Council Minutes
June 10, 2004
A meeting of the Town Council of the Town of Yarmouth was held on Thursday, June 10, 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 Byron Boudreau
Councillor Esther Dares
Councillor Murray Judge
Councillor Wally Strickland
Solicitor, Greg Barro
C.A.O., Jeff Gushue
Executive/Recording Secretary, Rose Earle
REGRETS
Councillor Martin Pink
APPROVAL OF AGENDA
IT WAS AGREED to approve the agenda, as circulated.
APPROVAL OF MINUTES
MOVED BY Councillor Strickland, SECONDED BY Councillor Judge that the minutes of May 12, 2004 (Audit Committee), May 13, 2004 (Finance Committee, Public Hearing, Regular Council) be approved as circulated.
MOTION CARRIED
DELEGATION
RCMP
Mayor Crosby welcomed S/Sgt. Ray Flynn who introduced new members of the Town Detachment, Corporal Church, from Bridgewater and Constable Dunphy, from the Academy, and gave a brief overview of their backgrounds.
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S/Sgt. Flynn reviewed performance agreements, identified local priorities and advised the RCMP were bound by national & provincial priorities and how they fit into priorities for Yarmouth. He advised their goal was to increase production for 2004 which covers various levels of policing such as street level traffickers, search warrants, drug enforcement, foot patrols, police check points, etc.
S/Sgt. Flynn also identified amalgamation as a priority and that they hoped to have a decision made by March 31, 2005. He invited Council to identify other priorities that may be relevant.
In response to questions, S/Sgt. Flynn advised that the members would be heavily burdened with the Tall Ships visit and that individual leaves had been cancelled to accommodate the additional services required for this function. He also mentioned that they would try to accommodate the Acadian Congress as well and is encouraging members to meet and greet citizens as they patrol the town.
Mayor Crosby thanked S/Sgt. Flynn and welcomed Corporal Church and Constable Dunphy to Yarmouth.
GARY ARNETT B PERMISSION FOR ENCROACHMENT
Mayor Crosby invited Mr. Gary Arnett to present his request for permission for an encroachment regarding the remodeling of the front of his building at 3 Jenkins Street.
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Boudreau that the request from Mr. Gary Arnett to continue with the encroachment on Town property for the purpose of remodeling his building at 3 Jenkins Street be approved provided that the Town has the right to reserve that six months= notice be provided for alterations or removal of the encroachment.
MOTION CARRIED
BUSINESS ARISING
CANADIAN CHARITABLE ORGANIZATION
The CAO brought forward a revised draft of the Canadian Charitable Organization By-law No. 27.
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Deputy Mayor Hood noted the change in the copy circulated to Council and the one presented at this meeting regrading the Yarmouth Columbus Club.
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Boudreau that Second Reading of the Canadian Charitable Organizations By-law, as presented by the CAO with amendments, be approved.
MOTION CARRIED
CORRESPONDENCE FOR ACTION
YARMOUTH AREA INDUSTRIAL COMMISSION
Correspondence from Frank Anderson, Yarmouth Area Industrial Commission, requesting funding in the amount of $2,500 to complete an analysis of the potential benefits that may accrue in the County from the opening of the White Rock Project by Black Bull Resources, was considered.
MOVED BY Councillor Dares, SECONDED BY Councillor Judge that the Town of Yarmouth participate in the study as proposed by the Yarmouth Area Industrial Commission and approve funding in the amount of $2,500 as requested.
MOTION CARRIED
Questions arose as to who would be performing the study outlined above.
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Boudreau that the CAO be instructed to obtain additional information regarding the proposed study and report at the next meeting.
MOTION CARRIED
CANADIAN TAXPAYERS FEDERATION
Correspondence from John Williamson, Canadian Taxpayers Federation, requesting support for municipalities to support their goal, sign a petition, and send a message to the federal and provincial governments requesting they direct half of the gasoline and other fuel tax revenues toward roadway construction and maintenance was considered.
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MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Judge that the correspondence from the Canadian Taxpayers Federation be placed on file.
MOTION CARRIED
YARMOUTH COUNTY COMMUNITY HEALTH BOARD
Correspondence from Jane Cunningham, Chairperson, Yarmouth County Community Health Board inviting the Mayor and Councillors to attend the Community Health Forum was considered.
IT WAS AGREED that individual Councillors would contact the Yarmouth Community Health Board if they planned to attend.
YARMOUTH COUNTY UNITED BAPTIST ASSOCIATION C GOSPEL CONCERTS
Correspondence from Rev. Garth MacKay and Pastor Chad Nickerson, Co-Chairs of the 2004 Waterfront Gospel Music Committee requesting permission to conduct gospel concerts at the Killam Wharf commencing June 27 through to August 29, was considered.
MOVED BY Councillor Strickland, SECONDED BY Councillor Boudreau that the request from the Yarmouth County United Baptist Association to hold gospel concerts at Killam= s Wharf from June 27 to August 29, be approved.
