December 14, 2009 Minutes
1..... CALL TO ORDER - 7:30 PM

The Town of Grand Bay-Westfield Council met in a Regular Session on Monday, December 14, 2009 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 McGowan moved to approve the agenda of Monday, December 14, 2009 and add item No. 26a - Food Drive.

Seconded by Deputy Mayor Archer.  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 2009 - RCMP REPRESENTATIVE ATTENDING

    Cpl. Landry provided information to Council regarding the RCMP Statistical Reports for November 2009.  

    Councillor Murphy moved to receive and file the RCMP Statistical Report for November 2009.

    Seconded by Councillor McGowan.  Carried.
7. MINUTES
7.1 MINUTES OF REGULAR COUNCIL MEETING OF NOVEMBER 23, 2009

Councillor Murphy moved to adopt the minutes of the Regular Council Meeting of November 23, 2009 as presented.

Seconded by Deputy Mayor Archer.  Carried.
7.2 MINUTES OF PLANNING ADVISORY COMMITTEE MEETING OF NOVEMBER 2, 2009

    Councillor McGowan moved to receive and file minutes of Planning Advisory Committee Meeting of November 2, 2009.

    Seconded by Councillor Day.  Carried.
7.3 MINUTES OF TOURISM COMMITTEE MEETING OF OCTOBER 15, 2009

    Councillor Murphy moved to receive and file minutes of Tourism Committee Meeting of October 15, 2009.

    Seconded by Councillor Calvin.  Carried.
7.4
MINUTES OF FUNDY REGION SOLID WASTE COMMISSION MEETING OF OCTOBER 8, 2009

Deputy Mayor Archer moved to receive and file minutes of Fundy Region Solid Waste Commission Meeting of October 8, 2009.

Seconded by Councillor McGowan.  Carried.
8. BILLS FOR PAYMENT

Councillor Day moved to pay Bills for Payment in the amount of $5,991.87 and Bills for Ratification in the amount of $170,990.73; Grand Total $176,982.60.

Seconded by Deputy Mayor Archer.  Carried.
9.
CONSENT AGENDA

a) Dog Control Report for November 2009
b) Building Inspector’s Report for November 2009
c) River centre manager’s report november 2009
d) Works Department Report for November 2009
e) Recreation Director’s Report for November 2009
f) Grand Bay-Westfield Volunteer Fire/Rescue Department Reports for October and November 2009

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

a) Dog Control Report for November 2009
b) Building Inspector’s Report for November 2009
c) River Centre Manager’s Report November 2009
d) Works Department Report for November 2009
e) Recreation Director’s Report for November 2009
f) Grand Bay-Westfield Volunteer Fire/Rescue Department Reports for October and November 2009.

Seconded by Councillor Calvin.  Carried.
10. BUSINESS ARISING FROM MINUTES
a) Regular Council Meeting Minutes of November 23, 2009

             None
11. DELEGATIONS

None
12. PETITIONS 

    None
13. BY-LAWS

    None
14.
NOTICE OF MOTIONS

    None
15.
REPORTS
15.1 TOWN MANAGER’S REPORT OF DECEMBER 9, 2009 RE:  2010 SEWERAGE REVENUE FUND OPERATING BUDGET

Councillor Day moved to adopt the 2010 Sewerage Revenue Fund Operating Budget as per document attached to the Town Manager’s report of December 9, 2009 reflecting total revenues of $462,053 and total expenditures of $462,053; the sewerage user fee shall be $270.00 per user unit effective January 1, 2010 with a $15.00 discount for residential units only, if full payment is received by the Town Office by 5:00 pm on Thursday, April 1, 2010; discount applicable where there are no arrears or penalties payable in respect of the annual user fee.

    Seconded by Deputy Mayor Archer.  Carried.
15.2 TOWN MANAGER’S REPORT OF DECEMBER 9, 2009 RE: 2010 GENERAL     REVENUE FUND OPERATING BUDGET

Deputy Mayor Murphy moved whereas the base rate calculated under section 5.01(2) of the Property Act is $1.2860, and whereas the Council of the municipality of Grand Bay-Westfield has deemed the revenue requirement for the municipality to be greater than the amount generated by this rate; therefore be it resolved that the sum of $4,926,495 be the total budget of the Municipality, that the sum of $4,225,585 be the Warrant of the Municipality, and that the tax rate for the Municipality be $1.3700 in accordance with subsection 5.01(3) (b) of the Real Property Tax Act and further that the Council orders and directs the levying by the Minister of 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 9, 2009 RE:  PROPOSED 2009 TRANSFERS TO/FROM CAPITAL RESERVE FUNDS

Councillor Day moved to transfer $151,707.81 from the General Capital Reserve Fund to the General Revenue Operating Fund per attached Schedule A of the Town Manager’s report of December 9, 2009 as follows:
 and move to transfer $125,000.00 from the General Revenue Operating Fund to the General Capital Reserve Fund for future capital expenditures, and move to transfer $4,200 from the Subdivision Fund to the General Revenue Operating Fund, and move to transfer $8,000 from the Sewerage Revenue Fund to the Sewerage Capital Reserve Fund for future capital expenditures.

