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March, 2007










A regular meeting of Council was held on Monday, March 05, 2007, 7:00 p.m. at the Community Centre, Trinity.

Members Present: .
Mayor Jim Miller.
Deputy Mayor Eric Coleridge
Councillor Scott Goldsworthy
Councillor Paulette King
Councillor Joan Kane
Councillor Tineke Gow
Town Clerk Linda Dalton
Fire Chief Fred Goldsworthy
Delegates:
Scott Hurdle, Albert Hiscock, David Marsh, Gerald Hiscock

Meeting called to order at 7:00 p.m.
Motion 2007-03-12: was made by Councillor Kane to accept the agenda, it was seconded by Councillor Gow. All in agreement, motion carried.
Motion 2007-03-13: was made by Councillor King to adopt the minutes of February 05, 2007 it was seconded by Councillor Goldsworthy. All in agreement, motion carried.
Business Arising:
Emergency & Disaster Plan - Town Clerk explained that she has left several messages with Paul Peddle but he has not returned them and she will keep trying.
Shells & Fins - Mayor Miller read correspondence received from Corrie Davis, Senior Planner with Municipal Affairs and council were still uncertain and asked the Town Clerk to contact Mr. Pippy and ask for further information. Council will review when information is obtained. .
Mayor Miller explained that the Finance Committee met and decided that the payment of the improvement tax of $120.00 would not be denied for 2007 but would be reviewed before submitting 2008 budget.
Mayor Miller explained that he attended the Local Action for Developing Regions workshop held in Clarenville on February 16 and 17. He went on to say that it was an interesting workshop but geared more around larger municipalities.
Seagull Construction - Mayor Miller explained that Seagull Construction are in the process of applying to Crown Land for the property near the Fire Department.

Fire Department - Fire Chief Fred Goldsworthy explained that all members of the fire department are trained and have their air brake licence. He went on to explain that the department had an election of officers on March 1st. All members hold their current positions, except for one change Tony Broaders has taken John Goldsworthys position as secretary. Mr. Goldsworthy said he had a complaint that the fire hydrants were not shoveled out so he investigated but found they were all cleared.
Mr. Goldsworthy explained that he would need to contact Valmin Fire Protection again to order rechargeable fire extinguishers so the department can refill them themselves in order to reduce costs. Fire Chief to contact Valmin and order extinguishers.

Water & Sewer update - Town Clerk informed council that maybe we should have a time frame on water being shut off and turned on. Mayor Miller explained that if we do not put something in place the Town will be covering the cost to have curb stops visible. A discussion took place and Motion 2007-03-14: was made by Councillor Kane to make an amendment to the Water and Sewer Policy Manual for residents to be responsible to have curb stops visible at their cost before water will be turned on or off, it was seconded by Councillor Gow. All in agreement, motion carried.

Correspondence Received
a) NLFM Re: Asking for a contribution towards mortgage payment in the amount of $48.14 for the next three years. Feb 13/07 - File
b) Eastern Health Re: Workshop Common Threads: The Ties That Bind on March 31st, from 9 - 3 in Port Union. Feb 14/07 - File
c) Dept. of Government Services Re: Removal of the boil water advisory. Feb 15/07 - File
d) NLAMA Re: Reminder of the 2007 convention and trade show. Feb 16/07 - Town Clerk to register.
e) George Squires Re: Request not to be charged water tax on both cabins. Feb 18/07 - Council discussed this matter and realized that other residents are not using the Town water supply and if Mr. Squires is to be exempt from water tax other residents would be exempt as well. Town Clerk to write Mr. Squires and explain that his request was denied.
f) Bonavista Area Chamber of Commerce Re: Trinity be part of the Chamber. Feb 18/07 - File
g) Colin Holloway Re: Community Engagement Session re-scheduled for March 22, from 7-9 at the Bonavista campus. Feb 23/07 - Mayor Miller to attend.
h) PEGNL Re: Information document on engineering and architecture roles. Feb 23/07 - File
i) Mills Hussey & Pittman Re: Austin Verge poll tax. Mar 01/07 - A discussion took place and council decided that Mr. Verge has to use Trinity as the main starting point for his job every day and he does not pay to a Local Service District therefore his request was denied. Town Clerk to write Mr. Verge and cc. to Mills Hussey & Pittman.
j) Cruise NL Re: Annual Membership Fee invoice. Mar 01/07 - File
k) Tidy Towns Re: Town of Trinity participating in Tidy Town. Mar 01/07 - Council felt the town was not ready for Tidy Towns and would look at it for another year.

Outgoing Correspondence
- Letter to Chris ODea denying request to have improvement tax waived. - File
- Town newsletter to residents.
- Fire Department newsletter to residents.
Motion 2007-03-15: was made by Councillor King to accept the incoming and outgoing correspondence, it was seconded by Councillor Kane. All in agreement, motion carried.

Invoices For Operating Account from February 3rd, to March 2nd, 2007
Total invoices needing approval in Operating Acct. $23,839.42
Income for Operating Account from February 3rd, to March 2nd, 2007.
Total Income for Operating Account $48,052.65
Motion 2007-03-16:
was made by Councillor Goldsworthy to pay the outstanding invoices in the operating account and accept the finances in the operating account, it was seconded by Councillor Kane. All in agreement, motion carried.

Total Invoices needing approval in the Capital Account $ 48,563.12
Total Income for Capital Account $3,347.68
Finances:

Status of bank account:
Operating Acct. March 2, 2007 $83,319.68
Capital Acct. March 2, 2007 $1,111.11
Trinity Day Festival March 2, 2007 $2,165.68
Motion 2007-03-17:
was made by Councillor King to hold the invoices in the capital account until funding became available and to accept the finances, it was seconded by Deputy Mayor Coleridge. All in agreement, motion carried.

