Attendance and Call to Order

CANADA PROVINCE DE QUÉBEC

REGULAR MEETING of the Municipal Council held at the usual place of the sittings of Council on Monday, November 6, 2006, at 7:30 pm at which are present the Mayor, Roger Nicolet and Councillors Arthur Bryant, Lisette Maillé, Jean- Claude Duff, Marco Scholer, Jean-Marc Couture and Denis Lachance, all members of said Council and forming a quorum under the chairmanship of the Mayor according to the provisions of the Municipal Code.

Secretary-treasurer Anne-Marie Ménard is also present.

AGENDA

Attendance and Call to Order 1. Adoption of the agenda; 2. Approval, adoption and waiver of reading of the minutes of October 2,, 2006; 3. Business arising: 4. Question period: 5. General Administration: .1 Notice of Motion – Taxation By-law 2007: - The mill rate; Police; Road network; and other compensations; .2 Setting the date for adoption of the budget; .3 Tabling of certificate for the registration procedure for by-law 06-334; .4 Resolution of opposition to the decision of the Régie de l’énergie related to service conditions for Hydro-Quebec; .5 Renewal of the agreement with the Red Cross related to disaster victims; .6 Awarding of contract: Public tenders for the permanent loan for the construction of the fire hall; .7 Term for the by-law for the financing of the temporary loan 06-334; .8 Authorization: Request for payment no. 2 from la Société Gératek for work related to enlarging the fire hall; .9 Request to purchase 2 lots 1387-121 and 1387-346 belonging to the municipality; 6. Financial Administration: .1 Approval of Accounts Paid and Payable, and authorization of payment; .2 Tabling of the Statement of Revenues and Expenditures to November 6, 2006; 7. Public Security: .1 Fire Chief's Report; .2 Thanks to the firemen for Halloween; .3 The Christmas party – Fire department; .4 Renewal of the collective agreement for volunteer firemen and first responders; .5 Renewal of the fire protection agreement with the Municipality of Bolton-Est; .6 Remuneration of firemen and first responders on the territory of Bolton-Est; .7 Authorization for the purchase of a work station for the fire hall; .8 Purchase of blinds for the fire station; 8. Transportation/Roads: .1 Adoption of by-law 06-335 ordering the maintenance of private roads open to the public by permission of landowners in the Lac Webster development; .2 Notice of motion – By-law 06-337 decreeing a speed limit on public roads open to the public by permission in Domaine Mont-Orford and on rue du Lac des Sittelles; .3 Installation of “no parking” signs on the east side of North Road near the spring; .4 Mandate for the inspector to prepare a guide for the council related to digging and maintenance of ditches; 9. Town Planning and Zoning: .1 Application for minor exemption: Mrs. Diane Purdon and Mr. William Westhead; .2 Application for minor exemption: Mr. Gervais Dubé; .3 Application for minor exemption: Mme Louise Allaire; .4 Application to the CPTAQ by Mr. Donald Fisher; .5 Authorization to sign an intermunicipal agreement by virtue of article 108 of the Municipal Powers Act; .6 Naming of the building and environment inspector to intervene for the municipality and the MRC in regard to water courses in the municipality; .7 By-law concerning wind turbines on the territory of the Municipality of Austin; .8 Mandate to the municipality’s lawyers related to unhealthy conditions at 56 rue du Lac des Sittelles; 10. Recreation and Culture: .1 Posting: Call for candidates for the supervision and maintenance of the skating rink; .2 Request for support: Project to promote the North Missisquoi Valley; .3 Authorization: installation of a fence at the skating rink; .4 Installation of an exchanger in the recreation room in the basement of the town hall; .5 Authorization: Purchase of a shed for the municipal park; .6 Request for donation: École Val-de-Grâce 11. Environment: 12. New Business: 13. Adjournment of the meeting.

2006-11-234 ADOPTION OF THE AGENDA (2006-11-234)

It is moved by Councillor J.M. Couture seconded by Councillor L. Maillé

AND RESOLVED to approve and adopt the agenda with the addition of items 8.2, 8.3, 8.4 and 10.6.

*CARRIED*

2006-11-235 APPROVAL, ADOPTION AND WAIVER OF READING OF THE MINUTES OF OCTOBER 2006 (235)

WHEREAS all Members of this Council have had the opportunity to read the minutes of the regular meeting held on October 2, 2006, at least forty-eight (48) hours before the current session;

CONSEQUENTLY,

It is moved by Councillor D. Lachance seconded by Councillor A. Bryant

AND RESOLVED THAT:

1. The foregoing recital be and is an integral part of the present resolution;

2. The reading of the Minutes be waived and the Adoption of the Minutes of the regular meeting of October 2, 2006 be and is hereby approved.

*CARRIED*

2006-11-236 NOTICE OF MOTION (236)

Councillor M. Scholer gives Notice of Motion that at a future meeting of council, a by-law will be presented for adoption. This by-law is to set the general property tax, the general property tax for police services, the general property tax for improvement of the roads network, the compensation for removal of residual and recyclable materials, the emptying of septic tanks, and the compensation for the maintenance of the inventory and the equilibration of the roll. It is requested that the reading of said by-law be waived to simplify the adoption process. A copy of the draft by-law is given to members of the council as required by law.

Given at Austin this 6th day of November, 2006.

2006-11-236 PROVINCE OF QUEBEC MUNICIPAL REGIONAL COUNTY OF MEMPHREMAGOG MUNICIPALITY OF AUSTIN ______

DRAFT BY-LAW NUMBER 06-336 SETTING THE GENERAL PROPERTY TAX RATE, THE GENERAL PROPERTY TAX RATE FOR POLICE SERVICES, THE GENERAL PROPERTY TAX FOR IMPROVEMENT OF THE ROAD NETWORK, AND THE COMPENSATION FOR THE REMOVAL OF RESIDUAL AND RECYCLABLE MATERIALS; FOR THE EMPTYING OF SEPTIC SYSTEMS; AND FOR MAINTAINING THE INVENTORY AND EQUILIBRATION OF THE ASSESSMENT ROLLFOR FINANCIAL YEAR 2007 ______

WHEREAS a Notice of Motion of the present By-law is given at the regular meeting held on November 6, 2006;

