Council Minutes

February 27, 2003

A meeting of the Town Council of the Town of Yarmouth was held on Thursday, February 27, 2003.

CALL TO ORDER

The Mayor called the meeting to order at 7:30 p.m. with the playing of O'Canada.

RECORD OF ATTENDANCE

APPROVAL OF AGENDA

MOVED BY Councillor Strickland, SECONDED BY Councillor Dares that the Agenda be approved, as circulated.

MOTION CARRIED

APPROVAL OF MINUTES

MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares that the minutes of January 9, 2003, be approved as circulated.

MOTION CARRIED

DELEGATION

Mayor Crosby welcomed Mr. Ken Crosby who provided Council with a petition (Appendix A) requesting that the Town eliminate the odour associated with the compost facility.

Mayor Crosby advised that Council was aware of the problem and understands their concerns. He also advised the engineering firm responsible for building the facility declared bankruptcy. CBCL Engineering Consultants Ltd. will be investigating and submitting a report within the next few weeks. Mayor Crosby assured Mr. Ken Crosby that Council would find a solution to the problem.

Ken Crosby thanked Council for the opportunity to present their concerns and Mayor Crosby thanked Mr. Crosby for his presentation.

BUSINESS ARISING

KOREA WAR MEMORIAL

Correspondence from Cecil Roy regarding the location of a war memorial for the Korea Vest, was considered.

MOVED BY Councillor Strickland, SECONDED BY Councillor Boudreau that the request from Cecil Roy to erect a war memorial, in memory of the Korea Vets, located at the corner of Pleasant Street and Parade Street, be approved. MOTION CARRIED

Editor's Note:   The Solicitor will draft a document to allow for the provision of the use of land as a memorial at the corner of Pleasant Street and Parade Street. It was agreed the Town would continue to maintain the property.

FRIENDS OF THE LIGHT

The CAO advised he met with representatives of Friends of the Light as well as from the Yarmouth County Tourist Association to review funding issues. He advised the matter of last year's funding had been resolved and that it would be appropriate to issue the $5,000 cheque to the Tourist Association, earmarked for the Friends of the Light.

MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that a $5,000 cheque be forwarded to the Yarmouth County Tourist Association, earmarked for the Friends of the Light.

MOTION CARRIED

POLICE ACT

The CAO advised the date for submission of recommendations for the Police Act has been extended to April 1, 2003 and asked for direction as to any response to the proposed legislature. Mayor Crosby advised that the UNSM Executive is also reviewing the Act and asked Councillors to provide any recommendations to the CAO for submission to the UNSM

CORRESPONDENCE FOR ACTION

AMERICAN CONTRACT BRIDGE LEAGUE SECTIONAL TOURNAMENT

Councillor Pink declared a possible conflict of interest and left the table.

Correspondence from John Goudey, Chairman Public Relations Committee, Yarmouth Lobster Classic, requesting funding toward the upcoming tournament expenses, was considered.

MOVED BY Councillor Judge, SECONDED BY Councillor Strickland that the request for $500 for the Yarmouth Lobster Classic, be approved. (Council congratulated the Bridge League for their part in bringing such a tournament to our area.)

MOTION CARRIED

Councillor Pink returned to the table.

YARMOUTH AREA INDUSTRIAL COMMISSION

FUNDING REQUEST

Correspondence from Frank Anderson, General Manager, Yarmouth Area Industrial Commission requesting financial assistance in the amount of $15,000 per year from April 1, 2003 to March 31, 2005, for a Development Officer, was considered. Deputy Mayor Hood advised this position has expanded beyond its original intent. MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that the request for financial assistance in the amount of $15,000 per year from April 1, 2003 to March 31, 2005, for a Development Officer, be referred to the Finance Committee for consideration.

MOTION CARRIED

MEMBERSHIP SUPPLY SERVICES BUILDING

Correspondence from John Sullivan, Yarmouth Area Industrial Commission, requesting representation on the Committee developed to deliver the supply services building to Mariners Centre, was considered. The CAO referred Council to the Joint Services Agreement with the Mariners Centre Management Board, which provides for the Management Board to be responsible for all decisions regarding the site.

MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Boudreau that Council reaffirms the role of the Management Board which is to manage the site/facility and to make all decisions regarding buildings and make it clear that the Industrial Commission is a contractor with regard to the Supply services Building.

Following discussion, it was agreed to table this motion, with the consent of the mover and seconder, to the next meeting.

SOUTH WEST SHORE DEVELOPMENT AUTHORITY

Correspondence from Frank Anderson, Chief Executive Officer, Southwest Shore Development Authority requesting a letter of support for the proposed South West Shore Energy Office, was considered. MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that a letter of support be forwarded to the South West Shore Development Authority, for the proposed South West Shore Energy Office.

