1 MEETING #449 MINUTES OF MEETING GRAND FALLS-WINDSOR TOWN COUNCIL HELD IN THE TOWN HALL 7:00 P.M., TUESDAY, JULY 28TH, 2015 PRESENT: Mayor: Allan Hawkins Deputy Mayor: Barry Manuel Councillors: Amy Coady-Davis, Darren Finn, Rodney Mercer, Bruce Moores, Tom Pinsent Staff: M. Pinsent, Town Manager\Clerk D. Nichols, Director of Parks and Recreation ABSENT: Staff: J. Saunders, Director of Engineering & Works B. Griffin, Director of Finance G. Hennessey, Economic Development Officer The Mayor called the meeting to order at 7:00 P.M. and asked for any errors or omissions to the Minutes of Meeting #448 of Tuesday, July 7th, 2015. Motion Moores\Pinsent Be it resolved that the Minutes of Meeting #448 of Tuesday, July 7th, 2015 would be adopted as circulated. This motion carried by a vote of 7-0. BUSINESS ARISING OUT OF THE MINUTES None DISBURSEMENT REPORT Councillor Pinsent presented the disbursement report in the amount of $1,212,926.58. 2 Motion Pinsent\Moores Be it resolved that the disbursement report in the amount of $1,212,926.58 would be adopted as presented. This motion carried by a vote of 7-0. COMMITTEE REPORTS Public Works and Planning The following report was presented by Deputy Mayor Manuel. Main Street Parking and Traffic Flow Staff met with several businesses on Main Street that expressed concerns with the parking. They have been invited to the next Public Works and Planning Committee meeting for further discussion. High Street Parking Staff met with the Disability Association to discuss concerns they have with the accessible parking spaces on High Street. Staff will commence work on moving the spaces to align with the depressions in the walkway. All space will be painted and appropriate signs erected. Crosswalks will also be identified and signed. Garbage Truck Staff explained issues we are having with one (1) of our two (2) stream garbage trucks. It is a 2012 model, but has lost the engine twice and has been down for extended periods. We have been looking to upgrade our old single stream side loader garbage truck with a used two (2) stream truck as a spare, but they are not available. There was an understanding that a new tandem truck with snow and ice control equipment would be tendered in 2015 for delivery in January 2016. Staff are now requesting this purchase be postponed for one (1) year and tender be called for a two (2) stream garbage truck. The garbage truck is estimated at $300,000 which is less than the tandem truck which is estimated at $340,000. 3 The Committee recommends proceeding with the tender for the new garbage truck for delivery in 2016. Sanitary Sewer Upgrading – Second Avenue There have been ongoing issues with overloading of the sanitary sewer on Second Avenue\Victoria Street in recent years. Work has been done to remove storm water from the sanitary system and the lift station is being upgraded. Camera inspections were just completed on the existing system and more will be done in the next couple weeks. Survey work is also being done by a consultant on all existing infrastructure to determine elevation and location. Town staff are investigating possible external sources of infiltration. This information will be presented to the Committee at the next Public Works and Planning meeting for discussion and project decision. Main Street West Development The residential land on Main Street West is being developed for sale by the Town as single family homes. Interest by prospective purchasers has been very low. One (1) point mentioned to staff several times is the land is priced too high ($625\foot frontage). We have also had a request to develop the land as multiple units and\or smaller affordable homes. The Committee is open to reconsider the costs as well as the zoning and recommends it be discussed in more detail at the next Committee meeting. Land for Violence Prevention South & Central The Violence Prevention South & Central has purchased a parcel of land from us on Main Street adjacent to the former Oil Bulk Plant. The Bulk Plant property was remediated and there are two (2) small sections that cannot be developed. Violence Prevention South & Central have been told they cannot get funding because of the Bulk Plant land being adjacent to their land unless there is a Phase II Environmental Assessment completed. This is on the land being purchased from the Town and they have asked this be done and costs (approximately $3,500) be covered by the Town. The Committee recommends this assessment be completed and costs be charged to land sales. 