MOTION CARRIED
Editor= s Note:
STRATEGY INSTITUTE B CANADIAN NATIONAL SUMMIT ON MUNICIPAL GOVERNANCE
Correspondence from the Strategy Institute regarding an upcoming Canadian National Summit on Municipal Governance was discussed. Deputy Mayor Hood expressed an interest in attending this workshop.
MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares that Deputy Mayor Hood attend the Canadian National Summit on Municipal Governance.
MOTION CARRIED
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Editor= s Note:
SCOTIA PRINCE CRUISES
Correspondence from John Hamill, Senior Vice President and Chief Operating Officer for Scotia Prince Cruises Ltd, requesting assistance in placing four additional Customs/Immigration computerized foot passenger processing stations and the required Customs/Immigration staff to reduce the processing time of inbound visitors, was considered.
MOVED BY Councillor Strickland, SECONDED BY Councillor Dares that correspondence be forwarded to the Federal Government, our MP, the local MLAs, the Tourist Association, and Port of Yarmouth expressing the Town= s support for placing four additional Customs/Immigration computerized foot passenger processing stations, and required staff to reduce the processing time for visitors.
MOTION CARRIED
Editor= s Note:
MOVED BY Councillor Boudreau, SECONDED BY Councillor Strickland that correspondence be forwarded to the Federal Government, our MP, the local MLAs, the Tourist Association, and Port of Yarmouth expressing the Town= s support for and encouraging the Federal Government to build a new ferry terminal facility.
MOTION CARRIED
YARMOUTH COUNTY HISTORICAL SOCIETY B INVITATIONS
Invitations from the Yarmouth County Historical Society inviting Council to attend their opening of the A Ships of Clare@ on June 11th and the A Three Acadian Artists@ on June 13th were distributed to Council.
YARMOUTH MOTORMART MARINERS JR. A HOCKEY CLUB
Correspondence from Paul Currie, Head Coach and General Manager of the Yarmouth MotorMart Mariners, advising that the season tickets were up for renewal, was considered.
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MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares that Council proceed with renewing the season tickets for the MotorMart Mariners, as was done last year.
MOTION CARRIED
RICK HANSON, WHEELS IN MOTION
Correspondence from Rick Hanson, President and CEO of Wheels In Motion, requesting the Mayor encourage staff and citizens to participate in the Second Annual Wheels In Motion event on June 13, 2004 was considered. The Mayor encouraged staff and citizens to take part in this event which would commence Sunday, June 13 at the Town Hall.
RETURNING OFFICER
Correspondence from Marie Atkinson, Returning Officer, seeking a recommendation that the date for completion of the final list of electors for the Town of Yarmouth be September 3, 2004, was considered.
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Strickland that the request from the Returning Officer regarding the completion date (September 3, 2004) for the final list of electors for the Town of Yarmouth, be approved.
MOTION CARRIED
KAYE NICKERSON ADULT SERVICE CENTRE B OPEN HOUSE
Correspondence from the Kaye Nickerson Adult Service Centre inviting Council to attend their open house on Wednesday, June 16, 2004 at 7:00 p.m., was circulated.
110 YARMOUTH ROYAL CANDAIAN CANADIAN CADET CORP.
Mayor Crosby commented on the event held June 5, 2004 whereby the Town of Yarmouth presented the 110 Yarmouth Royal Canadian Cadet Corp. with the A Freedom of the Town.@ He mentioned that this Cadet Corp is the oldest Corp east of Montreal.
STANDING COMMITTEES
FINANCE COMMITTEE
The CAO provided a list suggested dates for upcoming budget meetings starting with the week of June 21, 2004.
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PLANNING ADVISORY COMMITTEE
The Chair of the Planning Advisory Committee brought forward the following recommendations from the Public Participation meeting of June 7, 2004, the Planning Advisory Committee meeting of May 25, 2004 and from the Public Hearing of June 10, 2004:
MOVED BY Councillor Judge 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 mobile home subdivisions throughout the residential designation by development agreement.
Mayor Crosby called for a seconder three times.
Editor= s Note:
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 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
MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau to establish the A S@ value (the structural cost in dollars of a single parking space) of the cash-in-lieu parking space formula pursuant to Part 15.5 of the Town= s Land Use By-law at $775.00. (For information, the previous value of A S@ was established at $714.00.)
MOTION CARRIED
MOVED BY Councillor Judge, SECONDED BY Councillor Dares to open a portion of Oak Drive and Brooklyn Streets as shown on the attached plan, as a public open street, upon being serviced with adequate sewer and water services.
MOTION CARRIED
Editor= s Note:
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Discussion followed regarding the Starrs Road issue and tying streets together to alleviate the traffic flow on Starrs Road. It was suggested Herbert Street be opened.
MOVED BY Councillor Dares, SECONDED BY Councillor Strickland that staff be instructed to provide a report outlining concerns/solutions to alleviate the Starrs Road traffic flow.
