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Order of the Day
Quispamsis Town Council
Regular Meeting
Council Chambers, Quispamsis Town Hall
March 3, 2015, 7:00 pm
Pages
1.
Approval of Agenda
2.
Mayor's Comments
3.
Moment of Reflection
4.
Disclosures of Interest
5.
Presentations
1.
(Jan.20/15) Public Presentation - Homestar Inc. - Rezoning Application 15 Elliot Road - Rural to Highway Commercial
1 - 9
Proposed Expansion of Existing Office & Warehouse Building Located at
11 Elliot Road
1.
Public Presentation Procedure - Guideline
6.
Public Hearings (none)
7.
Minutes of Previous Meetings
1.
February 17, 2015 - Regular Meeting
8.
Unfinished Business (none)
9.
Correspondence
1.
Tom Burns - Thank you to Quispamsis Works Crew - Snow Removal
Efforts
Page 1 of 2
10 - 10
11 - 21
22 - 22
2.
Enterprise Saint John - Thank you to Mayor Driscoll - Regional Oversight
Committee
23 - 25
Notification of Annual General Meeting - April 23, 2015 at 4:30 p.m.
& Town's Invitation to ESJ to Attend April Council Meeting
3.
Key Industries - Thank you & Invitation to Photo Op & Tour of Facility
10.
By-laws (none)
11.
New Business
1.
12.
Award of Community Services Department Vehicle Tenders (3)
26 - 26
27 - 28
Reports
1.
TransCanada Energy East Pipeline Project - Thank you to Quispamsis
Town Council for Support
29 - 29
2.
Operation Lifesaver - Public Rail Safety Week - April 27 to May 3, 2015
30 - 31
13.
Business Arising from Committee of the Whole
14.
Adjournment
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HOMESTAR INC. REZONING SCHEDULE
15 Elliot Road
MUNICIPAL PLAN BY-LAW AMENDMENT NO. 37 – 07
& ZONING BY-LAW AMENDMENT NO. 38-21
Name:
Homestar Inc.
Mark Hatfield
Contact:
Homestar Inc.
11 Elliot Road, Quispamsis NB E2G 2B4
(506) 847-3202
[email protected]
Land Proposed for
15 Elliot Road
PID #30213284
Rezoning:
Proposed Change:
Reason for Change:
PROPOSED AMENDMENT
SCHEDULE:
Council=s Receipt of Application:
Public Presentation:
Rural (RU) to Highway Commercial (HC)
To expand existing office and warehouse building located at 11
Elliot Road. Addition to include two stories to match existing
building with both levels providing 900 sq ft each – lower level
for workshop, upper level for office space.
MUNICIPAL PLAN
BY-LAW AMENDMENT:
ZONING BY-LAW AMENDMENT:
January 15, 2015
March 3, 2015
Refer to PAC
March 3, 2015
Notice issued to Landowners
within 100 meters of property
proposed for rezoning:
March 3, 2015
Public Hearing:
April 21, 2015
1st & 2nd Reading, Consideration of
April 21, 2015
3rd & Final Reading: (Pending
finalization of dev. agreement)
May 5, 2015 pending finalization of developer’s
agreement
March 3, 2015 –Homestar Inc.'s rezoning application be referred to the Planning Advisory Committee, a Public
Hearing date be set for April 21, 2015, and the property owners within a 100 meter radius of the property
proposed for rezoning, be notified of the proposed change.
/cps
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Staff Report
to Council
Date:
January 14, 2015
From: Dwight Colbourne, PTech. – Municipal Planning Officer
Subject:
HOMESTAR Inc. - 15 Elliot Road (PID 30213284) –Rezoning Request from Rural (RU) to Highway
Commercial (HC)
Background and Discussion:
Homestar Inc has submitted a development application to the Town for the expansion of their
existing office and warehouse building located at 11 Elliot Road. As shown on the
accompanying site plan, the proposed expansion will see a portion of the building encroach onto
the adjoin lot, which is also owned by Homestar Inc. via PropertyStar Inc. (the property
management company of Homestar Inc.). The need to rezone the property at 15 Elliot Road in
order to permit the proposed building expansion results the zoning difference between the two
adjacent lots – 11 Elliot Road is zoned Highway Commercial while 15 Elliot Road is Rural. The
current business office and warehouse use at 11 Elliot Road is not a permitted use within the
Rural zone as such a rezoning of 15 Elliot Road to make zoning consistent is required.