4 Land Request – 4 Kerry Place The Committee discussed a request for land at the rear of 4 Kerry Place to construct an accessory building. The Committee recommends it be approved and sold as per policy. The green belt between Kerry Place and Union Street must be maintained so only trees necessary to allow construction are to be removed. Cartwright Street\O’Neil Avenue Development The Committee discussed the latest plan for the duplex on O’Neil as well as comments from the business group. The Committee recommends that a RFP be called for the sale and development of one (1) duplex unit. The grubbing for the rear access road will be completed by the Town. It will be the responsibility of the business group to purchase and place any road gravel as required. Correspondence – KDJ Enterprises Ltd. The Committee discussed correspondence from KDJ Enterprises Ltd. requesting approval to truck Class A and Class B from a pit on Ivany’s Road to the arterial road project. The Committee recommends this be approved, but with the following conditions:- Maximum of four (4) trucks. - Trucks go in different directions on Peddle Drive to minimize traffic on the west end. - Trucks to travel below the speed limit. - Monitor any debris on the road from the trucks and clean up immediately. - Maintain dust control on the end of Ivany’s Road near the homes. - This is for Class A and B only. - This is a onetime approval for this project only and no other approvals will be considered in the future. - Any other issues that arise during the trucking will have to be addressed by KDJ. - If complaints are received, the approval may be reconsidered. 5 Parking Concerns – Finn Avenue and Beaumont Avenue The Committee discussed parking issues on Finn Avenue and Beaumont Avenue. Finn Avenue has been resolved. Staff are suggesting that parking on Beaumont Avenue from Suvla Road to Lincoln Road be permitted on the sidewalk side only. The Committee recommends this be approved and the appropriate signage be installed. Correspondence – Rezoning Station Road – Colin Power The Committee reviewed the request from Mr. Power to rezone 8 Station Road to allow for affordable residential apartments. The Committee recommends this request be supported and the process to change the zoning commence. All costs associated with the zoning change will be the responsibility of the applicant. Civil Matters between Neighbours or Town Responsibility The Committee discussed this issue based on a recent issue before the Court and recommends it be discussed at the next Committee of the Whole meeting. Nalcor Tour Nalcor staff have offered a tour of the local facilities in Grand Falls-Windsor and suggested evenings would work best. The Committee recommends staff arrange a meeting in early August outside Committee week and let Council know the details. Long-Term Care Several businesses have contacted the Town looking for 2-5 acres of land to construct a Long-Term Care Facility. This is in response to the RFP the Province has called for the private sector to construct and operate long-term care facilities throughout the Province. 6 Land Request – 43 Lincoln Road – Chris Parsons The Committee reviewed a request to sell land adjacent to 43 Lincoln Road and recommends it not be sold at this time. The applicant can continue to use the property to park his trailer until a decision is made. Accessory Building – 60 Lincoln Road – Jeff Ivany The Committee discussed correspondence from Mr. Ivany requesting to construct an accessory building on his property as per the attached drawing. The Committee recommends the application be approved provided the building is rotated and the setback from the road be the same as the residence located at 62 Lincoln Road. Land Request – 5 Knight Street The applicant has requested an additional fifty (50) feet at the rear of 5 Knight Street. The Committee recommends this be approved and sold as per policy. Correspondence – 100 King Street – Robert McDonald The Committee discussed the correspondence from Mr. McDonald concerning garbage collection at his four (4) unit apartments at 100 King Street and the additional costs associated with the new Central Waste Management Regulations. Four (4) unit residential buildings are taxed at the same mil rate, but are not assessed by the same method. Three (3) units or less are based on market value where four (4) units and above are based on income approach. The income approach results in a reduced assessed value and therefore less tax. The Committee recommends no change in present policy. I move the recommendations and report of this Committee. Motion Manuel\Pinsent Be it resolved that these recommendations and report would be adopted as circulated. This motion carried by a vote of 7-0. 7 The following tenders were presented by Councillor Finn:Gilbert Street - Water and Sewer Upgrades Tenders for the Gilbert Street – Water and Sewer Upgrades were received. Two (2) bids were received. Piercon Limited W. Reid Construction Ltd. $499,887.10 $640,690.79 HST Included HST Included It is recommended that the contract be awarded to Piercon Limited in the amount of $499,887.10. Motion Finn\Pinsent Be it resolved that the tender for the Gilbert Street – Water and Sewer Upgrades would be approved as presented. This motion carried by a vote of 7-0. Town Hall – Windows, Cupola and Renovations Tenders for the Town Hall – Windows, Cupola and Renovations were received. Three (3) bids were received. R & D Construction Traytown Bluebird Investments Ltd. $118,650.00 $145,745.00 $169,500.00 HST Included HST Included HST Included It is recommended that the contract be awarded to R & D Construction in the amount of $118,650.00. Motion Finn\Moores Be it resolved that the tender for the Town Hall – Windows, Copula