Council Minutes
July 8, 2004
A meeting of the Town Council of the Town of Yarmouth was held on Thursday, July 8, 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
Mayor Charles Crosby
Deputy Mayor Cliff Hood
Councillor Martin Pink
Councillor Byron Boudreau
Councillor Esther Dares
Councillor Murray Judge
Councillor Wally Strickland
Solicitor, Greg Barro
C.A.O., Jeff Gushue
Executive/Recording Secretary, Rose Earle
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 Dares , SECONDED BY Councillor Pink that the minutes of June 10, 2004 (Public Hearing & Council), June 16, 2004 (Special), be approved as circulated.
MOTION CARRIED
BUSINESS ARISING
BLACK BULL RESOURCES B UPDATE (WHITE ROCK PROJECT)
The CAO reported that the study for the potential benefits in relation to the White Rock Project by Black Bull Resources would be tendered out by the Yarmouth Area Industrial Commission.
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DAVE WHITING B EVENTS PROPOSAL
The CAO reviewed Events Proposal respecting a marketing and promotions levy from Dave Whiting and advised it was similar to a bylaw in place within other municipal units. He advised that if Council approved the request it would require a Private Members= Bill by the Province for implementation.
Mayor Crosby clarified that the Yarmouth Development Corporation is requesting support from the Town of Yarmouth and that this would not become a Town By-law. He advised that the representatives from the hotel industry as well as the Tourism Association were in favour of this and that it is not an additional tax for the residents of the Town. He further advised that the hotels/motels would be collecting this tax and that the monies would be used for enhancing accommodations, etc. within the Town.
MOVED BY Councillor Pink, SECONDED BY Councillor Dares that the Town of Yarmouth send a letter to the Yarmouth Development Corporation in support of the marketing and promotions levy.
MOTION CARRIED
CORRESPONDENCE FOR ACTION
DEPARTMENT OF ENVIRONMENT & LABOUR B AIR QUALITY REGULATIONS
The CAO referred to correspondence from the Department of Environment and Labour regarding the Air Quality Regulations and advised they will be receiving public input and/or recommendations up to August 2004.
MOVED BY Councillor Pink, SECONDED BY Councillor Dares that the correspondence from the Department of Environment and Labour be placed on file for future reference.
MOTION CARRIED
CANADIAN FEDERATION OF BUSINESS B TAXES
Correspondence from the Canadian Federation of Independent Business regarding property taxation, specifically, commercial day care operators, Business Occupancy Tax and the need for a property tax policy for the Province, was considered.
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The CAO advised the issue regarding private day care centres was addressed through our Tax Exemption by-law and that Council will be addressing the Business Occupancy Tax at a later date.
MOVED BY Councillor Dares, SECONDED BY Councillor Strickland that the CAO be directed to reply to the request from the Canadian Federation of Independent Business and advise them Council will take their comments into consideration when the Business Occupancy Tax is dealt with.
MOTION CARRIED
Editor= s Note:
STANDING COMMITTEES
FINANCE COMMITTEE
The Chair reported that there were recently three finance committee meetings which dealt with grants, budget, etc. He provided a summary of the budget (appendix A.)
MOVED BY Councillor Pink, SECONDED BY Councillor Dares that Council accept a budget in the amount of 11,856,737 for its general operations and a budget totaling $2,001,480 for the water utility for the year ended March 31, 2005, which provides for the following rates:
Residential $1.50 per $100 of Assessment
Commercial Property $3.02 per $100 of Assessment
Commercial Equipment $3.02 per $100 of Assessment
Resource General $1.50 per $100 of Assessment
Business Occupancy $3.02 per $100 of Assessment
Farmland $2.16 per Acre
Capital Reconstruction/Development Fund C $0.10 per $100 of Assessment
And that the following special purpose rates be struck to provide the revenue requested by the respective organizations.
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Business Improvement District
Commercial Assessment .0300 B per $100 of Assessment (Real Property)
Business Occupancy .66 B per $100 of Assessment (Business Occupancy)
Parking Levy .57 B per $100 of Assessment (Business Occupancy)
Parking Pass $20.00 per month
Garbage Collection & Processing
Residential $115.00 per dwelling unit up to a maximum of 3(three) dwelling units per building
Other In excess of 3 (three) dwelling units is deemed Commercial and at the owner= s expense. Retail, and other Commercial type operators, is deemed Commercial and at the owner= s expense.
Pollution Control Charges (Sewer)
Meter Charge
Commercial Business $230.00
Commercial Apartments $184.00
Residential $151.00
Consumption
Various as per URB Decision
Interest Rate
Interest at the rate of 18% per annum will be charged on delinquent accounts.
And that the Town Clerk and Treasurer be instructed to implement the inherent recommendations, administer and control the operating budget, and report to Council as appropriate.
MOTION CARRIED
Councillor Pink brought forward the following recommendation from the Finance Committee meeting of July 5, 2004:
PAGE 3157
MOVED BY Councillor Pink, SECONDED BY Councillor Dares that the request from the Southwest Shore Development Authority for guaranteeing a bridge financing loan, in the amount of $95,750, be approved.
MOTION CARRIED
Editor= s Note:
The Chair requested approval for the Finance Committee minutes of June 24 and July 5, 2004.
MOVED BY Councillor Pink, SECONDED BY Councillor Dares that the minutes of June 24 & July 5, 2004 (Finance Committee) be approved as circulated.
