Council Minutes

August 14, 2003

A meeting of the Town Council of the Town of Yarmouth was held on Thursday, August 14, 2003.

CALL TO ORDER

The Mayor called the meeting to order at 7:32 p.m. with the playing of O'Canada.

RECORD OF ATTENDANCE

Mayor Charles Crosby
Councillor Byron Boudreau
Councillor Esther Dares
Councillor Murray Judge
Councillor Martin Pink
Deputy Mayor Cliff Hood
Councillor Wally Strickland
C.A.O., Ray Gallant
Town Planner, Arthur MacDonald
Solicitor, Greg Warner

APPROVAL OF AGENDA

IT WAS AGREED to approve the agenda with the following additions:

7. A. h) Correspondence for Action Messers Pezaris and Goodwin, Water Street/Sewer/Planning Issue

8. A. d) Councillor Dares, Main Street Development

8. B. j) Councillor Strickland, Dr. Search Committee Report

APPROVAL OF MINUTES

MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares, that the minutes of July 10, 2003 (Regular meeting), the July 7th,2003 (Finance Committee meeting), and July 10, 2003 (Regular meeting) with the editorial change on page 2981, as noted, be approved as circulated.

MOTION CARRIED

BUSINESS ARISING

UNSM GUIDING PRINCIPLES

Mayor Crosby advised the UNSM Executive has been working on a policy for guiding principles with Minister Christie and hopes to hold regular meetings between the President of the UNSM and the new Minister of Service Nova Scotia and Municipal Relations. He also advised the policy would be finalized prior to the October UNSM conference.

MOVED BY Councillor Dares, SECONDED BY Councillor Pink that the correspondence from the UNSM regarding Guiding Principles be filed for future reference.

MOTION CARRIED

HOPE

Correspondence from Eleanor Cottreau, Coordinator HOPE, requesting financial assistance to purchase a third van, was considered.

MOVED BY Councillor Pink, SECONDED BY Councillor Strickland the correspondence from HOPE requesting financial assistance to purchase a van be received and forwarded to the Finance Committee for consideration.

MOTION CARRIED

CORRESPONDENCE FOR ACTION

ALEX PRESSBURGER RE: HUBERT BRUSH BUILDING

Correspondence from Alex Pressburger, expressing an interest in the Hubert Brush building, was considered.

MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Dares that the request from Alex Pressburger expressing an interest in the Hubert Brush building be filed for future reference and consideration if the Town acquires the property.

MOTION CARRIED

DEBENTURE FUNDING

Councillor Pink referred to the CAO for clarification regarding the Fall 2003 Debenture Funding.

The CAO advised the Town is required to fund for the Water Treatment Plant and the Public Works Building. The current Municipal Government Act allows municipal units to borrow from their own reserves. He recommended borrowing $1.8 million from reserves to pay the balance owing on the Water Treatment Plant, with the stipulation that the interest paid from the Water Utility to the Town would go into the general fund for the Town. He also recommended participating in a debenture issue for $1.5 million to complete the Public Works Garage.

MOVED BY Councillor Pink, SECONDED BY Councillor Dares that the Town request approval from the Minister of Service Nova Scotia and Municipal Relations to borrow $1.8 million from its reserves and also authorize the Mayor and CAO to complete the documents necessary to participate in the next debenture issue to a maximum of $1.5 million to fund the Public Works Garage. (Appendix A).

MOTION CARRIED

440 PRODUCTIONS ASSOCIATION - TIME TO REMEMBER

Correspondence from Glen Gaudet, Tour Coordinator, Time to Remember, requesting financial assistance, was considered.

MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares the request from 440 Productions Association, Time To Remember, for financial assistance be referred to the Finance Committee for consideration.

MOTION CARRIED

WHEELANS WHITE - DEFICIT FUNDING

Correspondence from Gwenda Wheelans, Wheelans White, requesting payment for deficit funding for the Hebron Industrial Mall, was considered.

MOVED BY Councillor Pink, SECONDED BY Councillor Dares the request from Wheelans White requesting payment for deficit funding for the Hebron Industrial Mall, be approved for payment.

MOTION CARRIED

SOUTH WEST SHORE DEVELOPMENT AUTHORITY - TOWN REPRESENTATIVE

Correspondence from Frank Anderson, Chief Executive Officer, South West Shore Development Authority requesting approval for Charles Crosby and Byron Boudreau as Town representatives on the Board of Directors, was considered.