CONSEQUENTLY,

It is moved by Councillor seconded by Councillor

AND RESOLVED THAT:

This by-law number 06-336 be and is hereby adopted and that said By-law ORDAIN AND DECREE as follows:

Article 1

A general property tax rate of .…. per $100 valuation be hereby imposed and levied on all taxable immovables located within the territory of the Municipality for the fiscal year 2007;

Article 2

A general property tax rate of .…. per $100 valuation for police services be hereby imposed and levied on all taxable immovables located within the territory of the Municipality for the year 2007;

Article 3

A general property tax rate of .…. per $100 valuation for the improvement of the road network be hereby imposed and collected on all taxable immovables located within the territory of the Municipality for the year 2007;

Article 4

A tax levy of $.…. per dwelling unit for the removal of residual and recyclable materials be hereby imposed and collected for the year 2007;

Article 5

A compensation for the emptying of septic systems, $...... be levied for each housing unit used as a permanent residence and inhabited throughout the year, and for secondary residences, for the fiscal year 2007; Article 6

Compensation to maintain the inventory and balance the valuation roll be required and levied on each property owner for the year 2007, at the rate of $….. ( ) for each evaluation unit having at least one principal building; and at the rate of $….. ( ) for each valuation unit that is a vacant lot with or without an accessory building, in accordance with article 244.1 of the Municipal Taxation Act.

Article 7

2006-11-236 A compensation for winter maintenance, of $142.70 (one hundred forty-two dollars and seventy cents) for each assessment unit having a principal building, or of $30.00 (thirty dollars) for each assessment unit that is a vacant lot, will be levied on each property owner situated in the sector of the Lac Webster development, and collected for the year 2007, in accordance with by-law 06-335 ordering the upkeep of private roads open to the public by permission of the owner in the Domaine du Lac Webster.

Article 8

This by-law be adopted in its entirety, section by section, in such a way that if one section or paragraph were one day declared to be null and void, the other provisions would remain in force.

Article 9

This by-law comes into effect in accordance with the law.

Roger Nicolet Anne-Marie Ménard Mayor Director general and secretary-treasurer

2006-11-237 SETTING THE DATE FOR THE ADOPTION OF THE BUDGET (237)

It is moved by Councillor L. Maillé seconded by Councillor J.M. Couture

AND RESOLVED THAT:

The special meeting to adopt the 2007 budget be held on Monday, December 11 2006 at 7 pm. Preparatory working meetings will be held on Tuesday, November 28, at 6 pm and, if necessary, on Wednesday, December 6, 2006 at 10 am.

*CARRIED*

TABLING OF A CERTIFICATE RELATED TO THE REGISTRATION PROCEDURE FOR BY-LAW 06-334

The secretary-treasurer tables the certificate for the registration procedure for by- law 06-344 that is deemed to have been adopted by those persons eligible to vote.

2006-11-238 RESOLUTION OF OPPOSITION TO THE DECISION OF THE RÉGIE DE L’ÉNERGIE RELATED TO CONDITIONS OF SERVICE FOR HYDRO-QUÉBEC (EXTENSION OF THE NETWORK) (238)

WHEREAS the economic vitality of Quebec depends on the dynamic use of its territory;

WHEREAS the occupation of the territory can only be assured by incentives promoting retention and creation of families and businesses in the region;

WHEREAS the government of Quebec has committed itself, through a ‘territorial clause’ in the provincial policy on rurality (rural life and issues), to take into account “the characteristics of the rural situation when considering the briefs on drafts of the law, policies and regulations, and to assess their impact on the rural setting’;

WHEREAS the provincial policy on rurality also calls on the government to “encourage ministries and government bodies to include in their normative framework a certain flexibility and adaptation of their programs and services to take into account the particular aspects of the rural setting (low population density, lower volume of clientele, and distances)”;

2006-11-238 WHEREAS the distribution of electricity is a public service that should be ensured by Hydro-Quebec at the same conditions throughout the territory, and Hydro- Quebec should be responsible for assuming costs that are proportionally higher in the regions where population densities are lower; WHEREAS regulation 634 on the conditions of service for Hydro-Québec specifies that there must be a water system in place before Hydro-Québec assumes the costs related to extending its electricity network; WHEREAS several municipalities in Quebec do not meet these requirements, with the result that this regulation is inequitable, because it requires a surcharge for citizens and businesses that wish to set up in those regions;

WHEREAS the FQM has presented a brief before the Régie de l’énergie that addresses this injustice and proposes a fair and reasonable new approach; WHEREAS according to this formula, the first 400 metres would be free, while the next 600 metres would be assumed by Hydro-Québec according to a decreasing rate of 15 % (from 401 to 500 metres, 85 % would be paid for water or sewage network by Hydro-Québec; for metres 501-600, Hydro would pay 70 %, etc.), regardless of whether or not there was a water or sewer system in place; WHEREAS the requirement for an infrastructure network (water and sewers) does not come from a government body such as Hydro-Quebec, but rather from the management of the territory, the authority for which comes solely from elected municipal officials, through the regional land use and development plans (the Schéma) of the MRC;

WHEREAS the Régie has not listened to the recommendations from FQM and is more likely to listen to the arguments of the Distributor; WHEREAS the Régie prefers to tighten its regulation by adding to it a provision related to density, that is that the water and sewage systems service a minimum of 100 properties; WHEREAS the Municipality of Austin believes the decision of the Régie de l’énergie is unacceptable; CONSEQUENTLY, It is moved by Councillor J.M. Couture seconded by Councillor M. Scholer AND RESOLVED THAT: The government of Quebec be asked to respect the committments made under the provincial policy on rurality, and to amend the regulations imposed on Hydro- Québec so that they are equitable for citizens living in the rural areas;

The Quebec Federation of Municipalities be supported in their efforts in this matter; A copy of this resolution be forwarded to the office of the Prime Minister of Quebec (Édifice Honoré-Mercier, 835, boulevard René-Lévesque Est, 3e étage Québec (Québec) G1A 1B4), to the offices of the Ministre des Ressources naturelles et de la Faune (Édifice de l’Atrium, Bureau A-308, 5700, 4e avenue Ouest, Charlesbourg (Québec) G1H 6R1), to the Ministre des Affaires municipales et des Régions (Édifice Jean-Baptiste De La Salle, 10, rue Pierre-Olivier-Chauveau, Aile Chauveau, 4e étage, Québec (Québec) G1R 4J3), and to the FQM.

