June 22, 2009 Minutes
1..... CALL TO ORDER - 7:40 PM

    The Town of Grand Bay-Westfield Council met in a Regular Session on Monday, June 22, 2009 with Mayor Losier presiding.

2. RECORD OF ATTENDANCE

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

Councillor Day moved to pay Councillor Murphy in her absence.

Seconded by Councillor McGowan.  Carried.

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

Councillor Day moved to add item 26.a Sanitary Sewer Force Main Tender Award to the agenda.

Seconded by Deputy Mayor Archer.  Carried Unanimously.

4. DISCLOSURE OF CONFLICT OF INTEREST

    None

5. PUBLIC HEARINGS

None

6. PUBLIC PRESENTATIONS

6.1 PRESENTATION BY THE GRAND BAY-WESTFIELD VOLUNTEER FIRE/RESCUE DEPARTMENT RE:  FIREFIGHTER AWARDS

Mayor Losier and Fire Chief McCoy in conjunction with MLA Jack Keir presented Years of Services Awards, Provincial Firefighter Qualification Awards, Completion Certificates for New Member Training Program for 2008, Completion Certificates for New Member Training Program for 2009, Rookie of the Year Award for 2008, and Firefighter of the Year Award for 2008 to members of the Grand Bay-Westfield Volunteer Fire/Rescue Department.

7. MINUTES

7.1 MINUTES OF REGULAR COUNCIL MEETING OF JUNE 8, 2009

Deputy Mayor Archer moved to adopt the minutes of the Regular Council Meeting of June 8, 2009 as presented.

    Seconded by Councillor Day.  Carried.

7.2 MINUTES OF PLANNING ADVISORY COMMITTEE MEETING OF JUNE 1, 2009
   
    Councillor McGowan moved to receive and file the minutes of Planning Advisory Committee Meeting of June 1, 2009.

    Seconded by Deputy Mayor Archer.  Carried.

7.3 MINUTES OF TOURISM COMMITTEE MEETING OF MAY 21, 2009

Deputy Mayor Archer moved to receive and file minutes of Tourism Committee Meeting of May 21, 2009.

    Seconded by Councillor Calvin.  Carried.

8. BILLS FOR PAYMENT

Councillor Day moved to pay Bills for Payment in the amount of $223,813.28 and Bills for Ratification in the amount of $47,746.72; Grand Total $271,560.00.

Seconded by Deputy Mayor Archer.  Carried.

9. CONSENT AGENDA

    None

10. BUSINESS ARISING FROM MINUTES

a) Regular Council Meeting Minutes of June 8, 2009

            None

11. DELEGATIONS

    None

12. PETITIONS

    None

13.
BY-LAWS

13.1 FIRST READING BY TITLE OF BY-LAW NO. 113, TOWN OF GRAND BAY-WESTFIELD SUBDIVISION BY-LAW

    Councillor McGowan moved first reading by title of By-law No. 113, Town of Grand Bay-Westfield Subdivision By-law.

    Seconded by Deputy Mayor Archer.  Carried.

By law No. 113 was read by title.

13.2 SECOND READING BY TITLE OF BY-LAW NO. 113, TOWN OF GRAND BAY-WESTFIELD SUBDIVISION BY-LAW

    Councillor McGowan moved second reading by title of By-law No. 113, Town of Grand Bay-Westfield Subdivision By-law.

    Seconded by Deputy Mayor Archer.  Carried.

    By law No. 113 was read by title.

13.3 FIRST READING BY TITLE OF BY-LAW NO. 114, TOWN OF GRAND BAY-WESTFIELD BUILDING BY-LAW

    Deputy Mayor Archer moved first reading by title of By-law No. 114, Town of Grand Bay-Westfield Building By-law.

    Seconded by Councillor Calvin.  Carried.

    By law No. 114 was read by title.

13.4 SECOND READING BY TITLE OF BY-LAW NO. 114, TOWN OF GRAND BAY-WESTFIELD BUILDING BY-LAW

Deputy Mayor Archer moved second reading by title of By-law No. 114, Town of Grand Bay-Westfield Building By-law.

