2017June12OpenSessionFINAL_001 ROTHESAY COUNCIL MEETING Rothesay Town Hall Monday, June 12, 2017 7:00 p.m. 1. APPROVAL OF AGENDA 2. APPROVAL OF MINUTES Regular Meeting 8 May 2017 Business Arising from Minutes 3. OPENING REMARKS OF COUNCIL 3.1 Declaration of Conflict of Interest 4. DELEGATIONS 4.1 Allison Drive Development Patrick Grannan (See Item 9.1) 5. CORRESPONDENCE FOR ACTION 5.1 18 May 2017 Letter from resident RE: Tree Trimming Refer to staff 5.2 31 May 2017 Letter from resident RE: Rothesay Appointments to Kennebecasis Valley Fire Board 30 January 2017 Email from Town Clerk to resident RE: Procedural By-law inquiry with attachments Refer to staff for a response 5.3 2 June 2017 Letter from Rothesay Elementary School RE: Request for Chicken Coop Refer to staff 5.4 5 June 2017 Letter from the KV Oasis Youth Centre RE: Request for letter of support 19 October 2015 Reference letter of support from the Kennebecasis Regional Police Force Forward letter of support 5.5 6 June 2017 Letter from resident RE: Deer population in Rothesay Refer to staff for a response 5.6 5 June 2017 Letter from the YMCA of Greater Saint John RE: Invitation to attend World Refugee Day Ceremony – June 20, 2017 Council RSVP to YMCA 5.7 27 May 2017 Letter from the Multicultural Association of Saint John RE: Invitation to National Aboriginal Day Celebration June 21, 2017 Council RSVP to Ms. Iverson 6. CORRESPONDENCE - FOR INFORMATION 6.1 19 April 2017 Letter from the Dept. of Transportation and Infrastructure RE: RONA MS (Rec’d 11 May 2017) Bike Tour 2017 6.2 9 May 2017 Email from Fire Chief Ireland RE: Questions from Council 2017June12OpenSessionFINAL_002 ROTHESAY Regular Council Meeting Agenda -2- 12 June 2017 6.3 12 May 2017 Email to/from Beth Wilkinson RE: Presentation thank you 6.4 19 May 2017 Letter to Brian Flood RE: Congratulations 6.5 May 2017 Letter from Touchstone Academy RE: 2017 Amazeatorium Thank You 7. REPORTS 7.0 June 2017 Report from Closed Session 7.1 25 April 2017 Fundy Regional Service Commission (FRSC) Meeting Minutes 7.2 19 April 2017 Kennebecasis Public Library (KPL) Board Meeting Minutes 31 March 2017 KPL Comparative Income Statement April 2017 KPL Building Maintenance Report April 2017 KPL Librarian’s Report 7.3 26 April 2017 Kennebecasis Regional Joint Board of Police Commissioners (KRJBPC) Meeting Minutes 30 April 2017 KRJBPC unaudited Statement of Financial Position 17 May 2017 KRJBPC Call Report 7.4 30 April 2017 Draft unaudited Rothesay General Fund Financial Statements 30 April 2017 Draft unaudited Rothesay Utility Fund Financial Statements 24 May 2017 Draft Finance Committee Minutes 31 May 2017 Donation Summary 7.5 16 May 2017 Draft Rothesay Living Museum Committee Meeting Minutes 7.6 17 May 2017 Draft Public Works and Infrastructure Committee Meeting Minutes Traffic By-law (College Hill Road) See Item 8.3 7.7 17 May 2017 Draft Utilities Committee Meeting Minutes 7.8 5 June 2017 Draft Planning Advisory Committee Meeting Minutes 109-111 Hampton Road - KV Jazz and Blues Festival sponsor vehicles Millennium Drive - Self Storage Facility 7.9 May 2017 Monthly Building Permit Report 7.10 8 June 2017 Capital Projects Summary 7.11 7 June 2017 Annual FCM Conference and Trade Show Report 8. UNFINISHED BUSINESS TABLED ITEMS 8.1 Water By-law (Tabled June 2015) No action at this time 8.2 16 Lot Subdivision off Appleby Drive (Tabled December 2015) No action at this time 8.3 Traffic By-law 1-14 9 June 2017 Memorandum from Town Manager Jarvie 2017June12OpenSessionFINAL_003 ROTHESAY Regular Council Meeting Agenda -3- 12 June 2017 DRAFT By-law 1-14 (Revised) 9. NEW BUSINESS 9.1 BUSINESS ARISING FROM DELEGATIONS 9.1 Allison Drive Development 9 June 2017 Letter from Judith A. Grannan RE: Allison Drive Development 5 November 2015 Letter from Judith A. Grannan RE: Construction on Allison Drive 9.2 2017 Town Hall Photocopier RFQ 6 June 2017 Report prepared by ICT Coordinator Michael Kean 9.3 Highway Usage Permit 201706R010000405 – Taylor Brook Pedestrian Bridge 7 June 2017 Report prepared by DO McLean 9.4 Hampton Road Watermain Schedule 9 June 2017 Memorandum from Town Manager Jarvie 8 June 2017 Report prepared by DO McLean 10. NEXT MEETING Regular meeting Monday, July 10, 2017 11. ADJOURNMENT 2017June12OpenSessionFINAL_004 From: To: Subject: FW: Tree trimming and cleaning Date: May-29-17 4:29:43 PM ---------- Forwarded message ---------- From: Date: Thu, May 18, 2017 at 6:58 PM -0300 Subject: Tree trimming and cleaning To: "Nancy Grant" Dear Mayor Dr. Grant, in a follow up to our conversation on May the 18th, 2017, I explained at that time the problems we are having with trees breaking off from the town's property behind my house. These branches are causing problems as