The rezoning of the 15 Elliot Road to Highway Commercial would be in keeping with the
general use of the other lots in this area in close proximity to the Palmer Brook Road. The
residential portion of the Elliot Road commences further northeast along the Elliot – about
150metres area. The property at 17 Elliot Road contains a residential home; however is
property is also owned by PropertyStar Inc. as such this proposed expansion will not have any
direct impact on other residential property owners. Furthermore, the size of the proposed
expansion is relatively small in terms of commercial expansions. The addition will be two
storeys to match the existing building with both levels providing 900 sq. ft. each – the lower
level for workshop area and upper level office space. As such it will be unlike to see any
significant changes in traffic volumes to the property, or have any impacts on existing
municipal infrastructure as the building is serviced by private well and septic systems, and the
expansion will not require any changes to the public street or right-of-way.
Based on the size of the expansion and use of office space and workshop/warehouse use an
additional 6 parking spaces will be required. These have not been identified on the site plan
but preliminary review of the site does show ample area to meet the need for additional parking
spaces. This is an item that can be addressed prior to the request moving to the next stage of
the rezoning process.
Staff Report to Council
1
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In order to accommodate the proposed development at this location both a Municipal Plan and
Zoning By-law Amendment by way of a rezoning will be required. The application and
preliminary design package has demonstrated to an acceptable level at this stage that the use
of the land is in keeping with general intent of the municipal plan for this area, and provides
sufficient information to begin a review of the proposal for compliance with the terms of the
Municipal Plan and Zoning By-law. With this in mind, Council can indicate if they wish to
proceed to a Public Presentation stage to commence the required Municipal Plan and Zoning
By-law amendments. The Clerk has produced a proposed schedule for Council’s review and
decision.
Financial Implications:
None have been identified at this time.
Attachment(s):
1. Application Letter requesting a Rezoning of the property at 15 Elliot Road
2. Design Package – Building Plans and Site Plan
Recommendation:
Homestar Inc.’s application to rezone the property 15 Elliot Road from Rural (Ru) to Highway
Commercial (HC) for the purposes of permitting the expansion of their existing commercial
building at 11 Elliot Road be moved to the Public Presentation stage in accordance with Clerk’s
schedule.
Staff Report to Council
2
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Public Presentation Procedure
Community Planning Act, Section 25
The Mayor acknowledges the Council 1. Has been requested and plans to consider amending its Municipal Plan By-law No. 37;
2. Has set this day and place for a Public Presentation; and
3. Notes that objections to the proposed amendment may be made within 30 days of the
Public Presentation Date.



Proponent to make a presentation of their rezoning application proposal.
Following the presentation, Council and/or public may ask questions, keeping in mind
THIS IS NOT the time to hear objections, but rather an opportunity to gather
information on the proposal.
A motion would be in order to refer the proposed Municipal Plan Amendment to a
subsequent regular meeting, at least 30 days from this date, to allow public input in
accordance with the rezoning schedule.
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QUISPAMSIS TOWN COUNCIL
REGULAR MEETING
MINUTES
February 17, 2015, 7:00 pm
Council Chambers
Quispamsis Town Hall
Members Present:
Mayor G. Murray Driscoll
Councillor Gary Clark
Councillor Lisa Loughery
Councillor Kirk Miller
Councillor Emil T. Olsen
Councillor Pierre Rioux
Councillor Beth Thompson
Members Absent:
Deputy Mayor Libby O'Hara (out-of-Province)
Staff Present
Deuville, Susan; Acting CAO
Losier, Gary; Director of Engineering & Works
MacInnis, Lisa; RIM Co-ordinator
McGraw, Jo-Anne; Town Treasurer
Snow, Catherine; Town Clerk
1.
Approval of Agenda
Moved by Councillor Clark
Seconded by Councillor Olsen
The agenda be approved as prepared.
Motion Carried
2.
Mayor's Comments
Engineering Award – Mayor Driscoll announced the Town of Quispamsis and exp
Engineering Consultant Ltd. were the proud recipients of an Engineering
February 17, 2015 Regular Meeting
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Excellence Award in the environmental category for the environmental aspects of
the Meenan’s Cove Wastewater Treatment Plant, presented recently at the
Association of Consulting Engineering Companies of New Brunswick Ceremony.
