Wait a minute - there's no minutes

By Mark Squibb/January 20, 2023

The opening moments of a Witless Bay council meeting are usually pretty unremarkable, as council, like all town councils everywhere, begins each meeting by adopting the minutes of previous meetings. The minutes are an official written record of the previous meeting’s proceedings and decisions and a staple of municipal recordkeeping and administration.

During last week’s public meeting, however, when council came to the part of the agenda where it was supposed to review and vote on the previous meeting’s minutes of December 22 it hit a roadblock; the minutes were not to be found.

“Because those are not in our package, I recommend we adopt them at the next meeting,” suggested councillor Ralph Carey. 

That suggestion was agreeable with the rest of council, who unanimously approved the delay.

During that December 22 meeting, council adopted the 2023 budget and tax structure, deferred making a decision on whether the Town will help fund the Bay Bulls Bauline Athletic Association, and approved closure of the Town Hall over the holidays.

Witless Bay moves to fire Town Manager for a record fourth time

By Mark Squibb/January 20, 2023

They say the third time’s the charm, but that wasn’t the case for Witless Bay council, which last week moved to fire former Town Manager Shawn Kavanagh a fourth time.

There was no explanation from anyone on council as to why they were firing Kavanagh again.

The Irish Loop Post reached out to Mayor Trevor Croft afterwards, who said he was unable to comment on the matter.

He suggested Town Manager Geraldine Caul would be able to respond.

Caul replied to the inquiry with the same response she has offered on previous occasions — “The Town does not comment on matters pertaining to Human Resources,” she said.

Kavanagh could not be reached by deadline, but in times past has claimed the Town has not followed proper provincial legislation for laying off town staff.

The Town appointed Shawn Kavanagh as new Town Manager and acting Town Clerk back in February 2022, with Deputy Mayor Lorna Yard and councillor Alex Troake boasting at the time that council was able to make the hiring without the use of an outside consultant or hiring firm, saving taxpayers thousands of dollars.

Kavanagh was hired to replace former Town Manager Kevin Kelley, who had been hired in September and then tendered his resignation in early October of 2021. Prior to Kelly’s hiring, the position of chief administrative officer had been filled for about a year by Pat Curran, an experienced municipal and business consultant. Previous to that, the top administrative position in the Town was the position of Town Clerk, which was filled by current Town Manager Geraldine Caul.

The motion to fire Kavanagh a fourth time passed unanimously.

Witless Bay once again delays BBBAA funding decision

By Mark Squibb/January 13, 2023

Witless Bay town council has once again delayed making a decision on how much — if any —funding it will commit to the Bay Bulls to Bauline Athletic Association (BBBAA) in 2023.

The issue was on this week’s agenda, but councillor Nancy Burke, council’s BBBAA representative, moved that council defer the matter once again to “give us a chance to make a decision and communicate with the parties invovled.”

Councillor Jacob Hayden said the Town has yet to review documents submitted by the BBBAA prior to the December 22 council meeting, noting that folks were busy over the holiday season and away from their offices.

“We just haven’t had the time to meet back-and-forth with the BBBAA and discuss what was going to be laid out, so hopefully we’ll have all that laid out and figured out in time for the next meeting,” said Hayden.

The item was on the agenda for a special meeting held December 22, and was deferred during that meeting, with Burke noting that more discussions were required.

Though council has not made a firm decision either way, it has budgeted $37,000 for recreation administration this year, money normally earmarked for the BBBAA.

Under the former agreement, which expired at the close of 2022, the Town gave the organization a $37,000 annual operating grant.

Council was divided earlier this year on whether to give the BBBAA a boost of $13,000 on top of the $37,000 to match the previous years funding, which had been boosted because of Covid measures.

Councillors Hayden, Nancy Burke, and Ralph Carey voted in favour of granting the increase, while councillors Gerard Dunne, Alex Troake, Deputy Mayor Lorna Yard, and Mayor Trevor Croft had voted against it.