MOVED BY Councillor Pink, SECONDED BY Councillor Dares that Council confirm the appointments of Charles Crosby and Byron Boudreau as Town representatives on the Board of Directors for the South West Shore Development Authority.

MOTION CARRIED

KAYE NICKERSON ADULT SERVICE CENTRE REQUEST

Correspondence from the Darrell Foster, Manager, Kaye Nickerson Adult Service Centre requesting a letter of endorsement regarding a proposal to the Department of Community Services in order to ascertain resources for program enhancement, was considered.

MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that correspondence be forwarded to Mr. Darrell Foster requesting additional information and clarification regarding a proposal to the Department of Community Services.

MOTION CARRIED

CHARLIE JESS - OUTDOOR FURNACES

Correspondence from Charlie Jess regarding regulation of outdoor furnaces, was considered.

After much discussion,

IT WAS AGREED to refer this issue to the Planning Advisory Committee.

ECKLER PARTNERS - PENSION AMENDMENT

The CAO advised that the Pension Commission had recommended, through Eckler Partners Limited, that a previous amendment, in particular Section 3.3 of Amendment 6 of the current plan be changed slightly to clarify the intent. Section 3.3 of Amendment 6 as recommended by the Pension Commission was read.

MOVED BY Councillor Dares, SECONDED BY Councillor Pink that the request to amend the Pension Plan with Eckler Partners to modify Section 3.3 regarding eligibility, be approved.

MOTION CARRIED

MR. PEZARIS & MR. GOODWIN - TOWN SERVICES

Correspondence from Mr. Pezaris and Mr. Goodwin regarding Water Street/Sewer/Planning issues, was considered.

MOVED BY Councillor Dares, SECONDED BY Councillor Pink that Council refer the correspondence from Mr. Pezaris and Mr. Goodwin regarding Water Street/Sewer/Planning issues, to the CAO, Solicitor and Planner for consideration.

MOTION CARRIED

CORRESPONDENCE FOR INFORMATION

MAVIS HAYCOCK - RESIGNATION

Mayor Crosby advised correspondence had been received from Mavis Haycock resigning from her position with the Yarmouth SPCA Animal Shelter.

MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that a letter of recognition, and a token of appreciation, be given to Mavis Haycock thanking her for her dedication over the past years to the SPCA Animal Shelter.

MOTION CARRIED

MINISTER RONALD RUSSELL - HOME OWNERS INSURANCE

Mayor Crosby advised the resolution regarding Home Owners Insurance had been presented to the UNSM Executive and would be on the Agenda for the UNSM fall conference.

STANDING COMMITTEES

FINANCE COMMITTEE

GRANTS

Councillor Pink referred to the Finance Committee minutes of August 13, 2003 which referenced an amendment to the Municipal Government Act under Section 65 (au).

MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that Council reconfirm the existing grant policy and offered the proposed amendments:

by establishing a limit for the next fiscal year, 2004/05, of $75,000 (including the present fiscal year, 2003/04) to be advanced to organizations that qualify to the definition in Section 65 (au) of the Municipal Government Act; and
will confirm in policy that Council will, each year, convene a meeting prior to the end of March (or such other later date as determined by Council) for the purpose of receiving all qualified applications for grants.

MOTION CARRIED

APPROVAL OF FINANCE COMMITTEE MINUTES - AUGUST 13, 2003

Councillor Pink, Chair of the Finance Committee, requested approval of the Finance Committee minutes of August 13, 2003.

MOVED BY Councillor Pink, SECONDED BY Councillor Judge that the Financial Committee minutes of August 13, 2003 be approved as circulated.

MOTION CARRIED

PLANNING ADVISORY COMMITTEE

Councillor Judge brought forward the following recommendations from the Planning Advisory Committee and Public Hearing:

MOVED BY Councillor Judge, SECONDED BY Councillor Dares, to amend the Land Use By-Law, in particular Part 16.3 in order to reduce the minimum lot area requirement from 22,000 square feet to 20,000 square feet in the General Commercial ( C - 2 ) - infill lot area. (Appendix B)

MOTION CARRIED

MOVED BY Councillor Judge, SECONDED BY Councillor Dares to amend the Land Use By-Law, in particular the Zoning Map, Schedule "A" thereby rezoning 13 Second Street (PID#90207564) and 17 Second Street (PID#90244153) from Low Density Residential ( R - 1) to Downtown Commercial ( C - 1). (Appendix C)

