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Minutes - Archived

Minutes - June 2008

Province de Quebec
Municipalité de Bristol
June 2, 2008

The regular meeting of the Bristol Council was held on June 2, 2008, at 8:00 p.m. in the Town hall with Mayor Scott Wilson, and Crs. Stephen Forbes, Keith Smith, Colette O’Malley, Chris Young, George Pirie and Ronald Dagg present.

(08-06-109) Motion Cr. Dagg that the minutes of the special meeting held on May 5, 2008 be adopted with the following corrections:
Motion (08-05-86)add Cr. O’Malley removes herself from her seat, and Mayor Wilson voted in favour of the motion.
Motion (08-05-87)state that Mayor Wilson abstains from voting, and
Cr. O’Malley removes herself from her seat.
Crd. The Mayor abstains from voting.

(08-06-110) Motion Cr. Forbes that the minutes of the regular meeting of May 5, 2008 be adopted as circulated. Crd. The Mayor abstains from voting.

(08-06-111) Motion Cr. Pirie that the agenda be accepted with the additions. Crd. The Mayor abstains from voting.

The meeting was opened to the visitors present.

Peter Hanna was present and thanks Council for installing the “Stop Signs” on Wharf Road, and also said that the lines on the bicycle path on the west side of Wharf Road going down from River Rd. to Strathcona are getting faint.

Allan & Marilyn Hughes were present and inquired if there was going to be something done this year with the waterfront at the pier. They were informed that there was a test done last year and the report said that the water was drinkable, and it all comes down to money, we are looking at the situation and nothing may be done this year.

Bruce Robertson inquired if there was a bylaw to enforce residents of cottages and homes to have smoke detectors. He was informed that there should be a bylaw done in about 3 to 6 months, and then it would be a requirement.

Donald Maloney was present and inquired if the Planning Committee meetings were public. He was informed that they were and that the committee makes non-binding recommendations to Council on different issues, and Council makes the final decision.

Barry Maloney was present and inquired if beaches in front of properties were public and that there shouldn’t be any restrictions. He was informed that the beach in front of right-of-ways is public, however it is the landowner’s responsibility for the beach in front of their properties. There will be a meeting between the Maloney’s, the Milford’s, and Cr. Forbes and the Mayor and any other interested Councillors before the long weekend in July.

Ariann Bouchard, Director, from the Maison des Jeunes de Pontiac, was present and gave a presentation on the “Pontiac Pool”, and that there will be a fund raising held in the coming years to raise money for this project.

Derek O’Malley, the new Road Foreman was present.

(08-06-112) Motion Cr. Dagg that we support the P.S.D.A. in principal concerning their endeavour to make new trails. Crd. The Mayor abstains from voting.

(08-06-113) Motion Cr. Forbes that we make a donation of $ 500.00 to the Pontiac Agricultural Society Division A, as per the 2008 budget, and we will be eligible for the “Blue Ribbon Category”. Crd. The Mayor abstains from voting.

(08-06-114) Motion Cr. Forbes that we approve the repairs on the 2000 Grader from Foster Equipment in the amount of $ 4,250.00 plus tax. Crd. The Mayor abstains from voting.

(08-06-115) Motion Cr. Pirie that we approve of the repairs on the 1993 Grader from Foster Equipment in the amount of $ 4,180.00 plus tax. Crd. The Mayor abstains from voting.

(08-06-116) Motion Cr. Dagg that we obtain a cutting edge for the backhoe at a cost of $ 246.00. Crd. The Mayor abstains from voting.

(08-06-117) Motion Cr. Young that we accept Chris Chevalier as a firemen in the Bristol Fire Department. Crd. The Mayor abstains from voting.