*CARRIED * RENEWAL OF THE AGREEMENT RELATED TO SERVICES FOR DISASTER VICTIMS BY THE RED CROSS (239)

WHEREAS the Canadian Red Cross, Quebec division, presents a renewal of a draft agreement, “Services aux sinistrés” (services to disaster victims);

2006-11-239 WHEREAS the council accepts the terms and conditions of the offer of service that requires an annual contribution of $0.10 per inhabitant;

CONSEQUENTLY,

It is moved by Councillor J.M. Couture seconded by Councillor A. Bryant

AND RESOLVED THAT:

The council authorize the mayor Roger Nicolet and the director general and secretary-treasurer Anne-Marie Ménard sign said contract with the Red Cross for and on behalf of the Municipality of Austin.

*CARRIED*

2006011-240 AWARD: PUBLIC TENDERS FOR THE PERMANENT BORROWING BY-LAW FOR THE ENLARGEMENT OF THE FIRE STATION (240)

It is moved by Councillor M. Scholer seconded by Councillor J.M. Couture

AND RESOLVED THAT:

The Municipality of Austin accept the offer made to it by la Financière Banque Nationale for a loan of $200,00.00, by promissory notes, by virtue of by-law 06-332, at a rate of 98.47800 % coming due in a series over five years as follows:

$16,100 4.00 % November 15, 2007 $16,800 4.05 % November 15, 2008 $17,700 4.10 % November 15, 2009 $18,500 4.15 % November 15, 2010 $130,900 4.25 % November 15, 2011

That the notes, capital and interest, will be payable by cheque to the registered holder of the debt instrument.

*CARRIED*

2006-11-241 TERM OF THE FINANCING FOR BORROWING BY-LAW 06-334 (241)

WHEREAS the Municipality of Austin proposes to borrow a total of $200,000.00 by promissory notes by virtue of borrowing by-law 06-332;

WHEREAS, for these purposes, it is necessary to amend the by-law by virtue of which the notes are issued;

CONSEQUENTLY,

It is moved by Councillor M. Scholer seconded by Councillor J.M. Couture

AND RESOLVED THAT:

1. The foregoing be and is an integral part of this resolution;

2. The notes be signed by the mayor and secretary-treasurer;

3. The notes be dated November 15, 2006; 4. The notes, insofar as the capital is concerned, will be reimbursed as follows:

1. $16,100.00 2. $16,800.00 3. $17,700.00 4. $18,500.00 5. $19,400.00 6. $111,500.00 to be renewed

2006-11-241 5. To obtain this loan, the Municipality shall issue notes for a shorter term than provided for in the borrowing by-law, that is for a term of:

- 5 years starting November 15, 2006, for the annual amortization of capital provided for years 6 and after, rather than the term for these amortizations for by-law 06-332; each subsequent loan shall be for the balance or part of the balance due on the loan.

*CARRIED*

2006-11-242 AUTHORIZATION TO PAY THE BILL FOR THE SOCIÉTÉ DE CONSTRUCTION GÉRATEK RELATED TO THE ENLARGEMENT OF THE FIRE STATION (242)

WHEREAS the Société de construction Gératek presents a request for a second payment in the amount of $117,248.05, taxes included, related to enlargement of the fire station carried out to September 30, 2006;

WHEREAS the firm Area architecte, recommends payment of this bill;

CONSEQUENTLY,

It is moved by Councillor A. Bryant seconded by Councillor D. Lachance

AND RESOLVED THAT:

The payment of the bill from the Société de construction Gératek, in the amount of $117,248.05, taxes included, as presented, be and is hereby authorized, as per the recommendations of Aréa architecte.

*CARRIED*

OFFER TO PURCHASE: LOTS 1387-121 and 1387-346 BELONGING TO THE MUNICIPALITY

This item is postponed to a later meeting.

2006-11-243 ACCOUNTS PAID AND PAYABLE, FIXED CHARGES, WAIVER OF READING AND AUTHORIZATION FOR PAYMENT (243)

Salaries net 2006-10-05 2 641,29 Salaries net 2006-10-12 3 957,51 Salaries net 2006-10-19 2 295,48 Salaries net 2006-10-26 2 624,06 Ministère du Revenu (October) 4 647,15 Receveur général (October) 2 196,70 Bell Canada (town hall) 298,45 Bell Canada watts line) 9,12 Bell Canada (fire station) 107,25 Bell Canada (fire station) 55,48 Bell Canada (North Road fire station) 83,06 PitneyWorks (stamps) 341,85 Pitney Bowes (rental) 1 098,34 Bell Mobilité (cell.planning, roads and fire dept.) 115,36 Hydro-Québec (sports chalet) 136,42 Hydro-Québec (ball field) 206,41 Hydro-Québec (town hall & fire station) 837,25 Hydro-Québec (fire station) 100,50 Hydro-Québec (communications tower) 36,16 Hydro-Québec (lighting) 345,83 ADMQ (training, mun. taxation) 170,93 Croix-Rouge (agreement‘service for disaster victims) 132,60 Fonds d’information fonciere (transfer duties) 63,00 Petite Caisse (groceries, agreement town hall and park) 166,59 Vickie Viscogliosi (maintenance, gardens) 350,00 Societé Canadienne des Postes (mailings) 85,47 Gérard Fortin (septic tanks, September) 16 249,29 Anne-Marie Ménard (kilometrage, meeting , pandemic) 20,00 Anne-Marie Ménard (register for borrowing by-law) 92,04 Village Culturel de l’Estrie (donation) 150,00 Desjardins Securité Financière (group insurance) 2 282,68 David Cormier (kilometrage 25/09 to 6/10) 299,70 David Cormier (kilometrage 9/10 to 20/10) 268,20 Paul Robitaille (reimbursement supplies) 100,60 Nicole Boulais (reimbursement taxes – double payment) 112,35 Paul Robitaille (reimbursement - equipment, fire station) 164,51 Paul Robitaille (kilometrage) 223,20 Xerox (rental equipment) 781,44 Camille Cousineau (Reimbursement lib. memb.) 90,00 Denis Ménard (Reimbursement lib. memb.) 90,00 Armand Morin (Reimbursement lib. memb.) 90,00 Ingrid Botella (Reimbursement lib. memb.) 90,00 Johanne Lavoie (Reimbursement lib. memb.) 90,00 Jean Allaire (Reimbursement lib. memb.) 90,00 Stephanie Hamel (reimbursement taxes – double payment) 199,92 Total paid to November 6, 2006 44 586,19