and Renovations would be approved as presented. This motion carried by a vote of 70. The following Demolition Order was also presented by Councillor Finn:- 8 REMOVAL ORDER TO: RAY HUNTER 43 PEDDLE DRIVE GRAND FALLS-WINDSOR, NL A2B 1K8 IN THE MATTER OF the Municipalities Act, 1999 AND the Urban & Rural Planning Act, 2000. AND IN THE MATTER OF: An Order of the Town of Grand Falls-Windsor concerning a dilapidated building near Ivany’s Road, adjacent to the Corduroy Subdivision, leased by Mr. Hunter, within the Town of Grand Falls-Windsor. TAKE NOTICE THAT the Occupancy and Maintenance Regulations, Regulation 5 and Regulation 12, under the Urban & Rural Planning Act, 2000 Provides that: Maintenance 5. All properties in the areas listed in the Schedule including land, buildings, structures, dwelling, fences, sheds, garages, parking lots, driveways, landscaping and all appurtenances shall be maintained in a state of good condition and repair in accordance with the standards set out in these regulations and as otherwise ordered by the enforcement authority. Exterior Walls 12. (1) Exterior walls and their components shall be adequate to support loads upon them and shall be maintained to prevent their deterioration from any cause. (2) Exterior cladding or covering must be reasonably durable and be maintained in accordance with the standards set out in these 9 regulations and as otherwise determined by the enforcement authority. TAKE NOTICE THAT the Municipalities Act, 1999, Part XIV – Orders and Permits, Section 404 (1) provides that: A Council may make an Order that (f) where a building is in a dilapidated state, or is, in the opinion of the Council, unfit for human habitation, or another use for which it is then being used, or is a public nuisance, the owner or occupier is to pull down, remove, fill in or otherwise destroy the building and restore the site to its original state, or make the disposition or alteration of the building that the Order directs; AND FURTHER TAKE NOTICE that the building on leased property is in a dilapidated state. According to a recent Building Inspection and Property Report dated June 16th, 2015, Building Inspector, Dave Gardner, stated the “There has been no attention paid to the exterior of the structure (since the last Report dated May 12th, 2014). Structural cracks are still visible and no attempt has been made to repair them. Windows and window frames, door frames and doors are still deteriorating. The entire eave structure has deteriorated. As per National Building Code of Canada, Section 5.1.4.2 Resistance to Deterioration, materials used in building components and assemblies exposed to the exterior, shall be, a) compatible with adjoining materials and b) resistant to any mechanisms of deterioration that may reasonably be expected given, i) the nature and function of the materials, and ii) the exposure and climatic conditions in which they will be installed…..To date no work has been carried out to correct any of the buildings many building code deficiencies. As a result, it is recommended that a demolition order be issue(d).” Inspector Gardner had stated in the 2012, 2014 and 2015 Building Inspection & Property Reports that the building is in need of maintenance and repair in order to meet the National Building Code of Canada and the Occupancy and Maintenance Regulations under the Urban and Rural Planning Act, 2000. AND TAKE FURTHER NOTICE that with the ongoing deficiencies since 2012, the building on this leased property is now structurally unsound as well as public 10 nuisance with negative impacts on the adjacent residents and subdivision development. IT IS ORDERED that you demolish the building, remove all residual debris, and restore the property to its original state. IT IS FURTHER ORDERED that you undertake this action by August 19th, 2015. AND FURTHER TAKE NOTICE that refusal or failure to comply with this Order makes you guilty of an offence and liable on summary conviction to a fine, a period of imprisonment, or to both. Council can also take the action that it considers necessary to carry out this Order and any costs, expenses and charges incurred as a debt owed to Council as per Section 404 (5) of the Municipalities Act, 1999. Dated at Grand Falls-Windsor, NL this 16th day of July , 2015. Town of Grand Falls-Windsor Town Manager\Town Clerk You have the right to appeal this Order. The appeal and a fee of $100.00 plus HST ($113.00 total) must be submitted to the Secretary of the Appeal Board at the Department of Municipal and Intergovernmental Affairs, 1st Floor, Confederation Building (West Block), P. O. Box 8700, St. John’s, NL, A1C 4J6 within 14 days of the day that you receive this Order. If the appeal and fee is not submitted within this time limit, your right to appeal is considered to be forfeited. Motion Finn\Moores Be it resolved that the Demolition Order as presented would be adopted by Council. This motion carried by a vote of 7-0. 