Council Minutes

 

January 8, 2004

 

A meeting of the Town Council of the Town of Yarmouth was held on Thursday, January 8, 2004.

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

IT WAS AGREED that the agenda be approved with the following additions under Correspondence:

a) South West Nova District Health Authority re Visitation & Physician Sponsorship

b) EMO re Representation

c) Councillor Strickland re Yarmouth Health Clinic

d) Staff Recommendation B 2nd Generation Landfill

e) Memo re Starrs Road

f) John Goudey re Lobster Classic

APPROVAL OF THE MINUTES

MOVED BY Councillor Dares, SECONDED BY Councillor Strickland, that the minutes of December 11 (regular), 15 (Emergency), and 19 (Special), 2003, be approved as circulated.

                                MOTION CARRIED

PAGE 3065

BUSINESS ARISING

DRAFT POLICY B RECORDS MANAGEMENT

The CAO provided additional information regarding the disposal of records. He advised that the policy being proposed was developed by the Association of Municipal Administrators in consultation with representatives from Service Nova Scotia and Municipal Relations and complies with Section 34 of Municipal Government Act.

MOVED BY Councillor Dares, SECONDED BY Councillor Pink that the Records Management and Destruction policy be approved.

                                MOTION CARRIED

DELEGATION

JEFF RAYNARD B VARIANCE APPEAL

Councillor Pink declared a conflict of interest and stepped away from the Council table.

Mr. Jeff Raynard requested approval for a variance appeal for 11 Carleton Street and expressed his concerns relative to the refusal of the variance.

Mr. Raynard was informed that based on a legal opinion, Council could not approve his application for a variance.

Mr. Jim Bower and Mr. Jean Bernard Comeau, residents of the area, expressed their concern with the proposal to build a multi-family dwelling at 11 Carleton Street and requested the zoning in the area be kept to a single family residential area.

After much discussion,

MOVED BY Councillor Dares, SECONDED BY Deputy Mayor Hood, that the request for a variance for 11 Carleton Street be denied.

                                MOTION CARRIED

Councillor Pink returned to the Council table.

 

PAGE 3066

CORRESPONDENCE FOR ACTION

AIRPORT COMMISSION

Correspondence from the Yarmouth Airport Commission regarding the future potential of the airport, was considered.

MOVED BY Deputy Mayor Hood, seconded by Councillor Judge that correspondence be forwarded to the Airport Commission asking them if, in fact, if the airport remains in the state it was or if any of the property has been sold. If it has been sold, how much rental income have they lost. Also, are they continuing to work in accordance with their TC agreements.

Editor= s Note: Council requested a copy of the TC agreements in order to carry out due diligence.

                                MOTION DEFEATED

MOVED BY Councillor Dares, SECONDED BY Councillor Strickland that Council request a meeting with the Airport Commission Board, the Municipality of the District of Yarmouth, Municipality of the District of Argyle and the Town of Yarmouth at a mutually agreed time.

Editor= s Note: The suggested meeting date is January 20, 2004.

MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Boudreau to amend this motion by including that prior to any meeting all documents exchanged as well as a preliminary agreement between the Municipality of the District of Yarmouth and the Airport Commission for a proposed agreement for the municipality to take over or become involved in the Airport Commission, be provided so that we can know what was happening in that regard.

After much discussion, the mover and seconder agreed to withdraw the amendment.

                                ORIGINAL MOTION CARRIED

Editor= s Note: The Mayor agreed to verbally request a meeting with the municipal units and Airport Commission Board on January 20, 2004. He will also try to obtain the information referred to regarding a draft agreement with the Municipality of the District of Yarmouth and the Airport Commission.

PAGE 3067

REQUEST FOR ANTI-IDLING BYLAW

Correspondence from Mr. Emre Uzun, resident, expressing his concerns relative to energy efficiency, was considered. Mr. Uzun was present at the meeting and requested Council introduce an A anti-idling@ bylaw to reduce the pollution to the atmosphere.

Editor= s Note: The CAO was directed to obtain additional material which would be made available to the public.

MOVED BY Councillor Dares, SECONDED BY Councillor Strickland that the CAO be directed to draft a proposed policy statement regarding anti-idling for Town-owned vehicles.

MOTION CARRIED

Editor= s Note: Mayor Crosby left the meeting at 8:35 p.m. and Deputy Mayor Hood assumed the Chair.