GENERAL ADMINISTRATION Mégaburo (paper supplies) 266,57 MRC Memphrémagog (copies draft of the recreation-tourism proposal for Mont Orford) 105,97 DataPRO (link - site web) 46,27 MRC Memphrémagog (maintenance & equilibration roll) 1 682,67 Les Pétroles Sonic (furnace check-up) 59,25 Infotech (transportation) 42,98 Bell Canada (guarantee, telephone system) 410,91 Cable Axion Digitel (internet) 117,26 Produits Chimiques Sany (cleaning products, toilet paper) 49,82 Federation Québecoise des municipalités (up-date, mun. By-laws) 302,90 Fourniture & ameublement du Québec (office supplies) 171,39 Les Entretiens Ménager L.T. Enr. (floors and windows) 938,01 Les Pétroles Sonic (maintenance, furnace) 59,25 Climatisation Duplessis (maintenance, thermopump) 454,66 Federation Québecoise des Municipalités (Dicom) 41,19 Commission de la santé et sécurité de travail (adjustment CSST) 57,31 Martel, Brassard, Doyon (prof. fees) 5 745,55

PUBLIC SECURITY Régie de Police Memphrémagog 7 847,20 Canadian Tire (maintenance, dry hydrants) 92,64 Orizon Mobile (rental site – Orford/communications) 525,23 Ressorts Charland inc. (maintenance, truck) 227,56 Conrad Marcotte inc. (support enlargement, fire station) 182,32 SEAO-Constructo (public notice, truck) 56,98 Aréo-Feu (repair of helmets) 236,41 Canadian Tire (maintenance fire station) 171,27 Ambulance de l’Estrie (repairs, vacmat) 90,12 Remorquage Rouillard inc. (truck 4) 413,07 Ville de Magog (assistance, forest fire) 1 803,28 Canadian Tire (painting fire station) 39,87 Annex Publishing (publications) 22,80 Ressorts Charland inc. (maintenance, truck) 1 924,21 Canadian Tire (supplies, fire station) 192,03 EMRN (oxygen) 25,65 Bell Canada (re-connection telephone) 167,00 Peinture 2000 Finition-Décor (safety lines) 398,82 2006-11-243 Les Entretiens Ménager L.T. enr. (sanding, fire station) 191,07 Canadian Tire (supplies fire station) 82,28 Stephen Nicholson (reimbursement supplies fire station) 30,05 Produits chimiques Sany inc. (paper and dispenser) 56,77 Les Inst. Électriques Asselin & Demers (re-connection, gas tank) 95,72 Conrad Marcotte inc. (supplies, fire station) 91,16 SPA (service) 60,00

TRANSPORTATION SonxPlus (charger cell phones) 45,57 Exc. Stanley Mierzwinski (maintenance North Road) 5 643,08 COOP des Cantons (seeding parking area) 150,01 Ferme Mikael Viscogliosi (straw, seeding parking area) 50,00 Ponceaux de l’Estrie (culverts) 1 608,97 Entreprises R.P. (grading) 2 780,38 ENVIRONMENTAL HEALTH

Peinture récupérées (materials not on list) 224,94 MRC Memphrémagog (land fill) 2 471,12 Intersan (RDD September) 324,71

PLANNING AND ZONING Wilson & Lafleur Ltee (law, zoning) 82,63 MRC Memphrémagog (agreement, planning) 277,00 Serge Côté (various consultations) 1 931,45 MRC Memphrémagog (water tests) 388,68

RECREATION AND CULTURE

Comité Culturel d’Austin (budget 2006) 4 337,20 Entreprise LTCA (toilets, Bryant’s Landing) 159,53 Ingrid Botella (reimbursement soccer) 70,00 FINANCING CHARGES APPROPRIATIONS Exc. Stanley Mierzwinski (septic system) 19 001,16 Exc. Stanley Mierzwinski (repairs, North Rd.) 27 230,35 La Société de Const. Gératek (enlargement, fire station) 117 248,05 Clôtures Orford (dry hydrant, Route 112) 851,21 Inter Sécurité DL (connection, fire station) 1 975,55 Alain Viscogliosi 381,73 CONTRACTS Lee Fancy (cleaning, 5 weeks) 500,00 Sani Estrie (garbage and recyclable materials) 15 083,34

Total to be paid to November 6, 2006

WHEREAS the Secretary presents the list of accounts paid and payable as well as the supporting documents, and reading is waived;

CONSEQUENTLY,

It is moved by Councillor M. Scholer seconded by Councillor L. Maillé

AND RESOLVED THAT:

1. The foregoing recital be and is an integral part of the present resolution; 2. The reading of said list as presented is waived;

3. Approval of the accounts paid in the amount of $44,586.19 is hereby given;

2006-11-243 4. The payment of the accounts payable to November 6, 2006 in the amount of $228,392.13 is hereby approved;

5. The signing of cheques in payment of said amount is hereby authorized.

*CARRIED*

TABLING OF THE STATEMENT OF REVENUES AND EXPENDITURES TO 2006

The Secretary-treasurer presents the Statement of Revenues and Expenditures comprising the entries of the revenues and expenditures to November 6, 2006.

FIRE CHIEF'S REPORT

The Secretary-treasurer presents the monthly Fire Chief's Report.

* * * 2006-11-244 THANKS TO THE FIREMEN (244)

AND RESOLVED THAT:

The council thank the firemen for their care and public spirit in making the roads safe for the children on the evening of Halloween.

