December 8, 2008 Minutes


1......
CALL TO ORDER - 7:30 PM

The Town of Grand Bay-Westfield Council met in a Regular Session on Monday, December 8, 2008 with Mayor Losier presiding.

2. RECORD OF ATTENDANCE

Deputy Mayor Archer, Councillor Calvin, Councillor Day, Councillor McGowan, and Councillor Murphy were in attendance.

3. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS

Councillor Day moved to approve agenda of December 8, 2008 and add item No. 28a - Demand Loan - Environmental Health Services.

Seconded by Councillor McGowan.  Carried unanimously.

4. DISCLOSURE OF CONFLICT OF INTEREST

None

5. PUBLIC HEARINGS

None

6. PUBLIC PRESENTATIONS

6.1 PRESENTATION OF RCMP STATISTICAL REPORT FOR NOVEMBER 2008 - RCMP REPRESENTATIVE ATTENDING

Corporal Rob Landry provided information to Council regarding the RCMP Statistical Report for November 2008.

Councillor Day moved to receive and file RCMP Statistical Report for November 2008.

    Seconded by Councillor Murphy.  Carried.

6.2 Presentation by The Campaign For Key Industries Charitable Foundation Inc. - Tom James, Chair, Presenter

    Dan LeBlanc, Christine Evans, and Tom James provided information to Council regarding the Campaign for Key Industries Charitable Foundation Inc.

    Councillor Murphy moved to receive presentation and refer the request for funding from Key Industries to the 2009 Capital budget process.

    Seconded by Councillor McGowan.  Carried.

7. MINUTES

7.1 MINUTES OF REGULAR COUNCIL MEETING OF NOVEMBER 24, 2008

Councillor Day moved to adopt the minutes of the Regular Council Meeting of November 24, 2008 as presented.

    Seconded by Deputy Mayor Archer.  Carried.

7.2 Minutes of River Valley Community Center Foundation Inc. Board of Directors Meeting of October 21, 2008

    Councillor McGowan moved to receive and file minutes of River Valley Community Center Foundation Inc. Board of Directors Meeting of October 21, 2008.

    Seconded by Councillor Murphy.  Carried.

7.3 MINUTES OF FUNDY REGION SOLID WASTE COMMISSION MEETINGS OF SEPTEMBER 11, 2008 AND OCTOBER 9, 2008

    Councillor Murphy moved to receive and file minutes of Fundy Region Solid Waste Commission Meetings of September 11, 2008 and October 9, 2008.

    Seconded by Deputy Mayor Archer.  Carried.

7.4 MINUTES OF PLANNING ADVISORY COMMITTEE MEETING OF OCTOBER 20, 2008

    Councillor McGowan moved to receive and file minutes of Planning Advisory Committee Meeting of October 20, 2008.

    Seconded by Deputy Mayor Archer.  Carried.

8. BILLS FOR PAYMENT

Councillor Day moved to pay Bills for Payment in the amount of $94,760.58 and Bills for Ratification in the amount of $26,993.96; Grand Total of $121,754.54.

Seconded by Councillor Calvin.  Carried

9.
CONSENT AGENDA

a) Volunteer Fire/Rescue Department Report of November 2008
b) Building Inspector’s Report for November 2008
c) River Centre Manager’s Report for November 2008
d) Recreation Department Report for November 2008

Councillor Murphy moved to receive and file the following Consent Agenda items:
   
a) Volunteer Fire/Rescue Department Report of November 2008
b) Building Inspector’s Report for November 2008
c) River Centre Manager’s Report for November 2008
d) Recreation Department Report for November 2008.

    Seconded by Deputy Mayor Archer.  Carried.

10. Business Arising from Minutes

a) Regular Council Meeting Minutes of November 24, 2008

            None

11. Delegations

    None

12.
Petitions

    None

13. By-laws

13.1 First Reading By Title of By-law No. 17D, Town of Grand Bay-Westfield By-law Amendment to the Building By-law

    Councillor McGowan moved First Reading By Title of By-law No. 17D, Town of Grand Bay-Westfield By-law Amendment to the Building By-law.

    Seconded by Councillor Murphy.  Carried.

    By-law No. 17D, Town of Grand Bay-Westfield By-law Amendment to the Building By-law was read by Title.

13.2 Second Reading by Title of By-law No. 17D, Town of Grand Bay-Westfield By-law Amendment to the Building By-law

Councillor McGowan moved Second Reading by Title of By-law No. 17D, Town of Grand Bay-Westfield By-law Amendment to the Building By-law.

    Seconded by Councillor Murphy.  Carried.

