesbitt, Reeve iii) By-Law 97-08 - Being a by-law to authorize the Reeve and the Administrator/Clerk- Treasurer_execute documents to acquire the lands and easements associated-with-the water and sewer system including the sewage treatment plant. By-Law Tabled iv) By-Law 97-05 "Revised" Being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a Joint Venture Agreement with the Corporation of the Town of Tillsonburg. - By-Law Introduced at March 25, 1997 Council Meeting By-Law Read. a First Fl Second Time By-Law Read a Third Time and Finally Passed 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 - Previously Circulated By-Law Tabled vi) 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 By-Law Tabled 12. 5 Year Capital Program Resolution #970422-10 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield The Council of the Village of Port Burwell hereby agrees to hold a Special Council Meeting April 28, 1997 at 7:30pm to review the Capital Budget. 8 CARRIED: Tom Nesbitt, Reeve 13. Review and Approval of Accounts & Cheques Resolution #970422-05 MOVED BY:Gord Loucks SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the accounts payable in the amount of $23,814.26 and the cheques attached in the amount of$884.10. CARRIED: Tom Nesbitt, Reeve 14. New Business Councillor Mason expressed concern for the operation of the municipal marina for the 1997 season. Council directed a proposal call to be advertised in the Tillsonburg News, Harbour Lights and Aylmer Express. Councillor Mason addressed the memo from the Administrator/Clerk-Treasurer of Cash Flow difficulties. The Administrator/Clerk-Treasurer further identified and confirmed that the municipality traditionally has cash flow problem during this time of year. 15. Old Business None. 16. Committee of the Whole Resolution #970422-02 MOVED BY: Ron Bradfield 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 9 Resolution #970422-03 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 17. Adjournment Resolution #970422-04 MOVED BY: Dave Mason Approved: May 13, 1997 To esbitt, Reeve David R. Free,;Administrator/Clerk-Treasurer 10 Village of Port Burwell Minutes Special Council Meeting April 28, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer 1. Call Meeting to Order 2. Capital Budget Discussions Reeve Nesbitt inquired of the Administrator/Clerk-Treasurer with regard to the current debt capacity of the municipality prior to discussions of the capital budget. The Administrator/Clerk-Treasurer identified that the municipality was nearing, if not exceeding its debt capacity based upon the current aggressive principle repayment strategy of 5 years for all capital items. It was identified that relief could be brought to this situation while waiting for the dissolution of assets by changing the terms of long term debt. It was also identified that despite any debt relief strategy a 5 year capital budget was a requirement under the municipality's official plan. The Reeve inquired informally among members of Council if there was a desire to incur more debt for projects considering the current financial and political situation. Council members identified that there were projects that needed to be addressed before restructuring and that further debt should be incurred. Reeve Nesbitt directed that a bylaw be prepared to restructure the existing debt to 9 years based upon the positive response that the banking institution CIBC made to the Administrator/Clerk-Treasurer. The 5 year capital document as assembled during the 1996 budget process was circulated to council as the base document. Council reviewed the projects individually and by department. The summary of proposed expenditures for 1997 by department is as follows; a) Transportation Street Lights $6,000 Roads Program $100,000 Street Signs $3,000 1 Sidewalk Replacement 815,000 Total $124,000 b) Harbour c) Recreation d) Fire Air Tanks $2,000 Bunker Suits $4,500 Pager & Radios $500 Truck Accessories $1,300 Fire Hall $120,000 SCBA 86,500 Total $ 168,575 e) Water & Sewer Hydrants $6,000 STP 850,000 Total $ 56,000 f) General Government West Side Stairs $15,000 Public Washrooms 815,000 Total $ 30,000 Total $378,575 3. New Business None 2 4. Old Business None 5. Adjournment Resolution #970428sp-0l MOVED BY: Jim Hevenor Approved: May 27, 1997 /2 Li/V et _ 44,--RAeve des , �c3 rj Rot David r . Free, Administrator/Clerk-Treasurer 3 Village of Port Burwell _ 0 "— Minutes \ 9\ Council Meeting May 13, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Gordon Booth, Jeff Vyse and Gordon Craig 1. Call Meeting to Order 7:35 pm 2. Declaration of Conflict of Interest Councillor Bradfield Item #15 3. Confirmation of Minutes - Council Meeting dated April 22, 1997 Resolution #970513-01 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 April 22, 1997 Regular Council Meeting as amended. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meetings dated April 22, 1997 None 5. Presentations Mr. Craig requested an opportunity to speak at the meeting and Council consented to hear his comments. Mr. Craig identified that monies are forthcoming from the commercial fishermen for the 1996 harbour user fees. 1 Mr. Craig also requested his$3,000 deposit with respect to the 1996 contract for the operation of the municipal clocks. Councillor Loucks identified that he had done an inspection on the docks and noted that repairs were required. 6. Delegations Gordon Booth provided a letter with respect to operating the Black Dock of which he has been actively using for over seven years. Mr. Booth suggested that the area that is known as the Black Dock should be separate from the municipal marina tender. It was also suggested that further improvements in the area could be made. Councillor Mason was concerned for liability insurance of which the Administrator/Clerk- Treasurer identified that the municipality would be required to be named as a third party on the insurance policy. Mr. Booth also identified that he had performed the majority of the maintenance duties even though it was the responsibility of the primary contractor for the municipal marina. Reeve Nesbitt identified that Mr. Booth would be considered when addressing the tender for the municipal docks. 7. Petitions None. 8. Communications a) Bruce & Pam Kipp Resolution #970513-15 MOVED BY: Dave Mason SECONDED BY: Gord Loucks WHEREAS the level of Lake Erie has risen considerably to the paint of threatening the effectiveness of the shoreline protection stone wall to the east of the East Beach. AND WHEREAS the wall has already sustained considerable damage from spring storms, especially in the region of the easterly limits of the wall. AND WHEREAS the continued existence of this wall is vital to prevent the loss of village land. 2 BE IT RESOLVED the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to begin repairs to the wall and the positioning of old sidewalk cement in behind the main structure for support beginning at the east end where the waves are most destructive. And, that this work be commenced as soon as equipment can be safely maneuvered in behind the wall and that the breakwall reserves be accessed for these repairs. CARRIED: Tom Nesbitt, Reeve A letter is to be sent to the persons in the immediate area of the proposed works. b) Indian & Northern Affairs Canada - Pride in Partnership - A16 GEN - Information Available for Review Within Office Received & Filed c) OCWA- the Waterline - A16 OCWA Received & Filed d) National Emergency Number Association - A01 GEN Received & Filed e) Minister of Economic Development Trade & Tourism -A16 MEDT Received & Filed f) Ministry of Municipal Affairs & Housing -A16 MMA Received & Filed g) County of Elgin - A16 CTY - Port Burwell School Reunion Temporary Road Closure Received & Filed h) Ministry of Transportation - A16 MTO Received & Filed 3 i) LPRCA - Al6 LPRCA Received & Filed j) Port Burwell Child Care Centre - A01 GEN Referred to the 1997 Budget k) Ontario Small Urban Municipalities - A04 Received & Filed 1) The New Municipality - A01 GEN Received & Filed m) County of Elgin - A16 CTY- Roads Committee Minutes Received & Filed n) Ontario Healthy Communities - AO1 GEN Received & Filed o) Gar Knutson MP - C00 FED - East Elgin Report Received & Filed 9. Committee Reports a) County Reeve Nesbitt confirmed the resignation of Vane Chute and identified that appointments at county council have yet to be announced. Reeve Nesbitt wished the best for Mr. Chute in his private life. An implementation meeting for the new County is to be held Saturday, May 17, 1997. 4 b) Museum Advisory Committee - Approval of Minutes of Committee Meeting dated April 1, 1997 Resolution #970513-08 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 April 1, 1997 Museum Advisory Committee Meeting. CARRIED: Tom Nesbitt, Reeve c) Community Policing No report. d) Fire Department Application for Volunteer Fire Fighter Resolution #970513-16 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the appointment of Mr. Shawn Tribe to the Port Burwell Volunteer Fire Department. CARRIED: Tom Nesbitt, Reeve e) Recreation Advisory Committee No report f) Events Committee Resolution #970513-18 5 MOVED BY: Gord Loucks SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby appoints the following persons as members of the Port Burwell Events Committee: David Mason - Chairperson Deb Travis - Secretary John Martin Cor Heesters Lloyal Granger Dave Granger Henry Valks Bob Graham Mary Ellen Miller Jim Hevenor Ron Bradfield CARRIED: Tom Nesbitt, Reeve g) Planning Committee No Report h) Otter Valley Trail & Utility Corridor Intermunicipal Committee -Approval of Minutes of Committee Meeting dated March 27, 1997 Resolution #970513-07 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 March 27, 1997 Otter Valley Trail & Utility Corridor Intermunicipal Committee Meeting. CARRIED: Tom Nesbitt, Reeve 6 i) Port Burwell - Tillsonburg Communities of Interest Committee No Report j) Administrator/Clerk-Treasurer's Report No Report 10. Consideration of Committee Reports No Report 11. 1997 Marina Operation - Invitation to Tender - Received & Filed. - Proposed Agreement - Received & Filed. - Letter from G. Booth dated May 6, 1997 - Received & Filed. Resolution #970513-10 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to publicly tender the operation of the Municipal Marina for the 1997 season with the exception of the Black Dock. CARRIED: Tom Nesbitt, Reeve Recorded Vote Resolution #970513-10: Councillor Mason Nay Councillor Hevenor Yea Councillor Bradfield Nay Councillor Loucks Yea Reeve Nesbitt Yea 12. 1997 Grass Cutting Contract - Report Administrator/Clerk-Treasurer - Received & Filed Resolution #970513-14 7 MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor WHEREAS the Village of Port Burwell is in receipt of a report prepared by the Administrator/Clerk-Treasurer with regards to engaging the services of a lawn maintenance company. BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to prepare contracts and appropriate documentation to immediately commission ProMow Lawn Services in the amount of$19,800.00. CARRIED: Tom Nesbitt, Reeve 13. Bylaws i) By-Law 97-08 - Being a by-law to authorize the Reeve and the Administrator/Clerk- Treasurer execute documents to acquire the lands and easements associated with the water and sewer system including the sewage treatment plant. - By-Law Tabled at April 22, 1997 Council Meeting - By-Law to be Circulated - Proposed Resolution #970513-06 Tabled ii) By-Law 97-14 - Being a by-law to authorize the restructuring of long term borrowing Resolution #970513-11 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 97-14, being a by-law to authorize the restructuring of long term borrowing. CARRIED: Tom Nesbitt, Reeve By-Law Read a First & Second Time By-Law Read a Third Time and Finally Passed 8 iii) By-Law 97-10 - Beinga by-law to repeal By-Law 97-05, being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a Joint Venture Agreement with the Corporation of the Town of Tillsonburg. Resolution #970513-12 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-10, being a by-law to amend by-law 97-05, being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a Joint Venture Agreement with the Corporation of the Town of Tillsonburg. CARRIED: Tom Nesbitt, Reeve By-Law Read a First & Second Time By-Law Read.a Third Time and Finally Passed iv) By-Law 97-11 - Being a by-law to authorize the Reeve and the Administrator/Cleriz- Treasurer to enter into a Joint Venture Agreement with the Corporation of the Town of Tillsonburg. Resolution #970513-13 MOVED BY: Jim Hevenor SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-11, being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a Joint Venture Agreement with the Corporation of the Town of Tillsonburg. CARRIED: Tom Nesbitt, Reeve By-Law Read a First & Second Time By-Law Read a Third Time and Finally Passed iv) 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 9 Tabled 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 Defeated 14. Review and Approval of Accounts & Cheques Resolution #970513-05 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 $39,834.06 council pay in the amount of$1,527.75 and the cheques attached in the amount of$4,199.44. CARRIED: Tom Nesbitt, Reeve 15. Review and Approval of Amtelecom Accounts Payable, KanSerVU Accounts Payable and Payroll Resolution #970513-09 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the Amtelecom accounts payable in the amount of$ 800.67, Kanservu accounts payable in the amount of$58.80 and the payroll in the amount of$11,931.00. CARRIED: Tom Nesbitt, Reeve 16. New Business Councillor Bradfield inquired if the municipality would provide a banner for the Port Burwell School reunion. It was suggested that this may be a 1997 budget item. 10 17. Old Business Councillor Loucks inquired about the future of the drain at the end of Robinson Street. The Administrator/Clerk-Treasurer identified that only$40,000 in the form of an unconditional grant was received to complete the connecting link which is significantly less than required to fix the said drain. There environmental concerns for the outfall which would have to be addressed.property and A Budget meeting was scheduled for May 22, 1997 at 4:00 pm. 18. Committee of the Whole Tabled. 19. Adjournment - Resolution #970513-04 MOVED BY: Dave Mason Approved: May 27, 1997 OPDavi. R. Fre-, Administrator/Clerk-Treasurer 11 Village of Port Burwell Minutes Council Meeting May 27, 1997 7:30 p.m. Present: Councillor Hevenor, Councillor Mason, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Betty Lee Loucks, Ron Loucks, Elizabeth Drepaul, Rick Wassing,John Vance, Richard Bradt, Brian Bud/arick, George Allen and Wayne Tribe Absent: Reeve Nesbitt, 1. Call Meeting to Order 7:30pm Resolution #970527-14 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason That Ron Bradfield be named Acting Reeve for the May 27, 1997 meeting of Port Burwell Council. CARRIED: Ron Bradfield, Acting Reeve 2. Declaration of Conflict of Interest Councillor Loucks Item 6 b Councillor Bradfield Item 11 3. Confirmation of Minutes - Council Meeting dated May 13, 1997 Resolution #970527-01 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 13, 1997 Regular Council Meeting. 1 CARRIED: Ron Bradfield -Acting Reeve - Special Council Meeting dated April 28, 1997 Resolution #970527-12 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 April 28, 1997 Special Council Meeting. CARRIED: Ron Bradfield - Acting Reeve 4. Business arising from Minutes of meetings dated May 13, 1997 &April 28, 1997 Councillor Mason inquired with regards to the minutes of the meeting May 13, 1997 and the dates of the execution of the inter municipal agreement between the Town of Tillsonburg and the Village of Port Burwell, as executed by Port Burwell By-Law 97-11. The Administrator/Clerk-Treasurer identified that the copies of the Tillsonburg bylaw and the attached agreement had not been returned, therefore the information was not available. 5. Presentations None 6. Delegations Brian Buddarick - Presentation of 1996 Financial Statements Resolution #970527-17 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason WHEREAS Council is in receipt of the audited 1996 financial statement as prepared by Brian Buddarick, Chartered Accountant, and; WHEREAS upon review of the financial statements and consultation with the 2 Treasurer, the financial statements are deemed to be 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: Ron Bradfield, Acting Reeve Ron & Betty Lee Loucks - Request for Building Permit - 20 Strachan Street Ron Loucks inquired as to the status of his building permit application submitted May 12, 1997. Mr. Loucks identified that based on a conversation with the Building Inspector that the application was tentatively approved however, there was apparent concern from the Administrator/Clerk-Treasurer with respect to planning issues. Acting Reeve Bradfield asked the Administrator/Clerk-Treasurer to address the issue. The delay was in lack of information by the proponent in the form of a grading a site plan. This information requested is standard in all applications. Richard Bradt identified that he had submitted a grading plan on behalf of the proponents suggesting that this plan was all that was necessary. The Administrator/Clerk- Treasurer that the plan as submitted was grossly deficient and suggested that a surveyor or engineer was necessary to formulate the plan for this complicated site. Councillor Mason inquired as what made this site complicated. The Administrator/Clerk-Treasurer identified several factors including existing road grades, the setbacks from road allowances and the drainage course which drains 50 acres of the municipality diagonally bisecting this property. Betty Lee Loucks suggested that this information could be provided by the building inspector, as he had performed similar services on other properties in the community. The Administrator/Clerk-Treasurer suggested that this was not true and based on the concern expressed by Council a report would be provided to clarify matter. She also suggested that this type of survey was unnecessary as the bank only required a foundation location survey for mortgage purposes. Betty Lee Loucks also identified that she had inquired of the municipal offices prior to purchasing the property if the office could see any problems in issuing a building permit for this property. The alleged response from the office, specifically the Administrator/Clerk-Treasurer was that there would be no concern. The Administrator/Clerk-Treasurer stated that the banks requirements were non of his concern as he was bound by the legislation and local bylaws. The 3 Administrator/Clerk-Treasurer emphatically identified that this allegation was not true and stated that the Administrator/Clerk-Treasurer provides advice to council not the public. The proponent Ron Loucks inquired if the Administrator/Clerk- Treasurer was inferring that his mother was a liar, and the Administrator/Clerk- Treasurer re-iterated that "the Administrator/Clerk-Treasurer provides advice to council only, not the public." The proponent Ron Loucks inquired again if the Administrator/Clerk-Treasurer was inferring that his mother was a liar, and the Administrator/Clerk-Treasurer re-iterated that "the Administrator/Clerk-Treasurer provides advice to council only, not the public." Acting Reeve Bradfield inquired of the Administrator/Clerk-Treasurer as to when this report would be available, and the response was by Friday, May 30, 1997. The matter was tabled until council has an opportunity to review the report. Wayne Tribe inquired as to the future arrangements for the docking of boats at the area known as the black dock and expressed concern for proposed bylaw and agreement between council and Gordon Booth. Mr. Tribe was concerned about the amount of work that he had already expended and the operations of the dock were to be done jointly between himself and Mr. Booth. Councillor Loucks suggested that maybe a committee for the dock operations could be formed between the current users. Councillor Hevenor provided that the proposed arrangement without direct payment to the municipality, was to accept improvements to the area instead of money. Also it was the understanding of council that a Mr. Booth had approached council on the basis of consent from the other users. Mr. Tribe indicated that the approach to council was originally to done jointly between himself and Mr. Booth however, he only recently discovered that the application had been made on an individual basis only. Councillor Loucks suggested that the proposed bylaw and agreement may have to be reconsidered later in the evening. 