Fundy Regional Service Commission Regional Policing Model Presentation –
Mayor Driscoll referenced the FRSC’s recent request to have BGT Consulting’s
Regional Policing Model presented to Council, as well as its request for direction
from each council to commit the required funds to proceed with a more
comprehensive regional policing study. BGT Consultants time for each
presentation costs in the vicinity of $1000, he said. Additionally, Mayor Driscoll
noted the Saint John Common Council, at its last meeting, turned down pursuing
a comprehensive regional policing study. He asked Council for direction on how
it wished to proceed with this matter.
Moved By Councillor Clark
Seconded By Councillor Olsen
The Fundy Regional Service Commission be informed that the Town of
Quispamsis is not interested in receiving a Presentation from BGT Consulting on
their report entitled, “Request to Develop a Single Police Service Delivery
Model”;
And, the Town of Quispamsis is not interested in allocating funding towards a
Comprehensive Study on Policing;
And further, the Town of Quispamsis respectfully requests the Fundy Regional
Service Commission to no longer pursue the matter of Regional Policing.
funding motion, presentation motion, and discontinuance of this whole process.
Motion Carried
February 15, 2015 Snow Blizzard Event – Mayor Driscoll complimented the
Town’s Works Crew for the great job they did on cleaning up from the February
15, 2015 blizzard storm event.
3.
Moment of Reflection
February 17, 2015 Regular Meeting
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Councillor Rioux led the meeting in prayer.
4.
Disclosures of Interest
No disclosures were declared.
5.
Presentations (None)
6.
Public Hearings
6.1
(Dec.16/14) Route 66 Auto Car Wash – Dr. Jeff Sheppard – Request to
Amend Zoning By-law to Permit A Car Wash Operation as a
Notwithstanding Use on a Portion of 15 Pettingill Road – PID No.
30256226
Dr. Sheppard presented his plans to construct an express tunnel car wash
on 0.86 acres of property situated at the corner of Greenwood Drive and
Pettingill Road, identified as a portion of 15 Pettingill Road. He and his
business partner, Bob Walsh, plan to offer a superior product through a
safe, fast and effective car wash with vehicles waiting only five to six
minutes in line. The proposed car wash would have two full time
attendants, convenient hours of operation and a clean well maintained
site. The proposed wash tunnel will be 80 feet long by 20 feet wide with a
16 foot wide equipment room separating the tunnel from self-serve bays.
Water consumption requirements, he said, for the proposed car wash
during a peak wash week, based on similar operations and the seasonal
climate, would be 40,000 gallons. The site will contain a 25,000 gallon
reservoir tank which will feed the car wash. The tank will be replenished
each week with one 6,000 gallon tanker of water which will be delivered
during non-peak hours as to not hinder traffic flow. Water will also be
reclaimed and reused from the car wash tunnel at an approximate total of
17,000 gallons per week. Rain water from the building roof will be piped
into the reservoir tank yielding 200 gallons per week. The remaining well
water requirement is a well that can produce 1.66 gallons/minute of water
to top up the tank on an as needed basis. He noted it is anticipated
Monday – Thursday to have a surplus of water which will accumulate in
the reservoir tank for use during higher wash volumes on the weekends.
With this in mind, the car wash will not be drawing from ground water 24/7
but only as required to top up the reserves. The well pump will be on a
February 17, 2015 Regular Meeting
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timer, Dr. Sheppard said, so as to not pump continuously. According to
the New Brunswick’s Well Drilling Report of nine properties within 150
meters of the proposed site on Pettingill Road, the average well depth is
203 feet which produced an average of 3.6 gallons of water per minute.
In response to Councillor Clark, Dr. Sheppard stated the site will well lit
with downward cast lighting, and a contractor will be responsible for snow
clearing, and/or snow removal.
In response to Councillor Miller Dr. Sheppard advised a treed buffer will
separate the car wash operation from neighbouring residential properties.
