MINUTES OF THE REGULAR COUNCIL MEETING HELD ON APRIL 4, 2016

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1 Present were: Regrets: Also present: Regrets: Also present: 1. Call to Order MINUTES OF THE REGULAR COUNCIL MEETING HELD ON APRIL 4, 2016 Deputy Mayor Al Spencer Councillor Mary Beth Farrell Councillor Ruby Hoskins Councillor Darlene LaFosse-Blagdon Councillor Leonard Pittman Councillor Lisa Slaney Mayor Sam Synard Ben Letemplier, Director of Operations & Public Works Alje Mitchell, Director of Planning & Development Control Robert Warr, Director of Recreation & Community Services Mike Walsh, Deputy Clerk Petrina Power, Executive Clerk Dennis Kelly, Chief Administrative Officer Barbara Walsh, Director of Finance & Administration Paul Herridge, The Southern Gazette Deputy Mayor Spencer called the meeting to order at 7:04 p.m. and welcomed everyone present. 2. Adoption of Agenda Deputy Mayor Spencer advised that an item had been inadvertently omitted from the agenda. MMC /001R Moved by Councillor Pittman, seconded by Councillor Slaney BE IT RESOLVED the agenda be adopted with the addition of the Minutes of the Special Council Meeting held on March 20, Adoption of Minutes, March 15, 2016 MMC /002R Moved by Councillor Farrell, seconded by Councillor Hoskins BE IT RESOLVED the minutes of the held on March 15, 2016, be adopted. 1

2 Special Council Meeting, March 20, 2015 MMC /003R Moved by Councillor Farrell, seconded by Councillor Pittman BE IT RESOLVED the minutes of the Special Council Meeting held on March 20, 2016, be adopted. Privileged Council Meeting, March 20, 2016 MMC /004R Moved by Councillor Hoskins, seconded by Councillor LaFosse-Blagdon BE IT RESOLVED the minutes of the Privileged Council Meeting held on March 20, 2016, be adopted. Privileged Council Meeting, February 1, 2016 Councillor Slaney declared a conflict of interest for the next item as the subject of discussion relates to her. Councillor Slaney removed herself from the Council Chambers. Councillor LaFosse-Blagdon advised of an error in the minutes of the Privileged Council Meeting of February 1, 2016, as they related to a harassment claim by an employee against Councillor Slaney. The minutes indicate that the employee had filed the claim for incidents that occurred on January 12, 2016, and January 18, 2016, wherein it was suggested the employee not perform tasks assigned as per the employee s job description. Councillor LaFosse-Blagdon advised that the employee was asked not to perform duties on January 12, 2016, only. The minutes will be corrected to reflect same. MMC /005R Moved by Councillor LaFosse-Blagdon, seconded by Councillor Pittman BE IT RESOLVED the minutes of the Privileged Council Meeting held on February 1, 2016, be adopted with the noted correction. carried without the vote of Councillor Slaney who was in a declared conflict of interest. 2

3 Privileged Council Meeting, January 28, 2016 MMC /006R Moved by Councillor Farrell, seconded by Councillor Slaney BE IT RESOLVED the minutes of the Privileged Council Meeting held on January 28, 2016, be adopted. 4. Business Arising from Regular Meeting There was no business to bring forward from the of March 15, Delegations There were no scheduled delegations. 6. Committee Reports Planning & Development Committee Councillor Slaney reviewed the minutes of the Planning & Development Committee meeting held on March 31, MMC /007R Moved by Councillor Slaney, seconded by Councillor Farrell BE IT RESOLVED that a request from a resident to amend a parcel of land at Garnish Pond upon which there is an existing season residence from a Crown Land lease to a Crown Grant be approved, subject to Crown Lands. Discussion While Council had no issue with the proposed amendment, it was noted that Crown Land is supposed to have access by a proper road. There was concern that Council would be responsible for what is more of a trail should Crown Lands designate the access as a road. The Director of Planning & Development Control will make note on the Municipal Recommendation Form that the access in question is not considered a proper road by Council. 3