7. Petitions None 8. Communications a) Frank Cowan Company Ltd. 4 Received & Filed. b) Citizens Against Gambling Expansion - Ontario - A01 GEN Received & Filed. c) Information & Privacy Commissioner Ontario Received & Filed. d) Jardine OME Received & Filed. e) Township of West Nissouri - A16 GEN Received & Filed. f) Township of Bayham - L04 TBURG Refer to Tillsonburg - Port Burwell Utility Corridor and Recreation Trail g) Human Resources Development Canada - F11 CEC Received & Filed. 9. Committee Reports a) County No Report b) Museum Advisory Committee No Report c) Community Policing No Report d) Fire Department 5 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 i) Port Burwell - Tillsonburg Communities of Interest Committee No Report j) Administrator/Clerk-Treasurer's Report No Report k) Municipal Key Indicators i) Lottery Licencing Report - Received & Filed. ii) Buy A Brick Report - Received & Filed. iii) Fire Extinguisher Inspections - April 1997 - Received & Filed. iv) By-Law Enforcement Report - Received & Filed. v) Building Inspection Report - Received & Filed. vi) Sewage Treatment Flows Report - Received & Filed. 6 vii) Municipal Water Consumption Analysis - Received & Filed. 10. Consideration of Committee Reports No Report 11. 1997 Marina Operation Acting Reeve Bradfield prior declaring conflict of interest left the council chambers. - Opening of Tenders Resolution #970527-15 MOVED BY: Dave Mason SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby appoints Jim Hevenor as chairperson for the proceedings involving the opening of the marina tenders. CARRIED: Jim Hevenor Resolution #970527-16 MOVED BY: Dave Mason SECONDED BY: Gord Loucks BE IT RESOLVED, that the Council of the Village of Port Burwell hereby accepts the tender offer of Bradcranex to operate the Municipal Marina in accordance to the tender for the amount of$6,000.00. CARRIED: Jim Hevenor, Acting Reeve Resolution #970527-18 MOVED BY: Gord Loucks SECONDED BY: Dave Mason 7 BE IT RESOLVED, that the Council of the Village of Port Burwell hereby reappoints Ron Bradfield as Acting Reeve. CARRIED: Jim Hevenor 12. Shoreline Protection Resolution #970513-15 - Memo D. Free Dated May 21, 1997 - Previously Circulated - Memo D. Free Dated May 22, 1997 Tabled. 13. Quotation from Marshall, Macklin, Monaghan - Proposed Resolution #970527-07 - Memo D. Free Dated May 21, 1997 - Previously Circulated Tabled for consideration of the 1997 Budget. 14. Memorial Park - Memo D. Free Dated May 20, 1997 - Received & Field. 15. Totten Sims Hubicki Associates - Re: Port Burwell Firehall - Referred to the 1997 Budget - Letter Dated May 12, 1997 16. Bylaws i) By-Law 97-15 - Being a by-law to authorize the Reeve and the Administrator/Cleriz- Treasurer to enter into a license agreement with Bradcranex to operate the municipal marina. Resolution #970527-19 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby appoints Gord Loucks as Acting Reeve when entering into an agreement with Bradcranex to operate a marina. CARRIED: Gord Loucks, Acting Reeve 8 Resolution #970527-08 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 97-15, being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a license agreement with Bradcranex Inc. to operate a marina. CARRIED: Gordon Loucks - Acting Reeve By-Law Read a First & Second Time By-Law Read a Third Time and Finally Passed. Resolution #970527-20 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby reappoints Ron Bradfield as Acting Reeve. CARRIED: Gord Loucks, Acting Reeve ii) By-Law 97-16 - Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a licence agreement with Gordon Booth to operate a marina. Tabled iii) By-Law 97-17 - Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Promow Lawn Services for Landscape maintenance services for municipal lands. Resolution #970527-10 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor 9 BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-17, being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Promow Lawn Services for Landscape maintenance services for municipal lands. Recorded Vote Councillor Mason Yea Councillor Hevenor Yea Councillor Loucks Nea Acting Reeve Bradfield Yea CARRIED: Ron Bradfield -Acting Reeve By-Law Read a First fi Second Time Recorded Vote Councillor Mason Yea Councillor Hevenor Yea Councillor Loucks Nea Acting Reeve Bradfield Yea By-Law Read a Third Time and Finally Passed Recorded Vote Councilor Mason Yea Councillor Hevenor Yea Councillor Loucks Nea • Acting Reeve Bradfield Yea iv) 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 Tabled 17. Review and Approval of Accounts & Cheques Resolution #970527-05 10 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$18,200.63 and the cheques attached in the amount of$2,071.73. CARRIED: Ron Bradfield, Acting Reeve 18. New Business Resolution #970527-13 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to donate five bicycle helmets to the 5th Annual Bicycle Roadeo to be held at the Port Burwell Public School June 4, 1997. CARRIED: Ron Bradfield, Acting Reeve Councillor Mason expressed concern with respect to the short notice for the canceled Council meeting May 8, 1997. Acting Reeve Bradfield noted the concern. Councillor Mason indicated that he wanted to identify projects for consideration for the new infrastructure program. Resolution #970527-21 MOVED BY: Dave Mason SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby direct the Administrator/Clerk-Treasurer to apply for an infrastructure grant that would be applied to sidewalk repair and construction. CARRIED: Ron Bradfield, Acting Reeve 11 Councillor Loucks expressed concern for the work on the most southerly portion of Erieus Street. He suggested that all works should be stopped until such time as a plan is developed for this area. Resolution #970527-22 MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED that the Council of the Village of Port Burwell postpone all work at the south end of Erieus street except for the sewing of grass seed until council has had a chance to reevaluate the need for another access to the East Beach when there is already one there. CARRIED: Ron Bradfield, Acting Reeve Resolution #970527-23 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED that the Council of the Village of Port Burwell hereby appoints Reeve Tom Nesbitt and Councilor Ron Bradfield to the Bayham, Vienna, Port Burwell Implementation Committee. CARRIED: Ron Bradfield, Acting Reeve Resolution #970527-24 MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor WHEREAS the Village of Port Burwell has been awarded two tourism students through the Canada Employment Centre with hourly subsidy of$4.25/hour and a start date of May 12 and June 23, 1997. AND WHEREAS James Peterson has been hired to fill the first position start date. BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the 12 Administrator/Clerk-Treasurer to fill the second position beginning June 23, 1997 and that he direct the interviewing for this position as soon as possible so that preferred persons are still available. This person to receive the pay rate in accordance as that prescribed by the Administrator/Clerk-Treasurer, or the basic wage scale for summer students as prescribed by the provincial government. CARRIED: Ron Bradfield, Acting Reeve Resolution #970527-25 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor WHEREAS James Peterson is assuming the responsibilities of assisting with village events throughout the summer as well as directing the tourism and museum responsibilities. AND WHEREAS James Peterson has proven himself to be very capable of dealing with these responsibilities. BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to pay James in accordance with the base pay rate for the Village of Port Burwell retroactively to his start of employment in 1997 and that he assume the title of Summer Recreation & Culture Director. CARRIED: Ron Bradfield, Acting Reeve 19. Old Business None. 20. Adjournment Resolution #970527-04 MOVED BY: Dave Mason 13 Approved.: June 10, 1997 7/ y.,/ ...p./-,(' eac.--- ,f, 7-- Tom Ne it{,Yleeve David R. Free, Ainistrator/Clerk-Treasurer 14 Village of Port Burwell Minutes Council Meeting June 10, 1997 6:00 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Betty Lee Loucks, Ron Loucks, Dwayne Blanchard - Department of Fisheries of Oceans 1. Call Meeting to Order 6:20 pm Resolution #97010-02 MOVED BY: Jim Hevenor SECONDED BY: Gord Loucks BE IT RESOLVED, the Councilof the Village of Port Burwell moves into Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Resolution #970610-03 MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell moves out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 2. Declaration of Conflict of Interest Councillor Bradfield Item #14 Councillor Loucks item #6 1 3. Confirmation of Minutes - Council Meeting dated May 27, 1997 Resolution #970610-01 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 May 27, 1997 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meetings dated May 27, 1997 Councillor Mason inquired with regard to item 18 on the minutes and when the next budget meeting was to be scheduled. The Reeve identified that a date should be set under New Business. 5. Presentations Township of Bayham Health Committee Bayham Reeve Joe Volkaert and Councillor Wayne Casier appeared before council in accordance with an invitation sent to the council of the Township of Bayham to provide information with regard to the Bayham Health Committee. Mr. Casier identified that their committee was started as an effort to bring a doctor to Straffordville to service Bayham Township. Reeve Volkaert acknowledged the work that Dr. Leatherdale had done in the past and the possibility of his retirement considering his years of service. Mr. Volkaert also identified that Dr. Leatherdale is a member of committee and is in favour of another doctor in the area. Doctor Leatherdale is a member of committee which consists of other citizens of Bayham Township and members of council. Councillor Casier identified that in establishing the Health Committee they used Port Rowan as a model as recommended by the Thames Valley Health Council. Bayham is in its final stages of completing the application as an under serviced area. Reeve Volkaert identified that the application for designation as an under serviced area was to obtain financial incentive for a new doctor to the area. Councillor Hevenor inquired as to what areas are included in the under serviced application. 2 Reeve Volkaert identified that Bayham, Vienna and Port Burwell were all included in the application. Reeve Nesbitt asked if any members of the Port Burwell Council had time to participate in the health committee of which there were no volunteers. The next meeting for the committee is July 14, 1997 at the Bayham municipal offices. 6. Delegations Dwayne Blanchard - Department of Fisheries & Oceans 6:20 pm Ron &Betty Lee Loucks - a request was made to be heard with regards to a building permit application. Council consented to hear their concerns. Ron Loucks identified that a grading plan was delivered to the municipal office in accordance with the requirements of the municipal bylaws. Mr. Loucks inquired when his permit would be issued. Reeve Nesbitt identified that council did not have the authority to interfere with provincial legislation and that building matters are outside the authority of council. Reeve Nesbitt asked the building inspector to provide insight into the matter. The Building Inspector identified that he had only received the grading plan at 1:30 pm that day and had not had an opportunity to review the drawing. Betty Lee Loucks inquired if the said grading plan had been submitted to the municipal engineer. Reeve Nesbitt did not know that the drawing had been submitted to the engineer and referred to the Administrator/Clerk-Treasurer for a response.The Administrator/Clerk-Treasurer confirmed that the subject grading plan had been delivered to the municipal engineer. Mrs Loucks inquired why the plan had been submitted to the engineer. The Reeve referred the question to the Administrator/Clerk-Treasurer and the response was to protect the interest of the municipal corporation in reviewing the application by the proponent. Betty Lee Loucks claimed that council had guaranteed that a building permit would be issued upon the completion of the grading plan. Councillor Mason identified that there was no such guarantee made. Mrs. Loucks inquired as to who was in charge of the municipality, council or the Administrator/Clerk-Treasurer. Reeve Nesbitt identified that staff would address the permit application as soon as possible. Ron Loucks identified that all he wanted was to start building his house in order that he and his future bride can have a place to live and requested cooperation and 3 assistance from council and staff. 7. Petitions None. 8. Communications a) Alzheimer Society of Elgin - St. Thomas -AOl GEN Received & Filed b) AMO - AO1 AMO Received & Filed c) Frank Cowan Company Ltd. Received & Filed d) Canada/Ontario Infrastructure Works - Guidelines & Info Package Received & Filed e) Ministry of Education &Training -A16 GEN Received & Filed f) Tillsonburg & District Multi-Service Centre Received & Filed g) Canada Post - A16 GEN Received & Filed h) Citizen's Network on Wast Management Received & Filed 4 i) LPRCA Full Authority Minutes -A16 LPRCA Received & Filed j) Town of Tillsonburg - Monster Bike Race Received & Filed k) Young Canada Works Received & Filed 1) Ontario Senior's Month Information Kit Received & Filed m) Village of Iroquois - A16 GEN Received & Filed 9. Committee Reports a) County Reeve Nesbitt informed Council that the County has had 3 implementation meetings to date and that he attended two of the meetings. Reeve Nesbitt stated that the changes will reduce the present 25 councillors to 9 at the county level. The County has had to replace 2 boilers in the County building. Elgin Village has not progressed considering the revocation of funding. Councillor Bradfield inquired about the village sign that was taken down at the highway 19 entrance. Reeve Nesbitt identified that he would ask the County Engineer when the sign will be replaced. b) Museum Advisory Committee The municipality has been approved for a SWOTA student and the interviews will be conducted in Port Stanley. 5 c) Community Policing George Allin reported a lot of activity in the community and that there has been excellent cooperation from the OPP. It was reported that Mr. Allin received an OPP citation for his efforts in the community. Council commended Mr.Allin for his efforts. Mr.Allin indicated that Bayham would like to cooperate with the Port Burwell Community Policing group. Reeve Nesbitt identified that cooperation would be necessary and appreciated. d) Fire Department No Report e) Recreation Advisory Committee No Report, Councillor Loucks resigned as the Council representative for the Recreation Advisory Committee. f) Events Committee No Report g) Planning Committee No Report h) Otter Valley Trail & Utility Corridor Intermunicipal Committee The next meeting has been scheduled for 7:OOpm, June 11, 1997 in Straffordville at the request of Bayham Council. i) Port Burwell - Tillsonburg Communities of Interest Committee No Report j) Administrator/Clerk-Treasurer's Report No Report k) Municipal Key Indicators 6 i) Financial Reporting - Received & Filed ii) Long Term Borrowing Ledger - Received & Filed iii) Tax Arrears Report April &May, 1997 - Received & Filed 10. Consideration of Committee Reports No Reports 11. Letter from Paul & Phyllis Kember Dated May 28, 1997 - Memo D. Free Dated June 3, 1997 Resolution #970610-10 MOVED BY: Ron Bradfield SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to give permission to Paul & Phyllis Kember to erect a tent for church services on the flat lands behind the Robinson Street commercial businesses. CARRIED: Tom Nesbitt, Reeve 12. Bylaws i) By-Law 97-16 - Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a licence agreement with Gordon Booth to operate a marina. - Letter G. Booth dated June 3, 1997 - Previously Circulated - By-Law Previously Circulated Resolution #970610-07 MOVED BY: Dave Mason SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-16, being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a licence agreement with Gordon Booth to operate a marina. 7 CARRIED: Tom Nesbitt, Reeve By-Law Read a First f Second Time By-Law Defeated ii) By-Law 97-18 - Being a by-law repeal bylaw 95-34 being a bylaw to appoint a Deputy Treasurer and amend bylaw 96-10 being a by-law to appoint tax collectors and prescribe regulations for the collection of taxes for the Village of Port Burwell - Memo D. Free Dated June 6, 1997 Tabled iii) By-Law 97-07 - Being a by-law to establish a Personnel Policy - Previously Circulated - Letter McCarthy Tetrault Dated April 17, 1997 Resolution #970610-09 MOVED BY: Ron Bradfield SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-07, being a by-law to establish a Personnel Policy. CARRIED: Tom Nesbitt, Reeve By-Law Read a First 5 Second Time 13. Review and Approval of Accounts & Cheques Resolution #970610-05 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 $38,349.93, Council pay in the amount of $855.75, Firemens' pay in the amount of $3,245.00 and the cheques attached in the amount of$3,940.51. CARRIED: Tom Nesbitt, Reeve 8 14. Review and Approval of Amtelecom, KanServu Accounts Payable and Payroll Resolution #970610-08 MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the Amtelecom accounts payable in the amount of$740.44, Kanservu accounts payable in the amount of$56.78 and the payroll in the amount of$15,147.07. CARRIED: Tom Nesbitt, Reeve 15. New Business Resolution #970610-11 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 Budget Meeting June 16, 1997 at 6:00pm. CARRIED: Tom Nesbitt, Reeve Resolution #970610-12 MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor WHEREAS: The east pier is a major attraction for visitors as well as local people, being used for fishing and walking. AND WHEREAS: benches on the pier would further enhance its attraction and would assist in accommodating older people. AND WHEREAS: The Hanscomb Tourism Study, Item 3.6.5 Recommendation #21 suggested the installation of seating benches to provide public amenities. AND WHEREAS: The council of the new municipality may not realize a need to 9 consider the recommendations of the Hanscomb report. BE IT RESOLVED, The Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to proceed with the installation of benches on the east pier in time for the summer tourism season. CARRIED: Tom Nesbitt, Reeve Resolution #970610-13 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor Whereas: the pier is heavily used by visitors during the tourist season. And Whereas: the pier offers a hazard to the safety of users due to the eroding cement, uneven walking surfaces and protruding iron bars etc. And Whereas: the pier is the responsibility of the Village and could be held libel for any injuries that might occur due to the condition of the pier. BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to investigate the pier conditions, remove iron bars and fill holes, as soon as possible and report back to Council recommendations and cost for repairs at the June 24th council meeting. CARRIED: Tom Nesbitt, Reeve Resolution #970610-14 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor WHEREAS: There are differences of opinion among the black dock users as to who should operate the dock for the charter boats. AND WHEREAS: This dock is very important to the charter boat operators for their business and livelihood. 