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town of Quispamsis

Regular Meeting July 15, 2008

A Regular Meeting of the Council of the town of Quispamsis was held on July 15, 2008 at 7:00 p.m. in the council chambers of the Quispamsis Town Hall.

In Attendance:
Mayor Murray Driscoll
Deputy Mayor Emil T. Olsen
Councillor Daryl Bishop
Councillor Gary Clark
Councillor Lisa Loughery
Councillor Gerry Maher
Councillor Pierre Rioux
Councillor Beth Thompson
Losier, Gary; Director of Engineering & Works
McGraw, Jo-Anne, Town Treasurer
Purton Dickson, Dana; Director of Community Services
Snow, Catherine; Town Clerk

Absent:
Brennan, Michael; Town Administrator (vacation)

Moment of Reflection - Councillor Bishop led the meeting in prayer.

Disclosure of Interest - No disclosures were declared.

Public Presentations & Public Hearings:

Public Presentation - Mr. Byron Bartlett - Rezoning Application, 355 Hampton Road - Residential (R1) to Neighbourhood Commercial (NC)- Proposed Sporting Goods & Service Store & Apartment Rental (2nd floor) - Mr. Mel Vincent, Realtor, made representation on behalf of Byron Bartlett requesting that the lands at 355 Hampton Road be rezoned from Residential to Neighbourhood Commercial for the purpose of operating a sporting goods store on the first floor, and retaining the existing use on the second floor of an apartment rental. Mr. Vincent stated his client wishes to move his existing All Sorts for All Sports store from the CIBC Mall to this location. The operation includes skate sharpening and the sale of new and used sporting goods. Mr. Vincent stated that Mr. Bartlett has also purchased the adjacent strip of property, identified as 30220644 which will serve as an added buffer.

MOVED BY Councillor Bishop and seconded by Deputy Mayor Olsen Council refer Mr. Bartlettís rezoning application to the August 19, 2008 Regular meeting to provide the public with the 30 day timeframe following the Public Presentation to submit input. Motion Carried.

Public Hearing - Ken Val United Church Suites Incorporated - Proposed Rezoning Application - Institutional/Residential to Multiple Residential for Affordable Seniors & Disabled Housing - Portion of 372 Hampton Road and 364 Hampton Road (PID No.ís 00478214; 30074926; & 00451559) - Mr. Clifford Delong, Chairman; Mr. Dirk Larooi, Building Committee, and Dr. Patti Forgeron, on behalf of Disabled Persons, spoke on behalf of the Ken Val United Church Suites proposed project that would see the construction of 20 affordable senior and physically disabled accessible apartment units on the above referenced property, approximately 1.47 acres.

Mr. Delong distributed revised plans of the project showing the relocation of the playground to the front of the project, on the corner of the Hampton Road and Phillips Drive, based on discussions with the Director of Community Services.

Dr. Forgeron stated the units for handicapped individuals will be available for physically disabled persons of all ages, noting this type of affordable housing is desperately needed in the Kennebecasis Valley.

Correspondence was received from the following residents expressing their opposition of the proposed rezoning application:
Gary & Fiona McGrath, 7 Phillips Drive;
Brian & Mary Hillis, 18 Phillips Drive;
Kelly Patriquen, 17 Phillips Drive;
Mr. & Mrs. Bryan Bosien, 372 Hampton Road;
Lorna & Gary Perkins, 9 Phillips Drive
Paul & Carla Bowes, 369 Hampton Road

Mr. Stuart Hook of 10 Lyden Drive spoke on behalf of his daughter and her husband, Gary and Fiona McGrath of 7 Phillips Drive, who were out of Province and unable to attend the meeting. He stated his daughterís family have three (3) concerns; 1) disruption of their privacy and would like a privacy fence built; 2) drainage concerns, and 3) water concerns.

Mr. James Hall of 8 Phillips Drive asked if there would be access off Phillips Drive, and if there was plans to develop green space around the playground. Ken Val Suites advised access would be off the Hampton Road.

Ms. Lorna Perkins of 9 Phillips Drive expressed concerns about the following items:

Long term exterior management/maintenance;

Sufficient water supply;

Preservation of trees at the end of Phillips Drive, (along the sidewalk);

Privacy;

Influence on property taxes;

Safety level for children at the new playground;

Noise level during construction.

