Council Minutes
December 9, 2004
A meeting of the Town Council of the Town of Yarmouth was held on Thursday, December 9th, 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
REGRETS
Solicitor, Greg Barro
APPROVAL OF AGENDA
MOVED BY Councillor Strickland, SECONDED BY Councillor Dares that the agenda be approved, with the following addition:
9. A. b) Paving Policy
MOTION CARRIED
APPROVAL OF MINUTES
MOVED BY Deputy Mayor Pink, SECONDED BY Councillor Boudreau that the minutes of November 4th, 2004, (Council), November 8th, 2004 (Special), and November 24, 2004 (Finance) be approved, as circulated.
MOTION CARRIED
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BUSINESS ARISING
DELEGATION
Mayor Crosby welcomed Mr. Wilfred Allan, Chair Education Sub-Committee of the Joint Heritage Advisory Committee.
Mr. Allan reviewed the Full Report A Our Heritage B What Now.@ He requested Council contact the Southwest Shore Development Authority to convene a meeting to establish a Yarmouth County Heritage organization to develop and implement a heritage plan that would include representatives from the three councils, heritage societies, and interested individuals.
Councillor Dares clarified this committee is a sub-committee of the Joint Heritage Committee that was originally struck as an Education Committee.
Councillor Pink reviewed the mandate of the Heritage Committee which would be the same as other heritage groups and societies in Yarmouth County.
MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares that a letter be written to the South West Shore Development Authority requesting they facilitate a meeting to establish a Yarmouth County Heritage organization to develop and implement a heritage plan that would include representatives from the three councils, heritage societies, and interested individuals.
MOTION CARRIED
Mayor Crosby thanked Mr. Allan for his presentation.
BUSINESS
CORRESPONDENCE FOR ACTION
DAVID OLIE RE: HONORARIUM
Correspondence from David Olie, Town Crier, indicating his past activities on behalf of the Town and application for an honorarium, was considered.
MOVED BY Councillor Hood, SECONDED BY Councillor Strickland that the annual report from the Town Crier be accepted and that he be given the same honorarium as in the past for his services.
MOTION CARRIED
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Editor= s Note: It was suggested that other departments and agencies within the Town be notified of Mr. Olie= s services and encourage them to utilize them.
KIM KENNEY RE: DISABLED PARKING
Correspondence from Mr. Kim Kenney expressing his concern regarding the number of disabled parking spaces at Canadian Tire, was considered.
Concerns were expressed that perhaps the Building Code does not meet the current population needs of the community.
MOVED BY Councillor Dares, SECONDED BY Councillor Judge that correspondence be forwarded to the Province expressing concerns regarding the number of disabled parking spaces as it relates to the Building Code and the increase in persons with disabilities over the years.
MOTION CARRIED
PHILLIP READY RE: CLOSURE OF > 84TH BATTERY CHARITY FLEA MARKET
Correspondence from Philip Ready expressing his concern regarding the closure of the > 84th Battery Charity Flea Market, was considered.
The CAO advised that he had contacted the 84th Battery and was advised that the Department of National Defense has a policy in place that prohibits this type of activity.
MOVED BY Deputy Mayor Pink, SECONDED BY Councillor Dares that a letter be written to the Department of National Defense, in Halifax, expressing Council= s concern with the cancellation of the 84th Battery Charity Flea Market and advise them that the flea market has served our community well and the monies raised help our food bank, Juniper House, etc.
MOTION CARRIED
Editor= s Note: Councillor Hood voted nay.
Also that a copy of this correspondence be copied to the local Commanding Officer.
LINDA POWER RE: FAMILY SKATES
Correspondence from Linda Power regarding the cancellation of family skates on Sunday afternoons, was considered.
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The CAO reviewed the letter from Ms. Power as well as the response from Mr. Bob Osadchy, General Manager, Mariners Centre and advised that changes were not possible for this year.
Councillor Dares advised that correspondence was being forwarded from Joint Leisure Services to the Mariners Centre Management Board encouraging them to make the family skate on Sunday a priority and take these things into consideration when making up the schedules for the ice times.
The CAO advised that the Mariners Centre Board shares the concern with the family skate time however they are under a contract where the Board doesn= t have the authority to exercise any changes. He advised that once the contract expired the Board would probably look at alternatives at that time.
MOVED BY Councillor Boudreau that Council send a letter to the Mariners Centre Management Board advising that Council would like them to make the family skate on Sundays a priority.
There was no seconder for this motion, therefore the motion was lost.
