Council Minutes
August 12, 2004
A meeting of the Town Council of the Town of Yarmouth was held on Thursday, August 12, 2004 in the Council Chambers of the Town Hall, Yarmouth, N. S.
CALL TO ORDER
The Mayor called the meeting to order at 7:30 p.m. with the playing of O= Canada.
RECORD OF ATTENDANCE
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Mayor Charles Crosby
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Deputy Mayor Cliff Hood
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Councillor Martin Pink
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Councillor Byron Boudreau
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Councillor Esther Dares
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Councillor Wally Strickland
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Solicitor, Greg Barro
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C.A.O., Jeff Gushue
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Executive/Recording Secretary, Rose Earle
REGRETS
Councillor Murray Judge
APPROVAL OF AGENDA
MOVED BY Councillor Strickland, SECONDED BY Councillor Dares to approve the agenda, as circulated.
MOTION CARRIED
APPROVAL OF MINUTES
MOVED BY Councillor Boudreau, SECONDED BY Councillor Pink that the minutes of July 8, 2004 (Public Hearing & Council), be approved as circulated.
MOTION CARRIED
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BUSINESS ARISING
AMENDMENT TO SEWER BY-LAW
The CAO referred to the Sewer Connection By-law and advised that although the amounts were approved in the budget process, an amendment to the Sewer Connection By-law was required. (Appendix A)
MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that First Reading of the amendment to the Sewer Connection By-law (No. 9), be approved.
MOTION CARRIED
DELEGATION
JIM KELLEY, LOCAL DIRECTORY OUTDOOR ADVERTISING
Mayor Crosby welcomed Mr. Kelley, Local Directory Outdoor Advertising.
Mr. Kelley advised that he had met with Arthur MacDonald, Planner last week to discuss outdoor advertising within the Town boundaries.
Mr. Kelley provided copies of an example of a map for this area and advised the map is constructed of aluminum and guaranteed for five years not to fade or rust. He also advised that the Nova Scotia Department of Tourism and Culture utilize their maps and requested Council= s consent to utilize these maps in four areas within the boundaries of the Town.
MOVED BY Councillor Dares, SECONDED BY Councillor Pink that Council authorize the Local Directory Outdoor Advertising company to erect four maps within the Town as window signs, as described in the memo from the Planner.
Councillor Boudreau expressed his concern regarding the request for offsite signage and suggested this request be referred to the Planning Advisory Committee. Deputy Mayor Hood concurred that this was an advertising medium and the request should be deferred.
THE MOVER AND SECONDER AGREED TO WITHDRAW their motion.
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MOVED BY Councillor Dares, SECONDED BY Councillor Pink that the request from Mr. Kelley, Local Directory Outdoor Advertising, regarding offsite signage be referred to the Planning Advisory Committee. (Appendix B)
MOTION CARRIED
DAVE SAXTON B AUDIT REPORT
Mr. Dave Saxton, Grant Thornton, reviewed the financial statements and advised the reporting format was different than in prior years as they now follow the Canadian Institute of Chartered Accountants handbook as per the new regulations. He commented favourably on the overall financial situation of the Town. (Appendix C)
Gloria Banks, Grant Thornton commented that all governments would be presenting their statements in the same format. She advised the audit provided a clean audit report and there was nothing of concern.
Mr. Saxton advised this new concept gives comparables of all governments and provides for uniformity reporting across Canada. He suggested that a benchmark will have to be developed for future planning for projects to sustain and build the Town. He also advised that the Town is in good financial shape for what it has accomplished and what it has maintained in its reserves.
Mayor Crosby commented that we are living within our means, achieving the things we are doing within our own household and not putting ourselves in a burden situation.
Deputy Mayor Hood advised that he, Mayor Crosby and the CAO attended the Strategy Institute and that the ideas presented there will be useful here. He suggested that system will show where work is needed, what the benchmark is for other towns our size and the impact on numbers will provide a better understanding and a tool to compare services.
MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that Council accept the Audit Report as presented.
MOTION CARRIED
MOVED BY Councillor Pink, SECONDED BY Councillor Dares that Grant Thornton be approved as auditors for the Town for the next fiscal year.
MOTION CARRIED
Mayor Crosby thanked the Auditors for their report.
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CORRESPONDENCE FOR ACTION
FOUR CORNERS HOUSING COOP LTD. B REQUEST FOR DITCHING
Correspondence from Wanda Earle, Four Corners Housing Cooperative Ltd. requesting assistance for ditching was considered.