4 MMC /008R Moved by Councillor Slaney, seconded by Councillor Pittman BE IT RESOLVED that an application received from Cathy Power to operate a mobile Cleaning business in Jean de Baie be approved. MMC /009R Moved by Councillor Slaney, seconded by Councillor Farrell BE IT RESOLVED the following applications be approved subject to approval of applicable government departments and/or agencies and any conditions stipulated: Resident, 182 Marine Drive construct accessory building measuring 12 x 16, subject to site inspection Resident, 294 Marine Drive add extension (porch) measuring 8 x 14 to an existing residence, subject to site inspection Resident, 37 Greenwood Street replace/repair existing fence and erect extension to fence at rear of property, subject to site inspection MMC /0010R Moved by Councillor Slaney, seconded by Councillor Pittman BE IT RESOLVED approval be given for the Director of Planning & Development Control to provide the Department of Municipal Affairs with a septic system design and survey of a parcel of land on McGettigan Boulevard with respect to Application No for the purpose of a Municipal Depot, salt shed and materials storage yard. It was noted that Council is applying for the land in question should the decision be made at some point in the future to relocate the Town s Municipal Depot, salt shed and materials storage yard. 4

5 MMC /011R Moved by Councillor Slaney, seconded by Councillor Pittman BE IT RESOLVED approval be given for the Director of Planning & Development Control to attend the 44th Annual Professional Municipal Administrators Convention and Trade Show taking place April 20-22, 2016 in St. John s, NL, as per the 2016 Budget. MMC /012R BE IT RESOLVED approval be given, as per a Municipal Review recommendation received from the Department of Municipal Affairs, that the Town discontinue charging a Municipal Recommendation Form Fee for Crown Land Applications. Councillor Pittman declared a conflict of interest for the next item as he is the owner of the property in question. Councillor Pittman removed himself from the Council Chambers. MMC /013R Moved by Councillor Hoskins, seconded by Councillor LaFosse-Blagdon BE IT RESOLVED that as per the authority of Section 404(3) of the Municipalities Act, 1999, Council revoke the Order dated February 2, 2016, that was issued to the owner of property located at Ville Marie Drive as an extension until June 1 st, 2016, to August 31, 2016, was granted to the property owner for the restoration or removal of the commercial building located on the property. carried without the vote of Councillor Pittman who was in a declared conflict of interest. Councillor Pittman was also in a conflict of interest for the next item as a member of his family is employed by the company in question. Councillor Pittman remained outside the Council Chambers. 5

6 MMC /014R Moved by Councillor Hoskins, seconded by Councillor LaFosse-Blagdon BE IT RESOLVED approval be given to engage the services of CAP Management Services as it relates to engineering services for the Water Street East, Stapleton s Road and the Tennis Courts projects, subject to signage of the necessary Prime Consultant Agreements for the projects. Rescinded from motion at the Regular Council Meeting of January 23, 2018 Discussion Deputy Mayor Spencer turned the Chair over to Councillor Slaney so he could speak on the Tennis Courts. Deputy Mayor Spencer advised that the tennis courts should be made a priority as Council promised to replace them when they were removed to make way for the construction of the Recreation Complex. Deputy Mayor Spencer resumed his position as Chair of the meeting. carried without the vote of Councillor Pittman who was in a declared conflict of interest. Councillor Pittman returned to the Council Chambers. Finance Committee As Deputy Mayor Spencer was chairing the meeting, Councillor Slaney reviewed the minutes of the Finance Committee meeting held on March 31, MMC /015R BE IT RESOLVED approval be given to pay Invoice No. 305 as received from Information Brokerage Ltd. dated March 14/16 in the amount of $3, including HST for GIS Data Collection and Entry Services as it relates to the Regional Asset Management System (RAMS) for the period February 1-29, 2016, with $ in funds coming from Gas Tax Funding and $2, coming from the GST Rebate. MMC /016R Moved by Councillor Slaney, seconded by Councillor LaFosse-Blagdon BE IT RESOLVED approval be given to adjust the Marystown Lions Club s 2015 municipal taxes for business, property, water and sewer in the amount of $4, plus any accrued interest applied. 6