10 AND WHEREAS: Leasing the black dock to any of the effected parties will cause hard feelings and, they claim disrupt their ability to effectively do business. BE IT RESOLVED, The Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to prepare a By-Law allowing Ron Bradfield, being a neutral party, to operate the black dock and in accordance with the terms of the agreement, the required improvements to the dock be made. CARRIED: Tom Nesbitt, Reeve 16. Old Business The Ministry of Labour Notice of Compliance was received by council and it was noted that staff and departments have been made aware of the requirements for compliance. Councillor Mason expressed concern with regard to water leaking in the lighthouse and requested that staff arrange to correct this problem. Councillor Loucks identified that he would perform the services necessary. 17. Adjournment Resolution #970610-04 MOVED BY: Gord Loucks Approved: July 8, 1997 40 -4/ Tom Nesbitt, Reeve AVA Z111r - David R. Free, Ad •mistrator/Clerk-Treasurer 11 Village of Port Burwell Minutes Special Council Meeting June 16, 1997 6:00 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason, Councillor Loucks and Councillor Bradfield Staff: Administrator/Clerk-Treasurer 1. Call Meeting to Order 6:30 pm 2. Declaration of Conflict of Interest None 3. Budget Deliberations The Proposed 1997 Operations and Capital Budgets were reviewed and amended as follows; i. The memorial park drainage project was deferred. ii. The Chatham Street Stairs were included for Other Capital for repair in the amount of$7,500. iii. The museum parking lot paving was deferred. iv. The lands at the intersection of County Road #39 and #42 are to be sold. v. The sale of the memorial park lands were deferred. The amended kept the proposed mill rate for 1997 at 0% for municipal purposes. The final budget document is to be assembled and presented to Council for the June 24, 1997 Regular Council meeting to be considered for final approval. 4. New Business None 5. Old Business None 1 6.. Adjournment Resolution #970616-01 MOVED BY: Jim Hevenor Approved: July 8, 1997 I //I 4/ Tom Nesbitt, Reeve David R. ree, Administ . or/Clerk-Treasurer 2 Village of Port Burwell Minutes Council Meeting June 24, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason and Councillor Bradfield Regrets: Councillor Loucks Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer, Stacey Whitney, Mario Chirico & Brian Budarick - Auditor 1. Call Meeting to Order 7:30 pm 2. Declaration of Conflict of Interest None 3. Confirmation of Minutes - Council Meeting dated March 25, 1997 Resolution #970624-01 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 March 25, 1997 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meetings dated March 25, 1997 Councillor Mason inquired as to the status of the buoys which were provided by the Department of Fisheries & Oceans in 1996 at the harbor mouth. It was reported that no further information has been received from the Department of Fisheries & Oceans in this matter. Councillor Bradfield suggested that the buoys provided were deficient and that the Coast Guard should be contacted to provide proper buoys for the application. 1 5. Presentations Municipal auditor Brian Budarick provided council a detailed review of the Management Letter prepared in association with the 1996 audit in accordance with the municipal policies. 6. Delegations Mario Chirico requested to address council even though he was not on the agenda. Council consented to the delegation. Mr. Chirico requested council to interfere with court proceedings against Mr. Roes and himself with respect to the alterations on the deck which were completed without a building permit. Mr. Chirico claimed that the action by the municipality would close his restaurant and alleged that council would be responsible for the closure. Reeve Nesbitt identified that the matter was a Building Code issue which was outside the authority of council. Insofar as council being party to closing the restaurant, the Reeve identified that it was Mr. Chirico's own actions which are currently causing the problem, not council. The Reeve also identified that council, through numerous community initiatives has worked hard to clean up the municipality and bring customers to the Robinson Street businesses. Mr. Chirico claimed that the deck is safe and complies with the Building Code and that an engineer has told him the same. Reeve Nesbitt and Councillor Mason suggested that if his case is strong then he should be able to defeat the action brought against him. Mr. Chirico objected to having to hire a lawyer to defend himself. The Reeve again suggested that it was Mr. Chirico's own action which has created this unfortunate situation. 7. Petitions None. 8. Communications a) Town of Tillsonburg - Monster Bike Race - A16 TBURG - Tabled at June 10, 1997 Council Meeting A letter is to be sent to the Town of Tillsonburg stating that the Village Council has prior commitment and will not be able to attend the Monster 2 Bike Race. b) St. Thomas - Elgin Tourist Association -AO1 ETA Received & Filed. c) R. V. Anderson Associates Ltd. - Elgin Area Water Works System Received & Filed. d) Bennett Jones Verchere - NRG Received & Filed. e) J. McCallum, Ontario Genealogical Society Received & Filed. f) The Learning Partnership - Annual Report Received & Filed. g) Pollutech - Environmental Services for Ontario Municipalities Received & Filed. h) OCWA Annual Report - Al6 OCWA Received & Filed. i) City of North York - Request for Resolution of Support - C10 Conflict of Interest declared by Councilor Bradfield Resolution #970624-08 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the resolution passed by the Council of the City of North York on 3 May 28, 1997 with regards to the Provincial Government Telephone Gross Receipts Tax and Use of Municipal Rights of Way. CARRIED: Tom Nesbitt, Reeve j) OPSEU - Changes to Municipal Tax System Received & Filed. k) George Roden - Letter Received June 13, 1997 Received & Filed. 1) Randy & Linda Underhill - Letter Dated June 11, 1997 Received & Filed. m) Township of Bayham - A16 BAYH Received & Filed. n) International Great Lakes Mayors' Conference - A04 Received & Filed. o) URISA 97 37th Annual Conference -A04 Received & Filed. p) Association of Municipalities of Ontario - Annual Conference - A04 Received & Filed. q) Port Burwell Community Child Care - A01 GEN A notation as requested by the Port Burwell Child Care Centre will be included in the water/sewer bill. 9. Committee Reports a) County 4 At the County Meeting a delegation was made by the county roads employees with regard to the layoffs. b) Museum Advisory Committee No Report c) Community Policing No Report d) Fire Department Resolution #970624-07 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the appointment of Mr. Mark Campbell to the Port Burwell Volunteer Fire Department upon the recommendation of Fire Chief Tom Millard. CARRIED: Tom Nesbitt, Reeve e) Recreation Advisory Committee No Report f) Events Committee No Report g) Planning Committee No Report h) Otter Valley Trail & Utility Corridor Intermunicipal Committee Councillor Mason as the Vice Chair of the committee indicated that the June 14, 1997 meeting was positive. A date has not been set for the final Master 5 Planning meeting. i) Port Burwell - Tillsonburg Communities of Interest Committee No Report j) Administrator/Clerk-Treasurer's Report Remove from agenda k) Municipal Key Indicators i) Financial Reporting - Received & Filed ii) Long Term Borrowing Ledger - No Change iii) Lottery Licencing Report - Received & Filed iv) Buy A Brick Report - Received & Filed v) Fire Extinguisher Inspections - May 1997 - Received & Filed vi) By-Law Enforcement Report - Received & Filed vii) Building Inspection Report - Received & Filed viii) Sewage Treatment Flows Report - No Report ix) Municipal Water Consumption Analysis - Received &Filed 10. Consideration of Committee Reports No report. 11. Committee of the Whole Tabled. 12. Bylaws i) By-Law 97-07 - Being a by-law to establish a Personnel Policy 6 - Previously Circulated - Introduced June 10, 1997 Tabled ii) By-Law 97-19 - Being a By-Law to adopt the current estimates and strike the levies and rates of taxation for the year 1997. Resolution #970624-06 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 97-19, being a By-Law to adopt the current estimates and strike the levies and rates of taxation for the year 1997. CARRIED: Tom Nesbitt, Reeve By-Law Read a First fi Second Time By-Law Read a Third Time & Finally Passed 13. Review and Approval of Accounts & Cheques Resolution #970624-02 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$15,377.81 and the cheques attached in the amount of$7,398.84. CARRIED: Tom Nesbitt, Reeve 14. New Business Reeve Nesbitt identified that he had presented Mrs. Doris Bucheski with the Senior of the Year Award. Reeve Nesbitt also identified that Youth Tutors Elgin had visited the community as a final stop for a funding raising trip which started in West Lorne and ended in Port Burwell. On behalf of Port Burwell$100.00 was donated towards 7 promoting the literacy effort of group of students. Reeve Nesbitt traveled the last 5 miles of the students journey. Resolution: #970624-09 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED that the Council of Village of Port Burwell hereby cancel the regular council meetings scheduled for July 22, 1997 and August 26, 1997 and will meet only upon the calling of a special meeting in accordance with Bylaw 90-03, being a bylaw to govern the proceedings of Council and Committees. CARRIED: Tom Nesbitt, Reeve Resolution: #970624-10 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of Village of Port Burwell hereby agrees to appoint Councillor Dave Mason as the committee alternate for the Transition Committee. CARRIED: Tom Nesbitt, Reeve Resolution: #970624-11 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of Village of Port Burwell hereby agrees add the "Transition Committee" to the Committee Reports section of the agenda. CARRIED: Tom Nesbitt, Reeve A letter is to be forwarded to the Port Burwell Bayham Horticultural Society thanking the group for all of the hard work in planting the flowers in the planter 8 boxes and gardens around the village. 15. old Business None 16. Adjournment Resolution #970624-05 MOVED BY: Jim Hevenor Approved: July 8, 1997 Tom Ne ;' t, Reeve David R. Free, Ad , nistrator/Clerk-Treasurer 9 Village of Port Burwell Minutes Council Meeting July 8, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason and Councillor Bradfield Staff: Administrator/Clerk-Treasurer Guests: Allan Spicer and Stacey Whitney of the Harbour Lights 1. Call Meeting to Order 7:35 pm 2. Declaration of Conflict of Interest Councillor Bradfield Item #11(iii) and #13 3. Confirmation of Minutes - Council Meeting dated June 10, 1997 Resolution #970708-01 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 June 10, 1997 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve - Council Meeting dated June 16, 1997 Resolution #970708-02 MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the June 16, 1997 Special Council Meeting. 1 CARRIED: Tom Nesbitt, Reeve - Council Meeting dated June 24, 1997 Resolution #970708-03 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 June 24, 1997 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meetings dated June 10,June 16, &June 24, 1997 Minutes of June 10, 1997 - Councillor Bradfield inquired as to when the Port Burwell sign at the entrance of the Highway #19 was to be erected. Reeve Nesbitt identified that he had spoke with the County Engineer and that the sign would erected in the immediate future. Councillor Mason inquired as to when the benches would be installed along the East Pier. The Administrator/Clerk-Treasurer identified that Ed Matthews Carpentry had been commissioned to install the benches. The timing of the installation is unknown. Resolution #970708-16 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell Hereby accepts the resignation of Councillor Loucks from the Recreation Advisory Committee. CARRIED: Tom Nesbitt, Reeve Resolution #970708-17 MOVED BY: Ron Bradfield SECONDED BY: Dave Mason 2 BE IT RESOLVED, the Council of the Village of Port Burwell hereby appoints Councillor Hevenor as the council representative to the Recreation Advisory Committee forthwith. CARRIED: Tom Nesbitt, Reeve 5. Presentations Allan Spicer requested an opportunity to address council with regards to additional billing by organizations in Aylmer. Council consented to hear Mr. Spicer's concern. Allan Spicer identified that Aylmer Minor Hockey is charging out of town users an additional fee of approximately$40.00 per user. Mr. Spicer suggested that council should pay an amount as requested by Aylmer council in order to defer the fee. 6. Delegations None 7. Petitions None 8. Communications a) Amy Hackman - Request to Operate Sausage Cart Resolution #970708-18 MOVED BY: Gord Loucks SECONDED BY: Dave Mason The Council of the Village of Port Burwell approves the operation of a sausage cart subject to ratification of a licence agreement between the vendor and the municipality. the immediate payment of a$300.00 fee and location specified by the municipality, west corner of the museum parking lot, must be agreed to by the vendor. CARRIED: Tom Nesbitt, Reeve b) Recycling Council of Ontario 3 Received & Filed. c) Muscular Dystrophy Association of Canada- A01 GEN Resolution #970708-19 MOVED BY: Jim Hevenor SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby proclaims September, 1997 as the Muscular Dystrophy Association of Canada's Awareness Month. CARRIED: Tom Nesbitt, Reeve d) AMO -A01 AMO Received & Filed. e) Ministry of Agriculture - A16 MAGP Referred to Otter Valley Trail Committee. f) Indian & Northern Affairs Canada - A16 GEN Received & Filed. g) St. Thomas - Elgin General Hospital Received & Filed. 9. Committee Reports a) County Implementation meetings are underway. b) Museum Advisory Committee 4 Council was informed that 1,023 persons have visited the museum as at June 30, 1997. A resolution was presented by the museum advisory to install safety barriers at the top of the light house for a cost of not more than$150.00. Resolution #970708-20 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell'hereby supports the resolution passed at the July 1, 1997 Museum Advisory Committee meeting with regards to the installation of safety barriers and locks in the lighthouse at a cost to the village not to exceed $150.00. CARRIED: Tom Nesbitt, Reeve c) Community Policing No Report d) Fire Department Resolution #970708-13 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the appointment of Mr. Robert Cattrysse to the Port Burwell Volunteer Fire Department upon the recommendation of Fire Chief Tom Millard. CARRIED: Tom Nesbitt, Reeve e) Recreation Advisory Committee No Report f) Events Committee 5 No Report g) Planning Committee No Report h) Otter Valley Trail & Utility Corridor Intermunicipal Committee A meeting is to be scheduled in the immediate future. i) Port Burwell - Tillsonburg Communities of Interest Committee No Report j) Transition Committee The next meeting is scheduled for July 15, 1997. The minutes of previous meetings have been circulated to other agencies, however they have not been received in the municipal offices to date. 10. Consideration of Committee Reports None. 11. Bylaws i) By-Law 97-07 - Being a by-law to establish a Personnel Policy - Previously Circulated - Introduced June 10, 1997 Bylaw Read a Third and Final Time Finally passed. ii) By-Law 97-12 - Being a by-law to authorize the long term borrowing of an amount of money not to exceed $251,113.89 towards the cost of certain capital projects. Resolution #970708-09 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to 6 introduce By-Law 97-12, being a by-law to authorize the long term borrowing of an amount of money not to exceed $251,113.89 towards the cost of certain capital projects. CARRIED: Tom Nesbitt, Reeve Bylaw Read a First and Second Time Bylaw Read a Third and Final Time Finally passed. iii) By-Law 97-22 - Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a licence agreement with Bradcranex Inc to operate the Black Dock area of the municipal marina. Resolution #970708-10 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 97-22, being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a licence agreement with Bradcranex Inc to operate the Black Dock area of the municipal marina. CARRIED: Tom Nesbitt, Reeve Bylaw Read a First and Second Time 12. Review and Approval of Accounts & Cheques Resolution #970708-07 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$21,424.80, the Council pay in the amount of$1,711.50, and the cheques attached in the amount of$86,188.53. CARRIED: Tom Nesbitt, Reeve 13. Review and Approval of Amtelecom, KanServU Accounts Payable and Payroll 7 Resolution #970708-08 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the Amtelecom accounts payable in the amount of$901.53, KanServU accounts payable in the amount of$59.94, the payroll in the amount of$13,701.68. CARRIED: Tom Nesbitt, Reeve 14. Committee of the Whole Tabled. 15. New Business Resolution #970708-11 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield 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 1, 2 &3, 1997 and has no objection to this event being determined a "Community Festival" CARRIED: Tom Nesbitt, Reeve Resolution #970708-14 MOVED BY: Gord Loucks SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-23, being a by-law to appoint an Acting Deputy Clerk. CARRIED: Tom Nesbitt, Reeve Bylaw Read. a First and Second Time 8 Bylaw Read a Third and Final Time Finally passed. Resolution #970708-15 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor 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 A letter of thanks to be sent to Murray Alward for the donation of flowers for the flower bed of the East Beach. 16. Old Business Letter Ron Bradfield July 7, 1997 - Port Burwell School Reunion Resolution #970708-21 MOVED BY: Gord Loucks SECONDED BY: Dave Mason BE IT RESOLVED that the Village of Port Burwell consents to providing bridge financing to extent of cost for the tent rental for the Port Burwell School reunion in the amount of$1,900.00 to be paid immediately upon completion of the event. CARRIED: Tom Nesbitt, Reeve 17. Adjournment Resolution #970708-06 MOVED BY: Jim Hevenor Approved: August 12, 1997 9 Approved: August 12, 1997 Tom Nesbitt, Reeve %/426d 4119 &/14.4:51 10 Village of Port Burwell Minutes Council Meeting August 12, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason, Councillor Loucks and Councillor Bradfield Staff: Deputy Clerk - Donna Lamoure Guests: Bob Carnegie, Bertha Breen and Stacey Whitney - Harbour Lights 1. Call Meeting to Order 2. Declaration of Conflict of Interest Councillor Bradfield Item #Ilii, #13 & #15ii 3. Confirmation of Minutes - Council Meeting dated July 8, 1997 Resolution #970812-01 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 July 8,1997 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated July 8, 1997 Councillor Mason stated that the benches placed upon the pier were a great improvement to the village and that he understood that Ron Bradfield had for sale similar benches that could be placed on the pier or at Memorial Park. Reeve Nesbitt requested the feeling of Council with regards to the matter. Council directed that the Administrator/Clerk-Treasurer was to investigate the cost of the benches from Mr. Bradfield and the cost of the installation. Councillor Mason stated that Allan Spicer was quite concerned with regards to the Aylmer Recreational user fee and asked if Council had supported the fee. Reeve 1 Nesbitt stated that the village had not supported the fee for four years. Councillor Mason stated that the installation of the safety barriers at the lighthouse was underway. Councillor Bradfield requested the status of the replacement of the Port Burwell sign at the Port Burwell entrance. Reeve Nesbitt stated that he had talked to the County Roads department and was informed that the sign should be installed in the near future. 