By-law No. 17D, Town of Grand Bay-Westfield By-law Amendment to the Building By-law was read by Title.

14. Notice of Motions

    None

15.
Reports

15.1 Town Manager’s Report of December 4, 2008 Re:  2009 Sewerage Revenue Fund Operating Budget

    Councillor Murphy moved to adopt the 2009 Sewerage Revenue Fund Operating Budget as per document attached to the Town Manager’s report of December 5, 2008 reflecting total revenues of $468,423 and total expenditures of $468,423; the sewerage user fee shall be $270.00 per user unit effective January 1, 2009 with a $15.00 discount for residential units only, if full payment is received by the Town Office by 5:00 p.m. on Wednesday, April 1, 2009; discount applicable where there are no arrears or penalties payable in respect of the annual user charge.

    Seconded by Deputy Mayor Archer.  Carried.

15.2 Town Manager’s Report of December 4, 2008 Re:  2009 General Revenue Fund Operating Budget

Councillor Day moved that the sum of $4,592,551 be the total budget of the Municipality, that the sum of $3,893,711 be the Warrant of the Municipality for the ensuing year, and that the tax rate for the Municipality be $1.37 and further that the Council orders and directs the levying by the Minister of Environment and Local Government of said amount on real property liable to taxation under the Assessment Act within the Municipality of Grand Bay-Westfield.

    Seconded by Councillor McGowan.  Carried.

15.3 Town Manager’s Report of December 5, 2008 Re:  Proposed 2008 Transfers to/from Capital Reserve Funds

Deputy Mayor Archer moved to transfer $200,350.58 from the General Capital Reserve Fund to the General Operating Fund Re:  Transportation - Electronic Spreader $6,019.56, Aerial Photos $8,677.08, Traffic Study $10,483.27; Environmental Development - Municipal Plan Study $26,935.40, Commercial Core Road $105,440.39; River Centre - Accessory Building $6,154.03, Movie Equipment $7,640.85; Recreation - Running Track $29,000 and further moved:

to transfer $225,000 from the General Revenue Fund to the General Capital Reserve Fund for future capital expenditures and further moved:

to transfer $10,000 from the Sewerage Revenue Fund to the Sewerage Capital Reserve Fund for future capital expenditures.

    Seconded by Councillor Day.  Carried.

16. Letter of December 5, 2008 from George Fisk, CIP CAIB, Huestis Insurance Re: Municipal Insurance Program Renewal - Effective January 1, 2009

    Councillor Murphy moved to concur with recommendation from George Fisk, CIP CAIB, Huestis Insurance per letter of December 5, 2008  Re:  Municipal Insurance Program Renewal effective January 1, 2009.

    Seconded by Deputy Mayor Archer.  Carried.

17. Email of November 27, 2008 from Jim Balcomb Re:  Funding for River Valley New Year’s Eve Family Skate

    Councillor Murphy moved to approve funding of $100 for River Valley New Year’s Eve Family Skate per request of November 27, 2008 from Jim Balcomb, River Valley Chamber of Commerce.

    Seconded by Deputy Mayor Archer.  Carried.

18.
Fire Chief’s Report of December 1, 2008 Re:  Relocate Westfield Crescent Pump House/Brought Forward from November 10, 2008 Council Meeting

    Councillor McGowan moved to proceed with the Westfield Crescent Pump House relocation pending the approval of the Highway Use Permit from the Department of Transportation as per the original report submitted to Council on November 10, 2008 by the Fire Chief for an estimated cost of $15,925.

    Seconded by Councillor Murphy.  Carried.

19. Development Officer’s Report of December 3, 2008 Re:  2009 Excavation Permit - Keel Construction Ltd., Ballentine Pit, PID Nos. 00093088, 00227546, 00227595, 30042899

    Deputy Mayor Archer moved to:

1.approve the Rehabilitation Plan as presented by Hobart Realty Ltd. dated May 15, 1998 and revised May 16, 2006 by Murdock Lingley Ltd. as it relates to the 2009 Excavation Permit for excavation of material from Ballentine Pit, lands identified by PID  Nos. 00093088, 00227546, 00227595, 30042899;


2.approve the Bond of Indemnity Bond #HM0003001013, Endorsement #14, in the amount of $50,000.00 issued by the Guarantee Company of North America, to be held as security for the Rehabilitation of the Ballentine Pit located at lands identified by PID Nos. 00093088,  00227546, 00227595, 30042899 for the 2009 Excavation Permit, being effective from December 31, 2008 to December 31, 2010 inclusive;

3.approve conditions for the 2009 Excavation Permit as set out in section 15.9 of the Town’s Zoning By-law with additional requirements to provide street sweeping on Ballentine Place once per week during the months of June through October and provide to the Town within 5 working days of the end of each month written records of the dust control measures undertaken; additional dust control measures may be requested by the Building Inspector as required, subject to special and or unreasonable dust conditions;

4.and completion of the restoration of exposed rock faces created in 2006 are to be stabilized with slopes of 1.5H:1V, no higher than 6m (20 ft) without a minimum of 6m level terrace to be rehabilitated with local granular material and with a seeded cover by the end of the 2009 working season.