Councillor Strickland recalled that the Engineer and a representative from the Department of Housing were going to check into the situation and Mayor Crosby confirmed they had indeed done so.
Deputy Mayor Hood advised that the Engineer indicated that the Town could help in areas where it had obligations and jurisdiction and that the property in question was privately owned land. He further stated that Mr. Hart had been advised that the property owner was responsible for a certain amount of work to alleviate the situation and that the Town cannot ditch private property. Deputy Mayor Hood advised the area that required drainage is located at the rear of the property and not at street level and that the Town held no responsibility for that area.
The CAO advised he had discussed this issue with the Engineer and that a meeting would be held with all stakeholders to try to find a solution to this problem.
MOVED BY Councillor Strickland, SECONDED BY Councillor Boudreau that the CAO, through the Engineer, investigate what can be done regarding the ditching problem in the Four Corner Housing Coop area and show the Coop where they can hook up to the Town system.
MOTION CARRIED
TOURISM & CULTURE B OVERNIGHT PARKING
Correspondence from Bob Book, Director Development and Planning, Tourism, Culture and Heritage, requesting the Town ban the use of any lands for the overnight parking of recreational vehicles for the traveling or vacationing public unless there is a licence in force, was considered.
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Pink that the correspondence from the Department of Tourism, Culture and Heritage regarding overnight parking, be placed on file.
MOTION CARRIED
PAGE 3168
COMMUNITY SERVICES B TRI COUNTY HOUSING AUTHORITY REPRESENTATIVE
Correspondence from David Morse, Minister of Community Services, requesting a representative for the Tri-County Housing Authority was considered.
MOVED BY Councillor Strickland, SECONDED BY Deputy Mayor Hood that Bruce Johnson be re-appointed as the Town= s representative to the Tri-County Housing Authority.
MOTION CARRIED
CORRESPONDENCE FOR INFORMATION
MUNICIPALITY OF THE DISTRICT OF ARGYLE B LANDFILL ACCEPTABLE MATERIAL LIST
Councillor Dares requested clarification regarding the acceptable material list for the Landfill.
The CAO advised the Municipality of the District of Argyle investigated and carried out a study, which they provided to the Department of Environment, on what would go into a landfill. He further advised they had decided not to go to an Industrial Landfill Site and shared their information with the Town of Yarmouth.
CORRESPONDENCE FROM GIL DARES
Correspondence from Gil Dares, resigning from the Exhibition Park Management Board, was reviewed. Councillor Strickland inquired as to whether the representative for the Management Board were filled. The CAO advised this was dealt with when the Volunteers to Serve on Committees was completed.
REBATE FOR SENIORS
Councillor Strickland questioned the delivery of the information regarding the property tax rebate for seniors. Mayor Crosby advised that every senior citizens would receive the information automatically from the government.
Editor= s note:
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STANDING COMMITTEES
FINANCE COMMITTEE
Councillor Pink brought forward a recommendation from the Finance Committee regarding the Fire Department annual banquet. He also advised this would be a special occasion honouring Mr. Bob Reid and Mr. John Murphy, two fire fighters who have served the community and the Fire Department for over 50 years.
MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that Council assist the Fire Department with respect to its annual banquet in the amount of $5,000 and that staff be instructed to acquire an appropriate gift for Mr. Reid and Mr. Murphy .
MOTION CARRIED
COMPOST FACILITY B TENDER
The CAO advised that in accordance with the requirements for the Ministerial Order which was issued for the Compost Facility, invited tenders were requested from four local contractors for the construction of an enclosed structure for the receiving area at the Compost Facility. In light of the time frame for completion of remedial work under the Ministerial Order,
MOVED BY Councillor Pink, SECONDED BY Deputy Mayor Hood that Council proceed with the Compost Facility tender as per the recommendation from the Engineer and award the contract to Garian Construction in the amount of $94,395.00. (Appendix E)
MOTION CARRIED
Editor= s Note:
YARMOUTH MOUNTAIN CEMETERY REQUEST
Councillor Pink advised that a request from the Yarmouth Mountain Cemetery Company was considered at the Finance Committee meeting.
MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that Council reimburse the Yarmouth Mountain Cemetery Company for the appraisal as indicated on their invoice. (Appendix F)
MOTION CARRIED
PAGE 3170
PUBLIC WORKS COMMITTEE
The CAO advised invited tenders were received from four firms for sewer flushing and vacuum cleaning and video inspection for the 2004 season. He recommended that the contract be awarded to the firm with the lower overall tendered price, Melanson= s Waste Management Inc.