5. Presentations None. 6. Delegations Bob Carnegie & Bertha Breen - Representing the Port Burwell Ratepayers Association Mr. Carnegie presented a petition signed by all 34 landowners along the bank with regards to the maintenance of the rock wall. Bertha Breen stated that Steve Laemers had informed her that it should not take more than two hours to move the existing rocks. Mr. Carnegie and Mrs. Breen stated that the work would be appreciated. Reeve Nesbitt thanked Mr. Carnegie for contacting all of the landowners along the bank. Councillor Mason stated that a possible time for the work to commence would be in the fall, as the lake level would then be down. Mr. Carnegie stated that Mr. Klein and Mr. Stock, landowners along the bank, would like to be contacted by phone before work commences. 7. Petitions Above. 8. Communications a) Elgin Community Partnership - A04 Received & Filed b) Gartner Lee Ltd. -A01 GEN Council directed that staff complete and submit the form. 2 c) Kent Citizens for Local Democracy - A01 GEN Received & Filed d) James Peterson Resolution #970812-07 MOVED BY: Ron Bradfield SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees that the Port Burwell school reunion wine and cheese party as well as the Port Burwell school reunion dance being organized by the Port Burwell Recreation &Community Improvement Society to be held on September 12 & 13, 1997 are events in conjunction with the Special Events Committee. CARRIED: Tom Nesbitt, Reeve e) Catholic Education - A01 GEN Received & Filed f) MFOA - Municipal User Charges - A01 MFOA Received & Filed g) Women & Rural Economic Development -A01 GEN Received & Filed h) Local Education Improvement Committee -A01 GEN Received & Filed i) Jolly's Ice Cream - Request to Operate Concession Stand Council directed that a letter be forwarded to Mr.Jolliffe stating that Council was not interested in a mobile ice cream unit at this time amalgamation grateful for their interest and please apply in early spring to the newly formed municipality. 3 j) Ministry of Agriculture - A16 MAGF Received & Filed k) Elgin St. Thomas Health Unit - A16 ESHU Received & Filed 1) XYNYTH Manufacturing Corp. Correspondence to be forwarded to Public Works Foreman. m) Rudolf VanOtterdyk Council directed that the letter be copied and forwarded to Larry Martin and Don Smithson and include a letter of thanks to them as well. n) Valco Consultants - D17 AMALG Received & Filed o) Ministry of the Solicitor General - A16 MSG Received & Filed p) Willow- A01 GEN Letter is to be posted and is to be forwarded to Allan Spicer. q) NRG - Energy &Water Saver Kit Received & Filed r) Fire Prevention Week - October 5 - 11, 1997 Resolution #970812-20 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby 4 proclaims October 5 to 11, 1997 as Fire Prevention Week. CARRIED: Tom Nesbitt, Reeve s) Citizen's Network on Waste Management -A01 GEN Received & Filed t) MFOA- Municipal User Charges - A0l MFOA Received & Filed u) Assessment Office -A16 ASSOFF Received & Filed v) Village of Omemee -A16 GEN Received & Filed w) Can-Am Received & Filed x) Gaming Control Commission -A16 GCC Received & Filed y) LPRCA Full Authority Minutes - A16 LPRCA Received & Filed 9. Committee Reports a) County Reeve Nesbitt reported several statistics with regards to the Elgin County O.P.P. and presented the Preliminary Municipal Estimates for Elgin County report. Reeve Nesbitt stated that he is now receiving minutes from other Transition Committee Meetings and that he would leave the minutes in the municipal 5 offices for review. Dissolution of County Roads department was discussed. A lottery system was held for the county road equipment. The Annual Rail Car competition is to be held on Sunday August 17, at 2:OOpm and Reeve Nesbitt will be participating. b) Museum Advisory Committee -Approval of Minutes of Committee Meeting Dated May 6, 1997 Resolution 970812-10 MOVED BY: Ron Bradfield SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the May 6, 1997 Museum Advisory Committee Meeting. CARRIED: Tom Nesbitt, Reeve - Approval of Minutes of Committee Meeting Dated June 3, 1997 Resolution 970812-11 MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the June 3, 1997 Museum Advisory Committee Meeting. CARRIED: Tom Nesbitt, Reeve Councillor Mason presented a report from the Summer Recreation and Culture Director James Peterson detailing the number of visitors to the Museum and Lighthouse. Councillor Mason also informed Council that the Museum Advisory Committee has been formally directed to return the model of the Ashtabula. 6 c) Community Policing Community Policing is to be expanded in the near future. d) Fire Department Councillor Hevenor stated that the Fire Department negotiations were going well between Bayham and Port Burwell Officials. Councillor Hevenor also stated that the Fire Department was very helpful during the Canoe Challenge as they were present for the whole event with their rescue boat. di) Lower Big Otter Remedial Project Councillor Hevenor stated that an LBORP meeting had been held on July 30, 1997. The next meeting is to be held on November 6, 1997 at Tillsonburg Town Office at 1:30pm e) Recreation Advisory Committee Councillor Hevenor stated that he had been in contact with Deb Travis of the Recreation Society and that Tub Daze had been successful, however a large profit was not generated. Councillor Hevenor requested that Council consider partially funding the fireworks in the future. A letter is to be sent to the Recreation Advisory Committee congratulating them on their efforts on Tub Daze weekend. f) Events Committee -Approval of Minutes of Committee Meeting Dated June 2, 1997 Resolution 970812-12 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 June 2, 1997 Events Committee Meeting. CARRIED: Tom Nesbitt, Reeve 7 - Approval of Minutes of Committee Meeting Dated July 7, 1997 Resolution 970812-13 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 July 7, 1997 Events Committee Meeting. CARRIED: Tom Nesbitt, Reeve Councillor Hevenor thanked Ron Bradfield for the support of the Canoe Challenge. Councillor Hevenor also informed Council that the Canoe Challenge contained 12 entrants. Councillor Mason read a letter from Lloyal Granger thanking Council for the support of the Tractor Show and Parade. Council directed that a letter be sent to Lloyal Granger thanking him and his group of tractor enthusiasts for their participation. g) Planning Committee No report h) Otter Valley Trail & Utility Corridor Intermunicipal Committee The next meeting is to be held August 21, 1997 at 2:OOpm in Tillsonburg Municipal Offices. A public meeting is to be held on September 11, 1997 at 7:OOpm in the Port Burwell Fire Hall. i) Port Burwell - Tillsonburg Communities of Interest Committee No report. j) Transition Committee The Transition Committee considered submissions for the naming of the new municipality which included 27 for Otter Valley and 23 for Bayham. The name Otter Valley was defeated. Councillor Mason suggested formulating a petition for support of naming the 8 new municipality Otter Valley. Reeve Nesbitt also stated that a candidate had not been chosen for the Administrator's position. k) Municipal Key Indicators i) Mid-Year Financial Reporting Resolution #970812-06 MOVED BY: Dave Mason SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby accepts the 1997 Mid- Year financial report as presented. CARRIED: Tom Nesbitt, Reeve ii) Lottery Licencing Report - Received & Filed iii) Buy A Brick Report - Received & Filed iv) Fire Extinguisher Inspections -June &July 1997 - Received & Filed v) By-Law Enforcement Report - Received & Filed vi) Building Inspection Report - Received & Filed vii) Sewage Treatment Flows Report - Received & Filed viii) Municipal Water Consumption Analysis - Received & Filed 10. Consideration of Committee Reports No report 11. Bylaws i) By-Law 97-25 - Being a By-law to establish schedules of retention periods for documents, records and other papers of the municipality. 9 Resolution #970812-08 MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-25, 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 fi Second Time By-Law Read a Third Time ? Finally Passed ii) By-Law 97-22 - Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a licence agreement with Bradcranex Inc to operate the Black Dock area of the municipal marina. - Letter Ron Bradfield Dated August 6, 1997 - Received & Filed - Proposed Resolution #970812-09 Tabled iii) By-Law 97-04 - Being a by-law to authorize an easement on lands from the Village of Port Burwell to the Village of Port Burwell and the Town of Tillsonburg over lands owned solely by the Village of Port Burwell Resolution #970812-14 MOVED BY: Ron Bradfield SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-04, being a by-law to authorize an easement on lands from the Village of Port Burwell to the Village of Port Burwell and the Town of Tillsonburg over lands owned solely by the Village of Port Burwell CARRIED: Tom Nesbitt, Reeve By-Law Read a First & Second Time By-Law Read a Third Time & Finally Passed 10 iv) By-Law 97-24- Being a By-Law to authorize the municipality to enter into a licence agreement with the Jennifer Hackman the operation of a mobile food cart in the Museum Parking Lot. Resolution #970812-15 MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-24, being a By-Law to authorize the municipality to enter into a licence agreement with the Jennifer Hackman the operation of a mobile food cart in the Museum Parking Lot. CARRIED: Tom Nesbitt, Reeve By-Law Read a First & Second Time By-Law Read a Third Time i Finally Passed v) By-Law 97-26 - Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Hydromantis, Inc. Consulting Engineers for evaluation and modifications for the Port Burwell Wastewater Treatment Plant. Tabled. vi) By-Law 97-28 - Being a By-Law to authorize the Administrator/Clerk-Treasurer, municipal staff and contractors to enter upon lands to maintain and reinforce the shoreline protection described as Part 1 of Registered Plan 11R-764, in the Village of Port Burwell, County of Elgin. Resolution #970812-17 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 97-28, being a By-Law to authorize the Administrator/Clerk- Treasurer, municipal staff and contractors to enter upon lands to maintain and reinforce the shoreline protection described as Part 1 of Registered Plan 11R-764, in the Village of Port Burwell, County of Elgin. 11 CARRIED: Tom Nesbitt, Reeve By-Law Read a First & Second Time By-Law Read a Third Time & Finally Passed vii) By-Law 97-29 - Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Totten, Sims, Hubicki Associates, for consulting services for repairs and renovations to the Port Burwell Firehall Resolution #970812-18 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-29, being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Totten, Sims, Hubicki Associates, for consulting services for repairs and renovations to the Port Burwell Firehall CARRIED: Tom Nesbitt, Reeve By-Law Read. a First & Second Time By-Law Read. a Third Time & Finally Passed 12. Review and Approval of Accounts & Cheques Resolution #970812-05 MOVED BY: Ron Bradfield 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$39,439.66 , the Council pay in the amount of$930.25 and the cheques attached in the amount of$11,382.30. CARRIED: Tom Nesbitt, Reeve 13. Review and Approval of Amtelecom, KanSerVU Accounts Payable and Payroll 12 Resolution #970812-19 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the Amtelecom accounts payable in the amount of$983.66 , Kanservu accounts payable in the amount of$60.00, the payroll in the amount of$13,393.71. CARRIED: Tom Nesbitt, Reeve 14. Committee of the Whole Resolution #970812-02 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 #970812-03 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. CARRIED: Tom Nesbitt, Reeve 15. New Business i) By-Law 97-30 - Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to execute the Assignment of Agreement with Regional Cable T.V. Inc. Resolution #970812-19 13 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 97-30, Being a By-Law to authorize the Administrator/Clerk-Treasurer to execute the Assignment of Agreement with Regional Cable T.V. Inc. CARRIED: Tom Nesbitt, Reeve By-Law Read a First & Second Time By-Law Read a Third Time & Finally Passed ii) By-Law 97-20 - Being a By-Law to establish a Occupational Health and Safety Policy. - By-Law Introduced July 8, 1997 & Read a First & Second Time By-Law Read a Third Time & Finally Passed Councillor Hevenor requested that the landscape contractors be contacted with regards to the weed-eating damages to the young trees in the village. Elexco Ltd. - Letter dated July 25, 1997 - Re: Option Agreement to Grant Easement and Right of Way Port Burwell Harbour Tabled. Councillor Hevenor stated that he had had a request with regards to the dockage of a boat in the harbour abutting the Pembina lands. Council stated that permission was not necessary as it is a public harbour. A letter is to be sent to Linda and Randy Underhill stating that Memorial Park is not for sale at this point in time. 16. Old Business Councillor Bradfield requested that Council direct that Sam Taylor Contracting be engaged on an hourly basis in order to complete repairs to the west-side stairs with the village supplying the materials. 14 Resolution #970812-21 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer to direct the Building Inspector to inspect the west side stairs and compile a list of materials required to complete repairs to the stairs and engage Sam Taylor Contracting to complete the repairs. CARRIED: Tom Nesbitt, Reeve A letter is to be sent to Gordon Craig requesting the status of the 1996 Harbour Fees that he collected. Councillor Mason stated that there have been several campers camping on the East Beach for the past two weekends. 17. Adjournment Resolution #970812-04 MOVED BY: Jim Hevenor Approved: September 96 di r • To , esbitt, Reeve -6;144 j.e,e Donna Lamoure, Acting Deputy Clerk 15 Village of Port Burwell Minutes Council Meeting September 9, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason, Councillor Loucks and Councillor Bradfield Staff: Deputy Clerk-Donna Lamoure, Building Inspector/By-Law Enforcement Officer- Ed Roloson Guests: Bertha Breen and Allan Spicer 1. Call Meeting to Order 2. Declaration of Conflict of Interest Councillor Bradfield Items #lli, #lliii and #13. 3. Confirmation of Minutes - Council Meeting dated August 12, 1997 Resolution #970909-01 MOVED BY: Ron Bradfield SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the August 12, 1997 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated August 12, 1997 Ed Roloson stated that he had spoken with Mr. Sam Taylor with regards to the repairs to the west side stairs. Mr. Taylor stated that he would not be able to begin work on the stairs until mid October. Ed Roloson also stated that the materials would be placed on the village account at the Vienna Home Centre. Council directed that the stairs not be stained this year. Councillor Mason asked if Ron Bradfield had been approached with regards to a price 1 for his benches. Ron Bradfield stated that he had not. Reeve Nesbitt directed that Ron Bradfield prepare a price for the next Council meeting. Council decided that the newly installed benches on the pier should be removed for the winter. Councillor Loucks requested the status of the repairs to the rock wall. Reeve Nesbitt stated that it was decided that the work would commence in the fall of 1997. Councillor Mason stated that he would like to contact Steve Laemers in order to meet him at the rock wall to inspect the situation. 5. Presentations None. 6. Delegations i) Allan Spicer - User Fees - Letter Previously Circulated Allan Spicer stated that he thought the Town of Aylmer "out of town user fees"with regards to their recreation facilities were unfair. Reeve Nesbitt stated that he thought that the village should directly reimburse the residents of the Village for their out of town user fees. Resolution #970909-12 MOVED BY: Dave Mason SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to reimburse the Town of Aylmer user fee to any person 18 years of age or under upon presentation of their valid Recreation User Card. CARRIED: Tom Nesbitt, Reeve ii) Bertha Breen - Letter Dated September 2, 1997 Bertha Breen presented her model for the proposed Ice Cream Shop and stated that a school portable would be used and that there would be a small addition to accommodate washrooms. Ed Roloson stated that what Mr. & Mrs. Breen are proposing is acceptable. Ed Roloson stated that an engineer was not required to do the design work due to the minimal square footage, however due to the fact that the 2 business could expand it was advised that Mr. &Mrs. Breen obtain an engineer. Ed Roloson stated that the property was not serviced by sewer and water. Mrs. Breen stated that the installation would be very costly and that she thought that the village should be responsible for the installation. Ed Roloson stated that village by-law stated that there is to be no building moved within the village without authorization by the Administrator/Clerk-Treasurer. Reeve Nesbitt stated that he thought that the sewer and water connection could be addressed and that the Building Inspector and village planner would address the issue immediately. 