At the time, Troake had noted the MOU between the Town and the BBBAA was set to expire in 2022 and that it may be time to reconsider how the town funds recreation in the region.

Fermeuse marine base gets clearance for construction phase

The Province has approved an environmental protection plan for a longstanding proposal to develop a marine base catering to the offshore oil industry in Fermeuse, but with conditions.

Fermeuse Enterprises Limited (FEL) initially registered its application in November 2014.

The president of the company is Steinar Engeset, who is based in Nova Scotia. He’s a former Honorary Consul for Norway with large interests in the international seafood industry and is currently president of Labrador Sea (2004) Ltd., which has a majority interest in Harbour Grace Shrimp Company, which is the main shareholder in Fermeuse Enterprises Ltd.

According to the company’s original filing with the Environment Department, FEL intended to construct a facility with 12 berths, a semi-submersible rig servicing quay, multiple laydown areas with crane and heavy lift capabilities and various site buildings for maintenance, administration and other purposes related to providing services to the province’s oil sector.

The total land area of the base was to be approximately 15.3 hectares mostly around Lumley Cove and Lawe’s Point in Fermeuse. The proponents had hoped to start construction as early as the summer of 2015 and be in operation late 2016 or early 2017. The property released the project from environmental assessment in 2017, but required submission of an environmental protection plan. Environment Minister Bernard Davis signed off on that plan just before Christmas.

According to the conditions set by the department, FEL must uphold all commitments made in its environmental assessment submissions to mitigate the effects of the project on the environment. The Department of Fisheries, Forestry and Agriculture also requires that FEL maintain a 30-metre undisturbed buffer around bird nests in the area during their nesting season from April 15 to July 31.

FEL must also submit an environmental protection plan for the operations phase of the project prior to commencement of any actual operations related to servicing the oil industry. An environmental protection plan is also required before the company eventually decommissions the base, assuming it goes ahead with the project.

Bay Bulls to stick with complement of five, Mayor says in 2023 outlook

By Mark Squibb/January 6, 2023

Keith O’Driscoll was the clear favourite in the 2021 municipal election, earning more votes than any of the other nine candidates, which included all five members of the former council.

O’Driscoll, who works full time at the Department of Fisheries, Forestry and Agriculture, previously served on council in 2013, but had to step aside for personal reasons.

“It was always in the back of my mind to run again,” said O’Driscoll. “So, when the time came around in 2021, I actually had a lot of residents come to me and ask me if I was going to run, and I had it in my head to run anyway.”

O’Driscoll put his name forward for mayor following the election, but council favoured Neil O’Brien for the role.

But O’Driscoll would get a second shot at the mayor’s seat not many months later, when O’Brien resigned in August, 2022.

O’Driscoll said he had mixed feelings putting his name forward for the mayor’s chair following O’Brien’s resignation, but felt it was something that residents wanted.

Evidently, it was something that other members of council wanted as well, as O’Driscoll was acclaimed as mayor.

The council that O’Driscoll chairs boasts only five members, not the typical seven.

The former council sought ministerial approval to reduce the council complement following the resignation of councillor Evelyn Tucker. With a seat already vacant, Tucker’s resignation brought council down to five members. Prior to Tucker’s resignation, the Town had put forth no less than half-a-dozen calls for nomination over the previous two years, but the calls went unanswered.

In a strange twist, 10 residents actually put their names forward for nomination in the October 2021 municipal election, meaning the Town could have filled a full roster of seven seats. But the complement having already been changed to five members, the new council opted to stay with that number.

Back in February, O’Driscoll supported a motion put forward by his wife, councillor Shannon O’Driscoll, to request ministerial approval to increase council’s complement to seven seats. Both O’ Driscolls voted in favor of the motion, while then Mayor Neil O’Brien, Deputy Mayor Jason O’Brien, and councillor Jason Sullivan voted against it.