Seconded by Councillor Murphy.  Carried.

20. Town Manager’s Report of November 24, 2008 Re:  Appointment of Tourism Committee Member

    Councillor Murphy moved to appoint Laurel Reid as a voting member of the Town Tourism Committee, effective immediately.

    Seconded by Deputy Mayor Archer.  Carried.

21. Development Officer’s Report of December 3, 2008 Re:  Municipal Plan By-law Review, Section 25 Presentation Date

    Councillor Day moved that Council establish the date of January 12, 2009 for a Public Presentation as required under Section 25 of the Community Planning Act, to be held in the Grand Bay Room, 609 River Valley Drive, to hear a proposal to adopt a new Municipal Plan By-law; objections to and comments in support of the proposal may be made to Council within 30 days of the Public Presentation.

    Seconded by Councillor McGowan.  Carried.

22. Development Officer’s Report of December 3, 2008 Re:  Tentative Subdivision Plan Approval, Panoramic Estates Subdivision, Phase 5 Extension

    Councillor Murphy moved to accept the request from Maguire Excavation Ltd. dated November 28, 2008 for the extension to the 6 month Tentative Approval granted by the Development Officer based upon previous motion of Council dated June 9, 2008.

    Seconded by Councillor McGowan.  Carried.

23. Development Officer’s Report of December 3, 2008 Re:  Teal Street, Final Completion of the Work, Establishing One (1) Year Warrantee Period

    Deputy Mayor Archer moved to accept the Final Completion of Work under Developer’s Agreement with Gary Fowler for the construction of Teal Street extension and establish a one (1) year Warrantee Period with a 15% holdback (Bank Draft from the Royal Bank in the amount of $5,250.00) to be held by the Town.

    Seconded by Councillor Calvin.  Carried.

24. Email from Jana Randall, Westfield Elementary School Re:  December’s Theme for Celebrate What’s Right With the World is, Be Your Best for the World

    Deputy Mayor Archer moved to receive and file email from Jana Randall, Westfield Elementary School Re: December’s Theme for Celebrate What’s Right With the World is, Be Your Best for the World.

    Seconded by Councillor Day.  Carried.

25. Thank You Card and Donation from River Valley Lions

    Councillor Murphy moved to receive and file Thank You Card and Donation from River Valleys Lions.

    Seconded by Deputy Mayor Archer.  Carried.

26. Appointment of Planning Advisory Committee Members - Term Effective January 1, 2009 for three (3) years

    Councillor Murphy moved to appoint James Burke and Linda Estabrooks as members of the Planning Advisory Committee for a three year term effective January 1, 2009.

    Seconded by Councillor McGowan.  Carried.

27. Facsimile of December 4, 2008 from Clayton Rogers, P. Eng. Re:  Sidewalk Panel Replacement - 2008 Revised Completion Date, Project No. 010-139

    Councillor Murphy moved to delay Sidewalk Panel Replacement, Project No. 010-139 until Spring per recommendation of December 4, 2008 from Clayton Rogers, P. Eng., Godfrey Associates Ltd.

    Seconded by Deputy Mayor Archer.  Carried.

28. River Centre Manager’s Report of December 2, 2008  Re: Automatic External Defibrillator (AED)

    Councillor Day moved to approve the purchase of a Phillips FRx AED at the most advisable price in consultation with Councillor McGowan and to join the New Brunswick Emergency Services (NB EMS) Public Access Defibrillation Program.



    Seconded by Councillor Murphy.  Carried.

28.a DEMAND LOAN - ENVIRONMENTAL HEALTH SERVICES

    Councillor Calvin moved to authorize a Demand Loan for $150,000 Re:  MA 07-34 dated May 17, 2007 Re:  Town Sewerage Infrastructure Project/Capital purchases.

    Seconded by Deputy Mayor Archer.  Carried.

29. Adjournment

Councillor McGowan moved adjournment.
    Seconded by Deputy Mayor Archer.  Carried.
    Time:  8:26 pm
   
Respectfully submitted,

Sandra Gautreau                                                                    Grace Losier
Town Manager/Clerk                                                                        Mayor

           
Marcia Mason
Assistant Clerk