Ms. Kelly Patriquen expressed concerns about the playground being relocated adjacent to her property. It was noted the revised plan relocates the playground back to the front of the property at the corner of the Hampton Road and Phillips Drive, addressing Ms. Patriquenís concerns.

Ms. Gena Barton, Social Worker, spoke in favour of the proposal, relating that she works with the chronically ill and disabled people. The project offers a quality of life to disabled people who, due to the accessibility features, will be able to live much more independently. She related current situations of disabled people who can not get in and out of their apartment units as they are not accessible to wheelchairs.

Mr. Mike Brannen, Chairman of the Kingsway Care Centre, expressed his support of the rezoning application, stating there is a great need for seniorsí housing in the Kennebecasis Valley.

Ms. Mary Hillis of 18 Phillips Drive stated she is concerned about devaluation of neighbouring adjacent properties, privacy issues and water concerns. She also questioned if the proposal provides sufficient parking for both the church members and the tenants of the development.

Ms. Sue Buckley spoke in support of the project, stating seniors add gentleness and kindness to a community, offer wisdom to young people, and are good neighbours and loyal customers.

Ms. Kay Dobbin, Vice-Principal of the Kennebecasis Valley Seniors, stated the Town is very much in need of an affordable living seniorsí housing project.

Mr. Larry Watson of 10 Wedgewood Drive in Rothesay, stated he is member of the Quispamsis United Church, and strongly supports the Ken Val United Church Suitesí efforts.

Ms. Lisa Dunnett of Muriel Court expressed her support of the proposed project, stating she is employed as an Occupational Therapist, and feels this project will help people who are disabled and currently can not get in or out of their basement apartments unassisted.

Mayor Driscoll asked three times if there was anyone further wishing to speak for or against the proposed rezoning. No further persons spoke.

Mr. Dirk Larooi, member of the Ken Val United Church Suites Building Committee, made a summation of their presentation, noting the drainage provisions will be in accordance with the Subdivision By-law as part of the approval process. In addition, he stated a hydrogeological study will be completed by Fundy Engineering to demonstrate if the development can support a local well without affecting neighbouring wells. Construction will be done during normal construction hours. Long term maintenance of the development will be tendered out to professionals. Most occupants will not have vehicles, and the parking will meet by-law requirements. Mr. Larooi indicated a treed landscaped buffer is planned, rather than a fence, but a final decision on this has not been determined.

Mayor Driscoll referenced a memo from the Planning Advisory Committee which indicated its support of the proposed rezoning subject to the following recommendations:

Completion of a hydrogeological study;

A reciprocal parking privilege agreement between the church and the proposed suites project to be put in place;.

Consideration should be given to have both parking lots paved and lined;

An adequate buffer is to be created;

Site drainage plans to be submitted to the Town;

The applicant work with the Community Services Department regarding the relocation of the playground.

Further PACís memo stated, it had granted the necessary frontage variance for the project.

MOVED BY Deputy Mayor Olsen and seconded by Councillor Bishop first reading be given to Amendment No. 038-06; A By-law of the Municipality of Quispamsis Respecting Zoning. Motion Carried.

MOVED BY Councillor Bishop and seconded by Councillor Loughery second reading be given to Amendment No. 038-06; A By-law of the Municipality of Quispamsis Respecting Zoning. Motion Carried.

MOVED BY Councillor Thompson and seconded by Councillor Bishop staff provide Council with clarification on the specifics of the proposed buffer for the August 19, 2008 Regular Meeting between the property proposed for rezoning and the adjoining residential properties. Motion Carried.

Public Hearing - Bonney Construction Ltd.ís Request to Stop Up & Close that portion of the Old Westmorland Road located in the Town of Quispamsis and County of Kings that crosses the lot of land, (now owned by Bonnie Construction Ltd.), identified with PID No. 30165799 - Mr. Steven Saunders of Kierstead Quigley & Roberts was in attendance and made presentation to Council. He stated the Old Westmorland Road is one of the oldest highways in the Province that went from Saint John to Moncton, and was used during the days of the Loyalists. Over the years, sections of the road have changed, and not used in recent memory. However the Certificate of Registry still cites the road as an encumbrance, which is why Bonney Construction Ltd., who owns the lands identified as Riverbend Heights Subdivision, located between French Village Road and Kallars Hill Road, is asking the Town to stop up and close that section of the Old Westmorland Road that runs through their property.

No one spoke for or against the proposed Road Closure.

