Town of Carbonear. Regular Council Meeting, September 17, 2012

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Town of Carbonear Minutes of a regular meeting of the Council of the Town of Carbonear held in Council Chambers, September 17, 2012 at 8:00pm Members Present: Mayor Sam Slade Councillors David Kennedy George Butt Betty Forward Ed Goff Ray Noel Members Absent: Deputy Mayor Ches Ash Also Present: Town Clerk Cathy Somers Director of Operations & Public Works Brian O Grady Director of Recreation & Tourism Rob Button Also Absent: Town Administrator Cynthia Davis 1. Calling of Meeting to Order Mayor Slade called the meeting to order at 8:00pm and welcomed everyone to the meeting. 2. Adoption of Minutes a) September 10, 2012 Motion 12-269 D. Kennedy / E. Goff Resolved that the minutes of the September 10, 2012 Regular meeting of council be adopted as presented. 3. Business Arising From Minutes a) Government of NL, Dept of Municipal Affairs, Eastern Regional Office Change Order Approval for Engineering Service Fees. Town Clerk advised that this Change Order relates to the change in Engineering Services on the Water, Sewer & Street Upgrading for the London Road & Kyle s Hill project for the additional work required for Change Orders 2 and 3. The total increase in engineering fees is $30,865.95 HST Included. Town Clerk reviewed the details of the breakdown of costs for this change order and advised that this change order has been approved by the Department of Municipal Affairs. Motion 12-270 B. Forward / R. Noel Resolved that the Town of Carbonear approve Change Order #1 for the Engineering Services on the Water, Sewer & Street Upgrading for the London Road & Kyle s Hill project totaling $30,865.95 HST Included. b) Parking of Commercial Vehicles Regulations Page 1 of 8

Motion 12-271 D. Kennedy / E. Goff Resolved that the Town of Carbonear approve the revised Parking of Commercial Vehicles Regulations as presented to Council. c) Home Based Business By Laws Motion 12-272 R. Noel / D. Kennedy Resolved that the Town of Carbonear approve the revised Home Based Business By-Law as presented to Council. 4. Delegations 5. Correspondence, Permits & Development The following items were referred to and reviewed by the Development Committee. Any recommendations will be included in the Committee Report: 5 Valley Road - New Dwelling 40 Powell Drive - New business 9 Long s Hill - New Garage 2A Connolly Hill - New Garage Councillor Kennedy presented the following recommendations from the Development Committee: a) List of Permits Issued # 5481-5514 (see attached) Motion 12-273 D. Kennedy / R. Noel Resolved that the Town of Carbonear approve the list of permits 5481-5514 as per the attached list. 45 Long s Hill - Garage Extension Motion 12-274 D. Kennedy / B. Forward Resolved to approve the application for a garage at 45 Long s Hill with an extension to the side of the garage where the extension does not project in front of the main dwelling subject to no objections to the variance published and per the Town of Carbonear Municipal Plan and Development Regulations. 18 Willoughby Drive - Front Patio & Steps Motion 12-275 D. Kennedy / R. Noel Resolved to approve a permit for the construction of a front step at 18 Willoughby Drive where the step runs along the front of the dwelling and projects a minimal distance into the building line setback per application submitted and per the Town of Carbonear Municipal Plan and Development Regulations. 13 Pondside Road - Subdivision of Property Motion 12-276 D. Kennedy / E. Goff Page 2 of 8

Resolved to approve the subdivision of property at 13 Pondside Road with an amendment by the applicant to meet the minimum frontage requirement of 15 m and the minimum lot area of 450 square metres per the Town of Carbonear Municipal Plan and Development Regulations. 3 Bannerman Street - Front Roof Extension and deck Motion 12-277 D. Kennedy / R. Noel Resolved to approve a permit for the replacement of the front step at 3 Bannerman Street with the front step not to exceed the size of the existing step and further resolved to approve the addition of a roof over the front door where the roof is constructed in such a manner where support posts are not required to project into the front of the dwelling per the Town of Carbonear Municipal Plan and Development Regulations. Other items discussed from Development: Council requested the Town Clerk to check with the Executive Assistant to obtain estimates for the Development Conference in Toronto, so that Council can meet and determine who will attend. Council requested the Town Clerk to check with the Town Administrator to determine if she has set up a meeting with the property owner regarding the inquiry about development on Columbus Drive. b) Received but not yet reviewed by Development Committee: 34 Crowdy Street - New Business Application(Cross Fit Body) Department of Natural Resources - Application to operate Quarry 5.1 Correspondence, requiring Council s decision a) Restorative Justice Week 2012 (November 18 - November 25, 2012) Request to sign proclamation Motion 12-278 G. Butt / E. Goff WHEREAS,in the face of crime or conflict, restorative justice offers a philosophy and approach that views these matters principally as harm done to people and relationships; and WHEREAS, restorative justice approaches strive to provide support and opportunities for the voluntary participation and communication between those affected by crime and conflict (victims, offenders, community) to encourage accountability, reparation and a movement towards understanding, feelings of satisfaction, healing and a sense of closure; and WHEREAS, this year's theme for Restorative Justice Week is "Diverse Needs; Unique Responses", it is an opportunity to learn about restorative justice, educate and celebrate along with other communities across the country during the week. THEREFORE, The Town of Carbonear hereby proclaims November 18 - Page 3 of 8