7 MMC /017R BE IT RESOLVED approval be given to make a donation in the amount of $2, to the Kinsmen Manor for Seniors Inc. in lieu of payment from them for snow clearing and garbage collection services, as in previous years. MMC /018R Moved by Councillor Slaney, seconded by Councillor Pittman BE IT RESOLVED approval be given to support the Southern Classics Antique Car Show taking place on June 18 th and 19 th, 2016, with a donation in the amount of $125.00, as has been done in previous years. MMC /019R Moved by Councillor Slaney, seconded by Councillor Farrell BE IT RESOLVED approval be given for the Acting Chief Administrative Officer, the Director of Finance & Administration and the Executive Clerk to attend the 44 th Annual Professional Municipal Administrators Convention and Trade Show taking place April 20-22, 2016, in St. John s, NL, as per 2016 Budget. MMC /020R Moved by Councillor Slaney, seconded by Councillor Farrell BE IT RESOLVED approval be given to purchase a full-page ad in the Kinette Annual Spring Zone Meeting booklet at a cost of $

8 MMC /021R BE IT RESOLVED approval be given to accept the tender bid as submitted by Nortech Construction Co. Ltd. for the 2015 Street Improvements Project, DMA No. 17-MYCW , under the Multi-Year Capital Works Program, in the amount of $1,242, including HST, as per approval of the Department of Municipal Affairs. MMC /022R Moved by Councillor Slaney, seconded by Councillor Farrell BE IT RESOLVED approval be given to accept the tender bid as submitted by Mallay s Industrial Services Ltd. for the Greenwood Street West Water & Sewer Extension Project, DMA No. 17-MYCW , under the Multi-Year Capital Works Program, in the amount of $84, including HST, as per approval from the Department of Municipal Affairs. MMC /023R BE IT RESOLVED Council ratify Tax Adjustment Listing No. 5-1 in the amount of $4,278.43, as per policy. MMC /024R BE IT RESOLVED Council approve Tax Remissions Listing No. 5-2 in the amount of $600.00, as per policy. 8

9 MMC /025R Moved by Councillor Slaney, seconded by Councillor Farrell BE IT RESOLVED Council approve Accounts Payable Report No. 8-1 for December 2015 in the amount of $449, MMC /026R Moved by Councillor Slaney, seconded by Councillor LaFosse-Blagdon BE IT RESOLVED Council approve Accounts Payable Listing No. 8-2 due as of March 31, 2016 in the amount of $226, MMC /027R Moved by Councillor Slaney, seconded by Councillor LaFosse-Blagdon BE IT RESOLVED Council approve Accounts Payable Listing No. 8-3 due as of April 8, 2016 in the amount of $35, MMC /028R Moved by Councillor Slaney, seconded by Councillor LaFosse-Blagdon BE IT RESOLVED approval be given to engage the services of Mr. Glen Picco as the Town s Assessment Commissioner at a cost of $ including HST per hour. MMC /029R BE IT RESOLVED Council approve Change Order No. 33 dated March 24, 2016, as received from Lat49 Architecture Inc. for the Marystown Recreation Complex in the credited amount of $13, including HST to remove the entire signage contract from Pomerleau Inc. s contract and that the contract with FastSigns be taken over directly by the Town of Marystown. 9