*CARRIED*

2006-11-245 CHRISTMAS PARTY – FIRE DEPARTMENT (245)

WHEREAS every year the volunteer firemen have a reception to mark the Christmas season;

WHEREAS the municipality contributes an amount to help cover the costs of this reception to thank the volunteer firemen for their hard work and dedication to the community;

WHEREAS this year the reception will be held in the community centre on December 9, 2006;

AND RESOLVED THAT:

The municipality agree to pay the sum of $500 to the Volunteer Firemen's Association to cover certain expenditures for the Christmas party.

*CARRIED*

2006-11-246 RENEWAL OF THE COLLECTIVE AGREEMENT FOR THE FIRE PROTECTION SERVICE OF AUSTIN (246)

WHEREAS there is reason to renew the service agreement with the Austin fire department for a period of four years, starting January 1, 2007;

WHEREAS the director of fire protection has reached an agreement with the council on the terms and conditions and appropriate remuneration; WHEREAS the council formally accepts the wording of this agreement;

CONSEQUENTLY,

AND RESOLVED THAT:

1. This draft agreement with the volunteer firemen and first responders be accepted, subject to their signing it within 20 days.

2. The mayor and director general and secretary-treasurer be authorized to sign this agreement for and on behalf of the municipality.

*CARRIED*

2006-11-247 RENEWAL OF THE FIRE PROTECTION AGREEMENT WITH THE MUNICIPALITY OF EAST BOLTON (247)

WHEREAS the intermunicipal agreement with the Municipality of East Bolton covering the supply of fire protection services is to be renewed on January 1, 2007;

WHEREAS the fire protection budget for the municipalities of Austin and East Bolton is tabled and attached to and forms part of this resolution;

WHEREAS for 2007 the third year of the new intermunicipal agreement, it is agreed that the following method of calculation would be used to share the operating costs of the service between the two municipalities, as follows:

50% of expenses prorated to the number of dwelling units; 50% of expenditures prorated to the value of the buildings covered,

(the part of the territory of East Bolton served by Austin being the only part of the territory considered);

WHEREAS, according to data available in November, 2006, the bases for the calculation will be the following:

NUMBER OF PROPERTY VALUE OF DWELLING UNITS BUILDINGS COVERED AUSTIN 1199 157 850 400 EAST BOLTON 445 47 260 080

The proportion of the expenditures budget that will be assumed by East Bolton is therefore set at 25%;

CONSEQUENTLY;

It is proposed by Councillor A. Bryant seconded by Councillor J.M. Couture

AND RESOLVED THAT:

1. The preamble be and is hereby an integral part of this resolution;

2. For 2007, East Bolton shall cover 25% of the expenditures budget for fire protection service, that is an amount of $ 46,306;

3. East Bolton shall continue to pay for the services of the firemen and first responders on an hourly basis, for the duration of interventions on its territory at the prevailing rate;

4. East Bolton shall remain responsible for installation and summer and winter maintenance of equipment such as dry hydrants installed on its territory; 5. Acceptance of this resolution by East Bolton shall constitute the renewal of the intermunicipal agreement between the two municipalities for the year 2007.

*CARRIED*

2006-11-248 REMUNERATION OF FIREMEN AND FIRST RESPONDERS ON THE TERRITORY OF BOLTON-EST (248)

WHEREAS according to the fire protection agreement with the Municipality of East Bolton, there is reason to confirm the hourly rates with the firemen and first responders for interventions on their territory;

WHEREAS the director of fire protection, the assistant fire protection director, the lieutenants, firemen and first responders will be remunerated for a minimum of two hours for each regular call-out involving an intervention for a fire, traffic accident or disaster management;

WHEREAS the hourly rate for 2007 is set for four (4) years, by virtue of an agreement entered into between Austin and its fire department personnel as follows:

Director of fire protection $25.00 / hr. Assistant director $19.00 / hr. Lieutenant $18.00 / hr. Fireman $16.00 / hr. First responder $18.00 / hr.

CONSEQUENTLY,

It is moved by Councillor A. Bryant seconded by Councillor J.M. Couture

AND RESOLVED THAT:

1. The preamble be and is an integral part of this resolution.

2. This resolution be sent to the Municipality of East Bolton to advise of the hourly rates for interventions on their territory for the year 2007.

*CARRIED*

2006-11-249 AUTHORIZATION: PURCHASE OF A WORK STATION FOR THE DIRECTOR OF FIRE PROTECTION (249)

WHEREAS the director of fire protection requires a proper work station for his new office;

WHEREAS he proposes an appropriate desk, the Prestige III model that includes a desk, hutch, credenza, fixed filing drawer, connector and keyboard drawer, available through Mégaburo, for an amount of $1059.93 plus taxes;

CONSEQUENTLY,

It is moved by Councillor J.M. Couture seconded by Councillor J.C. Duff

AND RESOLVED THAT:

The council authorize the expenditure for the Prestige III works station from Mégaburo, for the director of fire protection, in the amount of $1055.93, plus taxes.

*CARRIED* AUTHORIZATION: PURCHASE OF BLINDS FOR THE FIRE STATION (250)

WHEREAS two submissions are presented to the council related to the purchase of blinds to cover 5 windows in the fire station, to include the cost of materials and installation;

Maison Décor $ 900.00 plus taxes Tapis Magog $1 532.40 plus taxes

2006-11-250 CONSEQUENTLY,

It is moved by Councillor L. Maillé seconded by Councillor D. Lachance

AND RESOLVED THAT:

The council authorize the purchase of blinds from Maison Décor at a cost of $900.00 plus taxes, and including the materials and installation, as described in the estimate dated October 26, 2006.

*CARRIED*

2006-11-251 ADOPTION OF BY-LAW 06-335 (251)

PROVINCE DE QUÉBEC MUNICIPALITÉ RÉGIONALE DE COMTÉ DE MEMPHRÉMAGOG MUNICIPALITÉ D’AUSTIN

BY-LAW 06-335 ORDERING THE UPKEEP OF PRIVATE ROADS OPEN TO THE PUBLIC BY AGREEMENT OF THE LANDOWNER IN THE DOMAINE DU LAC WEBSTER

WHEREAS in the Domaine du Lac Webster on the territory of the Municipality of Austin, several private roads are open to the public by permission of the landowner;

WHEREAS by virtue of article 70 in the Municipal Powers Act (L.Q. 2005, c. C-6), a local municipality may maintain such private roads, should the majority of property owners or tenants along the road so request;

WHEREAS the majority of the property owners or tenants along the private roads in the Domaine du Lac Webster have presented a request to have the Municipality maintain these private roads;

WHEREAS the council believes it would be appropriate to act upon this request;

WHEREAS a notice of motion of this by-law was given at an earlier meeting of the council held on October 2, 2006;

CONSEQUENTLY,

It is moved by Councillor D. Lachance seconded by Councillor M. Scholer

AND RESOLVED THAT:

This by-law, which orders and decrees as follows, be adopted:

Article 1

The preamble is an integral part of this by-law. Article 2

The council orders, at the request of the majority of landowners or occupants along this road, winter maintenance of private roads open to the public by permission from the owners, situated in the Domaine du Lac Webster, shown in yellow in Appendix “A” attached to this by-law and forming an integral part of it.