Letter of Objection Received from Brian & Stephanie Patterson, 13
Coventry Crescent and Angus & Mary MacMillan, 15 Coventry Crescent –
The Patterson and MacMillans’ letter expressed concern about sufficient
well water to accommodate a car wash, and asked that Council require an
adequate hydrogeological report that clearly indicates the proposed
development will not have an adverse impact on the local groundwater
table.
Mayor Driscoll called for anyone wishing to speak for or against the
proposed Zoning By-law Amendment.
Mr. Raymond Mosway of 30 Greenwood Drive – Expressed his
opposition to the proposed car wash, noting he has concerns about the
groundwater consumption, oil and salt contaminants, noise from idling
vehicles and added GRH, and safety issues relating to traffic. He also
noted there are three other car washes within close proximity of this
location, and wondered why consideration was not given to a site on
municipal water.
Brian Kierstead, 20 Greenwood Drive – Expressed his concern with the
proposed location, suggesting the area behind the Shoppers Drug Mart
would be a better location. He liked the idea of an express carwash, but
not on the same water table as the Longwood Park Subdivision. He also
noted the high snowbanks currently on the corner of Greenwood Drive
and Pettingill Road, and feels if the proposal is approved, it should be
conditional upon snow being removed from the site so as to not hinder
February 17, 2015 Regular Meeting
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visibility at the Greenwood Drive/Pettingill Road intersection for motorists
egressing out of Longwood Park.
Ms. Collette, 32 Greenwood – Ms. Collett stated she resides next door to
the proposed car wash site. She expressed concerns about water and
pollution, and noted her children’s bus stop is located at the corner of
Greenwood Drive and Pettingill Road. She also expressed concerns
about safety for the children at the nearby daycare who get on and off
their school bus in this area.
Mr. Greg MacIntosh, 22 Jasper Drive – Mr. MacIntosh referenced the
current professional type businesses located along the Pettingill Road, i.e.
dentist office, daycare, pet store, etc., and did not feel the proposed car
wash, which would only provide employment for one or two people, was
the best use for this property.
Mayor Driscoll asked three (3) times if anyone further wished to speak on
the proposed Zoning By-law Amendment No. 38-20. No one spoke
further.
Dr. Sheppard advised the proposed car wash operation would have oil
separators so that oil would not be discharged into the municipal sewer
system. Additionally, only mild or biodegradable cleaning agents would be
used. He acknowledged the Water Consumption Analysis would still need
to be followed up by an official hydrogeological study to determine the
water quantities at 15 Pettingill Road in comparison with the water
requirements needed to support the proposed express car wash
operation.
PAC’s Written Views – A Notice of Decision from the Planning Advisory
Committee expressed its support of the proposed By-law Amendment No.
38-20 to permit the proposed Auto Car Wash through a Notwithstanding
Clause at the corner of the Pettingill Road and Greenwood Drive, subject
to the following conditions:
1) The by-law amendment is approved by Council;
2) A full comprehensive traffic flow analysis will be required;
February 17, 2015 Regular Meeting
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3) A detailed comprehensive water supply and source assessment report by
a certified professional engineer is to be completed and submitted;
4) A detailed report demonstrating how the property can support the
underground tank storage infrastructure;
5) A site design showing the creation of the buffering zone as it relates to
the neighboring residential zones must be approved by the Town prior to
construction;
6) The owners of the Route 66 Car Wash enter into a Developer’s
Agreement with the Town of Quispamsis;
7) The car wash facility must meet or exceed the Guidelines of the NB
Department of Environment & Local Government which could include but
are not limited to the following:
a. Wash must be located such that adjacent property owners and
groundwater users are not impacted;
b. Only mild detergents or cleaning agents which are biodegradable
shall be used;
c. No petroleum solvents shall be used or permitted on the site;
d. No washing of engines, undercarriages, or other articles which
are, or are likely to be contaminated with oil or grease;
e. A back-flow prevention device shall be installed and maintained
between the wash facility and any public water source;
f. A wash water treatment system shall be installed and maintained
and all wash water shall be disposed of through the wash water
treatment system which includes the following:
i. An impervious asphalt or concrete surface graded to a
catch basin locate within this surface;
ii. A sand and grit interceptor which shall be periodically
cleaned from the system;
iii. An oil/water separator.