O’ Driscoll said it’s not likely council will pursue the matter this year, given the lack of interest shown in the seat that O’Brien vacated.

That seat was filled by Corey Ronayne during a recent by-election.

“I’m fine with sticking at a complement of five, and the main reason is that there doesn’t appear to be that much interest out there in the community to be on council,” said O’Driscoll. “And the proof of that was in the previous by-election. We put out the call for anybody interested, and councillor Ronayne was the only one who put his name forward. So, that was the writing on the wall for me. Had there been a large interest at the time, I think we would definitely pursue filling those two positions.”

O’Driscoll said he was surprised by the turnout — the lack of.

“I was anticipating a good list of candidates, and it ended up being just the one,” said O’Driscoll. “So, for that reason alone, I think it would be a lot of work for nothing if we were to look at filling those other two seats and end up with possibly no one putting their names forward.”

Council would have to seek permission from the provincial government to increase their complement back to seven once again before putting a call out for candidates to fill those two seats.

“We have a great group,” said O’Driscoll. “The five us are a very dynamic group. We have different expertise in various areas, and we’re working well together. So, I think our five is doing well. It means a little bit of extra work being involved in external committees, outside of council, but other than that, it’s good going.”

He contributed the lack of interest in running for council to the fact that a number of folks who live in Bay Bulls work elsewhere, including offshore, and so spend very little time actually in Bay Bulls, and also to the number of young families who are still working and raising small children and may not have the time to commit to council.

“I wanted to bring our resident’s questions, concerns, and ideas to the table,” said O’Driscoll, when asked why he himself decided to put his name forward for council. “I’m very active in recreation in our area, and I want to see our recreation strive and get better, and that was one of the reasons I ran. And we’ve done a lot of improvements with regards to our recreation program.”

He said that while on council back in 2013, he had brought forward the idea of putting a trail around Long Pond.

“At the time there was no appetite amongst council and staff, and it just didn’t work at that time,” said O’Driscoll. “But I applaud the previous council for initiating this. When we came on board, we took it over from the previous council, and it has become a great asset for, not only our town, but the region. The walking trail is completed at about two-and-a-half kilometres, with about another kilometre-and-a half to go. So, that’s one of one the big developments that have taken place over the last year that I’m quite happy with. And you can tell on your daily commute back and forth to work, there’s always a car, or two, or a dozen, hauled in on the side of Winnonish Drive. And that’s what we want to see.”

O’Driscoll said that council hopes to complete the trail in 2023.

“It’s been such a great asset to the town, and so we want to get it completed,” he said. “The Town has submitted a municipal capital works application for funding to hopefully close that loop. So, that would be done through a 60/40 split if we get the funding approved.”

In addition, he hopes the Town may offer new events in the coming year.

He noted council in 2022 approved two new subdivisions, approved three new business permits, worked with the Bay Bulls to Bauline Athletic Association to upgrade soccer and softball fields, and, with funding from the federal government, invested in upgrades to the Regional Lifestyle Centre.

Despite residential tax increases, which O’Driscoll says were forced on council by the provincial government’s Own Source Revenue requirements, he’s pleased with the budget council passed for 2023.

“We all want the best for our residents, tax-wise, and trying to achieve that with the cost of everything increasing is definitely a challenge for us,” said O’Driscoll. “But what we brought forward in our most recent budget is good for our residents, given the circumstances we have before us.”

Council had requested, twice, an exemption from, or reduction to, the ‘Own Source Revenue’ requirement, once in November, 2021, and again in October, 2022. Both requests were denied.

O’Driscoll said the Town will also continue to work with Witless Bay on regional fire services, despite a motion this past November to delay payment of $38,000 to the Regional Fire Department.

“We’re working with the town to iron out the details,” said O’Driscoll. “But the taxes our residents pay, we are accountable for those. Witless Bay Fire Department did increase fees, and all we’re looking for is to get clarification on the increase. So, we’re working with the Town of Witless Bay right now to iron out what those fees entail, what those increases entail. By no means are we looking to withhold any operating costs. We just want to be accountable to our residents for the increases.”