(08-06-118) Whereas, The in-trench disposal sites are closing in January 2009;
Whereas, The Minister of Sustainable Development, Environment and Parks, Mrs. Line Beauchamp, has yet to render a decision on the technical landfill site project at Danford Lake in the Municipality of Alleyn-et-Cawood;

Whereas, Municipalities in the MRC Pontiac will continue to manage the collection of residual materials on their territory and have the responsibility to transport them to the designated waste transfer station;

It is proposed by Cr. Pirie, and seconded by Cr. Young and resolved to delegate the jurisdiction of power allowing the Pontiac MRC to enter a bidding process, in the name of the Municipality of Bristol, for a privately-owned and operated waste transfer station, situated on MRC Pontiac territory and the ultimate disposal of municipal waste.

It is also resolved to delegate the jurisdiction to MRC Pontiac to negotiate the said contract for waste disposal for a period of five years, with provisions for renewal. Crd. The Mayor abstains from voting.

(08-06-119) Motion Cr. Young that we are willing to accept the proposition in the amount of $ 3,268.34 according to the modalities of the letter of May 15, 2008 and in complete and final regulation of any claims for the winter season 2007-2008 on the contract re: File Number 5673-05-4924, snowplowing of the Bristol Road. Crd. The Mayor abstains from voting.

Committee Reports were given.

(08-06-120) Motion Cr. Dagg that we purchase a new fax machine for the fire department if the old one that is stored in the basement does not work. Crd. The Mayor abstains from voting.

Draft Bylaw # 281 pertaining to amendments to Zoning Bylaw # 264 was presented for
final adoption. Mayor Wilson removes himself from his seat re conflict of interest and Acting Mayor Dagg chairs the meeting.

(08-06-121) Motion Cr. Young that Final Draft By-law # 28l be adopted as presented as follows:

WHEREAS, The Municipality of Bristol received a request for a change of zoning for Zones AG 117 and AG 118, on January 28, 2008, in order to authorize the uses Class Category C4 - Commercial trade and I1 - Industrial light and manufacturing;
WHEREAS, The applicant is the owner of lots 13B-13, 13B-14, 26 and 27, Range 4, Township of Bristol and that they are part of a same plot of land as the roll number is 1455-48-3802;

WHEREAS, That the involved zones are AG 117 and AG 118 which allow agricultural, forestry and temporary uses only;

WHEREAS, That zones AG 117 and AG 118 include a part of the original zone 503 as identified in the former zoning Bylaw 204 which was in force since 1983 and in which the uses of the Sub-group 2.6 “Business based on motor vehicles and equipment” were allowed;

WHEREAS, That lot 13B-13 has already a use to other ends than agriculture approved by the C.P.T.A.Q. (re: file 206028 / December 3, 1993 for commercial use);

WHEREAS, That the request is to allow uses to other ends than agricultural on lots 13B-14, 26 and 27 of Range 4, Township of Bristol, in particular uses Class Category C4 - Commercial trade and I1 - Industrial light and manufacturing;

WHEREAS, That lots 13B-13, 13B-14, 26 and 27, Range 4, Municipality of Bristol, are in the agricultural zone, as decreed in virtue of the Law of protection of the territory and agricultural activities;

WHEREAS, That any request of authorization for ends other than agricultural must be in conformity with the municipal zoning Bylaw # 264 to be admissible;

WHEREAS, Notice of Motion has been given by Cr. Pirie at the meeting of Council held on March 3, 2008;

IT IS RESOLVED that the Council of the Municipality of Bristol adopts Draft Bylaw # 281 to modify Bylaw # 264 and decrees the following:

ARTICLE 1
The preamble of the present regulation is an integral part of the Bylaw.

ARTICLE 2
The uses of Class C4 – Commercial trade and I1 – Light industrial and manufacturing are allowed in the Zones AG 117 and AG 118 with the authorization from the Commission de la protection du territoire agricole du Québec (C.P.T.A.Q.).
ARTICLE 3
The present regulation will come into force in conformity to the Law. Crd Unanimously.

Mayor Wilson returns to his seat.

Draft Bylaw # 283 was presented for adoption pertaining to the rules and regulations concerning budgetary control.