8) Signs are to be posted alerting customers that dumping unwanted oil and
hazardous substances into the drain or on the ground is a crime;
9) Access and egress to Greenwood Drive is granted provided the driveway
is not within eleven meters (11m) of the intersection and a traffic study
proves there will be no queuing on Greenwood or the Development will
not introduce significant changes to traffic flow patterns as associated
with a local street; and
February 17, 2015 Regular Meeting
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10) Exterior lights to be downward directed.
Moved By Councillor Thompson
Seconded By Councillor Olsen
First reading be given to proposed Zoning By-law Amendment No. 38-20, and
directed that a formal request be issued to the developer for a comprehensive
engineering hydrogeological water study as well as a traffic analyses prior to
consideration of second reading. Subsequent to second reading of the proposed
by-law amendment, Staff will negotiate with the developer the terms and
conditions of a finalized developer’s agreement prior to Council’s consideration of
third and final reading.
Motion Carried
7.
Minutes of Previous Meetings
7.1
February 3, 2015 - Regular Meeting
Moved By Councillor Olsen
Seconded By Councillor Clark
Minutes be approved as prepared.
Motion Carried
8.
Unfinished Business
8.1
(Jan 20/15) Nominating Committee’s Recommendations Re Town
Committee Appointments
Moved By Councillor Thompson
Seconded By Councillor Loughery
Council accept the Nominating Committee’s following recommendation:
1. Emergency Measures Planning Committee - Extend Brian Shanks & Michael
Brennans’ appointments to June 30, 2016, and Appoint Susan Deuville, as a
new Member, effective immediately and expiring June 30, 2016;
2. PAC – Extend Mark Hatfield & Darin Lamonts’ appointments to January 31,
2016;
February 17, 2015 Regular Meeting
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3. KV Fire Board – Extend Brian Shanks’ appointment to June 30, 2016;
4. Kennebecasis Public Library Board – Extend Phil Pugsley’s appointment to
January 31, 2017; & Appoint Jennifer Arsenault for a term effective March 1,
2015 and expiring January 31, 2017; and,
5. A letter of thanks be issued to Ms. Denise Brennan for her years of dedicated
service, (11) as a Quispamsis Representative to the Kennebecasis Public
Library Board.
Motion Carried
9.
Correspondence (None)
10.
By-laws (None)
11.
New Business:
11.1
Framework and Implementation Plan for a Waste Packaging and Paper
Stewardship Program Across Atlantic Canada ( EPR - Extended Producer
Responsibility)
Mayor Driscoll summarized an Information Session Recycle NB presented
to the Quispamsis and Rothesay Councils earlier in the evening re a
possible future recycling program for packaging, plastics and printed
paper.
The proposed stewardship model, common in many other
Canadian Provinces, and known as an Extended Producer Responsibility
Program, would shift the costs of product recycling from governments and
taxpayers to the product producers, similar to the current tire and paint
recycling programs in New Brunswick. Recycle NB in 2014, had led a
study on packaging and printed paper in partnership with other Atlantic
Provinces, (available on Recycle NB’s website).
Mayor Driscoll noted the primary advantages of this model, namely, are –


It creates a partnership among governments, industry and stakeholders
for recycling;
Taxpayers are relieved of the significant costs related to the recycling of
packaging and printed paper products;
February 17, 2015 Regular Meeting
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
Municipalities/regional authorities continue to be a primary player with
decision-making responsibilities over program design, operation and
practices;
The producers of products bear the primary responsibility for managing
the end of life waste management of their products.
In summary, Mayor Driscoll concluded this model has already been adopted in
Ontario, Quebec, Manitoba and British Columbia, with other Provinces looking at
implementing similar programs.
Moved By Councillor Thompson
Seconded By Councillor Clark
Whereas, Quispamsis has had an Information Session given by Recycle
New Brunswick, and
Whereas there are already several models for the Recycling Plastic
Printed Paper (PPP) as an Extended Producer Responsibility (EPR)
programs implemented across the country, which could serve as a
template for New Brunswick; and,
Whereas, Quispamsis has been and continues to investigate curbside
recycling,
Be it Resolved:
The Quispamsis Town Council endorses the Extended Producer
Responsibility Program - “Plastic and Printed Paper Management” and
requests Recycle NB to continue the legislative process with a planned
implementation date of January 1, 2017.