10 MMC /030R BE IT RESOLVED approval be given to accept the Gas Tax Audit as received from BDO Canada LLP for the year ended December 31, 2015; and BE IT FURTHER RESOLVED approval be given for Deputy Mayor Spencer to sign the Gas Tax Audit as received from BDO Canada LLP for the year ended December 31, MMC /031R BE IT RESOLVED approval be given for an increase in the rate of pay for Management/non-Management and non-bargaining unit staff to coincide with the increase in the rate of pay approved for union staff for the third year (2016) of the agreement as per the Collective Agreement between the Town of Marystown and CUPE Local 1896 with a 3.0% increase for 2016, with the understanding that the increase will be retroactive to January 1, Public Works Committee Councillor Pittman advised that the Public Works Committee met on March 30, As there were no recommendations to come forward, Councillor Pittman tabled the minutes for information purposes. Councillor Pittman advised that during the meeting, CAP Management Services gave a presentation outlining the engineering services they could provide to the Town. Councillor Pittman advised that due to a conflict of interest, he can t be involved in awarding any work to the company but did want to recognize and appreciate the past service, through another company, of one of the employees of CAP Management Services, who is very familiar with the Town s infrastructure issues. Recreation Complex Committee Councillor Farrell advised that there are issues with the steam room at the Recreation Complex. The Director of Recreation & Community Services advised that this item will be addressed in the very near future. It was also noted that there is an issue with the waterslide for the leisure pool. The contractor has to return and fix how the base of the slide is attached to the floor. An access to the complex was constructed off Harris Drive last year. Follow-up will be made to review the contract with the contractor regarding compaction of the dirt road, which is now very soft. 10

11 Recreation Committee Councillor Farrell advised that the Recreation Committee has not met since the last Regular Council Meeting of March 15, The minor hockey season is over. Councillor Farrell thanked the parents, coaches, players and volunteers for a great season. A Thank You letter will be forwarded to the Minor Hockey Association for their conduct in ensuring another successful season. As well, the season is over for the Ice Crystals Figure Skating Club, who finished out the season with a final skating show with guest skater Elvis Stojko. A letter will also be sent to the Club thanking them for participating in a successful season. Councillor Farrell addressed the members of the Planning & Development Committee, reiterating Deputy Mayor Spencer s comments that the reconstruction of a second tennis court needs to be a priority this year. Volunteer Appreciation Week runs from April 10 th to 16 th. The Town and the Recreation Committee will partner to host Volunteer Appreciation Night at 7:00 p.m. on April 12, 2016, at the Marystown Lions Club. Invitations have been sent out to various volunteer organizations. This item will be advertised on the Town s Facebook Page and website. The Town is registered for RNL s Find Your Fit Community Physical Activity Challenge taking place April 1 st to 30 th. The challenge is out there for residents to get more active and get more fit and send their pictures along to the Town to post online for a chance to win one of several prizes. The Director of Recreation & Community Services advised that the ice will soon come off at the Kaetlyn Osmond Arena and the focus will turn to getting the outdoor facilities ready for the summer season. The Director of Recreation & Community Services thanked the recreation employees for a great winter season. Councillor Slaney requested an update on the status the pending dog park. The Director of Recreation & Community Services advised that the Committee is interested in meeting with Council again and enlisting their help in establishing the park. Councillor Slaney asked that the Director of Recreation & Community Services follow up on the feasibility of putting the ice on at the Kaetlyn Osmond Arena earlier in the season (August) in order to host hockey camps and reduce the need for parents and athletes to travel off the peninsula for training. Councillor Hoskins requested an update on the status of the wrap for the new Zamboni. The Director of Recreation & Community Services advised that a proposal was put together and advertised but the response was not as expected. A value has been attached to the wrap given the advertising opportunities and exposure attached to the wrap. It s anticipated that there will be a wrap in place by the start of the new ice season. Councillor Pittman advised he has been approached by several residents with the question as to when a new arena will be constructed. Councillor Pittman noted that our previous MHA/Minister advised that there is no funding for a new arena, especially given current financial restraints within the provincial government, and that he had recommended a renovation 11