7. Petitions None. 8. Communications a) Port Burwell Library - Ontario Library Week -A16 GEN Council proclaimed October 20 to 26, 1997 as Ontario Library Week in the Village of Port Burwell. b) Ontario Provincial Police - Community Policing Meeting - September 17, 1997 7:30pm Reeve Nesbitt directed that George Allen and Mark Thornton be informed of the meeting. c) Ontario Heritage Foundation -A16 GEN Reeve Nesbitt presented a Certificate of Recognition from the Ontario Heritage Foundation to Councillor Jim Hevenor along with a pin. Reeve Nesbitt requested that a copy of the award be placed in the bulletin board. d) Village of Port Stanley - Request for Resolution of Support -A16 GEN Resolution #970909-13 MOVED BY: Ron Bradfield SECONDED BY: Dave Mason 3 BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the resolution passed by the Village of Port Stanley on July 14, 1997 with regards to support for police services in Ontario. CARRIED: Tom Nesbitt, Reeve e) Ministry of the Solicitor General & Correctional Services -A16 MSG Received & Filed. f) Coast Guard - Minimum Safety Guidelines for Personal Watercraft -A16 CCG Received & Filed. g) Beverage Recovery in Canada -A01 GEN Received & Filed. h) STEM---Net -A01 GEN Council directed that the correspondence be forwarded to the president of the Port Burwell Royal Canadian Legion. i) Toronto Corporate Services -A01 GEN Resolution #970909-14 MOVED BY: Ron Bradfield SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby supports the resolution passed by the City of Toronto on July 14, 1997 with regards to the Canada Post Corporation-New Unaddressed Materials Policy. CARRIED: Tom Nesbitt, Reeve 9. Committee Reports a) County 4 Restructuring meetings are progressing and all of the roads department equipment, including office equipment is being disbursed. There are 12 remaining county road employees. Reeve Nesbitt reported that the fields along County Road 42 between Baymor Line and the Godby Line normally lose 5 feet per year to erosion. This year 100 feet was lost. County Road 42 in that area may have to be closed due to this problem. • b) Museum Advisory Committee -Approval of Minutes of Committee Meeting Dated July 1, 1997 Resolution 970909-06 MOVED BY: Dave Mason SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the July 1, 1997 Museum Advisory Committee Meeting. CARRIED: Tom Nesbitt, Reeve Councillor Mason requested that a letter of appreciation be sent to Chuck Buchanan and Ernie Whitney for installation of the marine lights outside of the museum. c) Community Policing Notice of the meeting to be held September 17, 1997 is to be forwarded to George Allen and John Lavers. d) Fire Department The Fire Chief is to be directed to forward a letter to the village requesting that ownership of the old fire truck be transferred to the fire association. e) Recreation Advisory Committee Councillor Hevenor stated that payment of the remaining Tub Daze bills was 5 discussed at the last meeting. Recreation Committee members will be setting up the bar as well as serving the alcohol at the Port Burwell School Reunion. Council directed that the Public Works Foreman trim grass along boulevard and tidy the general area of the reunion festivities. Council also directed that the Public Works Foreman assist with the set up of the Reunion. f) Events Committee No report. g) Planning Committee No report. h) Otter Valley Trail & Utility Corridor Intermunicipal Committee It was decided that motorized vehicles will be allowed on certain portions of the trail for a probationary period. It was recommended that no motorized vehicles be allowed on the trail from Port Burwell to the Tunnel Road. The next meeting is to be an Open House held on Thursday October 9, 1997 at 7:00 at the Port Burwell Parish Hall. i) Port Burwell - Tillsonburg Communities of Interest Committee No report. j) Transition Committee Reeve Nesbitt reported that computer systems will be addressed soon and a request for proposal for auditors will be circulated. Six legal firms will be retained to address ongoing issues. Cyril Demeyere & Associates will be retaining as all three municipalities presently use their services. Planning consultants are to be investigated. Lynn Boughner is being offer the position of Administrator Treasurer. k) Lower Big Otter Remedial Project Steering Committee -Approval of Minutes of Committee Meeting Dated July 30, 1997 Resolution 970909-07 6 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the July 30, 1997 Lower Big Otter Remedial Project Steering Committee Meeting. CARRIED: Tom Nesbitt, Reeve 10. Consideration of Committee Reports None. 11. Bylaws i) By-Law 97-22 - Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a licence agreement with Bradcranex Inc to operate the Black Dock area of the municipal marina. - Letter Ron Bradfield Dated August 6, 1997 - Previously Circulated Council directed that the by-law be re-drafted in order to amend By-Law 97-15 to include the Black Dock. ii) By-Law 97-26 - Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Hydromantis, Inc. Consulting Engineers for evaluation and modifications for the Port Burwell Wastewater Treatment Plant. - Previously Circulated Ed Roloson informed Council of the benefits of the proposed work to the Sewage Treatment Plant. By-Law Tabled. iii) By-Law 97-31 -Being a By-Law to authorize theActing Deputy Clerk to execute the Assignment of Lease between Regional Cable TV Inc. and AGI Cablevision Inc. and the Village of Port Burwell Resolution #970909-11 7 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 97-31, being a By-Law to authorize the Acting Deputy Clerk to execute the Assignment of Lease between Regional Cable TV Inc. and AGI Cablevision Inc. and the Village of Port Burwell CARRIED: Tom Nesbitt, Reeve By-Law Read a First & Second Time By-Law Read a Third Time & Finally Passed. 12. Review and Approval of Accounts & Cheques Resolution #970909-06 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$27,245.98 , the Council pay in the amount of$1,472.00, Firemen's pay in the amount of$3,890.00 and the cheques attached in the amount of$17,110.39. CARRIED: Tom Nesbitt, Reeve 13. Review and Approval of Amtelecom, KanSerVU Accounts Payable and Payroll Resolution #970909-08 MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the Amtelecom accounts payable in the amount of$859.90, Kanservu accounts payable in the amount of$60.00, the payroll in the amount of$15,414.96. CARRIED: Tom Nesbitt, Reeve 8 14. Committee of the Whole Resolution #970909-02 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move into Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Resolution #970909-03 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Rise & Report Resolution #970909-16 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell herebyy agrees to hold a Special Meeting on Wednesday, September 10, 1997 at 4:30pm to deal with personnel issues. CARRIED: Tom Nesbitt, Reeve 15. New Business Gordon Loucks - Request for Donation for Port Burwell Open Golf Tournament Resolution #970909-05 9 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to donate $100.00 in prizes to the Port Burwell Open Golf Tournament. CARRIED: Tom Nesbitt, Reeve Council directed that the Option Agreement to Grant Easement and Right of Way of the Port Burwell Harbour be forwarded to solicitor Joan Krantz-Sippel for consideration. Resolution #970909-15 MOVED BY: Ron Bradfield SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to purchase an advertisement in the Port Burwell Reunion Memories book in the amount of$75.00. CARRIED: Tom Nesbitt, Reeve 16. old Business Councillor Hevenor enquired as to the status of the fireball renovations. Ed Roloson stated that he will be having a meeting with a representative of Totten Sims Hubicki on Thursday, September 11, 1997 at 2:OOpm and that further details will be known at that time. 17. Adjournment Resolution #970909-04 MOVED BY: Dave Mason 10 Approved: September 23, 1997 ./ /0" Tomesbitt Reeve WOcana Lamoure, Acting Clerk 11 Village of Port Burwell Minutes Special Council Meeting September 10, 1997 4:30 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason, Councillor Loucks and Councillor Bradfield Staff: Deputy Clerk - Donna Lamoure, Deputy Treasurer - Suzanna Mantel, Roads Foreman - Kevin Bradfield and Building Inspector/By-Law Enforcement Officer - Ed Roloson Guests: Michael Peterson - Municipal Solicitor 1. Call Meeting to Order - 4:48pm 2. Declaration of Conflict of Interest None. 3. Committee of the Whole Resolution #970910-04 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move into Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Resolution #970910-05 MOVED BY: Gordon Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move out of Committee of the Whole. 1 CARRIED: Tom Nesbitt, Reeve Rise & Report Resolution #970910-01 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 97-32, being a by-law to appoint an Acting Clerk. CARRIED: Tom Nesbitt, Reeve By-Law Read a First &f Second Time By-Law Read a Third Time f Finally Passed Resolution #970910-02 MOVED BY: Ron Bradfield SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-33, being a by-law to appoint an Acting Treasurer. CARRIED: Tom Nesbitt, Reeve By-Law Read a First & Second Time By-Law Read a Third Time & Finally Passed Resolution #970910-03 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 97-34, being a by-law to amend by-law 95-59, being a by-law to establish bookkeeping policies. 2 CARRIED: Tom Nesbitt, Reeve By-Law Read a First fi Second Time By-Law Read a Third.Time & Finally Passed Resolution #970910-06 MOVED BY: Gord Loucks SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move into Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Resolution #970910-07 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 4. New Business None. 5. Old Business None. 6. Adjournment Resolution #970910-01 MOVED BY: Jim Hevenor 3 Approved.: sept er 23, 1 7 ,Z /Z1( I I: 071— Tom Ne itt, Reeve Donna L> oure, Acting Clerk 4 Village of Port Burwell Minutes Council Meeting September 23, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason and Councillor Bradfield Staff: Deputy Clerk - Donna Lamoure and Building Inspector/By-Law Enforcement Officer - Ed Roloson Regrets: Councillor Loucks Guests: Allan Spicer - Harbour Lights and Bertha Breen 1. Call Meeting to Order 7:30pm 2. Declaration of Conflict of Interest Councillor Bradfield item #11i, item #4 September 9, 1997 minutes 3. Confirmation of Minutes i) - Regular Council Meeting dated September 9, 1997 Resolution #970923-01 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the September 9, 1997 Regular Council Meeting as amended. CARRIED: Tom Nesbitt, Reeve ii) - Special Council Meeting dated September 10, 1997 Resolution #970923-06 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 September 10, 1997 Special Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meetings dated September 9 & 10, 1997 Item #4 September 9, 1997 minutes - Ron Bradfield stated that he would sell two park benches to the village for$45.00 each. Council directed that the benches be purchased from the beautification budget. Council further directed that the Public Works Foreman be instructed to install the benches at Memorial Park. 5. Presentations Ed Roloson - Building Inspector/By-Law Enforcement Officer re: Site Plan for Rick & Bertha Breen - 40 Robinson Ed Roloson gave an overview of the report received from John Henricks of Aquafor Beech with regards to the site plan for Rick and Bertha Breen. Ed Roloson stated that there were three options in the report being to sever the lot, re-zone or obtain a minor variance. Bertha Breen stated that they had obtained a professional opinion recommending that they proceed with a severance. Mrs. Breen expressed concern for the amount of time that the severance process would take and stated that the Board of Education had already been requesting removal of the building. Council directed that Ed Roloson prepare a letter to Peter Taylor of the Elgin County Board of Education, stating that the building would not be able to be moved until such time that the severance process is complete. Mrs. Breen requested that Council consent to the provision of water and sewer services to the property. Council stated that no decision would be made with regards to this matter until the estimated costs for the hook up had been reviewed. 6. Delegations None. 7. Petitions None. 2 8. Communications a) County of Elgin - Elgin County Land Division Committee -A16 CTY Resolution #970923-15 MOVED BY: Dave Mason SECONDED BY: Ron Bradfield WHEREAS the Elgin County Land Division Committee requires nominations for a committee member; and, WHEREAS Allan Spicer has served one term of council and has served for four years on the Port Burwell Committee of Adjustments. BE IT RESOLVED, the Council of the Village of Port Burwell hereby nominates Allan Spicer to fill the vacant position on the Elgin County Land Division Committee. CARRIED: Tom Nesbitt, Reeve b) City of Thunder Bay - Request for Resolution of Support - C10 Received & Filed c) Government Grants & Loans Information - A0l GEN Received & Filed d) Industry Canada -A16 GEN Received & Filed e) Port Burwell Community Child Care - S01 COMM Received & Filed f) Take our Kids to Work 1997 - A01 GEN Received & Filed 3 g) Ministry of the Solicitor General & Correctional Services - A16 MSG Received & Filed h) Ministry of Health -A16 MOH Received & Filed i) Genest Murray DesBrisay Lamek - Legislative Update Received & Filed 9. Committee Reports a) County Reeve Nesbitt stated that the eroding section of County Road #42 would not be closed and that an expenditure of$50,000.00 to put in filter cloth and straw had been approved. Some crane work will also take place in order to correct slope. The Central Elgin administrative offices will be moving to the County Building. A set of 50 tonne scales, 50 tonne float, lockers, bull dozer and water pump were obtained for the new municipality from the County Roads Department. b) Museum Advisory Committee Councillor Mason stated that Ted Eagleton and David James had completed the installation of the safety barriers. Councillor Mason requested that letters of appreciation be sent to Ted Eagleton and David James for their work. Councillor Mason informed Council that he felt that boards should be laid across beams the in the lighthouse in order that the Roads Foreman can more safely replace the light bulbs. c) Community Policing No report. d) Fire Department No report. 4 e) Recreation Advisory Committee No figures with regards to the bar sales at the Port Burwell Public School Reunion have been received as of yet. Council directed that a letter be sent to the Port Burwell Public School Reunion Committee congratulating them on their efforts on behalf of the residents and the council for bringing the students back to the village. f) Events Committee Councillor Mason requested Council's interest in the presentation of the second annual Haunted Lighthouse. It was decided that a Haunted Lighthouse would be organized again this year. g) Planning Committee No report. h) Otter Valley Trail & Utility Corridor Intermunicipal Committee Open House is to be held on October 9, 1997 at 7:00pm at the Parish Hall. i) Port Burwell - Tillsonburg Communities of Interest Committee No report j) Transition Committee Reeve Nesbitt stated that the committee had discussed all staff recommendations for the new municipality. k) Lower Big Otter Remedial Project Steering Committee No report 1) Municipal Key Indicators i) Financial Reporting - Received & Filed ii) Lottery Licencing Report - Received & Filed 5 iii) Buy A Brick Report - Received & Filed iv) Fire Extinguisher Inspections - August 1997 - Received & Filed v) By-Law Enforcement Report - Received & Filed vi) Building Inspection Report - Received & Filed vii) Sewage Treatment Flows Report - Received & Filed viii) Municipal Water Consumption Analysis - Received & Filed 10. Consideration of Committee Reports None. 11. Bylaws i) By-Law 97-22 - Being a By-Law to amend By-Law 97-15, being a by-law to authorize the Reeve and the Acting Clerk to enter into a license agreement to operate a marina. Resolution #970923-09 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 97-22, being a By-Law to amend By-Law 97-15, being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a license agreement to operate a marina. CARRIED: Tom Nesbitt, Reeve By-Law Read a First & Second Time. By-Law Read a Third Time &f Finally Passed. ii) By-Law 97-26 - Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Hydromantis, Inc. Consulting Engineers for evaluation and modifications for the Port Burwell Wastewater Treatment Plant. 6 - Previously Circulated &Tabled Ed Roloson stated that further investigation would be required prior to making his recommendation. Tabled iii) By-Law 97-35 - Being a by-law to amend by-law 95-20 being a by-law to establish a procedure governing the sale of real property. Resolution #970923-07 MOVED BY:Jim Hevenor SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-36, beinga by-law to amend establish a procedure governing the sale of real ro by-law 95-20 being a by-law to p per'• CARRIED: Tom Nesbitt, Reeve By-Law Read a First & Second Time. By-Law Read a Third Time & Finally Passed. Resolution #97092341 MOVED BY: Ron Bradfield SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby declares the vacant lands at the corner of County Roads 42 &39, being Plan 12, Part Lot 11, being 1.36 acres in size as surplus lands. CARRIED: Tom Nesbitt, Reeve Resolution #970923-12 MOVED BY:Jim Hevenor SECONDED BY: Dave Mason 7 WHEREAS the Council of the Village of Port Burwell has declared the lands located at the corner of County Roads 42 &39, being Plan 12, Part Lot 11, being 1.36 acres in size as being surplus lands; and, WHEREAS the Council of the Village of Port Burwell has decided to sell these lands. THEREFORE the Council of the Village of Port Burwell hereby directs the Acting Clerk to undertake the real estate option according to Schedule "A" of By-Law 95- 20. CARRIED: Tom Nesbitt, Reeve iv) By-Law 97-36 - Being a by-law to establish rates of remuneration for the Acting Clerk and Acting Treasurer Resolution #970923-08 MOVED BY: Ron Bradfield SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-36, being a by-law to establish rates of remuneration for the Acting Clerk and Acting Treasurer CARRIED: Tom Nesbitt, Reeve By-Law Read, a First & Second.Time. By-Law Read. a Third.Time & Finally Passed. 12. Review and Approval of Accounts & Cheques Resolution #970923-05 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$27,187.04, the government payables in the amount of$82,712.25, the cheques attached in the amount of$5,334.64 and the financial reporting for the month of July, 1997. 8 CARRIED: Tom Nesbitt, Reeve 13. Committee of the Whole None. 14. New Business Resolution #970923-14 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to donate $35.00 to the Port Burwell Royal Canadian Legion for the Annual Poppy Campaign. CARRIED: Tom Nesbitt, Reeve Dave Mason stated that he had attended an end of season SWOTA meeting with regards to the summer students. Councillor Mason requested a costing for the operation of the municipal offices. Councillor Hevenor asked if the Roads Foreman could investigate the drain by Ed Croxford's house. Council directed that the Roads Foreman and the Building Inspector are to investigate the most cost effective way of improving the situation and provide a report to Council. Reeve Nesbitt stated that he would call each councillor for approval of the expenditure. Councillor Mason requested that cement blocks be placed at the wash out at base of pier. Council directed that Kevin Bradfield contact Steve Laemers Trucking and instruct him to deliver cement block and place them at the wash out at the base of the pier. 15. Old Business Reimbursement of costs for flowers to Port Burwell Bayham Horticultural Society Resolution #970923-13 9 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to reimburse the Port Burwell Bayham Horticultural Society the cost of flowers for the village planter boxes in the amount of$389.57. CARRIED: Tom Nesbitt, Reeve Donna Lamoure informed council that Murray Alward offered to maintain the flower bed at the bottom of the beach hill. Donna Lamoure is to request information from the Acting Treasurer with regards to the status of the infrastructure grant for the east beach washrooms. 16. Adjournment Resolution #970923-04 MOVED BY: Jim Hevenor Approved: October 14, 199 , y Tom Nesbitt, 'eve Donna Lamoure, Acting Clerk 10 Village of Port Burwell Minutes Council Meeting I 0 October 14, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason, Councillor Loucks and Councillor Bradfield Staff: Acting Clerk-Donna Lamoure and Building Inspector/By-Law Enforcement Officer - Ed Roloson Guests: Constable Harwood - Ontario Provincial Police, Detachment Commander Stephens - Ontario Provincial Police, Allan Spicer - Harbour Lights and George Allin 1. Call Meeting to Order 2. Declaration of Conflict of Interest Councillor Bradfield Item #13 & Item #15iii) Councillor Loucks Item #15ii) 3. Confirmation of Minutes i) - Regular Council Meeting dated September 23, 1997 Resolution #971014-01 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 September 23, 1997 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated September 23, 1997 Councillor Hevenor requested the status of Mr. & Mrs. Breen's application for severance. Donna Lamoure replied that the application would be heard on October 16, 1997. Councillor Mason requested that Kevin Bradfield improve appearance of the general area of the east pier rather than have Steve Laemers Trucking place cement blocks 1 in this area as directed at the September 23, 1997 Council Meeting. Dave Mason informed Council members that there would be no Haunted Lighthouse this year. Councillor Mason also informed Council that the Parish Hall and Our Place Restaurant would be hosting children's Halloween activities. 5. Presentations Ed Roloson stated that he had reviewed the proposal by Hydromantis for upgrades to the Sewage Treatment Plant and his recommendation was that the upgrades were not necessary at the present time, unless Vienna was to tie into the system. 