    Seconded by Councillor Calvin.  Carried.

    By law No. 114 was read by title.

14.
NOTICE OF MOTIONS

    None

15. REPORTS

    None

16.
LETTER OF APRIL 20, 2009 FROM GARY J. PITRE, PROGRAM MANAGER JUNIOR ACHIEVEMENT SOUTH-WESTERN NEW BRUNSWICK RE:  THANK YOU FOR SUPPORT

    Deputy Mayor Archer moved to receive and have read the letter of April 20, 2009 from Gary J. Pitre, Program Manager Junior Achievement South-Western New Brunswick Re:  Thank You for Support. 

    Seconded by Councillor Day.  Carried.

17. LETTER RECEIVED JUNE 3, 2009 FROM AMANDA LEBLANC RE:  CUTTING OF TREES ON PROPERTY/DEVELOPMENT OFFICER’S MEMORANDUM OF JUNE 16, 2009

    Deputy Mayor Archer moved to receive and file letter received June 3, 2009 from Amanda LeBlanc Re:  Cutting of Trees on Property/Development Officer’s Memorandum of June 16, 2009.

    Seconded by Councillor Calvin.  Carried.

18. LETTER OF MAY 26, 2009 FROM CLAYTON ROGERS, P. ENG., GODFREY ASSOCIATES LTD. RE:  SIDEWALK PANEL REPLACEMENT, NEREPIS ROAD (RTE. 177) PROJECT NO. 010-139, CERTIFICATE NO. 1, COMPLETION CERTIFICATE

    Councillor Day moved to pay Maguire Excavating $21,800.80 Re: Sidewalk Panel Replacement, Nerepis Road (Rte. 177) Project No. 010-139, Certificate No. 1, Completion Certificate.

    Seconded by Deputy Mayor Archer.  Carried.

19. ENTERPRISE SAINT JOHN BOARD VACANCY FOR THE PERIOD JULY 2009 - JUNE 2012

    Deputy Mayor Archer moved to appoint Beth Kelly Hatt as Town of Grand Bay-Westfield Representative on the Enterprise Saint John Board for the period July 2009 - June 2012.

    Seconded by Councillor Day.  Carried.

20. WORKS COMMISSIONER’S REPORT OF JUNE 16, 2009 RE:  MUNICIPAL KILOMETERAGE MAINTENANCE RESPONSIBILITY 2009

    Deputy Mayor Archer moved to authorize signatures on the Municipal Kilometerage Maintenance Responsibility Agreement dated December 2, 2008.

    Seconded by Councillor McGowan.  Carried.

21. TOWN MANAGER’S REPORT OF JUNE 17, 2009 RE:  DEMAND LOAN RE:  COMMERCIAL CORE ROAD

    Councillor McGowan moved to grant authorization for a Demand Loan at the Bank of Nova Scotia, Grand Bay-Westfield Branch subject to Ministerial Approval concerning 2009 General Capital Borrowing Re:  Commercial Core Road Project with the Loan not to exceed $2,000,000.

    Seconded by Deputy Mayor Archer.  Carried.

22.
DEVELOPMENT OFFICER’S REPORT OF JUNE 19, 2009 RE:  FINAL SUBDIVISION APPROVAL, REQUEST FOR PARTIAL COMPLETION TO ESTABLISH BONDING REQUIREMENTS RE:  SUBDIVISION DEVELOPER’S AGREEMENT PANORAMIC ESTATES SUBDIVISION, PHASE 5

    Councillor Day moved to:

1.    accept the recommendation from the Town Engineer dated June 19, 2009 to accept the Certificate of Completion, prepared by ADI Limited as a Partial Completion of the work described as Panoramic Estates Subdivision, Phase 5 forming a partial release of security for the total project, reducing the total required security to a value of $33,300.00

    and further moved:

2.to approve signing authority on the Subdivision Developer’s Agreement for the Final Subdivision Plan, Panoramic Estates Subdivision, Phase 5, Town of Grand Bay-Westfield, Parish of Westfield, Kings County, New Brunswick, as prepared by Kierstead Quigley & Roberts Ltd. and dated May 28, 2009 and under section 56(1) of the Community Planning Act, assent to the Plan for the vesting of public street Maplecrest Drive, prior to Final Approval being granted by the Development Officer, subject to final receipt and final review of contract documents to the satisfaction of the Town Solicitor of all required documents, including outstanding Security and Insurance Certificates and payment of $129.66 (cash, money order, certified cheque or debit).