12 of the current arena. As Council had not discussed a new arena, Councillor Pittman questioned why residents were asking for a status update. It was noted that at the Grand Opening of the Marystown YMCA, Mayor Synard had suggested Council would begin the process of applying for funding for a new arena, given the lengthy process involved in acquiring a new pool. However, Councillor Pittman noted that with the current operating deficit of the pool, a new arena is not feasible at this time. Tourism & Special Events Committee Councillor LaFosse-Blagdon advised that the Tourism & Special Events Committee met on March 14, 2016, and items from the meeting were brought forward at the Regular Council Meeting of March 15, Councillor LaFosse-Blagdon advised that plans are ongoing for this year s Canada Day Big Bash. It was noted that there will be no advance ticket sales and tickets will only be sold at the door. Protection to Persons & Property Committee Councillor Hoskins reviewed the minutes of the Protection to Persons and Property Committee meeting held on March 30, On behalf of Council, Councillor Hoskins apologized to the groups that were affected by the decision to not fly the Christian flag during Easter Week. It was felt at the time that with the concerns raised, there was not enough time to discuss those concerns and become educated on the subject. Council will meet with the clergy and involved groups to discuss the issue. A policy will be drafted that will outline what flags will be permitted to fly on the Town s courtesy flag pole. MMC /032R Moved by Councillor Hoskins, seconded by Councillor Pittman BE IT RESOLVED that the following motion approved at the of March 15, 2016, be rescinded: MMC /045R Moved by Councillor Pittman, seconded by Councillor Slaney BE IT RESOLVED approval be given for the Town to fly the Christian Flag during Easter Week commencing on Thursday, March 24,

13 MMC /033R Moved by Councillor Hoskins, seconded by Councillor Slaney BE IT RESOLVED approval be given for Fire Chief Coady and an additional member of the Safety Committee to attend the 2016 NL Occupational Health and Safety Annual Conference & Trade Show taking place May 18 to 20, 2016, in Gander, NL, at a registration cost of $ including HST. 7. Correspondence There was no correspondence to bring forward. 8. Approvals to Purchase MMC /034R Moved by Councillor Slaney, seconded by Councillor Pittman BE IT RESOLVED approval be given to the Fire Department for the following purchases: Acklands Grainger Chlorine Gas Detector $4, including HST with funds to be reimbursed by FES-NL as per the HazMat Trailer Equipment Replacement Agreement EnviroMed Detection Services - One EMMAB3-A2C112E-4M2 Multi Rae Lite Gas Detector - $5, including HST with funds to be reimbursed by FES-NL as per the HazMat Trailer Equipment Replacement Agreement K&D Pratt Ltd. - Eight Level A Chemical Suits - $9, including HST with funds to be reimbursed by FES-NL as per the HazMat Trailer Equipment Replacement Agreement. MMC /035R BE IT RESOLVED approval be given to the Fire Department for the following purchase: Royal Garage Ltd. 3,000 Watt Honda Generator $2, including HST with funds to come from Fundraising Account. Councillor Pittman advised the public that they are welcome to visit the Fire Hall to view the equipment that is housed there, a lot of which was paid for through fundraising by the volunteer firefighters. 13

14 9. Regulations There were no Regulations to bring forward. 10. Other Business Councillor Slaney requested an update on the broadcasting of the public meetings that item is still in progress. Councillor Pittman advised he spoke with an official of Grieg Seafarms NL Ltd. regarding inquiries from residents on employment opportunities with the company. Councillor Pittman advised that while the company is still waiting on the results of an environmental assessment before they can start construction in the Marine Industrial Park, interested applicants can drop off a resume to their local office on McGettigan Boulevard. Councillor Pittman advised he will follow up on the various jobs/trades that will be available. Deputy Mayor Spencer advised that he attended the Burin Peninsula Joint Council meeting on March 30 th. He noted there was a presentation by the FFAW/Unifor and a Terms of Reference was put together for a new committee tasked with recruiting and retaining primary health care professionals to the area. This information will be forwarded to Council. 11. Notices of At the of February 16, 2016, Councillor Pittman put forth a Notice of to adopt the minutes of the Privileged Council Meeting of March 2, As there were no legal issues with adopting them nor any issues as per the Access to information and Protection of Privacy Act except for the removal of the names of private individuals, Councillor Pittman recommended their adoption. MMC /036R Moved by Councillor Pittman, seconded by Councillor LaFosse-Blagdon BE IT RESOLVED approval be given to adopt the minutes of the Privileged Council Meeting held on March 2, 2015, with the understanding that the names of all individuals except elected officials are to be removed. 14

15 12. Adjournment MMC /037R Moved by Councillor Slaney, seconded by Councillor Pittman BE IT RESOLVED the meeting was adjourned at 8:00 p.m. Al Spencer Deputy Mayor Mike Walsh A/Chief Administrative Officer 15

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