MOTION CARRIED
FIRE POLICY ADVISORY COMMITTEE
Correspondence from Ken Kelly, Director of Fire Services, advising that the Advisory Committee of the Yarmouth Fire Department was requesting Veteran Status for Jeanette Kelly, was considered.
MOVED BY Councillor Pink, SECONDED BY Councillor Dares that the request for Jeanette Kelly for Veteran Status be approved.
MOTION CARRIED
PLANNING ADVISORY COMMITTEE
The Chair of the Planning Advisory Committee brought forward the following recommendations from the Public Hearing of July 8, 2004:
MOVED BY Councillor Judge, SECONDED BY Councillor Strickland to amend the Municipal Planing Strategy and Land Use By-law to exempt residential and commercial developments in existing buildings from the parking requirements in the Downtown Commercial (C-1) zone.
MOTION CARRIED
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MOVED BY Councillor Judge, SECONDED BY Councillor Pink to amend Part 19 (A).5 of the Land Use By-law to enable the outdoor displays of automobiles within five (5) feet of any public right-of-way in the Commercial Industrial (CI-6) zone.
MOTION CARRIED
MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau to amend the existing development agreement between the owners of 82 Main Street (Ernie= s Bar & Grill Limited) and the Town of Yarmouth.
MOTION CARRIED
MOVED BY Councillor Judge, SECONDED BY Councillor Strickland to amend the Municipal Planning Strategy and Land Use By-law to restrict banks and financial institutions greater than 200 square feet to the C-1 and W-CI zones (Downtown Area.)
MOTION CARRIED
MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau to declare a portion of land known as PID 90219486 as surplus land and convey or otherwise sell said portion in keeping with Section 273 (13) of the Municipal Government Act.
MOTION CARRIED
MOVED BY Councillor Judge, SECONDED BY Councillor Dares to close a portion of Clements Avenue between Forest Street and Albert Street right-of-way, in keeping with Section 315 of the Municipal Government Act.
MOTION CARRIED
Editor= s Note:
MOVED BY Councillor Judge, SECONDED BY Councillor Strickland to discharge a Development Agreement between Yarmouth Sea Products Limited and the Town of Yarmouth signed on June 1, 1999 and filed in book 583 at page 597 as document number 1485.
MOTION CARRIED
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JOINT HERITAGE ADVISORY COMMITTEE
Councillor Pink advised that the Joint Heritage Advisory Committee met on Tuesday, June 22, 2004 and discussed the Heritage Property Inventory On-line project. He advised the Educational Sub Committee of the Joint Heritage Advisory Committee addressed concerns about funding sources for the funds necessary to complete this project.
MOVED BY Councillor Pink, SECONDED BY Councillor Dares that the request from the Joint Heritage Advisory Committee to allow the Educational Sub Committee to research funding sources be approved and that a letter be forwarded to the Heritage Advisory Committee advising that Council approves the idea in principle without any commitment for funding at this time.
MOTION CARRIED
Councillor Pink also advised that the Educational Sub Committee, through the Joint Heritage Advisory Committee, requested funding, not to exceed 2 of $500 to help support a Stakeholders Public Workshop.
MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that Council contribute up to 1/2 of $500 to help support a Stakeholders Public Workshop put on by the Educational Sub Committee of the Joint Heritage Advisory Committee.
MOTION CARRIED
Editor= s Note: It was suggested that the invitation to this workshop be distributed to the First Nations as well as any visible minorities. Councillor Pink advised he would bring this to the attention of the Committee.
LEISURE SERVICES
Deputy Mayor Hood brought forward a recommendation from the In Committee session regarding Meadowfields Community School.
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Dares that a letter be forwarded to Leroy Legere, Chief Executive Officer, Southwest Regional School Board advising that the Town is prepared to proceed with a solution to utilizing the soccer field at Meadowfields Community School.
MOTION CARRIED
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PARKING COMMITTEE
Deputy Mayor Hood brought forward the following recommendations from the Parking Committee:
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Strickland that Council keep the Parking Lot Tax Rate at $.57 per $100 of assessment.
MOTION CARRIED
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Boudreau that Council reconsider realigning the BID and Parking Tax areas by the end of this year.
MOTION CARRIED
JOINT EMERGENCY MEASURES ORGANIZATION
Councillor Boudreau advised he attended a A ham radio@ exercise on June 26, 2004 from 3:00 p.m. to 10:00 p.m. He advised it was an excellent exercise with lots of activity.
STAFF REPORT
The CAO brought forward a recommendation from the In Committee meeting to rescind the present appeal to the Ministerial Order from Minister of Environment and Labour regarding the Compost Facility.
MOVED BY Councillor Strickland, SECONDED BY Councillor Dares that the CAO be authorized to rescind the present Appeal to the Ministerial Order regarding the Compost Facility.
MOTION CARRIED
The CAO also brought forward a recommendation regarding improvements at the Compost Facility regarding the ventilation system.
MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that the CAO be authorized to proceed with the recommendation made by CBCL to accept the tender received from Germain Mechanical & Electrical regarding the ventilation system in the amount of $154,370, plus tax.
MOTION CARRIED
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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 August 12, 2004
ADJOURNMENT
Meeting adjourned at 8:25 p.m.
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MAYOR
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CHIEF ADMINISTRATIVE OFFICER