they are falling on the roof of my shed. I haven't been able to get up to the roof to check for any damage. I have brought this to the town' attention before with no results. I'm hoping this problem can be solved in the near future. With thanks, 68 Park Drive, Rothesay 2017June12OpenSessionFINAL_005 27 Burnett Terrace Rothesay,NB E2H lVl May 18,2017 RIECIEllVIED MAY 3 1 2017 Mayor Grant & Members of Rothesay Council ------------ 70 Hampton Road, Rothesay, NB E2E SLS Mayor Grant and Members of Rothesay Council Re: Rothesay Appointments to Kennebecasis Valley Fire Board(KVFB} Rothesay Council has appointed 3 members to the KVFB since the May 2016 election. As a taxpayer of Rothesay and former member of Council, the Nominating committee and the KVFB,I would like clarification from Council on 2 of these 3 appointments. I am not questioning the suitability or qualifications of the individuals appointed but the process in doing so as I recall from my time on Council that compliance with Town Bylaws was of upmost importance. (A} At the July 7,2016 Council meeting, a recommendation was made by Town Manager Jarvie to amend the procedural bylaw on the composition of the Fire Board from 2 "eligible voters"/2 Councillors to 3 "eligible voters"/1 Councillor and appoint Town Manager Jarvie as the third "eligible voter". On page 30 of the procedural bylaw,C-2 of Schedule C clearly states that recommendations to Council for committee appointments are to be made by the Nominating Committee. It would appear that this appointment altered not only the appointment mix that had been in place since 1998 of 2/2 but also was not made in compliance with the Town's procedural bylaw. (B} At the December 12,2016 Council meeting, a motion was made to appoint a second Councillor to the KVFB. This recommendation was made by the Nominating Committee and not by the Mayor as for the earlier Council appointment in 2016.The composition of the Board is now is now 2 "eligible voters" and 2 Councillors. This mix of appointees would be in compliance with the mix before the change to the procedural bylaw in July,2016 but is not in compliance as the bylaw currently stands. It is not clear to me the rationale for changing the bylaw to 1 Councillor and then appointing 2 unless one takes the position that all Councillors are voters. This of course is true but clearly as a minimum not in compliance with the historical practice of the Town and would appear not to be in compliance of the bylaw as it currently reads. I brought the issue in (B) above to the attention of the Town Clerk who responded that the joint fire agreement allows various mixes of representatives. True, this is the case, however Rothesay Counci l chose a mix in July 2016 and the current appointments do not comply with that mix and thus the bylaw. 2017June12OpenSessionFINAL_006 \ I would suggest that Council has to look at the bylaw compliance of the 2 appointments referred to above and whether these appointments have an impact on the validity of actions of the KVFB? il. Cc: Mary Jane Banks, Town Clerk 2017June12OpenSessionFINAL_007 From: Mary Jane Banks To: Subject: FW: Procedural By-Law inquiry Date: January-30-17 8:06:14 AM for your info Mary Jane Mary Jane E. Banks, BComm, NACLAA II Town Clerk - Rothesay Director of Administrative Services 70 Hampton Road Rothesay, NB E2E 5L5 [email protected] p (506)848-6664 f (506)848-6677 P Before printing, please think about the environment Respectez l’environnement, réfléchissez avant d’imprimer Any correspondence with employees, agents, or elected officials of the town of Rothesay may be subject to disclosure under the provisions of the Right to Information and Protection of Privacy Act, S.N.B. 2009, c. R-10.6. From: Mary Jane Banks Sent: January-30-17 8:05 AM To: Subject: RE: Procedural By-Law inquiry Thanks for your comments, . They will be forwarded. Enjoy your day~ Mary Jane Mary Jane E. Banks, BComm, NACLAA II Town Clerk - Rothesay Director of Administrative Services 70 Hampton Road Rothesay, NB E2E 5L5 [email protected] p (506)848-6664 f (506)848-6677 P Before printing, please think about the environment Respectez l’environnement, réfléchissez avant d’imprimer Any correspondence with employees, agents, or elected officials of the town of Rothesay may be subject to disclosure under the provisions of the Right to Information and Protection of Privacy Act, S.N.B. 2009, c. R-10.6. From: Sent: January-29-17 4:33 PM To: Mary Jane Banks Subject: RE: Procedural By-Law inquiry 2017June12OpenSessionFINAL_008 Mary Jane Further to your comment below, it is very true that the agreement allows a choice of the mix but Rothesay by changing its procedural bylaw chose to have 1 Councillor and 3 residents.