The private roads included are the following: 2006-11-251 Croissant du Bosquet, Rue des Deux-Montagnes, Croissant des Hauts-Bois, Croissant du Moulin, Chemin des Riverains, Chemin du Sommet.

Article 3

The maintenance work will be carried out by or for the municipality, and the responsibility and cost will be borne by the sector concerned.

Article 4

To cover the expenditures committed related to the cost of winter maintenance, it is required and will be collected by this by-law for the year 2007 from each owner of a taxable immovable within the taxation basin shown in Appendix A, attached to this by-law and forming an integral part of it, a compensation for each taxable immovable of which he is owner, according to the following:

- Each assessment unit on which a principal building is standing and situated in the sector is subject to a compensation of $142.70 for the year 2007;

- Each assessment unit having no principal building standing is subjected to a compensation set at $30.00;

Article 5

The upkeep of private roads in winter includes specifically snow clearing and spreading of abrasives, road salt or sand.

Article 6

This by-law comes into force in accordance with the law.

______Roger Nicolet, Mayor Anne-Marie Ménard Director general and secretary-treasurer

2006-11-252 NOTICE OF MOTION (252)

Councillor D. Lachance gives notice of motion that at a future meeting of the council, By-law 06-337 will be presented for adoption. This by-law is intended to decree the speed on roads in Domaine Mont-Orford and rue du Lac des Sittelles.

Given this 6th day of November, 2006.

PARKING BAN: EAST SIDE OF NORTH ROAD, ACROSS FROM THE SPRING

WHEREAS as a safety measure, it is appropriate to install “no parking” signs on the east side of North Road across from the spring;

CONSEQUENTLY,

It is moved by Councillor D. Lachance seconded by Councillor J.,M. Couture

AND RESOLVED THAT: Parking be and is hereby banned on that part of North Road on the eastern side of the road across from the spring for a distance of 100 metres, that is 50 metres on either side of the spring.

*CARRIED*

2006-11-254 MANDATE FOR THE BUILDING AND ENVIRONMENT INSPECTOR (254)

It is moved by Councillor J.C. Duff seconded by Councillor L. Maillé

AND RESOLVED THAT:

The building and environment inspector be and is hereby mandated to prepare a document to establish the best practice for digging and maintaining ditches along public roads.

*CARRIED*

2006-11-255 APPLICATION FOR MINOR EXEMPTION: MR. WILLIAM WESTHEAD AND MS DIANE PURDON (2006-08) (255)

WHEREAS Mr. William Westhead and Ms Diane Purdon have applied for a minor exemption to allow the siting of one part of the enlargement of the principal building 2.75 m from the lateral property line while the Zoning By-law requires a minimum setback of 5 m;

WHEREAS the siting of the house is not in compliance with the Zoning By-law 01- 269, and is protected by acquired rights;

WHEREAS the applicants wish to carry out a project to enlarge the building which would result in the building being still closer to the lateral line;

WHEREAS the enlargement would bring the front door of the residence farther from the property line;

WHEREAS the neighbour has no objection to this project as noted in his letter dated September 19, 2006;

WHEREAS the members of the CCU have voted in favour of this application;

CONSEQUENTLY,

It is moved by Councillor J.C. Duff seconded by Councillor D. Lachance

AND RESOLVED THAT:

The application for minor exemption by Mr. William Westhead and Ms Diane Purdon be and is hereby accepted, as presented to the council, following a decision by members of the CCU in favour of the application, for the reasons cited above. The minor exemption is given on the condition that an opaque screen of planting, a minimum of 8 ft high, be permanently maintained on the southern boundary of the property in relation to the residence.

*CARRIED*

2006-11-256 APPLICATION FOR A MINOR EXEMPTION BY MR. GERVAIS DUBÉ (2005-05) (256)

WHEREAS Mr. Gervais Dubé has applied for a minor exemption to have recognized as a private road in the meaning of the Subdivision By-law, one part (lot 1391-p) of a property built as a logging road built at the end of 1982;

WHEREAS the foundation of this road, that is, the structure or road surface, is not in conformity with the requirements of the Subdivision By-law 01-270 concerning the standard for construction of new roads; WHEREAS, the applicant completely renounces any future municipalization of this road;

WHEREAS, after study, the CCU recommends that this application for a minor exemption be accepted, given that the road was built in 1982, and will serve fewer than 5 lots;

WHEREAS the CCU has voted in favour of this request;

CONSEQUENTLY,

It is moved by Councillor J.C. Duff seconded by Councillor J.M. Couture

AND RESOLVED THAT:

1. The request by Mr. Dubé for a minor exemption, as presented to the council, be and is hereby accepted, as presented to the council, following a vote in favour by the members of the CCU, for the reasons listed above. The minor exemption is given on the condition that the road serve a maximum of 5 properties; should this condition not be respected, the minor exemption will become null and void.

2. In the eventuality that the road serves more than 5 properties, the property owner will be obliged to comply with the norms of the Subdivision by-law 01-270.

*CARRIED BY DIVISION* Councillors A. Bryant and M. Scholer vote against the motion.

