MINUTES
PUBLIC COUNCIL MEETING
June 28, 2011
Minutes of the Regular Meeting of Council held in the Council Chambers, Town Hall on June 28, 2011 at
7:43 p.m.
Members Present
Staff Present
Mayor Bob Codner
Deputy Mayor Geoff Gallant
Councillor Mike Byrne
Councillor Carol Ann Smith
Councillor Ralph Tapper
Councillor Peggy Roche
Councillor Brian Whitty
Dawn Chaplin, CAO/Town Clerk
Brian Winter, Development and Planning Officer
Ann Picco, Executive Clerk
Gallery
There were a total of 4 people in attendance.
Meeting was chaired by Mayor Codner.
251-11
Adoption of Agenda
Motion – Councillor Byrne / Councillor Smith
RESOLVED THAT the Agenda be adopted, as presented.
Question called. Motion carried unanimously.
252-11
Adoption of Minutes
Motion – Councillor Roche / Deputy Mayor Gallant
RESOLVED THAT the Minutes of the June 13, 2011, Public Council Meeting be
adopted, as presented.
Question called. Motion carried unanimously.
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PUBLIC COUNCIL MEETING
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253-11
Motion – Councillor Tapper / Councillor Roche
RESOLVED THAT the Town of Torbay adopt the Minutes of a Special Meeting of
Council, dated June 18, 2011, as presented.
Question called. Motion carried unanimously.
254-11
Motion – Deputy Mayor Gallant / Councillor Tapper
RESOLVED THAT the Town of Torbay partner on the application with Holy Trinity
Elementary for the AgriSpirit Funding, with Holy Trinity Elementary School making
application.
Question called. Motion carried unanimously.
PROCLAMATIONS / PRESENTATIONS - None
CORRESPONDENCE
1) Municipal Assessment Agency Inc. – Clar Simmons Scholarship Award. For Information
Purposes. COMPLETE.
2) Department of Transportation and Works – Torbay Bypass Road/Torbay Road. Mayor
Codner advised that he replied to letter – correspondence was copied to all Members of
Council. COMPLETE.
3) Municipalities Newfoundland and Labrador – 2011 MNL Annual Convention & Trade Show
Registration Package. CAO to send out email to all Members of Council to see if anyone is
interested in attending. Councillor Roche advised that she would like to attend.
COMPLETE.
4) Deputy Mayor Gallant – Motion concerning Cosmetic Pesticide Free Community. See Motion
below. COMPLETE.
255-11
Motion – Deputy Mayor Gallant / Councillor Smith
RESOLVED THAT the Town of Torbay shall strive to become a “Cosmetic Pesticide
Free Community,” and as a measure to protect the health of its citizens, especially young
children, issue a public advisory to the citizens of Torbay informing them of Council’s
position on this important issue, and recommending that they avoid the use of pesticides
for merely cosmetic purposes on lawns and gardens in the municipality of Torbay.
Question called. Motion carried unanimously.
All Council Members agreed that they would like to have further information and facts
concerning Cosmetic Pesticide use; and, to invite someone to come by the Town Office to
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June 28, 2011
meet with Council and discuss. CAO to arrange date and time. It was agreed that Council
would meet first on this issue and then possibly move forward to a public meeting.
5) Eastern Newfoundland Regional Appeal Board – Appeal regarding Issuance of Stop Work
Order. For Information Purposes. Development and Planning Officer to advise adjacent
property owner of outcome. It was also noted that property owner can appeal decision.
COMPLETE.
6) Development and Planning Officer provided a copy of a letter from resident requesting to
increase size of property by dumping fill there from Defence Construction Canada. Council
discussed back-filling/dumping, development of a policy, and Town regulations. Deferred to
Planning and Land use Development Committee for further research and information.
B/F.
BUSINESS OUTSTANDING
1) Correspondence from resident concerning some issues in Pineridge Creek Subdivision.
Council discussed that site cannot be blocked off, as it’s owned by more than one property
owner. It was noted by some Council Members that they have noticed more police presence
in the community. COMPLETE.
2) Petition regarding unsafe vehicle speeds on Pineridge Crescent. As per Item no. 1 above,
Council advised that they have noticed more police presence in the community. Municipal
Enforcement Officer had requested that the RNC follow up as well. Mayor Codner to
discuss with the RNC and acknowledge their increased presence. COMPLETE.