November 25, 2012 as Restorative Justice Week in the Town of Carbonear. b) George Murphy, MHA RE: Pesticide Petition for halt in the use of Tordon 101 as a means of clearing roadside brush from the roadways. Town Clerk read the subject petition and the request for Council s endorsement of the petition. Discussed. Council noted that they were not entirely knowlegeable on this matter, and therefore would not endorse the petition at this time, but instructed the Town Clerk to place the petition in the reception area of the Council Office for the public to sign and then send the signed petition as requested. 5.2 Correspondence received and action taken Council reviewed the following correspondence and action taken: a) NL Public Health Laboratory, Test results of water samples collected on August 27, 2012 @ Dept of Justice and Provincial. Results were marked satisfactory. Placed on file. b) Resident Chapel Hill RE: Request to install waterline Forwarded to Public Works, Waste Management and Community Service Committee 6. Committee Reports a) Development Committee Councillor Kennedy presented the recommendations of the Development Committee earlier in the Correspondence, Permits & Development section of the meeting. 7. Reports of Town Administrator and Department Heads a) Town Administrator Town Clerk advised that the Town Administrator previously distributed a copy of her report to Council. Town Clerk noted that there are a couple of items in the report that she needs a decision from Council on. Bulk Garbage Collection Discussed. Town Administrator to proceed to organize the next Bulk Garbage Collection for the week of November 19-24 as suggested by her. Summer Games PCA Town Clerk advised that a motion of Council is required to approve the Summer Games PCA. The project itself was approved by a previous motion of Council, but there was no motion to approve the PCA as Council was negotiating the PCA with the engineering consultant at the time. Council did come to an agreement with the engineering firm on the PCA but a motion for approval was not obtained. Motion 12-279 B. Forward / G. Butt Resolved that the Town of Carbonear accept the Prime Consultant Agreement Page 4 of 8

with Harris and Associations for the Upgrade to the sports facilities at the Recreation Complex for the 2012 Newfoundland and Labrador Summer Games for a total service fee of $46,822 including HST. Councillor Kennedy asked if a meeting has been set up to investigate the plans for the track that was constructed in 1992 and the plans for the improvements to the track for 2012. Discussed. Town Clerk to check with the Town Administrator to determine if that meeting time has been set. Mayor Slade asked Councillor Goff to report on the Sam Jeffers Ride. Councillor Goff advised that on Saturday there was about 38 motorcycles and riders from the Newfound Riders Motorcycle Group here at the Community Centre to participate in a motorcycle ride in memory of RNC Constable Sam Jeffers who came from Freshwater, Carbonear. They plan to do the ride on a yearly basis. They have a peace monument erected in St. John s and are considering placing another monument here in the area sometime in the future. The group was very appreciate of the reception that Council provided for them. b) Director of Recreation and Tourism Director of Recreation and Tourism reviewed the following items of his report with Council. Pool Facility Operation & Maintenance 1.) Facility Maintenance Items of Concern: - Deck resurfacing has been completed as per our request of contractor. Surface is much better and newly surfaced areas are blending well with rest of deck. - Now that the deck is satisfactory and an amount of curing time has taken place, diving board and slide will be replaced this week. - Problem with one of the electric heaters (leaking). I have contacted the contractors of pool project (Air Tite) and expecting a visit from them in the next couple of days. I will stay on top of this and ensure problem is solved as heaters are still in warranty period. Goff Document in writing - New Pool vacuum is still not fixed. The rep and I have been playing phone tag, my last call to him indicated that he is out of the th office until the 24. I will ensure that this item is also taken care of as the warranty period is still in effect. Discussed Director of Recreation and Tourism to prepare written correspondence to manufacturer on any warranty issues. Page 5 of 8