YARMOUTH COUNTY TOURIST ASSOCIATION

Correspondence from Wendy Muise, General Manager, Yarmouth County Tourist Association requesting financial assistance for advertising costs for the upcoming tourist year, was considered.

MOVED BY Councillor Strickland, SECONDED BY Councillor Dares the request from the Yarmouth County Tourist Association for financial assistance for advertising costs, be referred to the Finance Committee.

                                MOTION CARRIED

Editor= s Note: Mayor Crosby returned to the meeting at 8:40 and assumed the Chair.

MUNICIPALITY OF THE DISTRICT OF YARMOUTH RE STARRS ROAD

Correspondence from Warden Perry, Municipality of the District of Yarmouth expressing concerns about an article in The Vanguard, A Plans Afoot to Fix Starrs Road,@ was considered.

The CAO advised he had met with representatives from the Yarmouth Mountain Cemetery Company regarding property that may have to be expropriated and is currently in the process of identifying the land value. He advised preliminary background information was required prior to meeting with the Municipality of the District of Yarmouth to discuss any possible land purchase to accommodate any proposed changes to Starrs Road.

PAGE 3068

MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that correspondence be forwarded to the Municipality of the District of Yarmouth advising the CAO obtained preliminary information that would be required if expropriation of land is necessary with regard to the proposed expansion of Starrs Road, and there was no intention on the Town= s behalf that we solely own the Mariners Centre property as was stated in The Vanguard.

                                MOTION CARRIED

Editor= s Note: A meeting will be set up with the Municipality of the District of Yarmouth regarding Starrs Road as soon as appropriate information regarding costs, amount of land required, etc. is obtained.

NSGEU & CUPE RE GENERAL AGREEMENT ON TRADE IN SERVICES (GATS)

Correspondence from the NSGEU and CUPE regarding current negotiations relating to the General Agreement on Trade in Services (GATS) was considered.

MOVED BY Councillor Strickland, SECONDED BY Councillor Dares the correspondence from NSGEU & CUPE in which they express their concerns regarding constraints on local government decision-making that could arise under GATS, be referred to the UNSM for consideration.

                                MOTION CARRIED

BOYS AND GIRLS CLUB RE PLAYGROUND

Correspondence from Gary Leach, Boys and Girls Club of Yarmouth, advising Council that it may not be able to operate the South Main Street Playground in 2004, was considered.

After consideration,

MOVED BY Councillor Pink, SECONDED BY Councillor Boudreau that the correspondence from the Boys and Girls Club regarding the South Main Street playground be placed on file for future reference and that the Department of Leisure Services be requested to make a proposal to maintain the playground at the appropriate time, if needed.

                                MOTION CARRIED

PAGE 3069

CORRESPONDENCE FOR INFORMATION

NEW TANG DYNASTY TELEVISION CANADA B CHINESE NEW YEAR

Correspondence from Joe Wang, President, New Tang Dynasty Television Canada, requesting a greeting from the Town of Yarmouth for their New Year= s Concert scheduled for January 10, 2004 at the Toronto Convention Centre, was considered.

MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares that greetings from the Town of Yarmouth be forwarded to Joe Wang, New Tang Dynasty Television Canada in celebration of the Chinese New Year.

                                MOTION CARRIED

SOUTH WEST NOVA DISTRICT HEALTH AUTHORITY B BLAISE MACNEIL

Correspondence from Blaise MacNeil, Chief Executive Officer South West Nova District Health Authority, regarding an article in The Vanguard concerning physician sponsorship, was considered.

In response to questioning, Councillor Strickland advised he would respond to Mr. MacNeil= s letter once he had reviewed the minutes of the December 10, 2003 Dr. Search Committee meeting.

EMO B REPRESENTATION

Correspondence from Harold Richardson, Emergency Measures Organization, expressing his concerns regarding the lack of Council representation at their last three meetings, was considered. Councillor Boudreau advised the representation issue for the EMO Committee has been resolved.

YARMOUTH HEALTH CLINIC

Correspondence from Milton Fraser, Secretary, Yarmouth Health Clinic Action Group, regarding a proposal to establish a medical clinic in Yarmouth, was considered.

IT WAS AGREED the concept of a medical clinic in Yarmouth be referred to the Planning Advisory Committee.