Seconded by Deputy Mayor Archer.  Carried.
16. CORRESPONDENCE RECEIVED NOVEMBER 25, 2009 FROM THE CREEPY CRAWL 5K RUN/WALK RE: THANK YOU FOR SUPPORT

    Deputy Mayor Archer moved to receive and file correspondence received November 25, 2009 from The Creepy Crawl 5K Run/Walk Re: Thank You for Support.

    Seconded by Councillor McGowan.  Carried.
17. DEVELOPMENT OFFICER’S REPORT OF DECEMBER 9, 2009 RE:  TEAL STREET, FINAL COMPLETION OF THE WORK, ONE (1) YEAR WARRANTEE RELEASE

    Deputy Mayor Archer moved to release the 15% Holdback payment in the form of a Bank Draft from the Royal Bank in the amount of $5,250.00 to Atlantic Building Contractors (Mr. Gary Fowler) for the construction of Teal Street extension.

    Seconded by Councillor McGowan.  Carried.
18. LETTER OF NOVEMBER 20, 2009 FROM ATLANTIC CANADA OPPORTUNITIES AGENCY RE:  AMENDMENT APPROVAL UNDER THE RECREATION INFRASTRUCTURE CANADA PROGRAM (RINC) - AUTHORIZATION FOR SIGNATURES

    Councillor Murphy moved to authorize signatures per letter of November 20, 2009 from Atlantic Canada Opportunities Agency Re:  Amendment Approval under the Recreation Infrastructure Canada Program (RInC).

    Seconded by Councillor Calvin.  Carried.
19.
PROPOSED RESOLUTIONS RE:  LAND ACQUISITION FOR PROPOSED COL. NASE BLVD. EXPROPRIATION PROCEDURE

    Councillor McGowan moved that it is the objective of the Town of Grand Bay-Westfield to establish a new public road connecting existing Highway 7 to River Valley Drive, which said road shall follow generally the alignment set forth in plans for land acquisitions for this project (the lands) prepared by DeSaulniers Surveys Ltd. under the direction of Godfrey Associates Ltd. - Dillon Consulting Limited, consulting engineers for the Town and,

    further moved that the Town solicitor be authorized to commence and proceed with the expropriation process to acquire access and title to the Lands, excepting any which have already been conveyed to the Town, required to permit construction and operation of the proposed public road; and further, that entry is hereby authorized by those of the Town’s employees and agents as are necessary for the construction and operation of the said public road and,

    further moved that the Mayor and Clerk be authorized to execute all such documents as are required to be executed for the facilitating and carrying out of the above stated objective; including but not limited to any and all documents pursuant to the provisions of the Expropriation Act, Chapter E-14 R.S.N.B. 1973 and amendments thereto and regulations thereunder, with respect to each of the Lands through which the alignment of the proposed public road runs.

    Seconded by Deputy Mayor Archer.  Carried.
20. MEMORANDUM OF DECEMBER 9, 2009 FROM THE PLANNING ADVISORY COMMITTEE RE:  TOWN OF GRAND BAY-WESTFIELD TENTATIVE/FINAL SUBDIVISION PLAN APPROVALS (RECOMMENDATION TO COUNCIL) COLLECTOR ROAD/DEVELOPMENT OFFICER’S REPORT OF DECEMBER 9, 2009

    Deputy Mayor Archer moved to assent to the following Subdivision Plans as prepared by DeSaulniers Surveys Inc., for the creation of a new Public Street, to be called Col. Nase Blvd. and shown on the following Subdivision Plans as “Public”.

1.     J.D. Irving Limited Subdivision, Core Collector Parcel 2 dated     June 2, 2009;
2.     Joseph and Deborah Young Subdivision, Collector Road Parcel 3,
       dated June 25, 2009
3.    Ian & Donna Silliker Subdivision, Collector Road Parcel 5, dated July 11, 2009.

