December 10, 2007 Minutes

1.  CALL TO ORDER - 7:30 PM
The Town of Grand Bay-Westfield Council met in a Regular Session  on Monday, December 10, 2007 with Mayor Losier presiding.
........
2. RECORD OF ATTENDANCE
Deputy Mayor Murphy, Councillor Little, Councillor McGowan, Councillor Day, and Councillor Evans were in attendance.
3.

 

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

(No Additions/Deletions)
 

4. 

 

DISCLOSURE OF CONFLICT OF INTEREST

None
 

5. 

 

PUBLIC HEARINGS 

None
 

6. PUBLIC PRESENTATIONS
6.1 PRESENTATION OF RCMP STATISTICAL REPORT FOR NOVEMBER 2007
RCMP REPRESENTATIVE ATTENDING

Corporal Landry provided information to Council regarding the RCMP Statistical Report for November 2007.

Councillor Day moved to receive and file RCMP Statistical Report for November 2007.

 Seconded by Councillor Evans.  Carried
 

7.  MINUTES
7.1 MINUTES OF REGULAR COUNCIL MEETING OF NOVEMBER 26, 2007
Deputy Mayor Murphy moved to adopt the minutes of the Regular Council Meeting of November 26, 2007 as presented.

 Seconded by Councillor McGowan.  Carried.
 

7.2 MINUTES OF FUNDY REGION SOLID WASTE COMMISSION MEETINGS OF JUNE 14, 2007,
SEPTEMBER 20, 2007, AND OCTOBER 11, 2007

 Councillor Day moved to receive and file minutes of Fundy Region Solid Waste Commission Meetings of June 14, 2007, September 20, 2007, and October 11, 2007.

 Seconded by Deputy Mayor Murphy.  Carried.
 

7.3 MINUTES OF GRAND BAY-WESTFIELD EMERGENCY MEASURES ORGANIZATION MEETING OF
TUESDAY, OCTOBER 16, 2007

 Councillor McGowan moved to receive and file minutes of Grand Bay-Westfield Emergency Measures Organization Meeting of Tuesday, October 16, 2007.

 Seconded by Deputy Mayor Murphy.  Carried.
 

8. BILLS FOR PAYMENT
Councillor Day moved to pay Bills for Payment enbloc for a total of $92,578.94 and Bills for Ratification for a total of $30,475.74; grand total of $123,054.68.

Seconded by Deputy Mayor Murphy.  Carried.
 

9. CONSENT AGENDA 
a) DOG CONTROL REPORT FOR NOVEMBER 2007
b) BUILDING INSPECTOR’S REPORT FOR NOVEMBER 2007
c) WORKS DEPARTMENT REPORT FOR NOVEMBER 2007
d) GRAND BAY-WESTFIELD VOLUNTEER FIRE/RESCUE DEPARTMENT REPORT FOR NOVEMBER 2007
e) RIVER CENTRE MANAGER’S REPORT FOR NOVEMBER 2007
f) RECREATION DIRECTOR’S REPORT FOR NOVEMBER 2007

Deputy Mayor Murphy moved to receive and file the following Consent Agenda items:

a) Dog Control Report for November 2007
b) Building Inspector’s Report for November 2007
c) Works Department Report for November 2007
d) Grand Bay-Westfield Volunteer Fire/Rescue Department Report for November 2007
e) River Centre Manager’s Report for November 2007
f) Recreation Director’s Report for November 2007.

 Seconded by Councillor Evans.  Carried.
 

10.
 

 

BUSINESS ARISING FROM MINUTES
a) Regular Council Meeting Minutes of November 26, 2007

         None
 

11.

 

DELEGATIONS 

 None
 

12.