(08-06-122) BY-LAW # 283 -BY-LAW ESTABLISHING THE RULES AND REGULATIONS CONCERNING BUDGETARY CONTROL:
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Whereas, According to Article 960.1, second paragraph of the Quebec Municipal Code, the Council must adopt a bylaw concerning the control and follow up of the municipal budget;

Whereas, This By-law must allow for ways to guarantee the availability of credits before any expenses are authorized. The ways vary according to the amount allowed to spend and the level of authority requesting the expenses;

Whereas, According to Article 165.1, second paragraph of the Quebec Municipal Code, the hiring of an employee is only allowed if the by-law adopted in accordance with the Articles 960.1, second paragraph shows that there are sufficient funds available for this expense;

Whereas, According to Article 961 of the Quebec Municipal Code, a by-law or resolution of the Municipal Council authorizing an expense has no power unless it is adopted in accordance with the by-law adopted according to Article 960.1, second paragraph and that the funds are available;

Whereas, According to Paragraph 4 of Article 961.1 of the Quebec Municipal Code, an authorization to make an expense given to a delegate is non binding unless in reference to the by-law adopted in reference to Paragraph 2, Article 960.1, there are sufficient funds available for this expense;

Whereas, According to Article 176.4 and Paragraph 5 of Article 961.1 of the Quebec Municipal Code, this by-law establishes the format to use for the renditions of the accounts for the Council and for the budget control and follow-up;

Whereas, A notice of Motion has been given at the regular meeting of Council held on May 5, 2008 by Cr. Young that a By-Law establishing the control and follow up of budgetary account be adopted;

It is then proposed by Cr.Young that By-Law Number 283 be adopted by the Municipal Council and it states and decrees the following rules:

Definitions:

Municipality: Municipality of Bristol
Council: Bristol Municipal Council

General Director: The principal administrator Civil servant of the municipality generally occupied by the Secretary-Treasurer. Article 210 of the Quebec Municipal Code.

Secretary-Treasurer: Officer that all municipalities must have in reference to Article 179. He/she may also occupy the position of Director General according to Article 210. He/she is allowed to hold both positions. In reference to Article 212.2 of the Quebec Municipal Code, the position could be occupied by two persons.

Period: The period is from January 1st to December 31st of every year.

Responsible for Civil servant or employee of the Municipality responsible for
Budgetary Activities: a certain budget. This also includes the amount allowed to a worker under him.

SECTION 1 - OBJECTIVES OF THIS BY-LAW

Article 1.1:

The present by-law establishes the rules and regulations for the control and the follow-up of the budget allocations that all civil servants or concerned employees must follow.

More specifically it establishes the rules and responsibilities devoted to all civil servants or employees that engage expenses or hire employees; that before the expenses are allowed they must have been authorized by verifying the availability of credits for this budget item.

The present by-law applies to all credit affectation for the financial operation and the investment funds of the municipality that it may have approved by resolution or by-law for the current period.

Article 1.2:

The present by-law also establishes the rules of accountability that the secretary-treasurer and other responsible agents must follow when justifying the expenses relating to the budgetary accounts.

Article 1.3:

Further more this by-law establishes the rule of spending authorization it gives itself through Article 961.1, second paragraph of the Municipal Code of Quebec.

SECTION 2 - CONTROL POLICY ON BUDGETARY ACCOUNTABILITY

Article 2.1:

The Council must pre approve all credits relating to general activities or investment placement before the expenses can be made. This approval is given in the following ways:

Article 2.2:

In order to be engaged or affected, all expenses must be duly preauthorized by the Council, an authorized municipal officer or a person responsible for a budgetary activity in reference to the delegation handed to them by Section 3, and after verification of the availability of the necessary credits.

Article 2.3:

All employees or officers of the municipality in respect of this by-law are responsible to apply these powers handed to them.

The employee responsible for a certain budget project is only allowed to spend in accordance to his budgeted department and must always be certain the necessary credits are available before authorizing the expense.