11 Parks, Recreation and Special Events The following report was presented by Deputy Mayor Manuel. Playground Update The Parks and Recreation Foreman informed the Committee that work is progressing well at the Sutherland Drive playground. Our Parks and Recreation staff have commenced the landscaping of the playground and the walkways. The playground is expected to open for activities within the next two (2) weeks. Work has commenced on the Main Street playground and is proceeding on schedule. A tentative opening date will be presented at the next Committee meeting. Splash Pad Update The Parks and Recreation Foreman informed the Committee that the splash pad has been commissioned for usage. The contractor has a few small items to complete and our staff have commenced landscaping the area and the walkways. The splash pad will be ready to open for activities within the next two (2) weeks. The splash pad and Sutherland Drive playground will open on the same day. Meeting with Dog Park Association The Committee welcomed Mr. Elmo Hewlett and Mr. Michael Goodyear from the Dog Park Association to the meeting at 5:15 P.M. The Committee and the representatives of the Dog Park Association discussed the newly opened dog park operations and policies. The Dog Park Association is very pleased with the new dog park and all of the features and amenities included in the dog park. The addition of a small dog park section has also been a positive way to ensure the safety of small dogs. The Association requested the parks accessibility issues be dealt with and that directional signage for the dog park be placed on the Trans Canada Highway and around Town. The Association informed the Committee that the dog park is receiving much usage and at times there has been up to twenty (20) dogs using the park at a time. The Association noted that all children should be supervised by their parents or guardians while at the park due to safety concerns. The representatives of the Dog Park Association were excused from the meeting at 5:40 P.M. 12 The Committee discussed the items of concern brought up at the meeting by the Association. The Committee recommends that staff improve the entrance and walkway accessibility and that dog park directional signage be erected on the highway and in a few areas around Town. The Committee also recommends that the official opening of the dog park be held in September as suggested by the Association. Free Summer Concerts Update The Committee discussed the Free Summer Concerts in the Park. The first concert was held on Friday, July 17th at Church Road Park and was a great success. Over two hundred (200) people attended the concert and enjoyed the music of the Charlotte Murphy Band. Staff recommends that Church Road Park is a more convenient site to hold future free concerts. The next concert will be held on this Friday, July 31st from 7:00-9:00 P.M. at Church Road Park. The Committee discussed the possibility in the future of switching to another weekday and having a day concert. The Committee will discuss these matters at the next Committee meeting. Correspondence – Gorge Park Request The Committee discussed correspondence requesting the use of Gorge Park for an event in September. The Committee recommends that the Director obtain further information on this request and identify the responsibilities requested of the Department and report back to the next Committee meeting for discussion. Ball Field Lights Update The Parks and Recreation Foreman informed the Committee that both the Main Street field and the Goodyear Avenue field lighting have been installed, commissioned and are in operation. There are a few programming areas that will be adjusted to accommodate different game times, but overall the lights are working well and the staff have received many positive reports from the field users. 2015 Spring and Summer Special Events Update The Director presented a Summer Special Events and Tournaments updated list. There are three (3) new events added since the last list was presented. It was 13 also noted that the Windsor Stadium will open for the Summer Hockey and Figure Skating Schools on Friday, July 31st, 2015. As a result, the Department’s Summer Sports Program and the Summer Camp have been relocated to the Joe Byrne Memorial Stadium and Exploits Valley Intermediate School. The Committee complimented the Department on their work throughout all of the Special Events and Tournaments. Summer Program Update The Leisure Services Programmer informed the Committee that the Department’s Summer Sports and Summer Camp Programs are going well. Registration is up to over two hundred (200) participants and the Summer Camp Program is up to capacity. The Department is also involved in co-sponsoring and assisting minor baseball, minor soccer, volleyball and tennis. All of these programs have increased registrations this year and their programs are all running well. The unpleasant July weather has not discouraged any youth from participating in the various programs. Communities in Bloom Judging The Director informed the Committee that the National Communities in Bloom Judges were in Town from July 16th-18th to evaluate Grand Falls-Windsor for the 2015 National Finalists Competition. The Director and Chairman Deputy Mayor Manuel hosted judges Mr. Bruce Hay from