 

PETITIONS 

 None
 

13. BY-LAWS
13.1  FIRST READING BY TITLE OF BY-LAW NO. 104B, AMENDMENT TO TOWN OF 
GRAND BAY-WESTFIELD BY-LAW NO. 104 RESPECTING THE REMUNERATION OF THE MAYOR AND COUNCIL OF THE TOWN OF GRAND BAY-WESTFIELD

Councillor McGowan moved First Reading by Title of By-law No. 104B, Amendment to Town of Grand Bay-Westfield By-law No. 104 Respecting the Remuneration of the Mayor and Council of the Town of Grand Bay-Westfield.

Seconded by Councillor Day.  Carried.

 By-law No. 104B was Read by Title
 

13.2  SECOND READING BY TITLE OF BY-LAW NO. 104B, AMENDMENT TO TOWN
 OF GRAND BAY-WESTFIELD BY-LAW NO. 104 RESPECTING THE REMUNERATION OF THE MAYOR AND COUNCIL OF THE TOWN OF GRAND BAY-WESTFIELD

Councillor McGowan moved Second Reading by Title of By-law No. 104B, Amendment to Town of Grand Bay-Westfield By-law No. 104 Respecting the Remuneration of the Mayor and Council of the Town of Grand Bay-Westfield.

Seconded by Councillor Day.  Carried.

By-law No. 104B was Read by Title.
 

14.

 

NOTICE OF MOTIONS 

 None
 

15.  REPORTS
15.1 TOWN MANAGER’S REPORT OF DECEMBER 4, 2007
RE:  2008 SEWERAGE REVENUE FUND OPERATING BUDGET

Councillor Day moved to adopt the 2008 Sewerage Revenue Fund Operating Budget as per document attached to the Town Manager’s report of December 4, 2007 reflecting total revenues of $461,910 and total expenditures of $461,910; the sewerage user fee shall be $270.00 per user unit effective January 1, 2008 with a $15.00 discount for residential units only, if full payment is received by the Town Office by 5:00 p.m. on Tuesday, April 1, 2008; discount applicable where there are no arrears or penalties payable in respect of the annual user charge.

 Seconded Councillor Evans.  Carried.
 

15.2  TOWN MANAGER’S REPORT OF NOVEMBER 22, 2007
RE:  2008 GENERAL REVENUE FUND OPERATING BUDGET

Councillor McGowan moved that the sum of $4,187,699 be the total budget of the Municipality, that the sum of $3,487,351 be the Warrant of the Municipality for the ensuing year, and that the tax rate for the Municipality be $1.3700 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 Deputy Mayor Murphy.  Carried.
 

15.3 TOWN MANAGER’S REPORT OF DECEMBER 6, 2007 
RE:  PROPOSED 2007 TRANSFER TO THE GENERAL CAPITAL RESERVE FUND

 Councillor Day moved to transfer $245,000 from the General Revenue Fund to the General Capital Reserve Fund and further to transfer from the General Capital Reserve Fund to the General Revenue Fund the following:  $19,789.27 regarding River Centre Furnishings and $1,163.77 regarding Park and Ride.

 Seconded by Councillor McGowan.  Carried.
 

15.4 TOWN MANAGER’S REPORT OF DECEMBER 6, 2007
RE:  PROPOSED 2007 TRANSFER TO THE SEWERAGE CAPITAL RESERVE FUND

 Councillor Evans moved to transfer $27,000.00 from the Sewerage Revenue Operating Fund to the Sewerage Capital Reserve Fund.

 Seconded by Councillor McGowan.  Carried.
 

16. MEMORANDUM OF JUNE 5, 2007 FROM PLANNING ADVISORY COMMITTEE
RE:  TENTATIVE SUBDIVISION APPROVAL DONNA & IAN SILLIKER & AM-CAN ENTERPRISES LTD. - 327 RIVER VALLEY DRIVE, PID NO. 00222976/DEVELOPMENT OFFICER’S REPORT OF DECEMBER 5, 2007

Councillor Evans moved to permit Andrew Logan to address Council Re:  Tentative Subdivision Approval Donna & Ian Silliker & Am-Can Enterprises Ltd. - 327 River Valley Drive, PID No. 00222976. 