6. Delegations Dennis Harwood, Constable - Ontario Provincial Police John Stephens, Detachment Commander - Ontario Provincial Police Constable Harwood and Detachment Commander Stephens provided an informative presentation with regards to the preliminary estimates for 1998. Council was informed that with the new revisions to the Police Services Act all municipalities are now required to pay for their own police services. The municipal costing formula was also reviewed. Reeve Nesbitt thanked Constable Harwood and Detachment Commander Stephens for their enlightening presentation and for their time. 7. Petitions None. 8. Communications a) Henry Valks - Port Burwell Provincial Park - A16 MNR - Letters dated August 8 & October 9, 1997 Council directed that the Building Inspector obtain estimates for paving between Chatham Street and the Provincial Park entrance from Berdan Paving, Peters Paving and ALW Paving. b) Ministry of Transportation - Connecting Link -A16 MTO Received & Filed 2 c) Great Lakes Water Quality Agreement -A01 GEN Received & Filed d) Ontario Healthy Communities Coalition - A10 GEN Received & Filed e) Ontario Federation of Agriculture - A16 OFA Received & Filed f) Canadian Olympic Association - P09 GEN Received & Filed g) LPRCA- A16 LPRCA Received & Filed h) Ross Huntley - Letter dated October 10, 1997 Quotations are to be obtained in order to consider paving the street between Chatham and the Provincial Park entrance. i) Official Opposition - National Unity - A16 GEN Received & Filed j) The Order of Ontario Tabled until the October 28, 1997 meeting k) Ministry of Economic Development, Trade and Tourism -A16 MEDT Received & Filed 1) Ministry of Municipal Affairs & Housing - User Fees - A16 MMA Received & Filed 3 m) County of Elgin -A16 CTY Received & Filed 9. Committee Reports a) County Reeve Nesbitt stated that the works to prevent erosion on County Road #42 were to be completed by October 10, 1997. Councillor Bradfield enquired as to the replacement of the Village of Port Burwell sign at the north east entrance. Reeve Nesbitt stated that he had enquired with regards to this and that he would again approach Fred Groch of the County Roads Department. The next County Transition meeting is to be next Tuesday, October 21, 1997. b) Museum Advisory Committee - Approval of Minutes of Committee Meeting Dated September 2, 1997 Resolution 971014-08 MOVED BY: Dave Mason SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the September 2, 1997 Museum Advisory Committee Meeting. CARRIED: Tom Nesbitt, Reeve 1997 Final Summer Report -James Peterson - Received & Filed Councillor Mason stated that the museum advisory committee had considered renting the shed beside the lighthouse to an individual for a retail outlet. Councillor Mason stated that the installation of a marine light tower at the north west corner of the museum parking lot was being considered. 4 c) Community Policing No report d) Fire Department Councillor Hevenor informed council that the Fire Chief would like to consult council with regards to the renovations of the Fire Hall. Reeve Nesbitt stated that whatever was necessary to bring the building to code would be done. e) Recreation Advisory Committee The bar proceeds from the Port Burwell School Reunion were $1,100. A 30% donation will be made by the Rec Society to the Reunion Committee. f) Events Committee The Santa Claus parade will be held on December 6, 1997. The parade will be a night parade once again this year. g) Planning Committee No report h) Otter Valley Trail & Utility Corridor Intermunicipal Committee The final public meeting was held on Thursday, October 9, 1997. The total cost over a 10 year period could be as high as $1.8 million. The cost as presented would be if the work was completed by contractors and could be much less considering volunteer work. The project is to be completed in seven phases. Over the ten years it is estimated that there will be an economic impact of over$18 million. i) Transition Committee One new County Roads employee is to be hired for the new municipality. j) Lower Big Otter Remedial Project Steering Committee No report 5 k) Municipal Key Indicators i) Financial Reporting - August, 1997 - Received & Filed 10. Consideration of Committee Reports None. 11. Bylaws i) By-Law 97-37 - Being a by-law to appoint a Building Inspector and a Plumbing Inspector. Resolution #971014-09 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 97-37, being a by-law to appoint a Building Inspector and a Plumbing Inspector. CARRIED: Tom Nesbitt, Reeve By-Law Read a First & Second Time. By-Law Read a Third Time & Finally Passed. ii) By-Law 97-26 - Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Hydromantis, Inc. Consulting Engineers for evaluation and modifications for the Port Burwell Wastewater Treatment Plant. - Previously Circulated &Tabled Considering the recommendations provided by the Building Inspector/By-Law Enforcement Officer E. Roloson council decided not to further consider the modifications to the Sewage Treatment Plant. 12. Review and Approval of Accounts & Cheques Resolution #971014-05 6 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$71,797.23, , the Council pay in the amount of $1,975.25, and the cheques attached in the amount of $535.00, less amount owning to OCWA$27,342.63 and ProMow Lawn Services in the amount of$4,066.00. CARRIED: Tom Nesbitt, Reeve 13. Review and Approval of Amtelecom, Kanservu & Payroll Resolution #971014-06 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the Amtelecom accounts payable in the amount of$850.01, Kanservu accounts payable in the amount of$53.45 and the payroll for the month of September, 1997 in the amount of$11,367.40. CARRIED: Tom Nesbitt, Reeve 14. Committee of the Whole Resolution #971014-02 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move into Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Resolution #971014-03 MOVED BY: Jim Hevenor 7 SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 15. New Business i) Rescheduling of November 11, 1997 Regular Council Meeting Resolution #971014-07 MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor WHEREASthe first regular council meeting for the month of November falls on Remembrance Day; and, WHEREAS the Council of the Village of Port Burwell deems it necessary to reschedule the said meeting. BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to reschedule the Tuesday, November 11, 1997 Regular Council Meeting to Wednesday, November 12, 1997. CARRIED: Tom Nesbitt, Reeve ii) Councillor Mason requested that some works be completed on the east beach washrooms. Gordon Loucks is to provide a price. iii) Resolution #971014-10 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED the Council of the Village of Port Burwell hereby provides permission for Madeline Stewart, to install a storm water drain from the downpipe of 27 Wellington Street to the nearest municipal storm sewer. Council hereby further agrees that the works are to be completed at the expense of the 8 property owner Madeline Stewart. CARRIED: Tom Nesbitt, Reeve iv) Council discussed planting English Ivey on the retaining wall under the bridge. Councillor Hevenor is to obtain the ivey and form a work party in order to plant the ivey. v) Council was informed that Talisman Energy has purchased Pembina Explorations. 16. Old Business i) Scott, Krantz-Sippel & Brander - Option Agreement to Grant Easement and Right of Way to Pembina Exploration Ltd. Council directed that Joan Krantz-Sippel be contacted and instructed to amend the agreement according to her recommendations. Council also requested that she include a clause in the agreement which states that the pipe must be removed should the site be abandoned. 17. Adjournment Resolution #971014-04 MOVED BY: Jim Hevenor Approve . October 9, 1.97 +, Tom esbitt, Reeve ,/ Donna Lamoure, Acting Clerk 9 Village of Port Burwell Minutes Council Meeting October 29, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason, Councillor Bradfield and Councillor Loucks Staff: Donna Lamoure -Acting Clerk, Kevin Bradfield - Public Works Foreman Guests: Phyl Pressey - Ontario Clean Water Agency 1. Call Meeting to Order 2. Declaration of Conflict of Interest Councillor Bradfield Item #13. 3. Confirmation of Minutes i) - Regular Council Meeting dated October 14, 1997 Resolution #971029-01 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 October 14, 1997 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated October 14, 1997 Kevin Bradfield stated that he had met with ALW Paving with regards to the Libbye Street repaving. He informed Council that along with the representative from ALW it had been decided that two half culverts and one full culvert would be installed in order to solve the drainage problem at the bottom of the ravine at the park entrance. Kevin Bradfield also informed Council that the Provincial Park would be paying for the three culverts to be installed. 1 Resolution #971029-11 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor WHEREAS the Port Burwell Provincial Park has offered to partially fund the paving of Libbye Avenue in the amount of$12,000.00 as well as provide new culvert pipes as required. THEREFORE BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to engage the services of ALW Paving Co. Ltd. to pave 6 meters x 217 meters of Libbye Avenue as per their quotation dated October 18, 1997 in the amount of$17,655.00 including GST. CARRIED: Tom Nesbitt, Reeve Councillor Mason requested asked Gord Loucks if he had prepared a quotation with regards to the east beach washrooms. Gord Loucks stated that he would provide the quote as soon as possible. 5. Presentations None. 6. Delegations Phyl Pressey - Ontario Clean Water Agency Memo dated October 22, 1997 S. Mantel - Previously Circulated Council and Mr. Pressey discussed the dispute with regards to the installation of the new comminuter. Phyl Pressey informed Council that the new Comminuter would handle a potential plant expansion should Vienna be connected to the Port Burwell Sewage Treatment Plant. Mr. Pressey also acknowledged that Ontario Clean Water Agency had made some errors in their billing and that these errors would be corrected. 7. Petitions None. 2 8. Communications a) Prime Minister of Canada - COO FEDL Received & Filed b) Ministry of Municipal Affairs & Housing -A16 MMA Received & Filed c) Elgin St. Thomas Health Unit -A16 ESHU Received & Filed d) Ministry of Municipal Affairs - Education Voting Rights Act -A16 MMA Received & Filed e) City of Stratford -A16 GEN Received & Filed f) Heritage Tree Committee of the St. Thomas Field Naturalists Club Council was in favour of the Heritage Tree Committee of the St. Thomas Field Naturalists Club designating heritage trees within the village. g) Department of Justice - Canadian Firearms Centre - A16 GEN Received & Filed h) Ministry of Natural Resources - A16 MNR Received & Filed i) Recycling Council of Ontario - Wast Reduction Week Received & Filed 3 j) Order of Ontario - A16 GEN Council directed that the form be completed nominating Fred Bodsworth for the Order of Ontario Award. 9. Committee Reports a) County Reeve Nesbitt reported that Matt Schaffer was appointed to the County Land Division Committee. Reeve Nesbitt informed Council that the County Road 42 rehabilitation had been completed at a cost of$25,000.00. It was reported that the County Transition meetings are going well. b) Museum Advisory Committee Linda Millard has been invited to present her museum report to the Port Burwell Museum Advisory Committee at the November 4, 1997 Museum Advisory Committee Meeting. Councillor Mason reported that the model of the Ashtabula had been returned. Councillor Mason informed Council that the Lighthouse will not be painted this year. Councillor Mason requested that Kevin Bradfield measure the windows that are leaking in the lighthouse in order to have replacement windows ordered. Dave Mason reported that he had spoken with Lynn Buchner the Administrator of the new municipality with regards to council representation on local committees. Councillor Mason stated that he had told Ms. Buchner that it was his opinion that Council representation on local Committees and Boards was essential. This matter will be further discussed by the new council of the new municipality. c) Community Policing Reeve Nesbitt stated that he would be driving around the village on Halloween 4 monitoring vandalism. Councillor Hevenor, Bradfield, Mason and Loucks will also be helping. d) Fire Department - Application for Volunteer Firefighter Resolution #971029-08 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the appointment of Mr. Bill Babcock to the Port Burwell Volunteer Fire Department upon the recommendation of Fire Chief Tom Millard. CARRIED: Tom Nesbitt, Reeve Reeve Nesbitt stated that he, as well as Tom Millard, Paul Vyse, Councillor Bradfield and Councillor Hevenor had met with Chris Pickard, the engineer from Totten, Sims, Hubicki and Associates with regards to an addendum to the fireball renovation tender package. Mr. Pickard advised those at the meeting of the changes that could be made to the tender and that he would prepare an addendum to the tender. It was decided that prior to opening the tenders a meeting with Eleanor Castle of the Ministry of Labour would be requested in order to ensure that the provisions contained within the addendum would be permitted. e) Recreation Advisory Committee The next meeting is to be held October 29, 1997. Councillor Hevenor stated that the tractor that the committee is raffling had been winterized. It was suggested that the tractor be moved into the public works yard until a storage facility is found f) Events Committee The next meeting is to be held November 5, 1997 5 g) Planning Committee No Report. h) Otter Valley Trail & Utility Corridor Intermunicipal Committee The next meeting is to be held on October 30, 1997 at 2:00pm at the Tillsonburg Town Offices. i) Transition Committee The Museum report was presented to the Transition Committee by Linda Millard. Linda Millard was directed to present the report to the Port Burwell Museum Advisory Committee in order to obtain their comments before presenting the report to the Transition Committee again. j) Lower Big Otter Remedial Project Steering Committee The next meeting will be November 6, 1997 at 1:30pm at the Tillsonburg Town Offices. 10. Consideration of Committee Reports No report. 11. Bylaws i) By-Law 97-38 - Being a by-law authorizing the Corporation of the Village of Port Burwell to enter into two (2) Option Agreements to grant an easement and right-of- way with Pembina Exploration Limited across lands of the former Canadian Pacific (Port Burwell Subdivision) Railway right-of-way known as the Otter Valley Utility Corridor and Recreation Trail. - Letter Dated September 29, 1997 from Dale Norman to Fran Bell - Memo Dated October 3, 1997 from Fran Bell to Town of Tillsonburg Council Resolution #971028-07 MOVED BY: Ron Bradfield SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to 6 introduce By-Law 97-38- Being a by-law authorizing the Corporation of the Village of Port Burwell to enter into two (2) Option Agreements to grant an easement and right-of-way with Pembina Exploration Limited across lands of the former Canadian Pacific (Port Burwell Subdivision) Railway right-of-way known as the Otter Valley Utility Corridor and Recreation Trail. CARRIED: Tom Nesbitt, Reeve By-Law Read a First & Second.Time. By-Law Read a Third Time & Finally Passed. 12. Review and Approval of Accounts & Cheques Resolution #971029-05 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$12,472.96, Ontario Clean Water Agency payables in the amount of$27,342.00, ProMow payables in the amount of $4,066.00 and the cheques attached in the amount of$486.53. CARRIED: Tom Nesbitt, Reeve 13. Review and Approval of Kanservu Account Resolution #971029-06 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the Kanservu accounts payable in the amount of$54.52. CARRIED: Tom Nesbitt, Reeve 14. Committee of the Whole Resolution #971029-02 7 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move into Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Resolution #971029-03 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 15. New Business Memo S. Mantel Dated October 22, 1997 re: Outstanding Water/Sewer Accounts Resolution #971029-10 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor WHEREASthe said water/sewer accounts are not able to be collected. BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to write-off the water\sewer arrears from 1994 for 21 Erieus Street in the amount of $76.65 and Unit #7, Grace Court in the amount of$33.00. CARRIED: Tom Nesbitt, Reeve Council discussed the matter of water/sewer charges for the lower units of 21 Brock Street. It was decided that the building would be charged for water/sewer services according to nine units rather than 18 units. 8 Resolution #971029-10 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to write-off the water\sewer charges for the nine lower units of 21 Brock Street in the amount of$12,686.39 including penalties and interest. Council further agrees that no additional charges for water/sewer will be levied upon the nine lower units of 21 Brock Street. Charges will be levied for water/sewer services based upon usage for nine units at 21 Brock Street only. CARRIED: Tom Nesbitt, Reeve Council directed that the loose stones at parkette are to be repaired by Kevin Bradfield. Councillor Mason requested that the roadway at the bottom of Robinson Street to the East Beach parking lot be repaired. Councillor Mason indicated a drainage problem at the south end of Elizabeth Street. Council directed that Kevin Bradfield obtain the services of Steve Laemers to correct the problem. 16. Old Business It was decided that the tenders for the Fire Hall Renovation Project would not be opened until the representative from the Ministry of Labour is contacted with regards to the addendum to the fire hall renovation tender package. The request from Bertha Breen with regards to the water/sewer connection was tabled pending consultation with the Building Inspector. Reeve Nesbitt informed Council that he had spoken with Dwayne Blanchard of the Department of Fisheries and Oceans with regards to the letter dated October 14, 1997 that was sent to him with concerning the harbour divestiture. It was decided that Dwayne Blanchard would be contacted in order to request his attendance at the November 12, 1997 Council Meeting to further discuss matters. A letter is to be sent to Gordon Craig with regards to the collection of harbour fees. 9 17. Adjournment Resolution #971029-04 MOVED BY: Jim Hevenor Approved: November 12, 199 ie)t, / ,/I ,( Tom Nesb' t, Reeve L1 (t Donna I;amoure, Acting Clerk 10 Village of Port Burwell Minutes Council Meeting November 12, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason, Councillor Bradfield and Councillor Loucks Staff: Donna Lamoure - Acting Clerk, Kevin Bradfield - Public Works Foreman Guests: Tom Millard - Fire Chief and Glen Perry - Firefighter 1. Call Meeting to Order 2. Declaration of Conflict of Interest Councillor Bradfield Item #13 3. Confirmation of Minutes • i) - Regular Council Meeting dated October 29, 1997 Resolution #971112-01 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 29, 1997 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated October 29, 1997 Public Works Foreman Kevin Bradfield stated that inspections had been completed with regards to the proposed new Libbeye Street drainage. Council was informed that the new culvert pipe is to be delivered Thursday November 13, 1997. Drainage works and road pulverization are to begin November 17, 1997. Councillor Mason requested information with regards to a map of the trees within the village that have been designated heritage trees. Donna Lamoure stated that she had been informed that the maps indicating the tree locations would not be available until 1 early next year. Gord Loucks stated that he would start work on the east beach washrooms as his earliest convenience. Councillor Mason stated that the lighthouse is in need of five new windows. The price of the windows will be$385.94 including tax. Councillor Mason stated that the Historical Society would pay for the installation of the windows in the spring if Council would purchase the windows. Resolution #971112-08 MOVED BY: Dave Mason SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to purchase five windows for the lighthouse from Heimstra Woodworking for$385.94 including tax. CARRIED: Tom Nesbitt, Reeve Kevin Bradfield requested Council's position on removing the spruce tree located at 40 Robinson Street. Councillor Mason stated that he would like to see the tree moved to Memorial Park or the southwest corner of the Museum Parking Lot. Council decided that the tree should be placed at the southwest corner of the Museum Parking Lot. Kevin Bradfield requested the status of the various cement work in the Village. Gord Loucks replied that the works will commence during the week of November 17, 1997. Council agreed to allow Kevin Bradfield to hire Mark Thornton as a casual labourer to assist in moving picnic tables and in installing the drain on Libbeye Avenue. 