Toronto, Ontario and Mr. Jim Baird from Saint John, New Brunswick. The judges were shown many areas of strength our Town has to offer as the 2015 Provincial Tidy Towns Winner and a 2015 Communities in Bloom Finalist. In addition, the judges were given a personal Exploits River Boat Tour from Mr. Kenneth Stanley which they enjoyed. The judges also attended the Queen Street Dinner Theatre and Motown Show and were impressed with the talent in our Town. The judges reported a good showing and have since recommended that we apply for an additional Heritage Award which is offered to qualifying communities. The results of the judges evaluation will be presented on September 30th, 2015. Green Space Mowing Request The Committee discussed a request from a resident that the Town mow and care for a green space area adjacent to his property. The Committee recommends that this request be denied. 14 Valley Road Cemetery The Committee discussed a request from a resident regarding the Valley Road Cemetery. The Parks and Recreation Foreman was going to contact the Interfaith Cemetery Committee. Due to other pressing work the Foreman was not in contact with the Interfaith Cemetery Committee. The Foreman will follow up and obtain the information for discussion at the next Committee meeting. Memorial Grounds Project Update The Committee discussed the Memorial Grounds Project. The Committee requests that staff arrange a meeting with the Royal Canadian Legion Memorial Grounds Project Committee to jointly discuss the progress of the project. No Smoking – Town Facilities The Committee has noticed that a number of residents have been smoking at Town facilities. No smoking is permitted at any Town facilities and in particular, at any recreation facilities. It has been noted that many people are smoking while activities are being played, while children are present and also that many sports participants are smoking while playing their sports. The Committee recommends that staff erect several new “No Smoking” signs at all of the Town recreation facilities. The Committee also requests that residents please respect the “No Smoking” Policy as a courtesy to protecting other people’s health and space. Stadiums Year End Financial Statements The Committee discussed the Stadiums Year End Financial Statements and some ways to decrease the Stadiums deficits. The Director noted that rentals decreased by 14-18% last year. Also many of the groups are not interested in starting up until mid October. The Director noted that the Windsor Stadium will open for ice activities on July 31st, 2015. The Joe Byrne Memorial Stadium will open for ice activities on October 20th, 2015 pending ice rentals demand. The staff will also strictly enforce the “No Cancellations Policy” throughout the season. Staff will have additional proposals to decrease the Stadiums deficits at the next Committee meeting. The Committee recommends that the presented staff proposal be approved and that additional ways be pursued to decrease the Stadiums deficits. 15 I move the recommendations and report of this Committee. Motion Manuel\Coady-Davis Be it resolved that these recommendations and report would be adopted as circulated. This motion carried by a vote of 7-0. OTHER BUSINESS Councillor Coady-Davis reminded the public that the AND Co. Dinner Theatre is available and encouraged people to go. She congratulated the Minor Baseball Association for being successful in getting the Blue Jays Baseball Camp to come to Grand Falls-Windsor. Councillor Moores congratulated Councillor Finn on his hard work and dedication with the Salmon Festival. He also congratulated Minor Soccer on a very successful Mega Tournament on the week-end that hosted eighteen (18) teams. Councillor Mercer reviewed the Senate Committee Report on the CBC. One (1) of the recommendations was that the CBC be more transparent in awarding contracts. This was an issue the Town presented to the Committee. He also surmised that Canada Post would soon be eliminating door-to-door delivery. He advised the public that there are new signs at the Grenfell Heights\Hardy Avenue intersection and to pay particular attention to them. Councillor Pinsent recognized the Town Staff on their hard work on the Salmon Festival, as well as the Chairman of the Committee, Councillor Finn. He also congratulated the St. Joseph’s Parish on their 75th Anniversary and reviewed some of the celebration events. Deputy Mayor Manuel recognized the Minor Baseball Association and the Blue Jays who attended the Blue Jays Camp. They have committed to come back next year. This year they have contributed $150,000 towards the ball field lights. He also encouraged Council to lobby the Provincial Government to locate the “Consolidation of Services” in Grand Falls-Windsor given the mill closure and the recent mine closure. 16 Motion Moores\Pinsent Be it resolved that the meeting of the Grand Falls-Windsor Town Council would be adjourned until the next regular scheduled meeting of 7:00 P.M., Tuesday, August 18th, 2015. This motion carried by a vote of 7-0. The meeting adjourned at 8:15 P.M. Allan Hawkins Mayor M. Pinsent Town Manager\Clerk