July 5, 2010 Minutes - Special Meeting

1..... CALL TO ORDER - 5:15 PM

The Town of Grand Bay-Westfield Council met in a Special Session on Monday July 5, 2010 with Deputy Mayor Archer presiding.

2. RECORD OF ATTENDANCE

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

Councillor Murphy moved to pay Mayor Losier in her absence.

Seconded by Councillor Day.  Carried.*

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

Councillor Day moved to approve the agenda of July 5, 2010 as presented.

Seconded by Councillor McGowan.  Carried.*

4. DISCLOSURE OF CONFLICT OF INTEREST

None

5. LETTER OF MAY 20, 2010 FROM RORY C. PICKARD, P. ENG., DILLON CONSULTING LTD. RE:  STORM SEWER IMPROVEMENTS 2010, INGLEWOOD DRIVE - WOOLASTOOK DRIVE, GRAND BAY-WESTFIELD, NB, PROJECT NO. 10-3270 (GAS TAX) - RECOMMENDATION FOR AWARD OF CONTRACT

Councillor Day moved to award the Tender for Storm Sewer Improvements 2010, Inglewood Drive -Woolastook Drive - Project No. 10-3270 to the low tenderer, Keel Construction Ltd. for the Tender Price of $1,203,721.50 HST included, subject to borrowing approval.

Seconded by Councillor McGowan.  Carried.*

6. DRAFT RESOLUTION RE:  REMOVAL OF MATERIAL FROM COLONEL NASE BLVD. RIGHT OF WAY

Whereas a parcel of land known as Core Collector Parcel 1 situate in the Town of Grand Bay-Westfield (the “Town”) and forming part of Col. Nase Blvd. (the “Blvd.”) in the Town was expropriated from 500607 N.B. Ltd. in April, 2010, Notice of Expropriation having been duly registered in Kings County Records by the number 28670967;

The Town is now in a position to begin preliminary work and the calling of tenders for the purpose of construction of the Blvd. in order that the work can proceed as far as possible during the current construction season;

There is material situate on Parcel 1, including a building on steel beams for transport, vehicles, miscellaneous containers, concrete and steel pipe and other items, all of which is the property of or under the control of 500607 N.B. Ltd., the presence of which prevents the Town from proceeding with preliminary work on Parcel 1;

On June 17, 2010, the Development Officer of the Town caused notice to be delivered to 500607 N.B. Ltd. requiring removal of the above noted material by or before July 5, 2010;

In the event all the said material is not removed, by July 5, 2010, it will become necessary for the Town to immediately proceed to apply to the Court of Queens Bench of New Brunswick for an Order requiring the immediate removal from said Parcel 1 by the owner of the material
or by the Town, as the case may be, after the last mentioned date, the costs for such removal to be paid by 500607 N.B. Ltd. or its assigns;

Councillor Murphy moved authorization for the Town Manager, Staff and/or Town Solicitors to apply for an Order Re:  Removal of Material from Col. Nase Blvd. Right-of-Way as outlined below at any time after


July 5, 2010, to proceed with such application as circumstances require.

Seconded by Councillor McGowan.  Carried.*

7. LETTER OF JUNE 30, 2010 FROM KEN HANNAH, P. ENG., DILLON CONSULTING RE:  ROADWAY CONSTRUCTION PHASE 1, COLONEL NASE BOULEVARD, PROJECT NO. 09-2712B - RECOMMENDATION FOR AWARD OF CONTRACT

Councillor Day moved to award the contract for Roadway Construction Phase I, Colonel Nase Boulevard - Project No. 09-2712B to the low tenderer, A.C.L. Construction Ltd. for the Tender Price of $2,653,690.00 (HST included) subject to regulatory approval.

    Seconded by Councillor Murphy.  Carried.*

8. ADJOURNMENT

Councillor McGowan moved adjournment.

    Seconded by Councillor Day.  Carried.*

    Time:  5:18 pm

    Respectfully submitted,

Sandra Gautreau Grace Losier
Town Manager/Clerk Mayor

*Deputy Mayor Archer voted in favour of the Motion