SECTION 3: - DELEGATION AND POLICY ON BUDGETARY VARIATION

Article 3.1:

The Council delegates its power to authorize spending in the following manner.

a) Any person responsible for a budgetary activity can authorize spending and give out a contract for the present year only and for the activity he is responsible for only.
Authorization is required when a special situation arises or for the hiring of professionals.

The following chart shows the authorization of spending delegation:

Spending Authorization Required By In Specific Cases and for Professionals

Budgetary Activity For all Expenses above The Municipal Council The Municipal Council these limits

b) The delegation doesn’t apply to credit engagement over one year. All these
engagements must be authorized by the Municipal Council. The amount presented to the Council must show the total credit engagement and not only the yearly engagement.

c) When the Council delegates in virtue of Article 165.1 of the Municipal Code of Quebec, to an officer or employee that is not considered a salaried employee, this officer or employee has the power to hire a salaried officer or employee. For the credit required the authorization must respect the limit set in the chart above.

Article 3.2:
The amount of budgetary variation is limited to 5%. This means the Secretary-Treasurer with the cooperation of the Director General can transfer funds from one budgetary account to another within the same fiscal period.

SECTION 4 - GENERAL POLICY ON THE CONTROL AND FOLLOW UP OR BUDGETED ACCOUNTS

Article 4.1:

All expenses must be preceded by a certificate from the Secretary-Treasurer stating that there are sufficient credits available for the expenses to be made. This certificate is required for everyone: the Council, the designated employee or officers. A Global certificate can be prepared when the budget is adopted.
However, a specific authorization must be given when an expense is not in the budget or there must be a new affectation of credit or a new budget is required.

Article 4.2:

Even if the expenses for the year have been approved in the budget, before the expenses are made a final verification should be made by the person in charge of the project or the director to make sure there are still enough credits available for the expenses to be made before getting the expenses approved, since the Council may need to transfer credits from one account to another.

Article 4.3:

After verification, if the available funds are not there and the expenses forecasted are more than the overdraft proposed in Article 3.2, the employee in charge of project or an officer or the Secretary-Treasurer or Director General must follow the procedure set out at Article 7.1.

Article 4.4:

An officer or employee that is not responsible for budgetary activities cannot on his own authorize any expenses. However, if an expense had been previously authorized and he was mandated to do a certain job, he can then proceed to make the expense.

In cases of emergency, an officer or employee that needs to engage some expenses before they are authorized, must as soon as possible after the event inform the responsible person in charge of this budgetary account and he must also give him the bills or receipts pertaining to the emergency.

Article 4.5:

The Director General is responsible to keep this by-law up to date. He must inform Council or any amendments required to keep this by-law working or to adapt it for new circumstances or for legislative changes.
The Director General and the Secretary-Treasurer are responsible to apply this by-law by applying internal policy insuring the respect of this by-law, by all officers or employees in charge of projects.

SECTION 5 - FINANCIAL COMMITMENT EXTENDING BEYOND THE CURRENT EXERCISE
Article 5.1:

Before an authorization engaging credits beyond the current period can be granted, verification is required that there is sufficient credits available for the current period.

Article 5.2:

When preparing the budget, the Secretary-Treasurer must be careful and take into consideration the credit engagement made in prior periods extending into the budget period being prepared.

SECTION 6 - SPECIAL EXPENSES

Article 6.1:

Certain expenses have a particular Status.
Such as:

The Secretary-Treasurer must insure proper accountability in future budget preparation for particular expenses.

Article 6.2:

Even if the expenses stipulated in Section 6.1 require very little control, they are non the less submitted to the same control as any other expenses according to Section 7 of this by-law.

Article 6.3:

When an unforeseen situation arises such as a settlement out of court, the signing of a new collective agreement, disaster, etc., the Secretary-Treasurer must insure the availability of the funds. He may transfer credits from other available budgetary accounts in accordance with the Director General, if required.

SECTION 7 - CONTROL AND FOLLOW UP ON THE ACCOUNTABILITY
OF THE BUDGET

Article 7.1:

Every responsible person having something to do with the budget activity must regularly verify his section to insure funds availability. If this person foresees that the variation in the budget will be greater than the one allowed in Section 3.2, he must proceed to explain or justify this difference or forecasted difference before he can request a budgetary modification.