MOVED BY Councillor Pink, SECONDED BY Councillor Boudreau that the tender for sewer flushing and vacuum cleaning and video inspection for the 2004 season be awarded to Melanson= s Waste Management Inc. in the amount of $12,800 + HST and at $1.25 per linear meter for video inspection. (Appendix G)
MOTION CARRIED
The CAO advised invited tenders were received from four local firms for grading, paving and landscaping of the new Public Works building yard area. He recommended that the contract be awarded to the firm with lower overall tendered price, Hurlburt Construction Ltd.
MOVED BY Councillor Pink, SECONDED BY Councillor Boudreau that the tender for grading, paving and landscaping of the new Public Works building yard area be awarded to Hurlburt Construction Ltd., in the amount of $154,750 + HST. (Appendix H)
MOTION CARRIED
PLANNING ADVISORY COMMITTEE
Councillor Boudreau advised a request had been received from Bryce Schnare of Plaza Group to obtain sufficient frontage along Brooklyn Street to meet the General Commercial (C-2) zone requirement, which is 175 feet.
MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares that Council hereby agrees to sell and convey a portion of land 175 feet on Brooklyn Street with a depth of roughly 120 square feet comprising an area of land of 21,000 square feet + to Plaza Group (Wal-Mart) subject to the conditions outlined in the Planner= s Report. (Appendix I)
MOTION CARRIED
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MOVED BY Councillor Boudreau, SECONDED BY Councillor Pink that Council hereby agrees to permit Terrain Group Inc. to alter the level of land to provide a sloped area onto land owned by the Town (P.I.D 90219486) to accommodate the Atlantic Wholesalers Limited development, provided the slope is hydro-seeded directly following the alteration.
MOTION CARRIED
YARMOUTH WATER UTILITY
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Dares that the financial statement for the Water Utility be approved as presented by the Auditors.
MOTION CARRIED
WATERFRONT DEVELOPMENT CORPORATION
Deputy Mayor Hood advised there would be an official opening of the Heritage Interpretation Park at North Water Street on Monday, August 23, 2004 at 11:30 a.m. He encouraged the public to attend.
DOCTORS= ASSISTANT COMMITTEE
Councillor Strickland advised there was a meeting of the Doctors= Assistant Committee scheduled for Wednesday, August 25, 2004 at 1:30 p.m. to discuss physician manpower and recruitment, support and future assistance.
NEW BUSINESS
REMUNERATION & EXPENSES
Councillor Pink advised the remuneration and expenses policy should be further developed.
MOVED BY Councillor Pink, SECONDED BY Councillor Boudreau that the Remuneration & Expenses policy be referred to the Finance Committee for further development.
MOTION CARRIED
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STAFF REPORTS
ENCROACHMENT AGREEMENT B GARY ARNETT
The CAO advised the proposed agreement for an encroachment for G. L. Arnett Holdings Ltd and the Town of Yarmouth had been reviewed by the Solicitor and the Director of Operations.
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Strickland that the proper officials of the Town be authorized to sign the Encroachment Agreement with G. L. Arnett Holdings Ltd..
MOTION CARRIED
PLAY EQUIPMENT PROPOSALS
The CAO brought forward proposals for playground equipment as provided for in the budget. He advised that the Parks & Facilities Coordinator had met with a representative from Yarmouth South and selected a proposal for their area.
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Dares that the proposals for playground equipment for Havelock, Goudey, Beacon and Sprucewood playgrounds be approved.
MOTION CARRIED
OTHER
STRATEGY INSTITUTE
Mayor Crosby advised that he had attended the Strategy Institute conference and indicated that it was one of the best conferences he had ever attended. He advised the conference emphasized that Council look at its policies and where we want to go from here to move forward. He suggested such a progression would require a leadership role from the CAO, Mayor and Deputy Mayor as well as Council and how everyone works together.
Mayor Crosby also advised he would be running for Mayor in the upcoming fall election and encouraged everyone to get out and vote.
Mayor Crosby invited Joey Surette to show the public the T-shirt he received while he was representing the community in the recent special olympics event.
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APPROVAL OF INVOICES
MOVED BY Councillor Dares, SECONDED BY Councillor Pink that the invoices as approved by the various chairs be authorized for payment.
MOTION CARRIED
DATE OF NEXT MEETING
IT WAS AGREED the next regular meeting would be scheduled for September 9, 2004
ADJOURNMENT
Meeting adjourned at 8:45 p.m.
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MAYOR
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CHIEF ADMINISTRATIVE OFFICER