MOVED BY Deputy Mayor Pink, SECONDED BY Councillor Dares that a letter be sent to the Mariners Centre Management Board indicating that, as one of the owners, Council supports the Board= s efforts as they expressed in their letter to Ms. Power and would like to encourage them to do whatever they can do to preserve Sunday family skating.
MOTION CARRIED
YARMOUTH HEALTH CLINIC ACTION GROUP
Correspondence from Milton Fraser regarding the possibility of the property at 235 Main Street becoming surplus, was considered.
MOVED BY Councillor Hood, SECONDED BY Councillor Dares that a letter be sent to Mr. Fraser acknowledging his correspondence and indicating that as the Town does not own the property, and that his letter will be referred to the MLA, Richard Hurlburt for consideration.
MOTION CARRIED
RENT SUPPLEMENT DESIGNATIONS
Mayor Crosby referred to correspondence from David Morse, Minister of Community Services regarding rent supplement designations and advised they are willing to extend the agreement for one additional year.
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CENTRAL SCHOOL HOME AND SCHOOL
Correspondence from Michelle Upton, Co-Chair, Central School Home and School was reviewed whereby she expressed concerns regarding the students from Central School being intimidated by the Junior High and Senior High School students.
MOVED BY Councillor Dares, SECONDED BY Councillor Strickland that a letter be sent to Michelle Upton advising her that the Town has a Smoking By-law concerning the areas of the schools and has attempted to address this issue and also that they be encouraged to encourage the Schools and the School Board to help enforce the By-law.
MOTION CARRIED
Editor= s Note:
PETER MCCRACKEN B LETTER OF RESIGNATION
A letter of resignation was received from Peter McCracken, Director of Leisure Services.
MOVED BY Councillor Dares, SECONDED BY Councillor Strickland that a letter of thanks and congratulations on his new position be sent to Peter McCracken.
MOTION CARRIED
TRAFFIC STUDY B STARRS ROAD
The CAO advised there were two traffic studies for the Starrs Road area. He also advised that the Traffic Authority would be inviting Councillors to meet with him to discuss and provide input prior to making a recommendation to Council.
MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau to receive the information regarding the Traffic Studies for Starrs Road and place them on file for future reference.
MOTION CARRIED
REPORTS
FINANCE COMMITTEE
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Councillor Pink referred to the recommendation received from the Auditors regarding a resolution to declare up to one-third of the councillor remuneration as a non-taxable expense allowance.
MOVED BY Deputy Mayor Pink, SECONDED BY Councillor Strickland to accept the Auditor= s recommendation as stated in the attachment to his letter. (Appendix A)
MOTION CARRIED
SURPLUS LAND B 25 MOODY= S LANE
MOVED BY Deputy Mayor Pink, SECONDED BY Councillor Dares that the CAO be directed to advise the successful bidder from the previous tender, for 25 Moody= s Lane, be contacted to determine if he is still interested in purchasing the parcel of land and also advise him that the completion of a survey is not required.
MOTION CARRIED
DOCTORS= ASSISTANCE COMMITTEE REQUEST
MOVED BY Deputy Mayor Pink, SECONDED BY Councillor Dares that the Town of Yarmouth= s contribution to the physician recruitment program be increased to $35,000.
MOTION CARRIED
MOVED BY Deputy Mayor Pink, SECONDED BY Councillor Dares that the Town of Yarmouth increase the level of funding for physician recruitment by $10,000, conditional upon the approval of the other municipal units.
MOTION CARRIED
RETURNING OFFICER REQUEST
MOVED BY Deputy Mayor Pink, SECONDED BY Councillor Dares that the Deputy Returning Officers and Poll Clerks for the 2004 municipal election receive a bonus of $50 each.
MOTION CARRIED
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NEGOTIATING COMMITTEE
MOVED BY Deputy Mayor Pink, SECONDED BY Councillor Strickland that Mayor Crosby, Councillor Hood and Deputy Mayor Pink be on the Negotiating Committee for the upcoming C.U.P.E and Firefighter contract negotiations.
MOTION CARRIED
GRANT ALLOCATIONS
MOVED BY Deputy Mayor Pink, SECONDED BY Councillor Dares that the grant allocations be increased to $80,000 for the budget years 2005/06 and 2006/07.
MOTION CARRIED
SALE OF EXCAVATOR
MOVED BY Deputy Mayor Pink, SECONDED BY Councillor Strickland to follow the Solicitor= s advice regarding the selling of an excavator and that the equipment be sold to the highest bidder for the amount of $72,500.