MOTION CARRIED

MOVED BY Councillor Judge, SECONDED BY Councillor Dares to amend the Land Use By-Law, in particular Part 16.6 by changing the required parking spaces for shopping centres, plazas and strip malls to six (6) parking spaces for each one thousand square feet or fraction thereof of gross commercial floor area excluding common mall areas between stores, vestibules, washrooms and closets and by adding the required parking spaces for warehousing at one (1) parking space for each five hundred (500) square feet or fraction thereof of gross floor area in the General Commercial ( C - 2) zone. (Appendix D)

MOTION CARRIED

MOVED BY Councillor Judge, SECONDED BY Councillor Dares to advertise for a public hearing in order to consider and if deemed advisable amend the Municipal Planning Strategy and Land Use By-law to regulate outdoor furnaces through the Land Use By-law as per the Planner's report.

MOTION CARRIED

MOVED BY Councillor Judge, SECONDED BY Councillor Dares to advertise for a public hearing in order to consider and if deemed advisable amend the Municipal Planing Strategy, in particular Policy 2.2.14 to enable General Commercial (C - 2) zoned properties to be rezoned to Medium Density Residential (R - 2) as per the Planner's report.

MOTION CARRIED

MOVED BY Councillor Judge, SECONDED BY Councillor Dares to advertise for a public hearing in order to consider and if deemed advisable amend the Municipal Planning Strategy, in particular Policy 6.13 (A) & (B) and concurrently amend the Land Use By-law, in particular Part 5.6 in order to ensure that residential minimum lot area and frontage requirements are maintained as per the Planner's report.

MOTION CARRIED

After much discussion and a request for clarification,

MOVED BY Councillor Judge, SECONDED BY Councillor Dares to advertise for a public hearing in order to consider and if deemed advisable amend the Municipal Planning Strategy and Land Use By-law by undertaking a house cleaning amendment to exclude all bulk petroleum storage facilities from the Waterfront Industrial (M - 2) zone as per the Planner's report.

MOTION CARRIED

Editor's Note: A request was made to obtain a letter of approval for the above noted motion regarding bulk petroleum storage facilities from the Waterfront Development Corporation, however Councillor Judge advised a letter had been previously received providing approval to exclude bulk storage on the waterfront.

MAIN STREET DEVELOPMENT

Councillor Dares commented on the recently renovated L. G. Trask building.

MOVED BY Councillor Dares, SECONDED BY Councillor Judge that a letter of congratulations be forwarded to Michael Trask for enhancing the Downtown area with the recently completed renovations to the L. G. Trask building.

MOTION CARRIED

OTHER COMMITTEES

WATERFRONT DEVELOPMENT CORPORATION

Deputy Mayor Hood, Council's representative on the Waterfront Development Corporation advised tenders had been received for further development of the waterfront however they were higher than expected. The Committee authorized the CAO and Executive Director to review the project and report to the Committee at a future meeting. HOMECARE

Mayor Crosby advised the next meeting of the Yarmouth Argyle Home Care is scheduled for Wednesday, August 20, 2003.

SOUTH WEST SHORE DEVELOPMENT AUTHORITY

Councillor Boudreau advised the next meeting of the South West Shore Development Authority is scheduled for Wednesday, August 20, 2003.

DOCTOR SEARCH COMMITTEE

Councillor Strickland provided Council with an update regarding the doctor shortage in the tri-county area. He commented on the seriousness of the shortage of doctors in this area and requested support from Council to appoint a representative to speak with the premier about this issue.

MOVED BY Councillor Strickland, SECONDED BY Councillor Boudreau that Council appoint Mayor Crosby as the Town of Yarmouth representative to meet with the Premier regarding the doctor shortage within the Tri-County area.

MOTION CARRIED

STAFF REPORTS

The CAO referred to correspondence previously circulated to Council regarding the proposed Department of Transportation interchange on the Brooklyn Road. He relayed concerns that the proposed overpass will conflict with a section of the Town's 24" water transmission main from Lake George to the Brooklyn Reservoir.

IT WAS AGREED the Water Utility would further investigate the situation regarding the proposed Department of Transportation interchange on the Brooklyn Road. APPROVAL OF INVOICES

MOVED BY Councillor Judge, SECONDED BY Councillor Dares, that the invoices as approved by the various chairs be authorized for payment.

ADJOURN

On motion, meeting adjourned at 8:32 p.m.

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MAYOR

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CHIEF ADMINISTRATIVE OFFICER