General/New Business
Gerald Hiscock - Mr. Hiscock explained that he felt the commissioner the town hired (Melvin Kelly) for the public hearing to deal with Municipal Plan Amendment No. 5, 2006 and Development Regulations Amendment No. 5, 2006 was in a conflict of interest. Mr. Hiscock notified council that he informed Mr. Kelly of this prior to starting the hearing but no council members were present so the hearing went ahead. Mayor Miller explained that council did not have to be present as they had no say at the hearing. Mr. Hiscock went on to explain that Mr. Kelly had a business in the town for many years and never paid any business tax. The Town Clerk clarified for Mr. Hiscock that Mr. Kelly paid a business tax to the town when he operated his business. The Town Clerk also informed Mr. Hiscock that Melvin Kelly does not own land in the town he only leased a building from his brother to operate his business, and the business did not operate for the last two years.
Mayor Miller explained to Mr. Hiscock that council did not feel that Mr. Kelly was in a conflict of interest and the Department of Municipal Affairs verified this for the town. Mr. Hiscock asked for this in writing and Mayor Miller said he would write Mr. Hiscock.
Mr. Hiscock also explained that he felt Melvin Kelly would be in a conflict of interest if he is going to be a commissioner for the Municipal Assessment reviews. He went on to explain that Mr. Kelly has a brother who lives in Trinity/Goose Cove and this should be reviewed prior to the hearings. Mayor Miller explained that this would be reviewed prior to the assessment hearings.
Mr. Hiscock request to have some of councils time to discuss Seagull Construction and the temporary permit that was issued. Council agreed to let Mr. Hiscock have the floor. Mr. Hiscock questioned the zoning of the area, who owned the land and how much of the rail bed belonged to the Town.
Mr. Hiscock informed the council that the shed Seagull Construction had up was zoned Community Services and this type of business would not be allowed without amending the Town Plan. The Town Clerk explained that when she looked at the map she thought the property in question was zoned Mixed Development. Mayor Miller explained that this would be reviewed by council.
Mr. Hiscock questioned who the land belonged to, he went on to say that if the land is Crown Land then this council should apply for squatters rights as he was under the impression that it belonged to the town. Mr. Hiscock explained that this council should not be giving away land to a business from St. Johns. Mayor Miller explained that any new business is welcome in the Town no matter where they may be from as any extra revenue that can be generated would be an asset for the Town in terms of new business and property tax. However Mayor Miller also pointed out that any new business that wants to set up in the Town will have to follow the appropriate channels and be reviewed by council first to ensure that they meet all the proper regulations.
Town Clerk explained to council that she was not sure whom owned the land but from looking at the documents in the safe deposit box at the bank it looked as though the land in question was Crown Land. She went on to explain that she would check with Barrow and Hodder Survey Ltd., to seek more information. The Mayor and Deputy Mayor will go to the bank and review documents.
Mr. Hiscock then questioned how much of the rail bed belonged to the town. Mayor Miller explained that these documents were at the bank and would be reviewed before the next meeting.
Mayor Miller explained that the temporary permit that was issued to Seagull Construction expired on March 31, 2007. He went on to explain that council will review and investigate before any new activity occurred.

Town Clerk requested to borrow the remainder of the Towns share of the water and sewer funding to pay some of the outstanding invoices in the capital account. She explained that this was the last amount to borrow on the Towns behalf. Motion 2007-03-18: was made by Councillor Kane to borrow from the Royal Bank the remainder of the Towns share of funding in the amount of $17,957.00, it was seconded by Councillor Gow. All in agreement, motion carried.

Request from Steven Jeans to build a fence on his property in historic Trinity. Approved based on following the heritage policies.

Deputy Mayor Coleridge notified council that the heritage committee met on March 1st and had no objections to the following proposed plans (Trinity Mercantile, Mary Clarke & David Whisherd, and Katharina Frasure) as all three met the heritage regulations.

Request from Ian White to redesign Trinity Convenience to Trinity Mercantile - Motion 2007-03-19: was made by Councillor King to approve Ian Whites request to redesign Trinity Convenience as per drawings presented, it was seconded by Councillor Kane. All in agreement, motion carried.

Request from Mary Clarke/David Whisherd to add another storey - Motion 2007-03-20: was made by Councillor Gow to approve the plans that were presented by Mary Clarke and David Whisherd, it was seconded by Deputy Mayor Coleridge. All in agreement, motion carried.

Request from Katharina Frasure to build a new house -Motion 2007-03-21: was made by Councillor Kane to approve the plans presented by Katharina Frasure to build a new house with the following set-back as required, it was seconded by Councillor Gow. All in agreement, motion carried. Town Clerk to put specific guidelines for set back requirements in the letter of approval.

Ian Whites proposed business plan for Trinity Mercantile was presented to council. The business will include a convenience store/coffee and deli. Motion 2007-03-22: was made by Councillor Gow to approve the business proposal for Trinity Mercantile to include a convenience store/coffee and deli, it was seconded by Deputy Mayor Coleridge. Gerald Hiscock questioned as to whether or not enough parking was sufficient for the business. A discussion took place and Deputy Mayor Coleridge explained that this business was grand fathered in as it had sufficient parking for the previous business. All in agreement, motion carried.

The next regular meeting will be April 2, 2007 at 7:00 p.m. in the Community Centre.

Motion 2007-03-23: was made by Councillor Kane to adjourn the meeting at 8:05 p.m., it was seconded by Councillor Gow. All in agreement, motion carried.

February, 2007













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