MOVED BY Councillor Rioux and seconded by Councillor Bishop first reading be given to By-law No. 42; A By-law of the Municipality of Quispamsis to Stop Up and Close a Portion of the Old Westmorland Road. Motion Carried.

MOVED BY Councillor Thompson and seconded by Deputy Mayor Olsen second reading be given to By-law No. 42; A By-law of the Municipality of Quispamsis to Stop Up and Close a Portion of the Old Westmorland Road. Motion Carried.

Minutes of Previous Meetings:

June 17, 2008 - Regular Meeting Minutes - MOVED BY Councillor Bishop and seconded by Councillor Maher minutes be accepted as prepared. Motion Carried.

June 24, 2008 - Special Meeting Minutes - MOVED BY Councillor Loughery and seconded by Councillor Clark minutes be accepted as prepared. Motion Carried.

Correspondence:

Jean & Tim Place, 28 Lionel Drive Re Damaged Culvert & Unsightly Ditch - Correspondence from Mr. and Mrs. Place expressed concern about their damaged culvert and the unsightly bank and ditch adjacent to their property caused as a result of the development of Bonanza Drive.

The Places were in attendance and acknowledged that their culvert at 28 Lionel Drive had been repaired earlier in the week. They expanded upon the issue of the ditch grading deficiencies that were done by R. E. Darling during the construction of Bonanza Drive. A memo from the Director of Engineering and Works informed Council that the developer has requested release of his bonding, but has been advised that the outstanding deficiencies, i.e. stabilizing and properly grading the backslope of the ditch along the entrance to Bonanza Drive is required. Otherwise there will have to be storm sewer installed along portions of Bonanza Drive at the developerís cost.

The Director of Engineering and Works advised Council Mr. Darling is looking at ways to stabilize the wash out areas and will have to complete this before his bond will be released.

Nadine Ives, Community Outreach Coordinator, NB Climate Change Public Education & Outreach Hub - Introduction Letter - Ms. Ivesí letter introduced the New Brunswick Climate Change Public Education and Outreach Hub and explained how they can assist municipalities in moving forward with its actions to reduce emissions of greenhouse gases and increase energy efficiency.

Deputy Mayor Olsen stated he has attended several of the NB Climate Change Hubís functions and they are a valuable source of information to municipalities.

MOVED BY Councillor Rioux and seconded by Councillor Bishop the NB Climate Change Hubís information letter be received and filed. Motion Carried.

Julie Pugsley, PRO Kids, Thank You & Representative for Advisory Committee - Correspondence from Ms. Pugsley thanked the Town for its support of the PRO Kids Program, and requested a representative from the Town be appointed to serve on the Advisory Committee. The Clerk noted PRO Kids have been advised that Mayor Driscollís term on this Committee has been extended to September 30, 2008.

MOVED BY Councillor Maher and seconded by Councillor Rioux Ms. Pugsleyís letter be received and filed. Motion Carried.

Diane Clark - Request for Status on New Trail Development & Old Trail Protection at QPlex Site - Correspondence from Dianne Clark requested the status on the new trail development as part of the QPlex Project. She suggested that the Town consider building an ice surface similar to the existing Quispamsis Arena in partnership with Rothesay at a different location, rather than building the proposed QPlex Centre at the Recreation Centre site.

MOVED BY Councillor Maher and seconded by Councillor Loughery Ms. Clarkís correspondence be received and filed and she be advised that there has not been any definitive action taken at this point on the trails as the design plans for the QPlex Project have not been finalized, and that upon completion of the QPlex design plans, more information will become available on the trail development plans in this area. Motion Carried.

Kennebecasis Public Library Inc. - Request for Support for Property Tax Exemptions for Public Libraries - Correspondence from Chairman Heather Crawford had enclosed a copy of a letter the Library sent to the Honourable Ed Doherty, Minister of Post Secondary Education, Training & Labour concerning property taxes for the Kennebecasis Public Library. Ms. Crawford requested Civic and Provincial authoritiesí support to seriously consider property tax exemptions for public libraries in New Brunswick. She noted the end result of their request would assist the Library in its mandate of providing the most efficient and cost effective public library service to their valued customers.

MOVED BY Deputy Mayor Olsen and seconded by Councillor Loughery Council send correspondence to The Honourable Dr. Edward Doherty supporting the Kennebecasis Public Library Boardís request that property tax exemptions be extended to public libraries. Motion Carried.

