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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