If the difference forecasted cannot be overcome by transfer inside the budget, the Secretary-Treasurer must inform the Council and get a supplemental budget prepared in order to have the necessary credits available.

Article 7.2:

According to Article 176.4 of the Municipal Code of Québec, the Secretary-Treasurer must every six months present to the Council two comparative statements on the income and expenses in reference with the proposed budget.

The first report must be handed in at the May meeting. The second report should be given at the meeting of Council at least four weeks before the adoption of the budget for the following year.

Article 7.3:

In order to conform to Article 176.5 and Paragraph 5 of Article 961.1 of the Municipal Code of Quebec, the Secretary-Treasurer must also periodically hand in and deposit at the regular sitting of Council, a report on the expenses carried out by the officers or employees responsible for budgetary account as mentioned in Article 3.1. This report can be a list of expenses made; it must at least have the transactions made 25 days prior to the date the list is handed in as long as the date of handing them in, has not been delayed.

SECTION 8 - ORGANISATION CONTROL BY THE MUNICIPALITY

Article 8.1:

In the case of an organisation being controlled by the Municipality, the Council may choose to adapt this by-law so it can be applied to this organisation when it is required.
In the case the Director General is responsible to insure that an agreement with this organisation is in place to say that they will respect this municipal by-law and its applications procedures. Crd. The Mayor abstains from voting.

(08-06-123) Motion Cr. O’Malley that we accept the tender of Michel Lacroix Construction in the amount of $ 243,060.51 tax included for the paving of the Ragged Chute Road, based on all conditions being met. Crd. The Mayor abstains from voting.

(08-06-124) Motion Cr. O’Malley that we accept the extra works for the Ragged Chute Rd. for a maximum of $ 23,840.00, as per letter of May 22, 2008 from Genivar Groupe Conseil, and that R.H. Nugent Equipment Rentals do all the extra work, and that whatever is on the contract of Michel Lacroix Construction be deducted. Crd. The Mayor abstains from voting.

(08-06-125) Motion Cr. Dagg to accept the 2008 road budget figures. Crd. The Mayor abstains from voting.

(08-06-126) Motion Cr. O’Malley that we accept the road work for Seats 1, 5, & 6, which were handed in. Crd. The Mayor abstains from voting.

(08-06-127) Motion Cr. Pirie that we apply for a “Municipal Road Improvement Help Program” to be used on the Elmside Road for reconstruction and repaving as per Genivar’s quote. Crd. The Mayor abstains from voting.

I, Keith Emmerson, Sec’y.Treas. of the Municipality of Bristol, certify that there are credits available to pay the following expenses.

....................................................
Keith Emmerson, Sec’y.Treas.

(08-06-128) Motion Cr. Dagg that accounts totalling $ 45,818.36 be paid for the month of May. Crd. The Mayor abstains from voting.

(08-06-129) Motion Cr. Forbes that we accept the financial statement to May 31, 2008 as presented. Crd. The Mayor abstains from voting.

(08-06-130) Motion Cr. Forbes that we install street lights on the Second Line, Edgewood and at the corner of Charles & Pine Lodge Road. Crd. The Mayor abstains from voting.

(08-06-131) Motion Cr. Forbes to accept the quote of $ 2, 752.00 for water improvement at the Town hall. Crd. On Divison. Cr. Young registers his dissidence because it was not in the 2008 Budget. The Mayor abstains from voting.

(08-06-132) Motion Mayor Wilson that we inform CFER, that we have noticed for many years now that when the truckers are picking up the recycling from the bins, that they are abusing the bins. We trust that in the future, that they will be more careful with them. Crd. Unanimously.

(08-06-133) Motion Cr. Dagg that the meeting close. Crd. The Mayor abstains from voting.

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Mayor Scott Wilson                                   Keith Emmerson, Sec’y.Treas.