3) As per Motion 167-11 from the Public Council Meeting of May 2nd, a public
meeting/information session to be held regarding choice before Council of ten (10) percent or
cash in lieu of. Deputy Mayor discussed that this relates to a public information session
regarding Motion Estates development area and the options before the developer/council
concerning open space – ten percent or cash in lieu of. Council will discuss what they
would like the area to look like. Waiting on information and clarification from the Town’s
solicitor before holding public meeting. B/F.
4) At the Public Council Meeting of April 18th, Deputy Mayor discussed Council transparency,
and put forward a motion - as per Motion 142-11, Public Council Meeting Minutes of April
18th, the Town to strike a sub-committee concerning Council transparency and come back
with recommendations in thirty days. Terms of reference for the sub-committee to be drafted.
Deputy Mayor discussed that recommendations have been discussed by sub-committee. He
did have conversations with CAO; and, motion for recommendations has been drafted. Will
meet with committee first and information will be forwarded for next Council meeting. B/F.
5) Department of Environment and Conservation – Torbay Municipal Habitat Stewardship
Program Expansion Proposal. There have been some revisions to the Plan – some
clarification is required; and, it’s gone back to the Department of Environment and
Conservation. CAO discussed that maps will come back to Council for review before
signing. B/F.
6) Department of Environment and Conservation – public right of way / trail in the Jones Pond
area. Mayor Codner advised that he has not received a reply from the Department of
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PUBLIC COUNCIL MEETING
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Environment and Conservation, Crown Lands – this matter pertains to two right-of-ways in
the community that are blocked and not accessible. Mayor to contact Crown Lands Division
until an answer is received. B/F.
7) Eastern School District:
Various issues related to the newly constructed Holy Trinity Elementary School / Motion
474-10 from Public Council Meeting of November 15th – Public Works Committee to
investigate Doyle’s/Quigley’s Lane are concerning traffic and possibility of making one
way street.
Eastern School District – Extending school bus service onto Pulpit Rock Road/Kelly’s
Lane - This is concerning acquisition of land from a resident on the corner in order to
increase the turn radius so that the bus can get into the Kelly’s Lane area.
Mayor Codner advised that he did meet with Mr. Blanchard, Eastern School District –
he has agreed to undertake points that the Town brought up and discussed. Mayor will
give him until the next Council meeting for a reply, then will contact him. Deputy
Mayor advised that he discussed with the School Council the matter of installing a gate
to the road that intersects the school and the playground, and they thought it was a
great compromise – the gate can be closed when the children are outside. B/F.
8) Newfoundland Design Associates Limited - Final Report – Surface Water Sampling, Big
Beach, Torbay Bight, Torbay, NL. CAO advised that weather conditions haven’t warranted
testing. Checking daily when they can obtain samples. B/F.
9) Department of Environment and Conservation, Water Resources Management Division –
Feasibility Study and Conceptual Cost for a Water Treatment Facility for Torbay /
Correspondence from resident concerning South Pond. The Department of Municipal Affairs
developed terms of reference for best technologies studies, which CAO advised have been
received. They have best technology procedure in place. It may take up to a year for the
study to be completed. It will be a topic of discussion at the strategic planning session
taking place in September. B/F.
10) Status of Camp Carey Building. Engineers from Newfoundland Design were on site to do
further structural testing. Will have report in approximately 7 – 10 days. B/F.
11) Constitution of the Torbay Heritage Committee-Draft #2-Nov. 8, 2010 – Councillor Byrne
advised they are awaiting advice from Town’s solicitor, Mr. Pittman. Mayor to check with
him. B/F.
COMMITTEE REPORTS
Economic Development
256-11
Motion – Councillor Roche / Councillor Tapper
RESOLVED THAT the Town of Torbay approve the Minutes of the Hillside Festival
Committee Meeting, dated June 14, 2011.
Question called. Motion carried unanimously.
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Finance
257-11
Motion – Councillor Tapper / Deputy Mayor
RESOLVED THAT the Town of Torbay approve the Minutes of the Finance Committee
Meeting, dated June 21, 2011.
Question called. Motion carried unanimously.
