Council Minutes

July 10, 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

• Mayor Charles Crosby
• Councillor Byron Boudreau
• Councillor Esther Dares
• Councillor Murray Judge
• Councillor Martin Pink
• Deputy Mayor Cliff Hood
• Councillor Wally Strickland
• C.A.O., Ray Gallant
• Town Planner, Arthur MacDonald

REGRETS

• Solicitor, Greg Warner

APPROVAL OF AGENDA

MOVED BY Councillor Pink, SECONDED BY Councillor Dares, that the agenda be approved with the following additions:

Leisure Services committee, Councillor Pink re Lake Milo Other

• Mayor
• Deputy Mayor re Home Insurance>

MOTION CARRIED

APPROVAL OF MINUTES

MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares, that the minutes of the June 12, 2003 (Public Hearing), June 12, 2003 (Regular meeting), and the June 17th,2003 (Special Meeting), be approved as circulated.

MOTION CARRIED

DELEGATIONS

SAXTON/COMEAU - FINANCIAL STATEMENTS

Dave Saxton, Saxton Comeau, provided and overview of the Financial Statements of the Town of Yarmouth for the period ended March 31, 2003. (Appendix A).

Mayor Crosby thanked Mr. Saxton for his presentation and work regarding the financial statements and commented on the sound financial management due to the diligence of staff and Council. He thanked the CAO, in particular for his sound advice and ensuring the Town had the means to provide services to our community.

MOVED BY Councillor Pink, SECONDED BY Councillor Dares that Saxton Comeau be appointed the auditors for the Town for the 2003/04 fiscal year.

MOTION CARRIED

CORRESPONDENCE FOR ACTION

DEPARTMENT OF EDUCATION - LIBRARY FUNDING

Correspondence from the Department of Education regarding Library Funding was considered.

MOVED BY Councillor Judge, SECONDED BY Councillor Strickland that the correspondence be filed for future reference.

MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that the motion be amended by providing that a letter be forwarded to the Department of Education referencing earlier correspondence from Council regarding library funding.

On the question, the AMENDMENT CARRIED;

On the motion, AMENDED MOTION CARRIED.

UNSM GUIDELINES

Correspondence from the UNSM re guidelines was considered.

MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Strickland that the UNSM guidelines be received and filed for review at the next Council meeting.

MOTION CARRIED

TH'YARC - CELEBRITY ART AUCTION

Correspondence from Th'Yarc requesting Council take part in their Celebrity Art Auction, was considered.

IT WAS AGREED the Mayor and Councillors would provide art work for the Celebrity Art Auction for Th'Yarc.

STANDING COMMITTEES

FINANCE COMMITTEE

Councillor Pink provided a summary of the Budget.

MOVED BY Councillor Pink, SECONDED BY Councillor Dares that the Financial Statements as presented by Dave Saxton, Saxton Comeau, be accepted and approved.

MOTION CARRIED

MOVED BY Councillor Pink, SECONDED BY Councillor Dares that Council accept a budget in the amount of $11,190,208 for its general operations and a budget totaling $1,520,134.00 for the water utility for the year ended March 31, 2003, 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	$0.10 per $100 of Assessment

And that the following special purpose rates be struck to provide the revenue requested by the respective organizations.

Business Improvement District
Commercial Assessment	.0300
Business Occupancy	.66
Parking Levy	.57
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	$175.00
Commercial Apartments	$145.00
Residential	$115.00

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

FINANCE COMMITTEE ITEMS

Councillor Pink reviewed the action items from the Finance Committee meetings of June 25, 2003 and July 7, 2003.

MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Strickland that the following action items/motions recommended and approved by the Finance Committee be confirmed by Council.

• · that the Mayor and CAO be authorized to meet with a representative from Viking Cable with a view to identifying how the system can be improved.

• · The October, 2002 memo of the Fire Chief dealing with the creation of the position of Deputy Chief was considered. ·

There was considerable discussion with reference to the proposal.

MOVED that this topic be referred to the Fire Policy Advisory Committee for their consideration and recommendation.

MOVED that we continue to maintain a $20,000 contingency in the current budget, the expenditure which would be subject to prior Council approval.

· that correspondence be forwarded to the RCMP advising of Council's dissatisfaction of apparent lack of enforcement of the Town's By-laws, in particular, enforcement of By-Law No. 20.