MOTION CARRIED

SOUTH WEST SHORE DEVELOPMENT AUTHORITY

Correspondence from Frank Anderson, Chief Executive Officer, South West Shore Development Authority requesting a letter of support for the South West Shore Seniors Residential Repairs Project, was considered.

MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that a letter be forwarded to the South West Shore Development Authority to support the proposed South West Shore Seniors Residential Repairs Project.

Following discussion, it was agreed to table this motion, with the consent of the mover and seconder, to the next meeting.

SALVATION ARMY REQUEST

Correspondence from Stephen L. Kennedy, Captain, Salvation Army, Yarmouth Corps, requesting support for the South West Nova Interagency Network, which will coordinate a program to inventory emergency resources in our area, was considered.

MOVED BY Councillor Boudreau, SECONDED BY Councillor Strickland that a letter of support be forwarded as requested to Stephen Kennedy, Salvation Army.

MOTION CARRIED

COMMUNITY ARTS COALITION

Correspondence from Sue Hutchins, Community Arts Coalition, requesting a copy of the report Council received from Sperry and Partners concerning the public meeting held at the Rodd Grand Hotel about a proposed Performing Arts Centre, was considered.

MOVED BY Councillor Judge, SECONDED BY Councillor Pink that a copy of the report received from Sperry and Partners, regarding the public meeting for the proposed Performing Arts Centre, be forwarded to the interested parties. Also that correspondence be forwarded to encourage them to organize and apply for funding through ACOA for a feasibility study for such a Centre.

MOTION CARRIED

MOVED BY Councillor Dares, SECONDED BY Councillor Strickland that Council receive and table the report from Sperry and Partners regarding the proposed Performing Arts Centre.

MOTION CARRIED

DEPARTMENT OF COMMUNITY SERVICES

Correspondence from David M. Morse, Department of Community Services requesting an appointment to the Board of the Tri County Housing Authority, was considered.

IT WAS AGREED to refer the request from David Morse, Department of Community Services to an "In Camera" session immediately following this Council meeting.

YARMOUTH HOSPITAL FOUNDATION

Correspondence from Gordon Wood, Chair, Yarmouth Hospital Foundation, requesting a financial contribution for diagnostic equipment, was considered.

MOVED BY Councillor Strickland, SECONDED BY Councillor Dares that the request from the Yarmouth Hospital Foundation for a financial contribution, be referred to the Finance Committee.

MOTION CARRIED

FRENCH IMMERSION CONCERNS

Correspondence from Dr. David Webster, concerned citizen/parent in the Central School District, requesting a letter of support for the Central School French Immersion program, was considered.

MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that a letter of support for the Central School French Immersion program, be forwarded to the Tri County District School Board and copied to the Department of Education and the MLA.

MOTION CARRIED

STANDING COMMITTEES

PLANNING ADVISORY COMMITTEE

Councillor Judge advised the following were recommendations from the Planning Advisory Committee:

MOVED BY Councillor Judge, SECONDED BY Councillor Strickland that the request to enter into a development agreement in order to enable the establishment of a hostel at 6 Trinity Place, be approved. (Appendix B)

MOTION CARRIED

MOVED BY Councillor Judge, SECONDED BY Councillor Strickland that the request 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 enable the establishment of inns with function room facilities in registered heritage properties immediately abutting the hard line boundary of the Central Business District by development agreement, be approved.

MOTION CARRIED

MOVED BY Councillor Judge, SECONDED BY Councillor Strickland that the request to advertise for a public hearing in order to consider and if deemed advisable amend the Municipal Planning Strategy and Land Use By-law implementing new policies and by-law provisions governing open storage and outdoor displays along Yarmouth's waterfront and concurrently an amendment to the Land Use By-law, in particular the Zoning Map, Schedule "A", rezoning existing General Industrial (M - 1) zoned properties along Yarmouth's harbour to Waterfront Industrial (M - 2) as per planning report dated December 20, 2002, be approved.

MOTION CARRIED

MOVED BY Councillor Judge, SECONDED BY Councillor Dares that the request to advertise for a public hearing in order to consider and if deemed advisable amend the Municipal Planning Strategy and concurrently amend Parts 7, 8, 9, 10, 11 and 13 of the Land Use By-law respecting provisions with regards to semi-detached dwellings, group dwellings, apartment dwellings and converted dwellings (Review after Council meeting of November 14, 2002) as per supplementary planning report dated November 15, 2002, be approved.