SECOND GENERATION LANDFILL

Five consulting engineering firms were invited to submit proposals for undertaking a feasibility study for the development of a 2nd Generation Landfill Disposal Site adjacent to the existing Hardscratch Road Landfill Site. After reviewing the proposals, the Engineer recommended the study be awarded to Dillon Consulting Ltd.

PAGE 3070

MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that the tender for a Call for Proposals for a 2nd Generation Landfill Feasibility Study be awarded to Dillon Consulting Ltd. for the maximum upset price of $15,908.00 plus HST.

                                MOTION CARRIED

FIRE DEPARTMENT RE BINGO

Correspondence from Oliver Gascoigne, Secretary, advising Council of the Yarmouth Volunteer Fire Department= s decision to continue their Wednesday night Bingo, was considered.

MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Dares that correspondence be forwarded to CEMCSA advising them of the Volunteer Fire Department= s decision.

                                MOTION CARRIED

REPORTS

FINANCE COMMITTEE

Councillor Pink advised the next Finance Committee meeting is scheduled for Wednesday, January 21, 2004.

PLANNING ADVISORY COMMITTEE

Councillor Judge advised that a public meeting to discuss the redevelopment of the South end of Town is tentatively scheduled for Saturday, February 7, 2004 at 10:00 at the Notre Dame Youth Centre on Queen Street. He advised this information will be confirmed at the Planning Advisory Committee meeting on Monday, January 12, 2004.

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

MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau to advertise for a public hearing in order to consider and if deemed advisable amend the Municipal Planning Strategy, in particular Policy 2.2.3 and concurrently amend the Land Use By-law, in particular Part 16.1 to list A construction trades and contractors@ as a permitted use in the General Commercial ( C - 2 ) zone.

                                MOTION CARRIED

PAGE 3071

MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau to advertise for a public hearing in order to consider and if deemed advisable enter into a development agreement in order to establish ten (10) dwelling units at 1-3 Kirk Street.

                                MOTION CARRIED

MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau to enter into a development agreement in order to establish an inn with function rooms at 27-29 Willow Street. (Appendix A)

                                MOTION CARRIED

Editor= s Note: Councillor Pink declared a conflict of interest and did not participate in the discussion regarding the development agreement for 27-29 Willow Street.

WATER UTILITY

Deputy Mayor Hood advised that results of a recent water test were well within the guidelines.

Deputy Mayor Hood advised plans for an overpass on the Brooklyn Road were proceeding which would mean significant costs would be incurred for the realignment of the Water Main.

MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Dares that correspondence be forwarded to the Department of Transportation advising that although Council is aware that relocation of the Lake George Water Transmission Main is required, it would not take objection to a deferral for three or four years from the Department of Transportation and Public Works which would enable Council to plan for this capital expenditure within its budget.

                                MOTION CARRIED

OTHER COMMITTEES

JOINT LEISURE SERVICES COMMITTEE

Councillor Dares advised they were going ahead with the replacement of the furnace at the Lake Milo Boat Club.

 

PAGE 3072

Councillor Dares advised the soccer field at Meadowfields Community School suffered damage from ATVs. She informed the public that their tax dollars are being spent on repairs and if anyone had any information regarding this incident they inform the police and the Department of Leisure Services.

DR. SEARCH COMMITTEE

Councillor Strickland advised copies of the minutes of December 10, 2003 meeting of the Dr. Search Committee would be provided to Council upon completion.

YARMOUTH LOBSTER CLASSIC

Correspondence from John Goudey, Arrangements Committee, Yarmouth Lobster Classic, requesting financial assistance for $500 toward the American Contract Bridge League Sectional Tournament, was considered.

MOVED BY Councillor Pink, SECONDED BY Councillor Dares that the request for $500 toward the American Contract Bridge League Sectional Tournament be referred to the Finance Committee.

                                MOTION CARRIED

Editor= s Note: Councillor Pink declared a conflict of interest and stepped away from the table during discussion for the Lobster Classic.

STAFF REPORTS

Councillor Dares inquired about a congratulatory reception for Greg Warner. The CAO advised this would be discussed further at an In Committee session scheduled for January 21, 2004.

APPROVAL OF THE INVOICES

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

                                MOTION CARRIED

PAGE 3073

DATE OF NEXT MEETING

IT WAS AGREED the next meeting would be scheduled for February 12, 2004.

ADJOURNMENT

Meeting adjourned at 9:10 p.m.

 

 

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MAYOR

 

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CHIEF ADMINISTRATIVE OFFICER