· that the lowest tender, that of Pierce, 2003 Contender in the amount of $378,485.70 for the supply of a new fire pumper be accepted.

· Mr. Cushing's memo of June 23, 2003 (Appendix F) regarding required improvements to the Goudey Street Playground was reviewed.

that the recommendations totaling approximately $2,600 be approved and implemented as soon as possible.

During discussion it was understood that there would be no new trees and/or equipment installed in the playground and that the recommended lighting would not be installed at this time.

· A request from Mr. Hudson of Hut's Transit Limited for an increase in financial assistance from $30,000 to $45,000 per annum was reviewed. In response to questions, it was reported we had received financial statements for the period ended December 2002.

MOVED that Council grant an increase of $10,000 at this time and consider a further increase at a future meeting.

The CAO was instructed to meet with Mr. Hudson to obtain clarification of various issues raised by Council during their discussion.

• · IT WAS AGREED that Council authorize the CAO to proceed with improving the current audio system within the guidelines of the previous finance committee meeting and arrange for a presentation for new equipment in the future.

• · that Council hold the request for financial assistance from Huts Transit at $40,000 and request Mr. Hudson to present to Council if he wished to pursue additional funding from the Town.

• · that Council decline the financial request from Ground Search and Rescue and advise them that although Council appreciates their service, according to Town policy, it is not appropriate to provide funding to an organization that has a surplus in their accounts. However, if the Ground Search and Rescue organization finds itself in an emergency situation they are invited to bring forward their request to Council.

• · IT WAS AGREED the CAO be authorized to proceed with making arrangements to acquire the required easements for land for the widening of Starrs Road.

• · that the CAO be authorized to proceed with leveling and grating lots located at the extension of Gardner and Cann Streets for public parking.

• · that Council approve the budget and estimates as discussed and revised.

• · that the Tax Exemption amount be increased from $18,000 to $25,000.

• After discussion the mover and seconder agreed to withdraw the motion.

• IT WAS AGREED the CAO would provide additional information and check into the possibility of incorporating the tax exemption. allowance into a CMHC study.

• · IT WAS AGREED the CAO would obtain additional information regarding the grant request from the HOPE organization and considered at a future meeting.

• · that the schedule for grants to organizations be approved as amended. (Appendix B)

• · that the CAO be instructed to transfer such amounts from reserve to capital as discussed to fund additions to the Capital Program.

Deputy Mayor Hood advised that due to restrictions in amounts for the Grants to Organizations, there would be some disappointment from these organizations. He suggested, in future, Council should set aside a Saturday after the deadline for applications for Grants to meet with the individuals/groups who applied for a grant for their organization.

MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Strickland that in 2004, following the deadline for submissions of grants, that Council meet with applicants and review the applications for grants.

MOTION CARRIED

FIRE POLICY ADVISORY COMMITTEE

Councillor Pink advised they had met with representatives of the Municipality of the District of Yarmouth regarding the Town's position with regard to fire inspections.

PLANNING ADVISORY COMMITTEE

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

MOVED BY Councillor Judge, SECONDED BY Councillor Dares, to advertise for a public hearing in order to consider and if deemed advisable amend the Land Use By-law, in particular Part 16.3 in order to reduce the minimum lot area requirement from 22,000 square feet to 20,000 square feet in the General Commercial ( C - 2 ) infill lot area.

MOTION CARRIED

MOVED BY Councillor Judge, SECONDED BY Councillor Dares to advertise for a public hearing in order to consider and if deemed advisable amend the Land Use By-law, in particular the Zoning Map, Schedule "A" thereby rezoning 13 Second Street (PID #90207564) and 17 Second Street (PID #90244153) from Low Density Residential ( R - 1) to Downtown Commercial ( C - 1 ).

MOTION CARRIED

MOVED BY Councillor Judge, SECONDED BY Councillor Strickland to advertise for a public hearing in order to consider and if deemed advisable amend the Land Use By-law, in particular Part 16.6 by changing the required parking spaces for shopping centres, plazas and strip malls to six (6) parking spaces for each one thousand square feet or fraction thereof of gross commercial floor area excluding common mall areas between stores, vestibules, washrooms and closets and by adding the required parking spaces for warehousing at one (1) parking space for each five hundred (500) square feet or fraction thereof of gross floor area in the General Commercial ( C - 2 ) zone.