    Seconded by Deputy Mayor Archer.  Carried.

23. DEVELOPMENT OFFICER’S REPORT OF JUNE 19, 2009 RE:  PANORAMIC ESTATES SUBDIVISION, PHASE 4, FINAL COMPLETION OF THE WORK ESTABLISHING ONE (1) YEAR WARRANTEE PERIOD

    Deputy Mayor Archer moved to accept Final Completion of the work undertaken in Panoramic Estates Subdivision, Phase Four, allowing the Developer to continue to provide security in the amount no less than $ 34,100 to be held for the Warrantee Period established for one (1) year from this date as set out under the Subdivision Developer’s Agreement signed on May 30, 2007.

    Seconded by Councillor McGowan.  Carried.

24. DEVELOPMENT OFFICER’S REPORT OF JUNE 16, 2009 RE:  DEPARTMENT OF TRANSPORTATION, GRUBBING FOR ROUTE 7 RAMPS

    Councillor McGowan moved to  approve signing authority for the use of Town property (PID No. 30070957) for the disposal of grubbing materials from the Department of Transportation Contract to construct the Route 7 highway ramps at Highland Road subject to review of the agreement to the satisfaction of the Town Solicitor, including provision of dust control and any necessary repairs to the gravel road portion of Highland Road due to the heavy truck traffic, provision of an access road into the site from Highland Road, to be cut and prepared at the cost of Debly Enterprises for the use of the fill area and to include any drainage control systems necessary for the use of the access road and a gate to prevent unauthorized entry into the fill area.

    Seconded by Councillor Day.  Carried.

25. MEMORANDUM OF JUNE 16, 2009 FROM PLANNING ADVISORY COMMITTEE RE:  APPLICATION FOR VARIANCE/RECOMMENDATION TO COUNCIL RE:  MALCOLM HAMILTON, 425 NEREPIS ROAD, PID NO. 458687/DEVELOPMENT OFFICER’S REPORT OF JUNE 17, 2009

Councillor Day moved that Council approve signing authority on an Agreement to be registered against the Title of Property located at 425 Nerepis Road, PID No. 458687, between Malcolm & Kimberly Hamilton and the Town of Grand Bay-Westfield for the restricted use of an accessory building.

    Seconded by Deputy Mayor Archer.  Carried.

26. LETTER OF JUNE 4, 2009 FROM HON. JOHN W. FORAN, MINISTER OF PUBLIC SAFETY AND SOLICITOR GENERAL RE:  CHEQUES FOR THE SPRING FLOOD EVENT AND TROPICAL STORM HANNA

    Deputy Mayor Archer moved to receive and file letter of June 4, 2009 from Hon. John W. Foran, Minister of Public Safety and Solicitor General Re:  Cheques for the Spring Flood Event and Tropical Storm Hanna.

    Seconded by Councillor Day.  Carried.

26.a. SANITARY SEWER FORCE MAIN TENDER AWARD

    Councillor Day moved to award the contract for Sanitary Force Main, Inglewood Drive - (Longwood Drive to Epworth Park Road), Grand Bay-Westfield, NB, Project No. 010-145 to H. E. Merchant and Sons Ltd. for $83,700 as low tenderer per recommendation of Godfrey Associates Ltd. dated June 19, 2009 subject to approval of relevant funding by the Municipal Capital Borrowing Board.

    Seconded by Councillor McGowan.  Carried.

27. adjournment

    Councillor McGowan moved adjournment.

    Seconded by Councillor Day.  Carried.

    Time:  8:17 pm

    Respectfully submitted,

Sandra Gautreau
Town Manager/Clerk
Grace Losier
Mayor