MOTION CARRIED
PUBLIC WORKS
HAWTHORNE STREET & OTHER DOWNTOWN CONNECTORS
Councillor Hood raised the topic of the significant amount of businesses on Hawthorne Street and other downtown connectors and suggested that Council look at the taxes and perhaps the Public Works Committee review this at budget time.
Editor= s Note:
Councillor Hood also mentioned other streets that should be reviewed and referred to a concept plan including parking lots, etc.
PAVING POLICY
Councillor Boudreau expressed his concern with the delay in the completion of the paving projects for the Town.
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MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares that a policy be implemented for paving projects for the Town and that it be referred to the Town Engineer for consideration with a report back to Council.
MOTION CARRIED
PLANNING ADVISORY COMMITTEE
The Chair of the Planning Advisory Committee brought forward the following recommendations from the Public Participation meeting and Planning Advisory Committee meetings of November 15, and Public Hearing of December 9, 2004:
MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau to amend the Municipal Planning Strategy, in particular Policy 1.4 and concurrently amend the Land Use By-law, in particular Part 8.1, to enable residential care facilities as a use permitted in the Low Density Residential (R-1) zone and currently amend Part 27, definition of A group home@ and insert a new definition A residential care facility@ as outlined in the Planner= s report.
MOTION CARRIED
MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau that Council amend the Land Use By-law, in particular the Zoning Map, Schedule A A@ , thereby rezoning 604 Main Street from Low Density Residential (R-1) to Secondary Commercial (C-3).
MOTION CARRIED
MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau, that Council advertise for a public hearing in order to consider and if deemed advisable, amend the Municipal Planning Strategy by inserting a new policy provision, Policy 2.2.15 that would enable properties split zoned Low Density Residential (R-1) and General Commercial (C-2) within the General Commercial designation to be rezoned to General Commercial (C-2) and concurrently amend the Land Use By-law, in particular the Zoning Map, Schedule A A@ , thereby rezoning a portion of 68 Starrs Road from Low Density Residential (R-1) to General Commercial (C-2) as outlined in the Planner= s report.
MOTION CARRIED
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MOVED BY Councillor Judge, SECONDED BY Councillor Dares that Council provide support in principle to the Department of Leisure Services to consider funding sources in its endeavors to design and implement a public easement walking trail along Broad Brook from the Town= s southern boundary to Starrs Road.
MOTION CARRIED
MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau that Council request Public Works to consider the feasibility of erecting bike route signs for the house tour loop as proposed by TREPA and for Public Works to present Council with an estimate of the number of signs required and their cost and to refer this matter to Leisure Services to develop a brochure to promote these (2) bike routes, if implemented, through Public Works.
MOTION CARRIED
MOVED BY Councillor Judge, SECONDED BY Councillor Dares that Council advertise for a public hearing in order to consider and if deemed advisable, amend the Streets and Sidewalks By-law by deleting sections dealing with sidewalk signage, awning and canopy signage and projecting wall signs (airspace encroachment signage) as outlined in the Planner= s report.
MOTION CARRIED
Editor= s Note:
MOVED BY Councillor Judge, SECONDED BY Councillor Dares that Council advertise for a public hearing in order to consider and if deemed advisable, amend the Land Use By-law, in particular Part 6 by inserting a new provision, Part 6.1(g) to require a signed indemnity in favor of the Town for any signs encroaching or otherwise located within a street right-of-way as outlined in the Planner= s report.
MOTION CARRIED
YARMOUTH WATER UTILITY
Councillor Hood reported on the official opening of the Lake George Water Treatment Plant and thanked representatives from the other municipal units who attended. He advised the event was very well attended, had good coverage from the press and thanked staff
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members for showing various guests who were there through the facility. He also advised he had received many positive comments about the impressive facility. He also mentioned that Eastlink Cable was showing the video in the Metro area and other parts of the province and that this would help to enhance the overall impression of the facility.
Editor= s Note:
JOINT HERITAGE ADVISORY COMMITTEE
Councillor Dares advised of the recommendation from the Joint Heritage Advisory Committee to the Councils requesting the SWSDA initiate and facilitate a meeting to establish a Yarmouth County Heritage organization.
JOINT LEISURE SERVICES
Councillor Dares advised most of the Leisure Services items had previously been addressed and that she had been appointed new Chair of the Joint Leisure Services Committee.
MARINERS CENTRE MANAGEMENT BOARD
The CAO referred to the minutes of the Mariners Centre Management Board and noted that the issues regarding deficiencies was discussed. He referred to the public skating issue which has been dealt with and also access to Starrs Road which was causing concern. He advised there is a landscaping plan that will prevent the access from occurring and that he and the Planner would be working with the Board on this issue.