MOTION CARRIED

Council was advised that Karen Hipson resigned from the Planning Advisory Committee.

MOVED BY Councillor Dares, SECONDED BY Councillor Strickland that Council accept the resignation of Karen Nickerson from the Planning Advisory Committee with regret.

MOTION CARRIED

YARMOUTH WATER UTILITY

Deputy Mayor Hood, Chair of the Yarmouth Water Utility, advised the Water Treatment facility had been in operation for approximately two weeks. He commented the quality of the water is reflected in the taste.

Deputy Mayor Hood also commented on public concerns with water leaks at the corner of Starrs Road. He advised the Public Works Department was down three employees and delays had resulted due to getting the new treatment plant online. He suggested a tour of the new Water Treatment facility would be scheduled once the Engineer returned from vacation.

Deputy Mayor Hood advised that Brian Bridgeo had agreed to serve on the Lake George Watershed Management Committee.

MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Strickland that Council confirm the appointment of Brian Bridgeo to the Lake George Watershed Management Committee.

MOTION CARRIED

OTHER COMMITTEES

JOINT HERITAGE COMMITTEE

Councillor Dares commented on a letter of thanks and appreciation written to Linda Campbell, Heritage Coordinator, from the Region of Queens Municipality for hosting the presentation and workshop on downtown development/redevelopment held on May 15th & 16th, 2003.

Councillor Dares advised that the Conservation District By-law refers to Heritage Officer rather than Heritage Coordinator.

MOVED BY Councillor Dares, SECONDED BY Councillor Pink that Linda Campbell complete the duties of Heritage Officer as referred to in the Heritage Conservation District By-law.

MOTION CARRIED

JOINT LEISURE SERVICES COMMITTEE

Councillor Pink advised he had received complaints/concerns with the speed of watercraft on Lake Milo and the closeness they were traveling to the designated swimming area.

Deputy Mayor Hood advised there is no speed limit on lakes however referrals can be made to the RCMP.

IT WAS AGREED to pass along these concerns to the Leisure Services Committee.

WATERFRONT DEVELOPMENT CORPORATION

Deputy Mayor Hood advised there were two major waterfront projects being undertaken by the Town and Municipality. The first one is opposite Tim Horton's/Wendys and the other is a development from the IMO building to Bunkers Island. He advised the Committee thanked both the Municipality of the District of Yarmouth and the Town for their support in development of the Yarmouth Waterfront.

MARINERS CENTRE MANAGEMENT BOARD

Deputy Mayor advised the storage building at Mariners Centre was being completed.

Mayor Crosby thanked the Management Board and General Manager, Bob Osadchy for their hard work. He advised he was glad to have been involved in the process for the storage building which would be widely used for upcoming events.

STAFF REPORTS

The CAO advised direction was required from Council regarding housing issues and requested that Council proceed with its intent to redevelop an area in the South end of Town.

MOVED BY Councillor Strickland, SECONDED BY Councillor Dares that Council designate Albert Street South to the Town Boundary line as a renewal/redevelopment area for the Town.

MOTION CARRIED

MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Boudreau that Council request the Planning Advisory Committee to extend the number/type of Commercial uses permitted in the South end Commercial zone.

MOTION CARRIED

The CAO requested direction regarding the surplus in the operating accounts.

MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that the interest from the operating reserve be transferred to general revenue for use in the year in which it is earned.

MOTION CARRIED

The CAO provided background information regarding increases in assessments.

IT WAS AGREED to refer this information to the Finance Committee for consideration at their next meeting.

NEW BUSINESS

Deputy Mayor Hood raised concerns regarding home insurance and the possibility of looking at exemptions and the level of exemptions for low income families.

MOVED BY Councillor Strickland, SECONDED BY Councillor Dares that correspondence be forwarded to the Province requesting they step in and deal with the insurance industry concerning the rising costs of insurance and also that Deputy Mayor Hood draft an emergency resolution to present to the UNSM, through the Mayor, requesting they lobby the Province to place a cap on the costs of insurance.

MOTION CARRIED

APPROVAL OF INVOICES

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

ADJOURN

On motion, meeting adjourned at 8:40 p.m.

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MAYOR

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CHIEF ADMINISTRATIVE OFFICER