Winfield Hills Subdivision Residentsí Request - Request for Traffic Calming Measures to Reduce Speeding Motorists - A petition received from 35 residents in the Aldridge Drive, Grasmere Avenue, Wiltshire Drive area requested the Town to create a three way stop at the intersection of Aldridge Drive and Shornecliff Lane, create a 3 way stop at the intersection of Aldridge Drive and Pembroke Lane, and post speed limit signs at the entrance to Winfield Hills to reduce the speed of motor vehicle traffic in the Winfield Hills Subdivision.

A memo from the Director of Engineering & Works related most of the subdivision in question is posted at 50 kph in accordance with Traffic By-law No. 27, however there are some 40 kph zones in areas with sharp corners. Aldridge Drive, he said, is a relatively straight street that serves as a connection from the Southwood area up through the newly developing area and onto the adjacent White Subdivision. In the near future, it will connect to streets that service Eastwind Estates and the Quispamsis Road. He noted this complaint is not unique as residents of established subdivisions are situated next to new and developing subdivisions, and perceive an increase in traffic volumes and associated speeds.

MOVED BY Deputy Mayor Olsen and seconded by Councillor Bishop Council refer the Winfield Hills Subdivision residentsí petition to the Engineering Department to examine in conjunction with the Traffic Calming Policy currently under review for various areas in the Town, which is due for submission to Council in September. Motion Carried.

Mr. Donovan W. Case, Kings Way Assembly - Request to Amend Developerís Agreement - Mr. Caseís correspondence requested to amend its developerís agreement with the Town in order to revise the parking area and install a new road access from Kings Way Drive. The Kings Way Assemblyís Board of Directors believes this will improve the overall visual appeal of the property, provide the much needed parking to avoid congestion occurring near the road entrance and provide a second road entrance.

A memo from the Director of Engineering & Works stated the Kings Way Assemblyís request is consistent with the churches long term plans filed back in 1994. Kings Way are looking to construct new parking areas and entrance off of Kings Way Drive and are seeking Councilís permission to amend the developerís agreement executed in 1994. The amendment is required as the initial agreement had specifically identified the limits of the original parking lot and specified future expansions would require town approval.

MOVED BY Deputy Mayor Olsen and seconded by Councillor Bishop Council set a Public Hearing date for August 19, 2008 at 7:00 p.m. and refer the Kings Way Assemblyís application to amend their developerís agreement to the Planning Advisory Committee for their review and recommendations. Motion Carried.

By-laws:

Amendment No. 031-03; A By-law of the Municipality of Quispamsis Respecting Animal Control - MOVED BY Deputy Mayor Olsen and seconded by Councillor Bishop third and final reading be given to Amendment No. 031-03; A By-law of the Municipality of Quispamsis Respecting Animal Control. Motion Carried.

New Business:

Hammond Industrial Park Subdivision Phase 8, Lot 7 - Light Industrial Park - MOVED BY Councillor Rioux and seconded by Councillor Bishop Council assent to the Hammond Industrial Park Subdivision Phase 8, Lot 7 - Light Industrial Park, subject to the following conditions:

If required, the developer must enter into a Ďdeveloperís agreementí with the Town, which incorporates the standard terms and conditions for subdivision as well as bonding, if required, along with any conditions set by PAC;

Payment of subdivision filing fees of $100;

Land for public purposes totalling $1500 is paid to the Town, with future negotiations for augmented buffer adjacent to Palmer Brook as LPP;

Approval of any proposed use will be subject to review of well yield report for this lot;

Each well should be equipped with a backflow prevention device, which is to be noted in the developerís agreement, and installed to the satisfaction of the Provincial Plumbing Inspector;

Proper provisions for buffering in accordance with By-law 38, 18(1) - (j) in the Light Industrial Zone are provided and shown on the final plans, with notations to ensure future owners maintain these buffers;

Department of Health approves the on-site septic for each lot;

Industrial concerns regarding oil/water separations are addressed. Motion Carried.

Brenda Phinney Subdivision - French Village Road, Lot 08-1 - MOVED BY Councillor Bishop and seconded by Councillor Loughery Council assent to the Brenda Phinney Subdivision, French Village Road, Lot 08-1; subject to the following conditions:

Placement of appropriate bonding for driveway and drainage as determined by the Town Engineer;

Copies of the on-site septic system approvals to be submitted to the Town;

Subdivision filing fees of $100 for a one lot phase;

Land for public purposes requirement to be met through cash in lieu totalling $750;

Properly signed plans are submitted to the Town for final approvals. Motion Carried.