And further that Council's resolution be forwarded to the Minister of
Environment & Local Government, the Town's MLA's, Recycle NB, the
Regional Service Commission, Town of Rothesay.
Motion Carried
11.2
Ritchie Lake Sewer Collector Project - Approval to Proceed with Part B
Moved By Councillor Olsen
Seconded By Councillor Thompson
February 17, 2015 Regular Meeting
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Council accept Staff’s recommendation to authorize Crandall Engineering
Ltd. to proceed with Part “B” Detailed Design & Specs for the Upset Fee of
$137,100.00 (plus HST), in order to more accurately identify land
requirements, complete final designs and prepare tender documents that
will be ready for issue once final BCF-SCF Grants are approved, and
further, it would be the appropriate time in the process to identify potential
land requirements, and have the consultants work with the Town Solicitor
to obtain required properties or easements; with the subsequent award of
Part “C” requiring final approval of Council prior to proceeding.
Motion Carried
12.
Reports
12.1
12.2
12.3
12.4
12.5
12.6
12.7
12.8
12.9
12.10
Data Privacy Day – January 28, 2015 – Office of the Access to Information & Privacy
Commissioner
Elementary Literacy Inc. (ELF) – Erin Schryer – Thank you
Salvation Army Hope in the City Breakfast – Thank you
Premier Brian Gallant – Thank you for Election Congratulatory Letter
KRJBPC’s Meeting Minutes of November 26, 2014 Meeting
2015 East Indian Dinner Charity Auction Sponsorship Package
KVFD Inc.’s December 10, 2014 Meeting Minutes & Financial Report
Town of Quispamsis – Building Report – January 2015
Planning Advisory Committee Minutes – January 13, 2015
Saint John Coalition for Tourism Growth NB
Moved By Councillor Clark
Seconded By Councillor Thompson
Reports be received and filed.
Motion Carried
13.
Business Arising from Committee of the Whole
13.1 Enterprise Saint John – Request to Make Presentation to Council
February 17, 2015 Regular Meeting
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Moved By Councillor Olsen
Seconded By Councillor Miller
ESJ be invited to attend and make presentation in open session of Council on
their current status and future plans.
Motion Carried
14.
Adjournment
Moved By Councillor Rioux
Seconded By Councillor Miller
Meeting adjourn to Committee of the Whole
Motion Carried
BACK TO OPEN SESSION
Moved By Councillor Thompson
Seconded By Councillor Clark
Meeting adjourn.
Motion Carried.
Meeting adjourned at 9:10 p.m.
X
X
G . M u r r a y D r is c o ll
M ay or
C a t h e r in e P . S n o w
C le r k
February 17, 2015 Regular Meeting
Page 11
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Staff Report
to Council
Date: February 26, 2015
From: Dana Purton Dickson
Subject:
Community Services Department Vehicle Tenders
Background and Discussion:
The following is a summary of the results of the public tenders for the supply of three (3) new
vehicles for the Community Services Department.
The Tenders were advertised in accordance with our purchasing policy, and in reviewing the
submitted bids for compliance with our specifications it was determined that the low bids meet
all of the required specifications and it is subsequently recommended these bids are acceptable.
The results are as follows (HST is included):
1.
2015 Heavy Duty (H.D.) 3/4 Ton Crew Cab 4 x 4 Truck
Downey Ford $37,928.97 (HST Incl.)
Dobson Chrysler - $43,157.48
2.
2015 Half Ton Regular Cab
Downey Ford $27,502.74 (HST Incl.)
Toyota $28,440.36
3.
New 2015 Mid Roof ¾ Ton Long Wheel Base Van
Downey Ford $38, 406.96 (HST Incl.)
Financial Implications:
The Town budgeted $90,000 in the 2015 Capital Budget for these three vehicles. The tender
totals equal $103,383.67. With the Town’s portion of the HST rebate taken into account the
total purchase cost will be $95, 042.71.
Staff has been tracking the prices for these vehicles the past several months and have observed
the prices increasing as the value of the loonie has been decreasing. Staff plan to make up the
$5,000 difference in pricing on another capital project.
Staff Report to Council
1
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Attachment(s):
Recommendation:
To award the tenders of the three vehicles for the Parks and Facilities Department to Downey
Ford for a total of $103,838.67 including HST.
Staff Report to Council
2
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