Pool Financial Report Yearly Comparison to Date 2010 2012 Revenue 175,684.20 185,940.77 Pool Visitation 26,551 23,660 Lesson Registration 1,305 1,633 Recreation/Special Events Activity Report 1.) As all are aware, the 2012 NL Summer Games was a tremendous success. I have thanked and congratulated all staff that played a role in delivering the games. Their hard work and dedication to this event was well above the call of duty. 2.) Currently working on final reports from summer program and projects. My goal is to have them completed by weeks end for submission early next week. Parks, Playgrounds & Recreation Complex 1.) All parks, playgrounds, green spaces and play fields have been well maintained. Staff is currently working on maintaining the sports complex for school usage and the beginning stages of winterization for the year. Playground equipment will be removed by the end of October as is done annually. Councillor Goff noted that the Relay for Life was a great success. Director of Recreation and Tourism advised that the event raised $81,000. Councillor Goff asked if we could include dates for these types of activities for next year s publications and on the Town s website. Council agreed. Director of Recreation and Tourism to ensure all planned activity dates are included in any Town s brochures for next year and also placed on the Town s website. Councillor Noel noted that various schools use the Town s facilities for various sporting events ad asked if the schools contact the Recreation Director to ensure that the facilities maintenance is completed in time for these events. Director of Recreation and Tourism advised that the schools have already notified him of the dates of their events and he will ensure the appropriate maintenance is done for these events. Mayor Slade noted the problem with the area that connects the running track and the long jump and asked if there is something we can do to solve that problem. Director of Operations and Public Works advised that there are pylons set up in the area there now as a temporary measure. He suggested that we could place washed stone in the dip to level it. Discussed. Council agreed and advised the Director of Operations and Public Works to proceed to have that work completed. Page 6 of 8

Councillor Goff asked about the remaining work to be completed by Provincial Fencing, Tennis Courts 2 upper nets and posts. Director of Recreation and Tourism advised that their work has been completed. Councillor Goff asked about the edging for the track. Director of Recreation and Tourism advised that this area will be cut back and washed stone placed around the edge of the track. Councillor Goff asked about equipment at the Crockers Cove Playground that has to be repaired. Director of Recreation and Tourism will check on all equipment that has to be repaired. Councillor Goff noted that the Crockers Cove playground needs nets installed on the basketball hoops. Councillor Forward noted that a new sign is needed for that playground as well. Director of Recreation and Tourism will arrange to have this work completed. 8. Finance a) Operating Invoices over $1,000.00 totaling $84,671.95 (attached) Motion 12-280 G. Butt / R. Noel Resolved that the Town of Carbonear approve for payment the list of operating invoices totaling $84,671.95 as presented to Council. 9. Regulations 10. General Business Mayor Slade noted the following items: Asphalt Swale - Penney s Lane Noted that this needs to be replaced. Discussed. Works Committee to review again for recommendation to Council. Curb on Rusted Place Director of Operations and Public Works advised that he met with the property owner at the location and discussed the work that will be completed: clean up end of street, spread stone and replace asphalt swale. Consideration for the construction of turn around would be reviewed by the Works Committee. Councillor Noel noted the following items: Councillor Noel noted that there is a big discrepancy between the amount of the invoices for Legal fees and the amount of fees that are collected from those that are taken to court for non-compliance with Council s Orders. He noted that Council should review this matter so that this process does not place the cost of Page 7 of 8

this process on to all taxpayers, and to bring the fines incurred more in line with the legal cost for such action. Deferred for further consideration by the Public Works Committee. Councillor Noel suggested that the Heritage Committee and the school administration are working on a possible partnership that would allow students to obtain volunteer hours in working to keep the heritage buildings open for tours after the summer season. Further details to be discussed on the matter and he will provide an update on the matter to Council later in the process as details become available. Councillor Kennedy noted the following. Hr. Authority is requesting Council to place stone on back of building to help with site improvements where the building was torn down. Discussed. Deferred for review by the Public Works Committee. Targa Event How will the Town progress in the next few years in regards to the Targa Event, and determine what remains of the Town s commitment to Targa. Deferred for further discussion in a privileged meeting of Council. Councillor Goff noted the following: Community Gardens project was a great success this year. The Committee is planning on expanding the project next year. Councillor Butt noted that there will be a CBN Joint Councils Meeting next Thursday in Spaniard s Bay at 7:30pm and there will be a representative from Eastern Waste Management present at that meeting to discuss the Committee s concerns relating to Waste Management in the area. 11. Notices of Motion 12. Adjournment Motion 12-281 G. Butt / R. Noel Resolved to adjourn the meeting at 8:59 to meet again on October 1, 2012 at 7:30 pm. Mayor Sam Slade Cathy Somers, Town Clerk Page 8 of 8