James Kim Leclair and Arthur Miller Subdivision, Lila Court - MOVED BY Councillor Maher and seconded by Councillor Loughery Council assent to the James Kim Leclair/Arthur Miller Subdivision Amending Plan, Lot Consolidation subject to the following conditions:

Proper execution of the plan and registration prior to subdivision of adjacent Miller Property;

Maintenance and, where possible, enhancement of the buffer zone between the Commercial and the Residential area. Motion Carried.

Arthur J. Miller Subdivision, Phase 3, Lot 08-2, 08-3, 08-4 - MOVED BY Councillor Bishop and seconded by Councillor Loughery Council assent to the Arthur J. Miller Subdivision, Phase 3, Lot 08-2, 08-3, 08-4, subject to the following conditions:

Properly signed plans are submitted to the Town for final approvals;

Payment for LPP fees totalling $4500;

Payment of subdivision fees totalling $230;

Hydrogeological evaluation to be passed onto lot purchaser in conjunction with their development;

Driveway access and culvert to be the developer or purchaserís responsibility;

Assent granted to the municipal sewer easement across Lot 08-2;

Remnant parcel PID 231316 to be consolidated with adjacent lot 4. Motion Carried.

Country View Estates Subdivision Phase 4 Assent - MOVED BY Councillor Maher and seconded by Councillor Loughery Council assent to Country View Estates Subdivision Phase 4, subject to the following conditions:

Execution of a standard developerís agreement, bonding and subdivision fees will be required with the Town;

Placement of appropriate bonding as determined by the Town Engineer;

Comprehensive Groundwater Assessment report to be submitted to the Town. Groundwater supply and monitoring recommendations to be in the developerís agreement;

Subdivision filing fees of $400 for this phase;

Staff to investigate LPP requirement proposed in an alternate location with the intent to establish land and trail development in conjunction with direction from the Community Services Department;

Local drainage patterns and storm sewer review to be conducted by developerís consultants and submitted to the Town for review and approvals, downstream impacts to be addressed;

Conditions concerning blasting as identified by the Town of Quispamsis are included in the developerís agreement;

Conditions of approval and variances as identified by PAC are incorporated into the plans and developerís agreement;

Plans to be signed by the owners as well as appropriate Utilities;

Council approval to be conditional on completion of land ownership issues. Motion Carried.

Reports:

NB Department of Finance - Summary Document on New Brunswickís Tax System

Rothesay Regional Joint Board of Police Commissionerís Meeting Minutes for May 28, 2008 & April 23, 2008

Thank You from Connie & Gordon McCauley, 30 Merritt Hill Road

Thank You from Lakefield Elementary School Students - Marigold Planting, Town Hall

Thank You from Nick Reid, Town of Quispamsis Bursary Recipient

Thank You from Quispamsis Elementary School Re Community School Program

Planning Advisory Committee Minutes of May 13, 2008

Kennebecasis Valley Fire Department Inc. - Unaudited Financial Statements, April 30, 2008

Canadian Union of Postal Workers Request for Support Re Canada Post Corporation Strategic Review

Congratulations from Kennebecasis Public Library Board of Trustees

Kennebecasis Public Library Inc. - Minutes of April 9, 2008

FCM - Municipal Partnership Program - Cambodia

Kennebecasis Valley Challenge Marathon - 2008

Kennebecasis Valley Fire Department Inc. Board Meetings - December 12, 2007 - March 26, 2008

Canadian Heritage Grant for $2000

MOVED BY Councillor Maher and seconded by Councillor Clark reports be received and filed. Motion Carried.

Business Arising from Committee of the Whole

Discussion Paper on New Brunswickís Tax System - MOVED BY Deputy Mayor Olsen and seconded by Councillor Maher Council inform the Provinceís Select Committee on Tax Review that Quispamsis supports the Town of Rothesayís recent submission to the Select Committee on Tax Review dated July 9, 2008. Motion Carried.

Adjournment - MOVED BY Councillor Rioux and seconded by Deputy Mayor Olsen meeting adjourn. Motion Carried.

 

Meeting adjourned at 8:35 p.m.


MAYOR CLERK