The next public meeting of council, the first of the new year, is scheduled to take place on Monday January 16.

Witless Bay ups taxes on seniors home and seasonal businesses

By Mark Squibb/December 30, 2022

The Town of Witless Bay has passed a budget for 2023, and though council’s proceedings are nearly as mysterious and secretive as those of the Vatican, with little being said about the document during its public meeting, finance committee chairman Alex Troake, did answer some questions about it afterwards.

It took yet another special meeting of council, however, for the group to pass the budget last Thursday.

Troake went through the $4.7 million spending and taxation plan in about two minutes.

“Essentially we’ve been able to find revenue to offset all the increased expenses from the existing budget, and we will not see an increase in the residential mil rate, and in fact, the minimum will decrease from $550 to $400, which will double the number of people paying the minimum,” said Troake told his colleagues.

He later confirmed via e-mail that this was a reference to the minimum residential tax rate. He also noted this this puts Witless Bay’s residential tax rate on par with Bay Bulls while the commercial tax rate remains lower than its neighbour’s — 10 mils against the 14.75 rate charged by Bay Bulls.

During the meeting, Troake noted that personal care homes will be taxed at a general rate, an increase from 7 mils to 8.3 mils, and that registered day cares will be taxed at the same standard.

Troake said seasonal businesses, which actually had not appeared in the 2022 tax structure, will increase from 5 mils to 6.5 mils.

He said that as property values have decreased, residents may see a slight decrease in their residential taxes.

Troake also said there’s money to proceed with upgrades to the Town Hall, recreational facilities, and roads, and council will proceed with construction of a new fire hall.

The actual dollar amount of the budget was not mentioned during the public meeting.

When contacted by the Irish Loop Post, Troake said the budget is balanced at $4.7 million.

Some $2.2 million of that is money borrowed by the provincial and federal governments and transferred to the Town as their portion towards the cost of capital works projects. If you take those funds out, the Town’s actual operating budget is closer to about $2.5 million.

Meanwhile, Troake further clarified the change to the Town’s tax structure involving childcare and seasonal businesses.

“All businesses in the community are taxed,” said Troake. “Before the “Regulated Child Care Services” (8.3 mils) was created, the “General Commercial” (12.5 mils) would be applied. We felt it was important to create this new category so that businesses focused on youth are not taxed more than businesses focused on seniors in the “Licensed Personal Care Homes” category (8.3 mils). The rate of 8.3 mils was decided upon so that it is two-thirds of the “General Commercial” rate, rounded one decimal place.”

The budget document has since been uploaded to the Town’s website, should residents wish to have a gander.

As per the budget, the Town’s largest expense is fiscal services, including just over $3 million in capital expenditures (including, said Troake, $2,998,142 related to the new regional fire hall project) and $137,000 in payments on debt charges for the fire truck and new fire hall. The next largest expense is administration, budgeted at $450,320. Some $206,612 of that is for staff salaries. The rest will go to professional services, insurance, maintenance, and engineering services.

Council has reserved $5,000 for its own remuneration, and a further $7,500 for travel. It has also earmarked $2,865 for public relations.

Council projects it will collect about $1.28 million in residential and business taxes and $201,035 in fire protection service fees.

Cost increases force tax rise in Bay Bulls

The Town of Bay Bulls has balanced a $3.1 million budget for 2023, down slightly from the 2022 budget of $3.4 million.

The budget will see some increases in taxes.

Council has increased the residential mil rate to 5 mils, an increase of 0.5 mils over last year, with Mayor Keith O’Driscoll citing inflation as the culprit.

“We all want the best for our residents, tax-wise, and trying to achieve that with the cost of everything increasing is definitely a challenge for us,” said O’Driscoll. “But what we brought forward in our most recent budget is good for our residents, given the circumstances we have before us… We’ve brought in a discount to offset that new rate burden that we had to increase.”