258-11
Motion – Councillor Tapper / Councillor Roche
RESOLVED THAT the Town of Torbay adopt the auditor’s report and consolidated
financial statements for the year ended December 31, 2010.
Question called. Motion carried unanimously.
259-11
Motion – Councillor Tapper / Councillor Roche
RESOLVED THAT the Town of Torbay approve the Financial Report, dated June 13 –
24, 2011, as presented.
Question called. Motion carried unanimously.
Councillor Tapper thanked CAO Dawn Chaplin and Accounting Coordinator Lisa Niblock for
their assistance and great help working with the Town’s auditor. He advised that the Town will be
starting the finance and budget process this year in August.
Human Resources and Administration
Councillor Byrne reported that the Heritage, Culture and Arts Coordinator, Contessa Small, had
applied for funding for 16 positions this year, and received funding for all positions. This includes
positions for the museum, plays and musicals.
Planning and Land Use
260-11
Motion – Councillor Smith / Councillor Roche
RESOLVED THAT the Town of Torbay approve the Minutes of the Planning and Land
Use Development Committee Meeting, dated June 23, 2011, with the following change:
Item 1. a) the motion to proceed with the next step of the amendment process concerning
Municipal Plan Amendment No. 18, 2011, and Development Regulations Amendment No.
37, 2011, be deferred.
Question called. Motion carried unanimously.
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261-11
Motion – Councillor Smith / Councillor Roche
RESOLVED THAT the Town of Torbay defer the next step of the amendment process
concerning Municipal Plan Amendment No. 18, 2011, and Development Regulations
Amendment No. 37, 2011, under Item 1 a) of the Planning and Land Use Development
Committee Minutes, dated June 23, 2011. {Motion read: to proceed with the next step of
the amendment process, which is to send Municipal Plan Amendment No. 18, 2011, and
Development Regulations Amendment No. 37, 2011 to Municipal Affairs for Provincial
Review/Release. These amendments pertains to the removal of livestock buffer circles
throughout the Town with the exception of the buffer surrounding Connors Diary Farm
(this buffer will be reduced to 200 meters) and the buffer circle around Ryan’s Farm (this
one remain as is for now). The amendments also pertain to the rezoning of a 600 meter
wide strip of land (300 meters on either side of Bauline Line) from Rocky Brook Bridge
West to the Towns boundary line changing the land use zoning from Rural (RUR) to
Residential Large Lot (RLL)}.
Question called. Motion carried unanimously.
262-11
Motion – Councillor Smith / Councillor Roche
RESOLVED THAT the Town of Torbay approve the Building Application Report, dated
June 23, 2011, as presented.
Question called. Motion carried unanimously.
263-11
Motion – Councillor Smith / Councillor Roche
RESOLVED THAT the Town of Torbay approve the Business Application Report, dated
June 23, 2011, as presented.
Question called. Motion carried unanimously.
Councillor Tapper discussed Gosse’s Pond and Motion Estates Development. He
discussed covenants that are going to be written in deeds concerning buffer zones. He
discussed the importance on a go-forward basis that covenants clarify to property owners
what they can and cannot do as it relates to buffer zones. People need to be made aware.
Public Works
No Reports or Motions.
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June 28, 2011
Parks, Recreation and Community Services
264-11
Motion – Deputy Mayor Gallant / Councillor Tapper
RESOLVED THAT the Town of Torbay approve the Minutes of the Parks, Recreation
and Community Services Committee Meeting, dated June 20, 2011, as presented.
Question called. Motion carried unanimously.
265-11
Motion – Councillor Tapper / Councillor Roche
RESOLVED THAT the Town of Torbay have Tract Consulting present the Town Centre
Plan on Monday, July 18, 2011, at 7:00 p.m. to Mayor and Council at the Torbay Town
Hall, pending confirmation of the consultant’s schedule.
Question called. Motion carried unanimously.
Councillor Tapper advised that our Town has been challenged by Portugal Cove – St. Philip’s and
Paradise on Sunday, July 31st – to paddle in paradise. Avalon Dragon Group have races planned;
and the Town’s Supervisor of Recreation and Healthy Living, Tina Auchinleck-Ryan, is trying to
get a team together from Torbay – she will forward information to everyone. Councillors are
invited to participate.
Technical Services
No report.