5. Presentations None. 6. Delegations Robert Christoph - Final Inspection 36 Robinson Street - Not Present 2 7. Petitions None. 8. Communications a) Port Burwell Firefighter's Association - Al6 FIRE Fire Chief Tom Millard stated that the Firefighter's Association would like to assume ownership of the antique firetruck. Chief Millard informed Council that the firetruck has been owned by the village for 33 years. Reeve Nesbitt stated that his concern would be obtaining insurance for the firetruck. Chief Millard stated that once ownership was assumed the Firefighters Association would then purchase insurance on the vehicle. Donna Lamoure is to call the Ministry of Transportation Licence Office and request the information with regards to the proper process for transferring ownership of the firetruck. Councillor Loucks requested that it be stated that the firetruck would not be able to be sold after being donated to the Firefighter's Association. Donna Lamoure is to check to see if there are standard fire service pins available in order to present some of the firefighters with commemorative pins for their years of service. b) Ministry of Natural Resources - A16 MNR. Received & Filed. c) Long Point Region Conservation Authority - A16 LPRCA Received & Filed. d) Long Point Region Conservation Authority -A16 LPRCA Received & Filed. e) Ministry of Community & Social Service - A16 MCSS Received & Filed. 3 f) Minister of Agriculture, Food and Rural Affairs -A16 MAGF Received & Filed. g) Town of Pickering - A16 GEN Received & Filed. 9. Committee Reports a) County Reeve Nesbitt stated that the County will be holding two more meetings and the swearing in of the new Council will take place on December 9, 1997. The new County Council will consist of nine officials. The Administrative Offices for the Municipality of Central Elgin are now located at the County Building. b) Museum Advisory Committee Approval of Minutes of Committee Meeting dated October 7, 1997 Resolution #971112-07 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the October 7, 1997 minutes of the Museum Advisory Committee. CARRIED: Tom Nesbitt, Reeve The Lighting of the Lighthouse will take place after the Santa Claus Parade on December 6, 1997. Dave Mason presented the Museum Advisory Committee's response to Linda Millard's report to the Transition Board with regards to the Museum. c) Community Policing 4 Reeve Nesbitt stated that he would like to thank everyone for their support in patrolling Halloween night. d) Fire Department No report. e) Recreation Advisory Committee Councillor Hevenor stated that there was supposed to be a meeting November 11, 1997 and that it has been canceled. The theme for the 1997 Santa Claus Parade is Christmas by the Beach. f) Events Committee The Santa Claus Parade will be held December 6, 1997 at 6:30pm. The band will be the Woodstock Sea Cadets. A letter is to be circulated to the persons who participated last year. Councillor Mason presented a letter from SWOTA with regards to events in 1998. It was decided that the form would be completed indicating dated of the Canada Day Events, the Canoe Challenge and Tub Daze Events. g) Planning Committee No report. h) Otter Valley Trail & Utility Corridor Intermunicipal Committee The next meeting is to be held on November 20, 1997 at 2:00pm at the Tillsonburg Town Offices. i) Transition Committee Reeve Nesbitt stated that at the last meeting there were presentations from auditors and insurance companies. The next meeting is to be held on November 17, 1997. j) Lower Big Otter Remedial Project Steering Committee 5 The budget application to be submitted to the Great Lakes Clean Up Fund in the amount of$27,000 was reviewed. k) Municipal Key Indicators i) Financial Reporting - Received & Filed. ii) Lottery Licencing Report - Received & Filed. iii) Buy A Brick Report - Received & Filed. iv) Fire Extinguisher Inspections - Received & Filed. v) By-Law Enforcement Report - Received & Filed. vi) Building Inspection Report - Received & Filed. vii) Sewage Treatment Flows Report - Received & Filed. viii) Municipal Water Consumption Analysis - Received & Filed. 10. Consideration of Committee Reports No report. 11. Bylaws i) Consideration of Proposed Pembina Option Agreement Council reviewed the proposed easement agreement and directed that a by-law permitting the agreement be formulated for consideration at the November 25, 1997 Council meeting. 12. Review and Approval of Accounts Payable Resolution #971112-05 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the 6 accounts payable as amended in the amount of$26,787.24 and the Council pay in the amount of$1,721.46. CARRIED: Tom Nesbitt, Reeve 13. Review and Approval of Payroll &Amtelecom Accounts Payable Resolution #971112-06 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the Amtelecom accounts payable in the amount of $656.22, and the payroll for the month of October, 1997 in the amount of$15,534.18. CARRIED: Tom Nesbitt, Reeve 14. Committee of the Whole Resolution #971112-02 MOVED BY: Dave Mason SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move into Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Resolution #971112-03 MOVED BY: Gord Loucks SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 7 15. New Business i) Councillor Loucks asked if there were remaining funds for street lighting. He stated that two street lights could be placed at the parish hall and one south of the parish hall. Donna Lamoure is to ask Acting Treasurer Suzanna Mantel if there are funds available. If there are funds two lights for the previously mentioned locations are to be purchased. ii) Councillor Loucks stated that a ramp is being built at the Post Office and that a Minor Variance was not obtained. Reeve Nesbitt replied that a telephone poll had been conducted and that a majority of Council had agreed to allow the works to proceed. Resolution #971112-09 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to allow a 20 inch encroachment for 27 Wellington Street to allow for a wheelchair accessibility ramp to be installed, built to the specifications of the Building Code and to the approval of the Chief Building Official. CARRIED: Tom Nesbitt, Reeve 16. Old Business i) Councillor Hevenor requested the status on the building permit for the Breen property on Robinson Street. Reeve Nesbitt stated that the site plan agreement is being drafted by John Henricks of Aquafor Beech. ii) Resolution #971112-10 MOVED BY: Dave Mason SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to supply the water\sewer connection to the property line of 40 Robinson Street. CARRIED: Tom Nesbitt, Reeve 8 iii) Ron Bradfield stated that the docks had been removed and that he would like Ls $1,000.00 deposit reimbursed. Council stated that the docks had to be inspected prior to reimbursing the$1,000.00. 17. Adjournment Resolution #971112-04 MOVED BY: Jim Hevenor Approved: November 25, 1997 Tom Ne itt, Reeve V -e Donna Lamoure, Acting Clerk 9 Village of Port Burwell Minutes Council Meeting November 25, 1997 7:30 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason, Councillor Bradfield and Councillor Loucks Staff: Donna Lamoure -Acting Clerk, Kevin Bradfield - Public Works Foreman and Tom Millard - Fire Chief Guests: Lois Millard 1. Call Meeting to Order 2. Declaration of Conflict of Interest Ron Bradfield Item #14b - Municipal Docks Gord Loucks Item #8d 3. Confirmation of Minutes i) - Regular Council Meeting dated November 12, 1997 Resolution #971125-01 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 November 12, 1997 Regular Council Meeting. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated November 12, 1997 Gord Loucks is to fix the washrooms at the east beach before the end of December. Kevin Bradfield informed Council that the Libbye Avenue paving is to begin on November 26, 1997. Kevin Bradfield informed council that new street lights are to be placed at the Parish 1 Hall and across from the Brock Street pumping station. The two existing street lights at the south end of Strachan Street are to be moved to more effective locations near by. Kevin Bradfield informed council that the remaining cement works are to begin November 26, 1997. 5. Presentations None. 6. Delegations None. 7. Petitions None. 8. Communications a) Port Burwell Firefighters'Association Resolution #971125-07 MOVED BY: Ron Bradfield SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to donate the 1932 Chevrolet Bickle to the Port Burwell Firemen's Association. CARRIED: Tom Nesbitt, Reeve b) LBORP committee meeting notes Councillor Hevenor stated that bacteria counts had been conducted in the past near the Memorial Park drain on the East Beach. The test results indicated high bacteria levels. This area is to be tested again in the future. Councillor Hevenor requested that Council provide suggestions for other test areas. 2 c) Ontario Human Rights Commission Resolution #971125-06 MOVED BY: Gord Loucks SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby proclaims December 10, 1997 Human Rights Day and December 8 - 12, 1997 Human Rights Weeks. CARRIED: Tom Nesbitt, Reeve d) Ronald & Elizabeth Loucks A letter is to be sent to Mr. &Mrs. Loucks requesting that they submit costs for the connection to the water and sewer services. e) Intelligarde - Law Enforcement Company Received & Filed f) County of Elgin, Land Division - Ingolfsrud severance Received & Filed. g) LCBO A letter is to be sent supporting Sunday opening of the LCBO. h) Small Craft Harbours Donna Lamoure is to contact George Enei in order to arrange a day time meeting to tour the harbour. 9. Committee Reports a) County No report. 3 b) Museum Advisory Committee The last meeting of the Museum Advisory Committee is to be December 2, 1997. c) Community Policing No report. d) Fire Department No report. e) Recreation Advisory Committee The remaining Market Square debt is currently$21,000. Council directed that Suzanna Mantel prepare a report with regards to the debt of the Recreation & Community Improvement Society. f) Events Committee Councillor Mason requested that Councillor Bradfield ask Reverend Tom Beecroft to lead in the Christmas Carols after the Santa Claus Parade on December 6, 1997. g) Planning Committee No report. h) Otter Valley Trail & Utility Corridor Intermunicipal Committee The next meeting is to be held on Monday December 15, 1997 at 2:00pm at the Town of Tillsonburg Municipal Offices. i) Transition Committee Councillor Mason stated that Barker Stanley were chosen to be the auditors for the new municipality. A Municipal Planner was not chosen Frank Cowan Insurance was chosen. The Museum Board report was presented to the Transition Board. 4 j) Lower Big Otter Remedial Project Steering Committee No report. k) Municipal Key Indicators i) Financial Reporting - October, 1997 - Received & Filed ii) Long Term Debt report - Received & Filed iii) Tax Arrears report - Received & Filed 10. Consideration of Committee Reports No report. 11. Bylaws i) By-Law 97-18 - Being a by-law authorizing the Corporation of the Village of Port Burwell to enter into an Option Agreement to Grant Easement and Right-of-way to Pembina Exploration Limited across lands being in the Village of Port Burwell, County of Elgin, various lots according to Registered Plan No. 12 and part of the original bed of Lake Erie, lying in front of Lot 11 and Lot 12, in the First Concession. Resolution #971125-08 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 97-18, being a by-law authorizing the Corporation of the Village of Port Burwell to enter into an Option Agreement to Grant Easement and Right-of- way to Pembina Exploration Limited across lands being in the Village of Port Burwell, County of Elgin, various lots according to Registered Plan No. 12 and part of the original bed of Lake Erie, lying in front of Lot 11 and Lot 12, in the First Concession. CARRIED: Tom Nesbitt, Reeve By-Law Read a First & Second Time 5 By-Law Read a Third Time ? Finally Passed. ii) By-Law 97-39 - Being a by-law authorizing the Corporation of the Village of Port Burwell to enter into an Agreement with Steve Laemers for the provision of winter control. Tabled - Council requested that a copy of the map indicating the priority areas and snow plowing routes be received prior to consideration of the by-law. 12. Review and Approval of Accounts Payable Resolution #971125-05 MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the accounts payable in the amount of$ 8,858.91, government payables in the amount of$82,713.25 and cheques attached in the amount of$896.94. CARRIED: Tom Nesbitt, Reeve 13. Committee of the Whole Resolution #971125-02 MOVED BY: Ron Bradfield SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move into Committee of the Whole. CARRIED: Tom Nesbitt, Reeve Resolution #971125-03 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason 6 BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 14. New Business A) Gary Wilson of Bellwood Transportation in Belmont has expressed an interest in purchasing the wood stove at the Public Works building. Council directed that the wood stove be offered to Mr. Wilson at a cost of $500 to be paid before December 31, 1997. B) Reeve Nesbitt read a letter from Ron Bradfield which stated that the docks had been removed and that they had been repaired. The letter also requested reimbursement of the $1,000 deposit. Resolution #971125-09 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the village of Port Burwell hereby directs the Chief Building Official to inspect the Municipal docks and upon Ls direction reimburse the$1,000 deposit to Bradcranex. CARRIED: Tom Nesbitt, Reeve B) Dave Mason asked Kevin Bradfield if he could investigate the problem with the newly installed drain at Milton and Waterloo Streets. C) Council requested that a mobile shredding unit be contacted in order that they could have their old council papers shredded. D) A letter is to be sent to John Warren congratulating him on his retirement. 15. Old Business A) Fire Hall Renovation Project Resolution #971125-10 7 MOVED BY: Ron Bradfield SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby accepts the quotation from Ed Matthews Carpentry in the amount of $34,000.00 for renovation work at the Port Burwell Fire Hall. CARRIED: Tom Nesbitt, Reeve Council requested that the cost of the new furnace for the fireball be presented. B) Coldwell Banker is to be contacted with regards to the Chatham Street land sale. C) Gord Craig is to be contacted with regards to harbour collections. D) The Parish Hall is to be rented in order to present pins to selected members of the Fire Department for their service. All Volunteer Fire Fighters and their spouses are to be invited. 16. Adjournment Resolution #971125-04 MOVED BY: Gord Loucks Approved: Dece-`.er 9, 1997 / ' / ei,, o;/( Tom N: bitt, Reeve i Ale/e-( Donna Lamoure, Acting Clerk 8 Village of Port Burwell Minutes Council Meeting December 9, 1997 7:00 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason, Councillor Bradfield and Councillor Loucks Staff: Donna Lamoure - Acting Clerk, Kevin Bradfield - Public Works Foreman, Tom Millard - Fire Chief and Ed Roloson - Chief Building Official/By-Law Enforcement Officer Guests: Stuart McKibbin, Richard & Bertha Breen, Nancy Boutin - Tillsonhurg News and Robert Christoph 1. Call Meeting to Order Resolution #971209-02 MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move into Committee of the'Whole. CARRIED: Tom Nesbitt, Reeve Resolution #971209-03 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 2. Declaration of Conflict of Interest Councillor Bradfield Item #12 & Item #13, Councillor Loucks Item #8a & #12 and Councillor Hevenor Item #15g. 1 3. Confirmation of Minutes i) - Regular Council Meeting dated November 25, 1997 Resolution #971209-01 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 November 25, 1997 Regular Council Meeting as amended. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated November 25, 1997 Councillor Mason requested information with regards to the complaint received from Nancy Vince with regards to the moving of the street light located near her father's property at 14 Strachan Street. Kevin Bradfield indicated that he had spoken to Mr. Brisseau with regards to moving the street light and that Mr. Brisseau had agreed. Councillor Mason requested that a letter be sent to Ms. Vince indicating that Kevin Bradfield had indeed consulted with her father, Mr. Brisseau and that he had agreed to moving the street light. It was decided that the Firemen's Appreciation Night would be held on December 18, 1997 at 7:00pm at the Parish Hall. 5. Presentations None. 6. Delegations Robert Christoph - Engineering Costs for 36 Robinson Mr. Christoph distributed excerpts from the Building Code to council and indicated that he would like to have his costs for engineered drawings for his building reimbursed. Mr. Christoph stated that in 1995 he had been informed by an employee of the Ontario Building Code Advisory that it was not necessary for him to obtain engineered drawings for his building. Reeve Nesbitt informed Mr. Christoph that the Building Inspector would investigate 2 the matter further and provide a report to Council and at that time Council would inform him of their decision with regards to his engineering costs. Bertha Breen - Site Plan Agreement - 36 Robinson Street Reeve Nesbitt asked Mr. &Mrs. Breen if they had any questions with regards to the Site Plan Agreement as presented. Mrs. Breen indicated that the joint access clause was not pertinent to this site. Council and the Building Inspector agreed that this item would be omitted from the agreement. Mrs. Breen indicated that the agreement stated that their parking lot would have to be paved and they would not be able to comply with this requirement right away. It was Council's decision that a clause would be inserted into the agreement stating that the parking would be paved by December 31, 2000. Mr. & Mrs. Breen then asked the amount of the security deposit that would be required. Reeve Nesbitt stated that it was Council's decision that a $1,000.00 security deposit be required. 7. Petitions None. 8. Communications a) Ronald & Elizabeth Loucks - previously circulated - Invoices from Steve Laemers Resolution #971209-16 MOVED BY: Ron Bradfield SECONDED BY: Dave Mason BE IT RESOLVED the Council of the Village of Port Burwell hereby agrees cover the costs of the installation of water\sewer services to the property line of Ronald & Elizabeth Loucks in the amount of$1,246.53. CARRIED: Tom Nesbitt, Reeve 3 9. Committee Reports a) County ' Reeve Nesbitt stated that he had not been able to attend recent County Council Meetings and that the last County meeting had been held on December 9, 1997. b) Museum Advisory Committee - Approval of Minutes of Committee Meeting dated November 4, 1997 Resolution #971209-09 MOVED BY: Jim Hevenor SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the minutes of the November 4, 1997 Museum Advisory Committee Meeting. • CARRIED: Tom Nesbitt, Reeve The 1998 fundraising dinner is to be held on June 6, 1998 and the theme is to be "The Sinking of the Titanic". The new light tower is to be painted in the near future and the purchase of a clock for the top of the tower is being considered. c) Community Policing Reeve Nesbitt stated that Community Policing representative George Allin had wanted to attend the council meeting but was unable. Reeve Nesbitt informed Council that Mr. Allin wanted to thank council for their cooperation in the Halloween patrol and to wish all Councillors good luck in their future endeavours. d) Fire Department Jim Hevenor indicated that Sam Taylor was the only applicant for the position of Fire Chief for the new municipality. 