2006-11-257 APPLICATION FOR MINOR EXEMPTION: MS LOUISE ALLAIRE (2006-07) (257)

WHEREAS Ms Louise Allaire has made an application for a minor exemption to allow the siting of a residential shed of 10 ft. x 14 ft. within the minimum front setback, that is, 3 m from the front lot line;

WHEREAS article 32 of Zoning By0law 01-269 requires a minimum setback of 10 m from the front lot line for the siting of any construction;

WHEREAS the topography of the property is very uneven and the space available quite limited;

WHEREAS, after study, the CCU recommends that this application for a minor exemption be refused because there are other places than the site specified in the application for the minor exemption to situate an accessory building, and because of its proximity to rue des Tilleuls;

WHEREAS the CCU has voted against this application;

CONSEQUENTLY,

It is moved by Councillor J.C. Duff seconded by Councillor D. Lachance

AND RESOLVED THAT:

The application for a minor exemption by Ms Louise Allaire be and is refused, as presented to the council, following the vote against by the members of the CCU, for the reasons listed above.

*CARRIED*

2006-11-258 APPLICATION TO THE CPTAQ BY MR. DONALD FISHER (258)

WHEREAS Mr. Donald Fisher has made an application to the CPTAQ related to lots 1455-P, 1456-P, 1459-1-P and 1459-2-P; WHEREAS this application is for the alienation and use for purposes other than agricultural, that is the alienation of the existing residence and the construction of a new residence on a future lot;

WHEREAS the site that is the subject of this application is wooded and there is no agricultural potential in the sector covered by this application, given the topography of the property;

WHEREAS the site covered by the application is part of an area given over to seasonal-recreational use identified as “Category 3” in the collective application presented in the fall of 2001;

WHEREAS authorization number 323966 was given by the CPTAQ for a nearby property;

WHEREAS the special circumstances related to the application do not justify the strict application of article 61.1, taking into account the territory concerned and the residences already in place;

WHEREAS the application is in all respects in compliance with the planning by-laws of the Municipality;

WHEREAS the majority of the CCU voted in favour;

CONSEQUENTLY,

AND RESOLVED THAT:

The council authorize the presentation of Mr. Donald Fisher’s application to the CPTAQ and confirm that it is in compliance with the municipal by-laws.

*CARRIED*

2006-11-259 AUTHORIZATION TO SIGN AN INTERMUNICIPAL AGREEMENT BY VIRTUE OF ARTICLE 108 OF THE MUNICIPAL POWERS ACT (259)

It is moved by Councillor D. Lachance seconded by Councillor J.M. Couture

AND RESOLVED THAT:

The mayor Roger Nicolet and secretary-treasurer Anne-Marie Ménard be and are hereby authorized to sign for and on behalf of the municipality an intermunicipal agreement with the MRC de Memphrémagog, in compliance with article 108 of the Municpal Powers Act (2005, c. C-6), the text of which is attached to this present resolution and forms an integral part of it.

*CARRIED*

2006-11-260 DESIGNATION OF THE BUILDING AND ENVIRONMENT INSPECTOR UNDER THE INTERMUNICIPAL AGREEMENT TO BE SIGNED BETWEEN THE MUNICIPALITY AND THE MRC RELATED TO WATERCOURSES IN THE MUNICIPALITY (260)

WHEREAS, the municipality has temporarily named Mr. Stephen Nicholson to act for the MRC in relation to watercourses on the territory of the municipality, in relation to article 105 of the Municipal Powers Act;

WHEREAS the council today adopted a resolution authorizing the signing of an intermunicipal agreement with the MRC de Memphrémagog to provide a service to the MRC corresponding with a service the MRC should provide under article 105 of the Municipal Powers Act; WHEREAS there is reason to name a person to apply this intermuncipal agreement with the MRC;

CONSEQUENTLY,

AND RESOLVED THAT:

Mr. Stephen Nicholson be and is hereby named to carry out all the tasks that need to be handled under the terms of articles 103 to 109 of the Municipal Powers Act, in the framework of the agreement to be signed between the municipality and the MRC related to watercourses in the Municipality.

*CARRIED*

2006-11-261 BY-LAW CONCERNING WIND TURBINES ON THE TERRITORY OF THE MUNICIPALITY OF AUSTIN (261)

WHEREAS by-law 10-05 of the MRC amends the complementary document to require municipalities to insert a control on the installation of wind turbines in certain parts of the territory;

WHEREAS the Municipality of Austin has a control to regulate the installation of wind turbines on its territory since the coming into force of by-law 05-322 on August 18, 2005; WHEREAS the by-law 05-322 authorizes wind turbines only in zone RU-10 and this zone is not situated in a tourist centre, in a corridor of superior visual interest, in a natural landscape of superior interest, in a pastoral landscape, along a picturesque, panoramic route, in a heritage precinct or in a wetland; 2006-11-261 WHEREAS By-law 05-332 does not permit wind turbines more than 3o m high; WHEREAS, for these reasons, the Municipality of Austin considers that it need not amend its zoning by-law to conform with the by-law 10-05 of the MRC; CONSEQUENTLY,

It is moved by Councillor D. Lachance seconded by Councillor M. Scholer AND RESOLVED THAT: As provided for in article 59.1 of the Act respecting land use planning and development, not to amend the zoning by-law to take into account by-law 10-05 of the MRC concerning wind turbines. *CARRIED* 2006-11-262 RESOLUTION CONCERNING UNHEALTHY CONDITIONS AT 56 RUE DU LAC DES SITTELLES (262)

WHEREAS various complaints have been made to the building and environment inspector concerning waste water being emptied directly onto lot 1479-168, with the civic address of 56, rue du lac des Sittelles;

WHEREAS following these complaints, the building and environment inspector made an inspection;

WHEREAS the inspection by the inspector revealed the presence of waste water being emptyied on the property thereby creating an unhealthy situation;

WHEREAS the provisions of article 57 and 58 of the Municipal Powers Act allow the municipality to take action;

CONSEQUENTLY, It is moved by Councillor D. Lachance seconded by Councillor L. Maillé

AND RESOLVED THAT:

1. The council of the Municipality of Austin recognizes that waste water is being , on lot 1479-168, civic address 56, rue du lac des Sittelles;

2. The council of the Municipality of Austin give its lawyers, Martel, Brassard, Doyon a mandate to issue a formal notice to Messrs, Marcel Beregeron and Simon Gaudreau and Ms Selena Bergeron to require them to take the necessary measures, within a period of 30 days, to remove the unhealthy conditions on the property at 56, rue du lac des Sittelles. Should the owners or occupants not comply, the lawyers be and are mandated to undertake all necessary legal procedures to obtain an order from the Quebec Superior Court to require said owners or tenants to remove the causes of the unhealthy conditions found on their property and to authorize the Municipality of Austin that should they owners or tenants not comply with the terms of the notice to obey within the period prescribed by the Superior Court, the Municipality of Austin be able itself to undertake the required measures at the expense of the property owners of occupants.

