Town of Bishop’s Falls

Public Council Meeting No. 1245

July 2, 2009 at 8:30 pm

Council Chambers

Minutes

Mayor J. Fancey called the meeting to order at 9:00 pm on July 2, 2009 and presided with the following individuals in attendance:

Deputy Mayor J. Budgell

Councillor N. Stewart

Councillor H. Sutton

Councillor D. Tremblett

Councillor B. Saunders

Councillor A. Hynes

Randy Drover, Town Clerk/Interim Manager

Item 1: Adoption of the Agenda

Motion 297/2009 – Councillor B. Saunders/Deputy Mayor J. Budgell

To adopt the agenda as presented.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

Item 2: Adoption of Minutes for Public Council Meeting No. 1243

Motion 298/2009 – Councillor B. Saunders/Councillor H. Sutton


To adopt the minutes for Public Council Meeting No. 1243 as presented.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

Item 3: Adoption of Minutes for Public Council Meeting No. 1244

Motion 299/2009 – Deputy Mayor J. Budgell/Councillor H. Sutton

To adopt the minutes for Public Council Meeting No. 1244 as presented.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

Item 4: Standing Committee Reports and Recommendations

4.1 Community Relations Standing Committee Meeting No. 10 (June 15, 2009)

4.1.1 Chairperson’s Report

Councillor A. Hynes, Chairperson, presented the following report:

“Madame Mayor, the Community Relations Standing Committee held a special meeting on June 15, 2009 to plan for the 2009 Memorial Day Ceremonies. I am happy to report that, with the cooperation of many service groups, the event has been planned. Madame Mayor, I now submit this report for Council’s consideration.”

Motion 300/2009 – Councillor A. Hynes/Councillor B. Saunders

To adopt the report for Community Relations Standing Committee meeting no. 10 as presented.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

4.2 Community Relations Standing Committee Meeting No. 11 (July 2, 2009)

4.2.1 Chairperson’s Report

Councillor A. Hynes, Chairperson, made the following statement:

“Madame Mayor, in accordance with motion 241/2009, the Community Relations Standing Committee sat in the Committee of the Whole on July 2, 2009 to conduct its regular business. As such, there is no formal report to be made. The business of the Committee will be brought forward in the form of recommendations later on the agenda.”

4.2.2 Recommendations

Motion 301/2009 – Councillor A. Hynes/Deputy Mayor J. Budgell

That Council approves the Bishop’s Falls Fire Department’s request dated June 23, 2009 to tender the sale of Unit #4 and to utilize the proceeds for the purchase of a new Rescue/Service Unit.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

Motion 302/2009 – Councillor A. Hynes/Deputy Mayor J. Budgell

That the Centennial Committee Terms of Reference shall be amended by adding subsection 6.3 to Section 6.0 that shall read as follows: “Quorum shall be reached when 1/3 of the those individuals listed in subsection 2.2 are present”.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

4.3 Recreation Standing Committee Meeting No. 215 (July 2, 2009)

4.3.1 Chairperson’s Report

Councillor N. Stewart, Chairperson, made the following statement:

“Madame Mayor, in accordance with motion 241/2009, the Recreation Standing Committee sat in the Committee of the Whole on July 2, 2009 to conduct its regular business. As such, there is no formal report to be made. The business of the Committee will be brought forward in the form of recommendations later on the agenda.”

4.3.2 Recommendations

Motion 303/2009 – Councillor N. Stewart/Councillor B. Saunders

Whereas the west end playground is in a deplorable condition; and whereas the Town does not have the resources to completed the necessary repairs; and whereas the playground, in its current state, is unsafe for public use; therefore, be it resolved that effective immediately all unsafe equipment shall be removed from the west end playground.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

4.4 Governance Standing Committee Meeting No. 10 (June 25, 2009)

4.4.1 Chairperson’s Report

Councillor D. Tremblett, Chairperson, presented the following report:

“Madame Mayor, the Governance Standing Committee held a special meeting on June 25, 2009 to discuss several items with the Bishop’s Falls Heritage Society. It is been quite some time since we sat with the Society’s executive to discuss their future plans and objectives. Although faced with several challenges, the Society continues to emphasize the importance of the Town’s heritage. The Society has plans to relocate the box cars; however, there are two (2) issues that must be addressed before this is possible. First, the cost to relocate the box cars is estimated to be $20,000 and this is a capital expenditure. It is extremely difficult to obtain government funding because there is no employment justification. Second, if the funding was obtained to move the box cars, the site must be secured otherwise acts of vandalism will continue to occur. Councillor Saunders agreed to help the Society with the funding by requesting the assistance of MP Simms. We have decided to meet with the Society again in September. The Society also requested a grant to assist them with start-up costs for the upcoming season. Madame Mayor, I now submit this report for Council’s consideration.”

Motion 304/2009 – Councillor D. Tremblett/Councillor A. Hynes

To adopt the report for Governance Standing Committee meeting no. 10 as presented.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

4.4.2 Recommendations

Motion 305/2009 – Councillor D. Tremblett/Councillor B. Saunders

That Council approves a $1,000 grant to the Heritage Society for 2009 start-up cost.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

4.5 Governance Standing Committee Meeting No. 11 (July 2, 2009)

4.5.1 Chairperson’s Report

Councillor D. Tremblett, Chairperson, made the following statement:

“Madame Mayor, in accordance with motion 241/2009, the Governance Standing Committee sat in the Committee of the Whole on July 2, 2009 to conduct its regular business. As such, there is no formal report to be made. The business of the Committee will be brought forward in the form of recommendations later on the agenda.”