SPECIAL COMMITTEES OF COUNCIL
2012 Celebrations
Councillor Roche advised that there will be Minutes for the next Council Meeting. Heritage,
Culture and Arts Coordinator, Contessa Small, will speak to Council on July 18th.
Councillor Roche advised that they did receive approval for their grant application in relation to
the 2012 Hillside Festival events planning – from September to the end of the event.
By Pass Road
Mayor Codner advised that he received a letter form Minister Hedderson, Department of
Transportation and Works; and, he has replied to his letter.
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LIAISON COMMITTEES
Heritage/Museum
Councillor Byrne advised that there is a meeting tomorrow night, June 30th.
Second draft of constitution has been submitted to the Town’s solicitor – Mayor Codner to follow
up.
Jack Byrne Arena
No report.
Northeast Avalon Joint Council
Councillor Roche advised that they met on June 15th. The meeting was well attended by all
regions. Minister Kevin O’Brien was in attendance. Minutes will be circulated after approval
from Committee, in September.
Minutes from meeting in May will be circulated to Council for the next meeting.
Northeast Avalon Regional Plan
Mayor Codner advised that a meeting was held of various municipalities. To date, no follow up
meeting has been set.
Torbay Harbour Authority
Councillor Byrne advised that there is a meeting scheduled for tomorrow afternoon. Minutes will
be in the next Council binder for the next meeting.
Torbay Volunteer Fire Department
266-11
Motion – Councillor Byrne / Councillor Roche
RESOLVED THAT the Town of Torbay approve the Open Air Burning Regulations, as
presented.
Question called. Motion carried unanimously.
Urban Municipalities Committee
Councillor Smith advised that they did have a meeting in Placentia on June 17th and 18th.
Highlights from the meeting included:
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the Executive Director for MNL reiterated that they will be collecting several municipal
policies and posting on site;
there was discussion around municipal ticketing - did have presentation from the
Department of Municipal Affairs;
there were comments around regional workbooks that were sent out some time ago;
Gas Tax – there was an error made in calculations. Government recognized and adjusted
in five-year iterations;
information around the Joint Emergency Preparedness Program and funding opportunities;
Search and Rescue; and,
Urban Economic Summit (MNL) is in the fall, 2011.
NEW BUSINESS
Mayor Codner - Pass
Deputy Mayor Gallant
Deputy Mayor Gallant thanked Staff for the work done with the Town’s financial audit.
He thanked all Municipalities involved with the rally to keep the rescue sub centre in St. John’s.
He thanked everyone who participated, it was a fantastic rally.
Councillor Byrne - Pass
Councillor Roche
Councillor Roche discussed the waste management facility and the recent opening at Robin Hood
Bay. In attendance were NLL Recycling owners and partners, City of St. John’s Mayor, and
Minister Kevin O’Brien. Town to forward letter of congrats to NLL Recycling.
Councillor Smith advised that at the UMC meeting, it was noted with concern that the
representative from the Avalon Region for waste management has not been accepted by
government yet.
Councillor Smith - Pass
Councillor Tapper
Councillor Tapper advised that he received a call from St. Josephs Scout Camp, Camp Carey
Road. There have been a number of break-ins – which happen every year. For public record, he
advised that adjacent to their property, there’s a group in there that have cut down trees and put up
a cabin. Town Staff are investigating.
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With regards to the proposed new depot, he asked that Council get together and do some site
visits.
Councillor Tapper discussed the recent motion for legal opinion on buffer zones – rivers that may
end up as part of building lots. He advised that he did read letter from the Town’s solicitor in
response to that motion and his opinion/information was totally opposite of where he wanted to
go, and Mr. Pittman referenced the Town’s Municipal Plan. Councillor Tapper discussed that he
wanted to look at this matter provincially or federally. He’s hoping that Mr. Pittman’s research on
Motion Estates will be geared more towards buffers and rivers.
He discussed the upcoming development/strategic plan meeting of all Council; and, he
emphasized the importance of this meeting. CAO has come up with dates in September and
everyone should make an effort to attend.
Councillor Whitty - Pass
ADJOURNMENT
267-11
Motion – Councillor Smith / Councillor Byrne
RESOLVED THAT the meeting be adjourned at 9:26 p.m., as there was no further
business.
Question called. Motion carried unanimously.
_____________________________
Mayor
________________________________
CAO/Town Clerk
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