4 Fire Chief Tom Millard stated that the roof of the fireball had been shingled and that the other works should be completed by the end of the year. Resolution #971209-20 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the installation of a 125,000 high efficient gas furnace to be installed by Neville Propane at a cost of$3,150.00 plus GST. CARRIED: Tom Nesbitt, Reeve Certificates are to be presented to the Firefighters in appreciation of their services on December 18, 1997 at 7:00pm at the Parish Hall. e) Recreation Advisory Committee Councillor Hevenor indicated that the Recreation Society and the Museum Committee had presented a successful parade. Resolution #971209-07 MOVED BY: Jim Hevenor SECONDED BY: Gord Loucks WHEREAS the Council of the Village of Port Burwell deems it necessary to write off any outstanding invoices issued to the Port Burwell Recreation & Community Improvement Society with regards to Market Square and Centennial Park. THEREFORE the Council of the Village of Port Burwell hereby writes off Invoice #95052 in the amount of$15,038.92 and Invoice #96018 in the amount of$30,000.00. CARRIED: Tom Nesbitt, Reeve f) Events Committee Councillor Loucks suggested that a thank you be sent to all village 5 committees for their support over the years. g) Planning Committee No report. h) Otter Valley Trail & Utility Corridor Intermunicipal Committee • The next meeting is to be held on December 15, 1997 at 2:00pm.. i) Transition Committee Reeve Nesbitt stated that the Fire Chief's position would be discussed at the next meeting to be held on December 15, 1997. It was also stated that the engineers for the new municipality would be chosen by the new council. The inaugural meeting of the new council will be held on January 5, 1998 at 7:OOpm j) Lower Big Otter Remedial Project Steering Committee No report. le) Municipal Key Indicators i) Sewage Treatment Flows Report - Received & Filed Municipal Water Consumption Analysis - Received & Filed ii) Lottery Licencing Report - Received & Filed iii) Buy A Brick Report - Received & Filed iv) Fire Extinguisher Inspections - Received & Filed v) By-Law Enforcement Report - Received & Filed vi) Building Inspection Report - Received & Filed 6 10. Consideration of Committee Reports None. 11. Bylaws i) By-Law 97-39 - Being a by-law authorizing the Corporation of the Village of Port Burwell to enter into an Agreement with Steve Laemers for the provision of winter control. - Resolution #971209-10 Tabled. ii) By-Law 97-27 - Being a By-Law to authorize the Reeve and the Acting Clerk to enter into an Agreement with Ed Matthews Carpentry for Renovations to the Fireball. Resolution #971209-13 MOVED BY: Dave Mason SECONDED BY: Gord Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-27, being a By-Law to authorize the Reeve and the Acting Clerk to enter into an Agreement with Ed Matthews Carpentry for Renovations to the Firehall. CARRIED: Tom Nesbitt, Reeve By-Law Read a First & Second Time By-Law Read a Third Time & Finally Passed. iii) By-Law 97-26 - Being a By-Law to authorize the Reeve and the Acting Clerk to enter into a Site Plan Agreement with Richard &Bertha Breen for the development of an Ice Cream Parlour at 38 Robinson Street. Resolution #971209-14 . MOVED BY: Ron Bradfield SECONDED BY: Dave Mason 7 BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-26, being a By-Law to authorize the Reeve and the Acting Clerk to enter into a Site Plan Agreement with Richard & Bertha Breen for the development of an Ice Cream Parlour at 38 Robinson Street. CARRIED: Tom Nesbitt, Reeve By-law Tabled iv) By-law 97-21 - Being a By-Law to authorize the Reeve and the Acting Clerk to enter into an "Agreement in Principle" with Fisheries and Oceans Canada with respect to future ownership of lands described in Schedule "A" attached hereto. Resolution #971209-15 MOVED BY: Ron Bradfield SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-21, being a By-Law to authorize the Reeve and the Acting Clerk to enter into an "Agreement in Principle" with Fisheries and Oceans Canada with respect to future ownership of lands described in Schedule "A" attached hereto. CARRIED: Tom Nesbitt, Reeve By-law Tabled 12. Review and Approval of Accounts Payable Resolution #971209-05 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 $14,518.91, Council pay in the amount of$1,614.22 and cheques attached in the amount of$1,311.80. CARRIED: Tom Nesbitt, Reeve 8 13. Review and Approval of Amtelecom Accounts Payable Resolution #971209-11 MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the Amtelecom accounts payable in the amount of$776.09 and the Kanservu accounts payable in the amount of$53.45. CARRIED: Tom Nesbitt, Reeve 14. Committee of the Whole Held at the beginning of the meeting 15. New Business a) Appointment of Municipal Auditor Resolution #971209-12 MOVED BY: Dave Mason SECONDED BY: Ron Bradfield BE IT RESOLVED the Council of the Village of Port Burwell hereby agrees to appoint Brian M.I. Budarick, Chartered Accountant as Municipal Auditor for the fiscal year of 1997 in accordance with By-law 96-51 and the attached agreement passed December 17, 1996. CARRIED: Tom Nesbitt, Reeve b Councillor Hevenor suggested that there were items at the Public Works Building that do not belong to the village, being Tub Daze equipment and Santa Clause Parade equipment belonging to the Recreation Society and the Museum Committee. c A letter from the Harbour Lights was presented. Reeve Nesbitt requested that Councillor Hevenor contact Jim Oliver in order to address the matter. 9 d Councillor Mason stated that he had concerns for the health of the dogs lodged at 1 Chatham Street. Ed Roloson stated that he would investigate the matter. Resolution #971209-18 MOVED BY: Gord Loucks SECONDED BY: Jim Hevenor WHEREAS the Village of Port Burwell's Administrator was terminated by the Bayham/Vienna/Port Burwell Transition Board on or about September 9, 1997; and, WHEREASthe above termination has placed a more extensive and expanded range of duties on the Village Staff. THEREFORE BE IT RESOLVED, that the Council of the Village of Port Burwell hereby directs the treasurer to issue cheques to each village employee in the amount of$4Q0.00 for assuming the above expanded duties and as a Christmas bonus. AND FURTHER, the Council of the Village of Port Burwell directs, if possible that the cost of the above be recorded as a transition expense. CARRIED: Tom Nesbitt, Reeve f Stuart McKibbin stated that he appreciated the work that the Council had done over the past three years, as well as the other past councils. Stuart stated that he had served as a Police Trustee and councillor in the past. g Resolution #971209-17 MOVED BY: Ron Bradfield SECONDED BY: Dave Mason BE IT RESOLVED the Council of the Village of Port Burwell hereby agrees cover the costs of the installation of water\sewer services to the property line of James &MaryBeth Hevenor in the amount of$2,238.59. CARRIED: Tom Nesbitt, Reeve 10 h Resolution #971209-19 MOVED BY: SECONDED BY: BE IT RESOLVED, the Council of the Village of Port Burwell hereby agree to hold a Council Meeting on Monday, December 29, 1997 at 7:00pm. CARRIED: Tom Nesbitt, Reeve 16. Old Business • a) - Write off of Invoice #96032 - Ontario Clean Water Agency Resolution #971209-08 MOVED BY: Ron Bradfield SECONDED BY: Gord Loucks WHEREAS it is the responsibility of the Village of Port Burwell to pay for costs incurred for transferring ownership of the Port Burwell Sewage Treatment Plant property from ownership of Ontario Clean Water Agency to ownership of the Village of Port Burwell; and, WHEREAS the Village of Port Burwell has billed these costs to the Ontario Clean Water Agency. THEREFORE, BE IT RESOLVED, the Council of the Village of Port Burwell deems it necessary to write off Invoice #96032 to Ontario Clean Water Agency in the amount of$1,756.88. CARRIED: Tom Nesbitt, Reeve b Resolution #971209-06 MOVED BY: Jim Hevenor SECONDED BY: Ron Bradfield WHEREAS the Ontario Clean Water Agency transferred reserve funds into the Village of Port Burwell's general accounts in 1996 and these funds should rightfully be held within reserves, 11 THEREFORE BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to transfer$49,473.53 to the water system reserve fund. CARRIED: Tom Nesbitt, Reeve c - Memo dated December 5, 1997 E. Roloson re: Municipal Docks Council directed that the docks should be moved in accordance with Ed Roloson's recommendations. d Reeve Nesbitt stated that he had been contacted by Frank Reiser with regards to the sinking of his front yard. Reeve Nesbitt stated that in the past the area had been excavated to install a county drain and widen the road and that the lands in this area been filled with logs and that this could be the reason for the sinkage. Ed Roloson stated that the sewer was full of sand and gravel in the area of Frank Reiser's property and that the area would be closely monitored. 17. Adjournment Resolution #971209-04 MOVED BY: Jim Hevenor Dave Mason Gord Loucks Ron Bradfield Tom Nesbitt Date Approved: Demher 29/31997 / 40, ,, Tom Ne bit , eeve 2e,,e4(/-1 Donna Lamoure, Acting Clerk 12 p Village of Port Burwell Minutes Council Meeting December 29, 1997 7:00 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason, Councillor Bradfield and Councillor Loucks Staff: Donna Lamoure -Acting Clerk, Kevin Bradfield - Public Works Foreman, Suzanna Mantel - Acting Treasurer and Ed Roloson - Chief Building Official/By-Law Enforcement Officer Guests: Allan Spicer & George Allin 1. Call Meeting to Order 2. Declaration of Conflict of Interest Councillor Bradfield Item #7. 3. Confirmation of Minutes i) - Regular Council Meeting dated December 9, 1997 Resolution #971229-01 MOVED BY: Ron Bradfield SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby approve the minutes of the December 9, 1997 Council Meeting as amended. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated December 9, 1997 Councillor Mason requested from Ed Roloson the status of the animal welfare complaint that he had made at the last meeting. Ed Roloson stated that he had been in contact with the animal owner as well as the Humane Society with regards to this matter and that it was being attended to . 1 5. Bylaws i) By-Law 97-26 - Being a By-Law to authorize the Reeve and the Acting Clerk to enter into a Site Plan Agreement with Richard &Bertha Breen for the development of an Ice Cream Parlour at 38 Robinson Street. - By-Law Introduced December 9, 1997 Resolution #971209-14 - Memo M. Peterson Dated December 18, 1997 By-Law Read a First &f Second Time. By-Law Read a Third Time Ed Finally Passed. ii) By-law 97-21 - Being a By-Law to authorize the Reeve and the Acting Clerk to enter into an "Agreement in Principle" with Fisheries and Oceans Canada with respect to future ownership of lands described in Schedule "A" attached hereto. - By-Law Introduced December 9, 1997 Resolution #971209-15 By-Law Read a First & Second Time. By-Law Read a Third Time & Finally Passed. Dave Mason is to contact George Enei with regards to the installation of additional lights on the pier. iii) 345990 Ontario Ltd Tabled to New Council of the Municipality of Bayham iv) By-Law 97-08 - Being a By-Law to authorize the Reeve and the Acting Clerk to enter into an Agreement with the Department of Fisheries and Oceans for the lease of Harbour Lands. Resolution #971229-06 MOVED BY: Gordon Loucks SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby agree to introduce By-Law 97-08, being a By-Law to authorize the Reeve and the Acting Clerk to enter into an Agreement with the Department of Fisheries and Oceans for the lease of Harbour Lands. CARRIED: Tom Nesbitt, Reeve 2 By-Law Read a First Fd Second Time. By-Law Read a Third Time f Finally Passed. 6. Review and Approval of Accounts Payable & Financial Reporting Resolution #971229-05 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$57,165.35, including council pay in the amount of$1,733.63. CARRIED: Tom Nesbitt, Reeve 7. Review and Approval of Amtelecom & Kanservu Accounts Payable Resolution #971229-06 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the Kanservu accounts payable in the amount of$54.52. CARRIED: Tom Nesbitt, Reeve 8. Committee of the Whole Resolution #971229-02 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move into Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 3 Resolution #971229-03 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 9. New Business A letter is to be sent to Ruth Jackson thanking her for her years of service to the municipality. The matter of the Pembina/Tallisman pipe laying is to be forwarded to the new council. 10. Old Business Ed Roloson stated that he had contacted the Building Advisory Council with regards to the issue of Mr. Christoph's request to be reimbursed for his engineering costs. Mr. Roloson stated that he had been informed by a representative from the Building Advisory Council that engineered drawings were required for this project and that this had been a legitimate request. Council directed that Ed Roloson inform Mr. Christoph of the comment from the representative from the Building Advisory Council. Ed Roloson was directed to investigate the issue of commercial boat storage along the Otter Creek. Council thanked Mr. Spicer for his past efforts of keeping the community informed. Councillor Mason stated that he had received a letter from the Order of Ontario with regards to the nomination of Mr. Fred Bodsworth. Councillor Mason stated that additional letters of support had been requested and that Stuart McKibbin, Jack Wright and Pierre Burton had been approached with regards to submitting letters of support. Councillor Mason stated that he had obtained an application form for a grant from the Aylmer Area Community Foundation. Councillor Mason requested input for the 4 application and suggested that perhaps the Port Burwell-Bayham Horticultural Society should apply. George Allin the Port Burwell Community Policing representative was thanked for his involvement in the community and for his support. 11. Adjournment Resolution #971229-04 MOVED BY: Tom Nesbitt 5 3 Jan 22/98 Motion # Village of Port Burwell Minutes Council Meeting December 29, 1997 7:00 p.m. Present: Reeve Nesbitt, Councillor Hevenor, Councillor Mason, Councillor Bradfield and Councillor Loucks Staff: Donna Lamoure -Acting Clerk, Kevin Bradfield - Public Works Foreman, Suzanna Mantel - Acting Treasurer and Ed Roloson - Chief Building Official/By-Law Enforcement Officer Guests: Allan Spicer & George Min 1. Call Meeting to Order 2. Declaration of Conflict of Interest Councillor Bradfield Item #7. • 3. Confirmation of Minutes i) - Regular Council Meeting dated December 9, 1997 Resolution #971229-01 MOVED BY: Ron Bradfield SECONDED BY: Gordon Loucks BE IT RESOLVED, the Council of the Village of Port Burwell hereby approve the minutes of the December 9, 1997 Council Meeting as amended. CARRIED: Tom Nesbitt, Reeve 4. Business arising from Minutes of meeting dated December 9, 1997 Councillor Mason requested from Ed Roloson the status of the animal welfare complaint that he had made at the last meeting. Ed Roloson stated that he had been in contact with the animal owner as well as the Humane Society with regards to this matter and that it was being attended to . 1 5. Bylaws i) By-Law 97-26 - Being a By-Law to authorize the Reeve and the Acting Clerk to enter into a Site Plan Agreement with Richard & Bertha Breen for the development of an Ice Cream Parlour at 38 Robinson Street. - By-Law Introduced December 9, 1997 Resolution #971209-14 - Memo M. Peterson Dated December 18, 1997 By-Law Read a First & Second Time. By-Law Read a Third Time & Finally Passed. ii) By-law 97-21 - Being a By-Law to authorize the Reeve and the Acting Clerk to enter into an "Agreement in Principle" with Fisheries and Oceans Canada with respect to future ownership of lands described in Schedule "A" attached hereto. - By-Law Introduced December 9, 1997 Resolution #971209-15 By-Law Read a First & Second Time. By-Law Read. a Third.Time & Finally Passed. Dave Mason is to contact George Enei with regards to the installation of additional lights on the pier. iii) 345990 Ontario Ltd Tabled to New Council of the Municipality of Bayham iv) By-Law 97-08 - Being a By-Law to authorize the Reeve and the Acting Clerk to enter into an Agreement with the Department of Fisheries and Oceans for the lease of Harbour Lands. Resolution #971229-06 MOVED BY: Gordon Loucks SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby agree to introduce By-Law 97-08, being a By-Law to authorize the Reeve and the Acting Clerk to enter into an Agreement with the Department of Fisheries and Oceans for the lease of Harbour Lands. CARRIED: Tom Nesbitt, Reeve 2 By-Law Read a First & Second Time. By-Law Read a Third Time & Finally Passed. 6. Review and Approval of Accounts Payable & Financial Reporting Resolution #971229-05 • 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$57,165.35, including council pay in the amount of$1,733.63. CARRIED: Tom Nesbitt, Reeve 7. Review and Approval of Amtelecom & Kanservu Accounts Payable Resolution #971229-06 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby approves the Kanservu accounts payable in the amount of$54.52. CARRIED: Tom Nesbitt, Reeve 8. Committee of the Whole Resolution #971229-02 MOVED BY: Ron Bradfield SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move into Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 3 • Resolution #971229-03 MOVED BY: Dave Mason SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to move out of Committee of the Whole. CARRIED: Tom Nesbitt, Reeve 9. New Business A letter is to be sent to Ruth Jackson thanking her for her years of service to the municipality. The matter of the Pembina/Tallisman pipe laying is to be forwarded to the new council. • 10. Old Business Ed Roloson stated that he had contacted the Building Advisory Council with regards to the issue of Mr. Christoph's request to be reimbursed for his engineering costs. Mr. Roloson stated that he had been informed by a representative from the Building Advisory Council that engineered drawings were required for this project and that this had been a legitimate request. Council directed that Ed Roloson inform Mr. Christoph of the comment from the representative from the Building Advisory Council. Ed Roloson was directed to investigate the issue of commercial boat storage along the Otter Creek. Council thanked Mr. Spicer for his past efforts of keeping the community informed. Councillor Mason stated that he had received a letter from the Order of Ontario with regards to the nomination of Mr. Fred Bodsworth. Councillor Mason stated that additional letters of support had been requested and that Stuart McKibbin, Jack Wright and Pierre Burton had been approached with regards to submitting letters of support. Councillor Mason stated that he had obtained an application form for a grant from the Aylmer Area Community Foundation. Councillor Mason requested input for the 4 application and suggested that perhaps the Port Burwell-Bayham Horticultural Society should apply. George Allin the Port Burwell Community Policing representative was thanked for his involvement in the community and for his support. 11. Adjournment Resolution #971229-04 MOVED BY: Tom Nesbitt MAY0k CLrRi< 5