    Seconded by Councillor Murphy.  Carried.
21.
MEMORANDUM OF DECEMBER 9, 2009 FROM THE PLANNING ADVISORY COMMITTEE RE:  APPLICATION FOR TENTATIVE SUBDIVISION APPROVAL LINDA DESAULNIERS - HIGHLAND ROAD/DEVELOPMENT OFFICER’S REPORT OF DECEMBER 9, 2009

    Councillor Murphy moved that Council accept $103.27, as money in Lieu of Land for Public Purposes requirements (cash, money order, certified cheque or debit) for the purpose of creating one new building lot on Highland Road, out of PID No. 30118004, as shown on the Tentative Subdivision Plan, Linda DeSaulniers Subdivision, Lot 09-01, as prepared by DeSaulniers Surveys Inc. and dated November 20, 2009; with approval of final Subdivision Plan to be subject to:

a)     Payment of $103.27 (cash, money order, certified cheque or debit);
b)     any additional utility easements as required by NB Power & Bell
        Aliant for servicing the lot to be recorded and signed on the Final Plan;
c)    recording of Civic Number “161” for Lot 09-01 on the Final Subdivision Plan;
d)     and approval of the Works Commissioner for placement of new driveway
       culverts.

Seconded by Councillor Calvin.  Carried.
22. FACSIMILE OF DECEMBER 9, 2009 FROM STEPHANIE B. PATTERSON, P. ENG., GODFREY ASSOCIATES LTD. RE:  TENNIS COURT AND BALLFIELD IMPROVEMENTS, INGLEWOOD DRIVE, GRAND BAY-WESTFIELD, NB - PROJECT NO. 010-150

    Deputy Mayor Archer moved to approve Claim No. 1 with authorization for payment of relevant invoices for Tennis Court and Ballfield Improvements, Inglewood Drive, Grand Bay-Westfield, NB - Project No. 010-150 per facsimile of December 9, 2009 from Stephanie B. Patterson, P. Eng. of Godfrey Associates Ltd.

    Seconded by Councillor Day.  Carried.
23. LETTER OF DECEMBER 9, 2009 FROM GEORGE W. FISK, CIP CAIB, HUESTIS COMMERCIAL INSURANCE RE:  MUNICIPAL INSURANCE PROGRAM RENEWAL - EFFECTIVE JANUARY 1, 2010

    Deputy Mayor Archer moved to approve the Municipal Insurance Program Renewal effective January 1, 2010 per letter of December 9, 2009 from George W. Fisk, CIP CAIB, Huestis Commercial Insurance.

    Seconded by Councillor Murphy.  Carried.
24.
DEVELOPMENT OFFICER’S REPORT OF DECEMBER 9, 2009 RE:  2010 EXCAVATION PERMIT - KEEL CONSTRUCTION LTD., BALLENTINE PIT, PID NOS. 00093088, 00227546, 00227595, 30042899
1. Councillor Day moved to 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 2010 Excavation Permit for excavation of material from Ballentine Pit, lands identified by PID  Nos. 00093088, 00227546, 00227595, 30042899 and,
2. further moved to approve the Bond of Indemnity Bond #HM0003001013, Endorsement #15, 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 2010 Excavation Permit, being effective from December 31, 2009 to December 31, 2011 inclusive and,
3. further moved to approve conditions for the operation of the 2010 Excavation Permit as set out in section 16.9 of the Town’s Zoning By-law No. 112, 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 condition.

    Seconded by Deputy Mayor Archer.  Carried.
25. DEVELOPMENT OFFICER’S REPORT OF DECEMBER 11, 2009 RE:  DEVELOPER’S SUBDIVISION AGREEMENT, CHESTNUT HILL ESTATES SUBDIVISION, PHASE 1, INTERIM SECURITY RELEASE

    Councillor McGowan moved to accept the recommendations from Dillon Consulting Limited acting as the Town Engineer dated December 11, 2009, to accept the request to reduce the required performance security to $28,840.00 for the remaining work to be completed under the Developer’s Subdivision Agreement, Chestnut Hill Estates Subdivision, Phase 1.

    Seconded by Deputy Mayor Archer.  Carried.
26. LETTER OF DECEMBER 7, 2009 FROM GODFREY ASSOCIATES LTD. RE:  NEW SALT SHED, SHANNON ROAD, PROJECT NO. 010-147, CERTIFICATE NO. 2 - COMPLETION CERTIFICATE

    Deputy Mayor Archer moved to approve payment of Final Completion Certificate No. 2 to Castle Rock Construction Services in the amount of $97,200.11 per letter of December 7, 2009 from Godfrey Associates Ltd. Re:  New Salt Shed, Shannon Road, Project No. 010-147.

    Seconded by Councillor Murphy.  Carried.
26a VOLUNTEER FIRE DEPARTMENT FOOD DRIVE

Council congratulated the Volunteer/Fire Rescue Department for the  time and effort on the recent Food Drive and thank the residents of Grand Bay-Westfield for their support in making the Food Drive such a success.
27.
ADJOURNMENT

    Councillor McGowan moved adjournment.

    Seconded by Councillor Calvin.  Carried.

    Time:  8:06 pm

    Respectfully submitted,

Sandra Gautreau Grace Losier
Town Manager/Clerk Mayor

Marcia Mason
Assistant Clerk