 Seconded by Councillor Day.  Carried unanimously.

Mr. Logan presented Council with details regarding the Tentative Subdivision Plan for 327 River Valley Drive.
 

Deputy Mayor Murphy moved to approve conditions of Tentative Approval to Donna & Ian Silliker & Am-Can Enterprises Ltd. Subdivision subject to completion of the following, prior to Final Approval:

a) completion of Final Street design including the connections to existing Town sanitary and storm sewers and street intersection design at River Valley Drive to be approved by the Town Engineer (refer to letter from Godfrey Associates Ltd. dated December 5, 2007 for additional design comments); 

b) approval by the Department of Environment for extension of sewer services;

c) completion of all remedial road work design, to be approved by the Town Engineer (except any Designated Highway work approved by the Province) as identified by a Traffic Study to be completed and paid for by the Town to mitigate any safety concerns raised by the introduction of MacDonald Avenue into the existing Woolastook Drive/River Valley Drive interchange;

and also subject to the following general conditions:

i) no blasting to occur in the development unless expressly approved of Council;
ii) recording of NB Power/Aliant Utility Easements on the Final Subdivision Plan;
iii) approval of Subdivision Developer’s Agreement prior to final approval of the Plan
iv) issuance of a Building Permit to be subject to the completion of a Subdivision Developer’s Agreement with the Town;

  to accept $78.95, money in lieu of Land For Public Purposes (cash, debit, money order or certified cheque) for the creation of four new building lots to be created out of PID No. 00222976 as shown on the Tentative Subdivision Plan, Donna & Ian Silliker and Am-Can Enterprises Ltd. Subdivision, as prepared by Hughes Surveys & Consultants Inc. dated May 17, 2007; and to assent to the name MacDonald Avenue on the Final Subdivision Plan;

in addition to the above it is the staff recommendation to: 

advise the Anglican Parish of the Nerepis and St. John that the Town requires the registration of a Developer’s Agreement complete with sufficient Security to complete the street/services intended to access the new Church of the Resurrection, and to enable the speedy processing of this project, the Town will authorize an expenditure of up to $15,000 to proceed immediately to complete a Traffic Study to determine the intersection design criteria that will need to be incorporated in the approved plan to ensure the impact of the new street intersection will have no negative traffic concerns; and to advise the Church that the Town will process an application for a Building Permit immediately upon completion of the Developer’s Agreement.

 Seconded by Councillor McGowan.  Carried.
 

17. PLANNING ADVISORY COMMITTEE APPLICATIONS
RON DAIGLE, MEL STEFFENS, JOHN B. LOGAN, AND CHYANN M. KIRBY

 Deputy Mayor Murphy moved to appoint Ron Daigle and Chyann M. Kirby as members of the Planning Advisory Committee (PAC) for a three year term and to forward a letter of thanks to Mel Steffens.

 Seconded by Councillor McGowan.  Carried.

 Councillor Little voted nay.

 It was noted Mel Steffens was an active member of PAC for three terms and his service was greatly appreciated.
 

18. DEVELOPMENT OFFICER’S REPORT OF NOVEMBER 30, 2007
RE:  PESTICIDE BY-LAW/EMAIL FROM PATTY DONOVAN, CONSERVATION COUNCIL OF NEW BRUNSWICK

 Deputy Mayor Murphy moved to receive and file email of November 30, 2007 from Patty Donovan, Conservation Council of New Brunswick Re:  Pesticide By-law.

 Seconded by Councillor McGowan.  Carried.
 

19. DEVELOPMENT OFFICER’S REPORT OF DECEMBER 3, 2007 
RE:  2008 EXCAVATION PERMIT - KEEL CONSTRUCTION LTD., BALLENTINE PIT, PID NOS. 00093088, 00227546, 00227595, 30042899

 Councillor Day 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 2008 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 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 2008 Excavation Permit period and to be effective from January 1, 2008 to December 31, 2009 inclusive;

3. approve conditions for the 2008 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 6 m (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 2008 working season.

