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					                              TOWN OF ROTHESAY
                                          OPEN SESSION
                                        Monday, April 22, 2002
                                            MINUTES

PRESENT:       MAYOR WILLIAM J. BISHOP, Chairperson
               DEPUTY MAYOR PAUL BARRY
               COUNCILLOR SCOTT COCHRANE
               COUNCILLOR TERRY KILFOIL
               COUNCILLOR NORMA MULLETT
               COUNCILLOR DON SHEA
               COUNCILLOR JOHN SIMSON
               COUNCILLOR TOM YOUNG

               TOWN MANAGER JOHN JARVIE
               TOWN CLERK MARY JANE BANKS
               TOWN PLANNER GRAHAM CHAPMAN

ABSENT:        DIRECTOR OF OPERATIONS SCOTT HATCHER

PUBLIC HEARINGS:
Proposed Zoning By-law 2-02          Rothesay
Documentation:
DRAFT                                Zoning By-law 2-02
28 March 2002                        1st Section 68 advertisement Telegraph Journal
16 April 2002                        2nd Section 68 advertisement Telegraph Journal

Appearances:                         Mr. John Jarvie, Town Manager

Mayor Bishop called the Public Hearing to order at 8:02 p.m. and provided instructions.

Town Manager Jarvie gave a presentation to Council outlining the draft Zoning By-law 2-02.
Mr. Jarvie focused on the structure of the By-law and provided a summary of the various zones
and special conditions. The presentation focused on the following: Administration,
Interpretation, General Provisions, Zones, Special Provisions, and Schedules to the By-law. Mr.
Jarvie summarized the following zones: Residential, Special Area (Counc. Kilfoil left the
meeting at 8:20 p.m.), Commercial, Institutional, Industrial, Rural, Recreation and concluded
with Special Conditions.

Questions from Council members focused on the following: Schedule B – fee structure;
Neighbourhood Commercial to be limited to 1 kilometre apart; Section 5.6.7 – number of
parking spaces for mobility disabled; and clarification on “home occupations” limitations.

Mayor Bishop called three times for those wishing to speak in favour of the proposal.

Mayor Bishop called three times for those wishing to speak in opposition to the proposal. The
following people spoke: Mr. Craig Smith – Healthy Path Allergy Clinic (116 Hampton Road),
Mr. Franklin Leger (15 Almon Lane). The following comments were made: regulations used to
determine size of mobility disabled parking spaces and the requirement in Section 5.6.4 iii) is a
substantial requirement for small business owners; (Counc. Kilfoil returned to the meeting at
8:46 p.m.) and clarification on the location for “adult entertainment”.

MOVED by Counc. Cochrane and seconded by Deputy Mayor Barry the Public Hearing be
adjourned.
                                                                      CARRIED.

The Public Hearing adjourned at 8:49 p.m.
Open Session
Meeting Minutes                                -2-                             22 April 2002


Mayor Bishop called the Special Session of Council to order at 8:50 p.m.

1.     APPROVAL OF AGENDA
       MOVED by Counc. Young and seconded by Counc. Shea the agenda be approved as
       circulated, with the following addition:
               Item 3.2 – Fundy Region Solid Waste Commission.
                                                                       CARRIED.

2.     UNFINISHED BUSINESS
       2.1  BY-LAWS & AGREEMENTS
            2.1.1 Kent Building Supplies – Campbell/Millennium Drives
                     Reading in Entirety, 3rd Reading and Enactment By-law 16-01
                  Zoning By-Law Amendment
                     Draft Developer’s Agreement
                  19 April 2002       IOM from Town Manager

       MOVED by Counc. Young and seconded by Counc. Shea the matter be removed from
       the table.
                                                                         CARRIED.

       MOVED by Counc. Cochrane and seconded by Counc. Shea By-law 16-01, “A By-law to
       Amend the Zoning By-law (No. 73 – former Village of Fairvale)” be Read in its Entirety.

       ON THE QUESTION:
       Counc. Cochrane noted the developer’s agreement had not been reviewed by the Planning
       Advisory Committee and suggested they provide comments for the next Council meeting
       on May 13, 2002. Counc. Simson asked if the Town was satisfied with the results of the
       studies done in the area. Town Manager Jarvie advised the reports had been received
       prior to enactment of the Municipal Plan amendment required for the development and a
       blanket exemption had been requested from the Department of Environment and Local
       Government.
                                                                                 CARRIED.

       The Clerk read By-law 16-01 in its entirety.

       MOVED by Counc. Cochrane and seconded by Counc. Simson 3rd Reading, by Title, and
       Enactment be given By-law 16-01, “A By-law to Amend the Zoning By-law (No. 73 –
       former Village of Fairvale)”, subject to a satisfactory developer’s agreement.
                                                                                      CARRIED.

       The Clerk read By-law 16-01 by Title.

       MOVED by Counc. Cochrane and seconded by Counc. Shea Council refer the
       developer’s agreement for the Kent Building Supplies proposal to the Planning Advisory
       Committee for review and comments prior to the Council meeting on May 13, 2002.

       ON THE QUESTION:
       Counc. Kilfoil recognized the work the Planning Advisory Committee does for Council.
                                                                                 CARRIED.
Open Session
Meeting Minutes                              -3-                                22 April 2002


              2.1.2   By-Law 1-02          Municipal Plan By-Law (Previously provided)
                      Reading in Entirety, 3rd Reading and Enactment
                      4 April 2002         IOM from Town Clerk
                      19 April 2002        IOM from Town Manager/Town Planner

       MOVED by Counc. Cochrane the matter be removed from the table.
                                                  Motion lost due to lack of a seconder.

3.     NEW BUSINESS
       3.1  BUSINESS ARISING FROM PUBLIC HEARING
            3.1.1 By-Law 2-02          Rothesay Zoning By-law
                     1st and 2nd Reading by Title, By-law 2-02
                  19 April 2002        IOM from Town Manager
                  19 April 2002        IOM from Town Clerk

       MOVED by Counc. Simson and seconded by Counc. Young 1st Reading, by Title, be
       given By-law 2-02, “Rothesay Zoning By-law”.
                                                                        CARRIED.

       MOVED by Counc. Young and seconded by Counc. Kilfoil Council authorize the Clerk
       to proceed with placing the 4 advertisements, as required under Section 12 of the
       Municipalities Act, R.S.N.B. (1973), Chapter M-22 and amendments thereto, with respect
       to By-law 2-02.
                                                                                 CARRIED.

       3.2    Fundy Region Solid Waste Commission
       Counc. Simson asked about the status of the General Manager’s position. Counc. Shea
       advised the Commission will likely decide to place advertisements in the region over the
       next two weeks to fill the position of General Manager.

4.     DATE OF NEXT MEETING
       The next regular meeting of Council will be Monday, May 13, 2002 at 8:00 p.m.

5.     ADJOURNMENT
       MOVED by Counc. Young and seconded by Deputy Mayor Barry the meeting be
       adjourned.
                                                                    CARRIED.

The meeting adjourned at 9:06 p.m.




MAYOR                                              CLERK

				
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