That discount is 12 per cent discount, up from eight percent, for residents who pay their residential property taxes by May 31, 2023.

The vacant land tax has also increased from 4.5 mils to 5 mils.

Council held the commercial mil rate steady at 14.75 mils. All other taxes and fees remain unchanged.

Besides inflation, O’Driscoll cites the provincial government’s rule about “own source revenue” as a reason for the increase.

Council had requested, in November 2021, and then again in October 2022, an exemption from, or reduction to, the requirement, which is a mechanism that determines how much tax revenue towns must collect. Both requests were denied. In effect, council had to approve a higher tax rate than it wanted to implement.

“I was anticipating the result in any case, but we wanted to go through with it anyway,” said O’Driscoll. “The own source revenue requirement is an issue with me, and I’m sure it is for a lot of other towns. Government basically tells us what our minimum tax has to be through own source revenue, which is based on population and industries in the town. That own source revenue is, I think, a hinderance to towns like us. We’re more than capable of managing our budget. We don’t need government to indicate to us what we should be charging in regard to a minimum tax.”

As per the budget, the Town’s largest expense is fiscal services, coming in at $1.5 million. That incudes $1.1 million in capital expenditures and $171,937 in debt payments for upgrades to the Bay Bulls Regional Lifestyle Centre, and $707,556 in general government costs, which includes maintenance, engineering services, professional services, and salaries.

Witless Bay delays decision on BBBAA funding

By Mark Squibb/December 30, 2022

Witless Bay council has held off making a firm decision as to whether it will financially support the Bay Bulls to Bauline Athletic Association (BBBAA) until sometime in the new year.

A memorandum of understanding (MOU) with the BBBAA was on the agenda for a special meeting called for December 22, the same meeting during which council passed the 2023 budget and tax structure, but council voted to delay the matter regarding the regional recreation group.

Councillor Nancy Burke, council’s BBBAA representative, motioned that the Town defer making a decision.

“We require more discussion, and we need to make some more decisions ourselves, before we make a final decision, and take this to a vote,” explained Burke.

The motion to defer passed unanimously.

Witless Bay, along with neighbouring Bay Bulls, have for years paid the BBBAA an annual operating grant of $37,000 each. In 2021, both towns provided a boost of $13,000 each on top of that to help the organization deal with increased costs due to the pandemic. The extra funding was made possible by government COVID-19 financial support, which is no longer in place.

In March of this year, council voted to deny a request from the BBBAA to match the 2021 total funding of $50,000, instead choosing to stick with providing $37,000 as per the MOU.

The matter divided council, with councillors Jacob Hayden, Nancy Burke, and Ralph Carey voting in favour of granting the increase, and councillor Gerard Dunne, finance committee chairman Alex Troake, Deputy Mayor Lorna Yard, and Mayor Trevor Croft voting against it.

At the time, Troake noted the MOU was set to expire and council should reconsider how it funds the town’s recreation services.

During a public meting held on November 24, Burke reported that negotiations were still ongoing with the BBBAA and would need to be completed by December 9 in order for any funding to be accounted for in Budget 2023.

Though the decision is still up in the air, council did make allowance in the budget of $37,000 for recreation administration.

That money is earmarked for the BBBAA — should council decide to continue funding the group.

“If council decides not to renew its agreement with the BBBAA, or if the approved amount is lower than $37,000, the funding will be reallocated to other recreation and community initiatives in Witless Bay,” explained Troake in an e-mailed response to an inquiry from the Irish Loop Post. “Should council agree to provide the BBBAA with the $50,000 they’ve requested, $13,000 (and potentially an additional $8,000 to pay for audited financial statements) will have to be cut from other areas, including roadwork, speed bumps, and funding for groups such as the Heritage Committee and Kinsmen.”