 Seconded by Councillor Evans.  Carried.
 

20. CORRESPONDENCE FROM STEPHANIE B. PATTERSON, P. ENG., GODFREY ASSOCIATES LTD.
RE:  PROGRESS INVOICE 3 FINAL, STORM SEWER ROUTE NO. 177, PROJECT NO. 010-128

 Councillor Day moved to approve Progress Invoice 3 Final for Storm Sewer Route No. 177, Project No. 010-128 per correspondence from Stephanie B. Patterson, P. Eng., Godfrey Associates Ltd. dated December 5, 2007.

 Seconded by Deputy Mayor Murphy.  Carried.

 It was noted by Councillor McGowan that any restoration work from Project No. 010-128, Storm Sewer, Route 177 would be completed in the spring.
 

21.  LETTER OF DECEMBER 5, 2007 FROM STEPHANIE B. PATTERSON, 
P. ENG., GODFREY ASSOCIATES LTD.  RE:  CLAIM NO. 26,  SEWER SYSTEM EXTENSION, GRAND BAY-WESTFIELD, INFRASTRUCTURE PROJECT NO. 63 37 05 431 02, PROJECT NOS. 010-091, 010-102, 010-103, 010-104, 010-109, 010-110 & 010-121

 Councillor McGowan moved to approve Claim No. 26 Sewer System Extension, Grand Bay-Westfield, Infrastructure Project No. 63 37 05 431 02, Project Nos. 010-091, 010-102, 010-103, 010-104, 010-109, 010-110 & 010-121 and pay relevant Invoice per letter of December 5, 2007 from Stephanie B. Patterson, P. Eng., Godfrey Associates Ltd.

 Seconded by Councillor Evans.  Carried.
 

22. LETTER OF DECEMBER 6, 2007 FROM GEORGE W. FISK CIP CAIB, HUESTIS INSURANCE
RE:  MUNICIPAL INSURANCE PROGRAM RENEWAL - EFFECTIVE JANUARY 1, 2008

 Councillor Evans moved to approve the recommendation per letter of December 6, 2007 from George W. Fisk CIP CAIB, Huestis Insurance Re:  Municipal Insurance Program Renewal - Effective January 1, 2008.

 Seconded by Councillor McGowan.  Carried.
 

23.  TOWN MANAGER’S REPORT OF DECEMBER 7, 2007
RE:  APPOINTMENTS TO EMERGENCY MEASURES ORGANIZATION (EMO)

 Councillor Evans moved to appoint Diane McGowan and Kelly Adams as voting members of the Town Emergency Measures Organization (EMO), effective immediately.

 Seconded by Deputy Mayor Murphy.  Carried.
 

24. LETTER RECEIVED NOVEMBER 26, 2007 FROM DAVID MORGAN, PRINCIPAL, 
HARBOUR VIEW HIGH SCHOOL RE:  DONATION OF FREE DAY AT HARBOUR STATION/RECREATION DIRECTOR’S REPORT OF NOVEMBER 28, 2007 

 Councillor Evans moved to approve the use of the Town’s free day at Harbour Station for Harbour View High School per letter received November 26, 2007 from David Morgan, Principal of Harbour View High School.

 Seconded by Councillor McGowan.  Carried.
 

25.  LETTER OF DECEMBER 6, 2007 FROM GEORGE W. FISK CIP CAIB, HUESTIS INSURANCE
RE:  AMBULANCE ERRORS AND OMISSIONS LIABILITY INSURANCE

 Councillor Day moved to accept the recommendation per letter of December 6, 2007 from George W. Fisk CIP CAIB, Huestis Insurance Re:  Ambulance Errors and Omissions Liability Insurance.

 Seconded by Councillor Evans.  Carried.
 

26. ADJOURNMENT
Councillor McGowan moved adjournment.
Seconded by Councillor Day.  Carried.
Time: 8:19 pm

Respectfully submitted,


 

 
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