*CARRIED*

2006-11-263 POSTING : CALL FOR CANDIDATES TO SUPERVISE AND MAINTAIN THE SKATING RINK (263) M n WHEREAS there is reason to call for tenders for the supervision and maintenance of the skating rink for the winter season 2006/2007;

WHEREAS the director general presents a draft version of the call for candidates:

CONSEQUENTLY,

It is moved by Councillor L. Maillé seconded by Councillor A. Bryant

AND RESOLVED THAT:

Posting of the sign as presented to the council at the usual places be authorized.

*CARRIED*

2006-11-264 REQUEST FOR SUPPORT : PROJECT TO PROMOTE THE NORTH MISSISQUOI VALLEY (264)

WHEREAS a study was carried out to identify ways to diversify the economic base and stimulate sustainable development in the western sector of the MRC de Memphrémagog for a project to promote the North Missisquoi Valley;

WHEREAS the municipalities of East Bolton, the Township of Potton, Eastman and St-Étienne-de-Bolton ask for the support of the neighbouring municipalities of Austin, Saint-Benoît and South Stukely in the western sector in the application for an amount of $10,000 from the CLD de Memphrémagog;

WHEREAS the amount of $10,000 constitutes the balance of a budget awarded to the CLD de Memphrémagog for economic development in the western sector of the MRC de Memphrémagog;

CONSEQUENTLY,

It is moved by Councillor L. Maillé seconded by Councillor M. Scholer

AND RESOLVED THAT: The unicipality of Austin supports the request for financial aid in the amount of $10,000 to the CLD de Memphrémagog by the participating municipalities for the project to promote the Missisquoi Valley.

*CARRIED*

2006-11-265 AUTHORIZATION: INSTALLATION OF A FENCE FOR THE SKATING RINK (265)

WHEREAS there is reason to install a fence at each end of the skating rink as a safety measure for hockey games;

WHEREAS Clôtures Orford presents a bid, dated October 16, 2006, to install a galvanized fence, 4 ft. high with 180 ft. of mesh and all accessories required for installation, in the amount of $2,868, plus taxes, at both ends of the skating rink;

CONSEQUENTLY,

It is moved by Councillor A. Bryant seconded by Councillor L. Maillé

AND RESOLVED THAT:

The council accept the bid by Clôture Orford dated October 16, 2006, to install a galvanized fence, 4 ft. high, at the ends of the skating rink, at a cost of $2,868.00 plus taxes, to include all materials and labour.

*CARRIED*

2006-11-266 AUTHORIZATION: PURCHASE OF AN AIR EXCHANGER FOR THE RECREATION ROOM IN THE BASEMENT OF THE TOWN HALL (266)

WHEREAS the recreation room in the basement of the town hall is very humid in the summer and the conditions are not healthy for the children who use the room for the summer day camp;

WHEREAS three contractors have visited the room and have proposed that a heat recovering air exchanger be installed to solve the problem of humidity and air circulation, since the room has no windows;

WHEREAS the three contractors have presented offers of service as follows:

Contractor Amount plus taxes Capacity J.C. Morin $ 3,198.00 200 cfm Échangeur d’aire V.I.P. $3,130.00 400 cfm Beaudin Le Prohon $ 2 885.00 169 cfm

WHEREAS monies have been set aside in the current budget;

CONSEQUENTLY,

It is moved by Councillor L. Maillé seconded by Councillor J.C. Duff

AND RESOLVED THAT:

The council authorize the installation of an air exchanger in the recreation room, and accept the most complete proposal of the three offers to the council, from Échangeur d’aire V.I.P., in the amount of $ 3,130.00 plus taxes, as per their proposal dated October 232, 2006.

*CARRIED* AUTHORIZATION: PURCHASE OF A SHED FOR THE MUNICIPAL PARK (267)

WHEREAS for reasons of safety when the sports chalet is being used by young people, there is reason to purchase a shed to store the snow-blower and the gas tanks outside the sports chalet;

2006-11-267 WHEREAS Les Remises Concept has presented a plan to install a shed with inside chipboard panels, 10’ x 12’, with a guarantee of 40 years for exterior vinyl cladding and 25 years on the asphalt shingles, including eavestroughing and the front ramp

WHEREAS there are monies in the budget for park purposes for the current year;

CONSEQUENTLY,

It is moved by Councillor L. Maillé seconded by Councillor A. Bryant

AND RESOLVED THAT:

Authorization be given for the purchase of a shed from Les Remises Concept, 10 ft x 12 ft, in the amount of $2,590 plus taxes built as described in the proposal, to be used to store the snowblower and gas storage tanks.

*CARRIED*

2006-11-268 DONATION TO ÉCOLE VAL-DE-GRÂCE (268)

WHEREAS Val de Grâce elementary school has asked for a donation for a dramatic arts project , to produce a musical comedy; WHEREAS the school has obtained a grant of $1,500 from the Ministère de l’Éducation, and that the cost of the project is estimated at $3,500;

CONSEQUENTLY, It is moved by Councillor L. Maillé seconded by Councillor J.C. Duff

AND RESOLVED THAT: A grant of $200 be and is hereby awarded to the École primaire du Val-de-Grâce for their dramatic arts project. *CARRIED* CERTIFICATE OF CREDIT

I, the undersigned, Anne-Marie Ménard, Secretary-treasurer, hereby certify that there are sufficient credits for the expenditures called for by resolution numbers 2006-11-240, 241, 242, 245, 246, 249, 250, 265, 266, 267 and 268. * * *

2006-11-269 AJOURNMENT OF THE MEETING (269

All the items on the agenda having been dealt with, on a motion by Councillor M. Scholer the meeting is adjourned at 8:45 pm.

*CARRIED*

______Roger Nicolet Anne-Marie Ménard Mayor Secretary-treasurer