OCCUPATIONAL HEALTH AND SAFETY COMMITTEE
The CAO brought up the concern about the discrepancy regarding the SCBA equipment and facial hair and advised they are looking further into this issue for clarification for the Committee and staff.
WATERFRONT DEVELOPMENT CORPORATION
Councillor Hood advised the Committee had met late in November and looked at prioritizing future projects for Water Street. He advised they hoped to be able to present Council with a planning process. He also advised a second priority would be to look at the area from Dom Tex upwards towards the Milton Damn.
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DOCTORS= ASSISTANCE COMMITTEE
Councillor Strickland provided an report on physician recruitment and expressed the need for more doctors and nurse practitioners. He advised that the Committee would bring recommendations to Council as required.
YARMOUTH HOSPITAL CHARITABLE FOUNDATION
Councillor Hood advised the Foundation now has a full time staff and is becoming more open in its profile in the community. He also advised the Foundation has authorized a $500,000 loan to the Regional Health Authority for renovations to provide offices to the new recruitments. He commented on the successful fund raiser, through Rudders Seafood Restaurant, which raised almost $18,000. Upcoming fund raising events include a golf tournament in the summer of 2005 with Jody Shelley.
WASTECHECK
After reviewing the WasteCheck agreement,
MOVED BY Deputy Mayor Pink, SECONDED BY Councillor Dares that the Town of Yarmouth agree to join WasteCheck.
MOTION CARRIED
The CAO advised appointments to WasteCheck needed to be ratified.
MOVED BY Councillor Strickland, SECONDED BY Deputy Mayor Pink that Councillors Dares and Hood be appointed to the WasteCheck Committee.
MOTION CARRIED
YARMOUTH COUNTY TOURIST ASSOCIATION
Councillor Strickland reported the Yarmouth County Tourist Association will be holding meetings in the new year which will be facilitated by Dave Warner. He advised that the Yarmouth County Tourist Association and the South Shore Tourist Association were discussing the possibility of an amalgamation of services.
Concerns were expressed regarding a tourism study that was to have been prepared by the South West Shore Development Authority.
Editor= s Note:
IT WAS AGREED that the CAO be directed to check into the study report by the South West Shore Development Authority.
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NEW BUSINESS
PENSION BY-LAW (AMENDMENT)
The CAO presented an amendment to the Pension By-law for First Reading.
MOVED BY Councillor Judge, SECONDED BY Councillor Dares First Reading of the amendment to the Pension By-law.
MOTION CARRIED
STAFF REPORTS
TENDER B HARDWARE/SOFTWARE
The CAO advised that tenders were called for Hardware/Software for the Financial Server to address the issue about the instability of the hardware system we have.
MOVED BY Councillor Strickland, SECONDED BY Councillor Boudreau that the tender for the financial server be awarded to ITS (Halifax) Ltd. in the amount of $$8,580 plus HST and the tender for the server software be awarded to Nex Innovations in the amount of $2,446.22 plus HST.
MOTION CARRIED
TENDER FIRE HALL PARKING AREA
The CAO advised tenders were called for the construction of a new parking area complete with curbing and sidewalks immediately to the south of the Fire Hall building.
MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that the contract for the construction of a new parking area at the Fire Hall be awarded to the lowest tenderer Hurlburt Construction Ltd., in the amount of $93,895.00 plus HST.
MOTION CARRIED
Editor= s Note:
OTHER BUSINESS
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AFFORDABLE HOUSING B ENTRY POINT
Councillor Strickland referred to a home ownership program for low income families.
Editor= s Note: Mayor Crosby returned to the Chair.
MOVED BY Councillor Strickland, SECONDED BY Councillor Boudreau that Mr. Gordon MacPherson and MLA Richard Hurlburt be invited to meet with Council to further discuss the low income home ownership program.
MOTION CARRIED
APPROVAL OF THE INVOICES
MOVED BY Deputy Mayor Pink SECONDED BY Councillor Dares
that the invoices as approved by the various chairpersons be approved.
MOTION CARRIED
DATE OF NEXT MEETING
IT WAS AGREED the next regular meeting would be scheduled for January 13th, 2005.
Mayor Crosby, on behalf of Council, took this opportunity to wish the citizens of Yarmouth a very Happy Christmas and a prosperous New Year.
ADJOURNMENT
Meeting adjourned at 9:20 p.m.
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MAYOR
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CHIEF ADMINISTRATIVE OFFICER