4.5.2 Recommendations

Motion 306/2009 – Councillor D. Tremblett/Councillor N. Stewart

That Council approves an expenditure of $2,850 to engage Pinchin LeBlanc Environmental to complete a comprehensive workplace asbestos assessment at the Town Hall.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

Motion 307/2009 – Councillor D. Tremblett/Councillor N. Stewart

That Fiesta Mexicana Inc. is exempt from business taxes for the fiscal years 2007 and 2008 in accordance with the Economic Development Municipal Tax Incentive Regulations.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

Motion 308/2009 – Councillor D. Tremblett/Councillor B. Saunders

That invoice number 6435 from Design Management Group totalling $9,427.34 is approved for payment, but such payment shall not be issued until the Town has secured a loan for its portion of the project.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

Motion 309/2009 – Councillor D. Tremblett/Deputy Mayor J. Budgell

Whereas the Hobbs Park road reconstruction project is now estimated to cost $444,071.64; and whereas there is only $252,000 remaining under the gas tax funding; and whereas the Town is not in a position to obtain the additional $192,071.64; therefore, be it resolved that Council shall defer the Hobbs Park road reconstruction project to a later date.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

Motion 310/2009 – Councillor D. Tremblett/Councillor N. Stewart

Whereas the Department of Human Resources, Labour and Employment (HRLE) does not, from time-to-time, pay its clients’ taxes before the applicable deadline(s); and whereas when such an incident occurs interest in applied to those accounts; and whereas this interest will not be collected; therefore, be it resolved that Council authorizes the Accounts Receivable Department to waive such interest provided that;

1.  The resident was a client of HRLE in the previous fiscal year; and

2.  The resident is a client of HRLE in the current fiscal year.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

Motion 311/2009 – Councillor D. Tremblett/Deputy Mayor J. Budgell

That Council approves the transfer of a $1,000 grant from the Provincial Government to the World Cup of Field Ball Organizing Committee.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

Motion 312/2009 – Councillor D. Tremblett/Councillor H. Sutton

That Council approves a $50 donation to the Junior Firefighter’s Closing Banquet that occurred on June 13, 2009.

Yeas: 6 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, and Councillor H. Sutton.

Nays: 1 - Councillor N. Stewart

Abstained: 0

Motion Carried

Motion 313/2009 – Councillor D. Tremblett/Councillor B. Saunders

That Council shall not approve the donation to the Newfoundland Antique Auto Club as requested on June 2, 2009 because of budget limitations.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

Motion 314/2009 – Councillor D. Tremblett/Councillor H. Sutton

To adopt the Cheque Register as of June 26, 2009 as presented.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

Motion 315/2009 – Councillor D. Tremblett/Deputy Mayor J. Budgell

That the AP Transaction Journal as of June 26, 2009, totalling $71,150.01, is approved for payment as presented.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

4.5 Public Works Standing Committee Meeting No. 273 (July 2, 2009)

4.5.1 Chairperson’s Report

Councillor H. Sutton, Chairperson, made the following statement:

“Madame Mayor, in accordance with motion 241/2009, the Public Works Standing Committee sat in the Committee of the Whole on July 2, 2009 to conduct its regular business. As such, there is no formal report to be made. The business of the Committee will be brought forward in the form of recommendations later on the agenda.”

4.5.2 Recommendations

Motion 316/2009 – Councillor H. Sutton/Councillor B. Saunders

That the following development applications are approved for permit:

Applicant / Construction Type / Conditions
Eugene Lane / Residence (48’ x 47’)
Elim Ellis / Extension (8’ x 12’)
Tom Morris / Accessory building (20’ x 20’)
Christa Drover and Terry Ward / Extension (8’ x 8’)
Joel Thompson / Accessory building (18’ x 24’)

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

Motion 317/2009 – Councillor H. Sutton/Deputy Mayor J. Budgell

That Council accepts the bid from Raymond Mullett to purchase the 1987 Ford F700 Single Axle Dump Truck for $515.00.

Yeas: 7 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, Councillor H. Sutton and Councillor N. Stewart.

Nays: 0

Abstained: 0

Motion Carried

***Councillor N. Stewart declared a conflict of interest concerning the next matter and vacated chambers at 9:14 pm***

Motion 318/2009 – Councillor H. Sutton/Deputy Mayor J. Budgell

That Council does not have any objections to the following applications pertaining to cranberry farming: 2.1113.009, 2.1119.0059, 2.1113.0057, and 2.1113.0008.

Yeas: 6 – Mayor J. Fancey, Deputy Mayor J. Budgell, Councillor D. Tremblett, Councillor A. Hynes, Councillor B. Saunders, and Councillor H. Sutton.

Nays: 0

Abstained: 1 – Councillor N. Stewart (conflict of interest)

Motion Carried

***Having addressed the matter, Mayor J. Fancey invited Councillor N. Stewart back into chambers at 9:15 pm***

Motion 319/2009 – Councillor H. Sutton/Councillor B. Saunders

Whereas a resident requested Council’s approval to operate a domestic mill on his/her property on Riverside Drive; and whereas Domestic Mill Licences are issued by the Department of Natural Resources; therefore, be it resolved that Council shall approve the resident’s Domestic Mill Licence Application subject to the following conditions;