MOTION CARRIED

YARMOUTH WATER UTILITY

Deputy Mayor Hood commented on the levels of THMs and provided an update regarding the Water Treatment Plant. He advised the building is roof tight and the expected completion of the project is June, 2003.

JOINT HERITAGE ADVISORY COMMITTEE

Councillor Dares advised the following recommendation was from the Heritage Advisory Committee:

MOVED BY Councillor Dares, SECONDED BY Councillor Judge to advertise for a public hearing in order to consider and if deemed advisable amend the Collins Heritage Conservation District by-law, in particular Schedule "E", Signage Regulations by adding as the last provision under "Ground Signs" the following:

Notwithstanding the general signage regulations above, a maximum of one (1) security identification ground sign per lot identifying the name of the onsite security provider may be erected provided such sign does not exceed one (1) square foot in area and two (2) feet in height.

MOTION CARRIED

Councillor Dares advised of the appointment of Jim Bezanson, Chair of the Heritage Canadian Foundation. She stated the Joint Heritage Committee would like to invite him to speak to the committee and the property owners in the area to discuss further development of heritage in the down town area. To offset costs a registration fee could be charged for the sessions.

MOVED BY Councillor Dares, SECONDED BY Councillor Pink that the request from the Heritage Committee for financial assistance, in the amount of $1,500 to help defray the costs for Mr. Jim Bezanson to speak to the Heritage Committee and property owners to discuss further development of heritage in the down town area, be approved

MOTION CARRIED

JOINT LEISURE SERVICES

Councillor Dares advised the Joint Leisure Services Committee reviewed the budget.

OCCUPATIONAL HEALTH & SAFETY COMMITTEE

Deputy Mayor Hood raised concerns that the Occupational Health and Safety Committee had not met recently. The CAO advised that the meetings were held in accordance with the procedures adopted by the Committee. The CAO advised that the Department of Labour was apprised of the reasons which in the absence of a direct order to the contrary, were within guidelines.

The CAO advised he had received the report from the Department of Labour which identified deficiencies in Town owned buildings and noted these would be corrected.

WATERFRONT DEVELOPMENT CORPORATION

Deputy Mayor Hood advised they were working on further development at the waterfront.

JOINT EMO

Councillor Boudreau advised that a pamphlet titled "Preparing for the Unexpected" had been sent out to all residents of the Town and Municipality. He thanked the Coordinator, Harold Richardson, and the Committee for their hard work in putting together this

YARMOUTH COUNTY TOURIST ASSOCIATION

Councillor Judge questioned why the Yarmouth County Tourist Association was concerned about the recent announcement of a local representative for the Yarmouth area from the Department of Tourism. Councillor Strickland advised the Tourist Association had no prior knowledge of this announcement and is concerned how this new position would affect their funding, where the person would actually work, and how this person would fit in with the Tourist Association.

SOU'WEST AIR

Councillor Boudreau advised he had traveled on Sou'west Air, was impressed with the new air carrier and encouraged everyone to utilize this air service.

PORT OF YARMOUTH

Deputy Mayor Hood acknowledged that approval had been given to the Port for construction. He expressed a concern that if Vaughne Engineering had come in as low tender, would another contractor would be selected?

STAFF REPORTS

TEMPORARY BORROWING RESOLUTION

The CAO advised there was a need to renew a temporary borrowing resolution in the amount of $3,000,000 for a period not exceeding twelve (12) months. MOVED BY Councillor Dares, SECONDED BY Councillor Pink that a temporary borrowing resolution be renewed in the amount of $3,000,000 for a period not exceeding twelve (12) months. (Appendix C)

MOTION CARRIED

LEAKS IN THE TOWN HALL BUILDING

The CAO advised there had been leaks in the Town Hall building, but steps have been taken to solve the problem.

TAX SALE

The CAO advised that the Town had purchased the two properties from a recent Tax Sale and will discuss liability and other issues with the Solicitor.

NEW BUSINESS

HOUSING

Councillor Strickland advised a meeting would be set up with Gordon MacPherson to further discuss housing issues.

SNOW PLOWING BUDGET

Questions arose regarding the snow plowing budget. The CAO advised the report from the Engineer was included in their packages and added this would not cause a deficit this year.

Councillor Boudreau took this opportunity to thank the Public Works Department for doing such a fine job in clearing the streets and sidewalks this winter.

APPROVAL OF INVOICES

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

MOTION CARRIED

DATE OF NEXT MEETING

IT WAS AGREED the next meeting be scheduled for March 13, 2003.

ADJOURN

The Meeting adjourned at 10:00 p.m.

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MAYOR

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CHIEF ADMINISTRATIVE OFFICER