MOTION CARRIED
MOVED BY Councillor Judge, SECONDED BY Councillor Dares to advertise for a public hearing in order to consider and if deemed advisable convey a portion of land known as PID90219486 as shown on the attached sketch, in keeping with Section 273 (13) of the Municipal Government Act.
MOTION CARRIED
MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau to advertise for a public hearing in order to consider and if deemed advisable amend an existing development agreement between the owners of 82 Main Street and the Town of Yarmouth.
MOTION CARRIED
MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau to advertise for a public hearing in order to consider and if deemed advisable 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 Dares to discharge a development agreement signed on September 11, 1991 and filed in Book 490 at Pages 449-459 as Document Number 5105 (formerly a development agreement with R. Hurlburt Construction Limited for a sand and gravel processing plant at 5 Clements Avenue.)
MOTION CARRIED
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MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau to advertise for a public hearing in order to consider and if deemed advisable close a portion of Clements Avenue in keeping with Section 315 of the Municipal Government Act.
MOTION CARRIED
MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau to amend the Land Use By-law, in particular Part 27, Definition #77, Signs, as well as Part 6.2 by inserting new provisions, Part 6.2(11) and Part 6.2(12) in order to regulate off-site window signs.
MOTION CARRIED
YARMOUTH SOUTH REDEVELOPMENT PROJECT
Councillor Judge provided an update on the Yarmouth South Redevelopment project and general discussion followed.
It was suggested that it would be appropriate for the CAO and Mayor to meet with the Regional Health group and perhaps Gillian Rowley to discuss the possibility of a health clinic in Yarmouth South.
Councillor Boudreau advised that he would be attending a meeting on June 15, 2004 at the High School and would welcome the opportunity to represent the Town on this Committee.
Councillor Judge expressed his concern that a meeting should be held with the partners involved prior to meeting with the Committee regarding a health clinic to determine what steps are required to proceed.
MOVED BY Councillor Judge, SECONDED BY Councillor Strickland that the CAO and Mayor meet with the Regional Health Authority to discuss the possibility of a health clinic.
MOTION CARRIED
In response to questions regarding the housing situation, Mayor Crosby advised the provincial government has not yet contributed for housing projects and that the process has progressed as far as the Town can at this time. He would keep Council apprised of the situation.
The CAO advised the Planner is currently working on plans suggesting where developments would be located, i.e., court house, health clinic, etc.
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Deputy Mayor Hood commented on the proposed developments for Yarmouth South and commended Council for not seconding the motion regarding mobile home subdivisions. He provided his support regarding a health clinic as long as it met the criteria that would be outlined by the Health Authority. He suggested Council could use monies put aside for grants and redirect our share in a medical facility or other combined uses in that area, i.e., pharmacy, Tim Hortons, etc., as well as encourage private development in another part of a proposed building, etc.
LEISURE SERVICES
Councillor Dares advised Council that there had been complaints received from the public about not being able to use the Tennis Courts on Albert Street. She further advised that the Leisure Services Committee made the decision to put up a sign, lock the gate and only give out keys for a membership fee which would be returned when the member was finished using the court. She stated she had spoken with the CAO about this matter and will take alternative solutions back to the Committee.
Councillor Dares also mentioned the news booklet and encouraged everyone to keep it near their telephone book as it was an important resource for the community.
Deputy Mayor Hood questioned the turning over of Gateway Park for soccer use and Councillor Dares advised this decision was not made at the Committee Level.
It was suggested that the priority use for Gateway Park remain baseball.
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Boudreau that a request be made to the Leisure Services staff to utilize Gateway Park field for baseball, and if necessary for soccer when it is available.
MOTION CARRIED
OCCUPATIONAL HEALTH AND SAFETY
Councillor Boudreau advised the Occupational Health and Safety Committee had received a letter concerning a staff member, Linda Campbell, who was injured by the handling of large volumes of registry books at the Registry of Deeds. He will keep Council apprised of the situation.
JOINT EMERGENCY MEASURES ORGANIZATION
Councillor Boudreau advised the Committee had met earlier this month and they hoped to have a grand opening for their expansion as well as an exercise in November.
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DOCTORS= ASSISTANT COMMITTEE
Councillor Strickland referred to the minutes of a meeting held May 18, 2004 and advised the Committee was considering a 3rd Incentive Package for the relocation of doctors to the Yarmouth area. He advised the Municipality of the District of Yarmouth and the Municipality of the District of Argyle have approved the 3rd Incentive Package and requested Council provide their approval as well.
MOVED BY Councillor Strickland, SECONDED BY Councillor Boudreau that the request for a 3rd Incentive Package in the amount of $5,000 per year up to four years depending upon successful completion, be approved.
MOTION CARRIED
Councillor Strickland noted that these incentive packages have been a great help to encourage new doctors to locate here and that the rate payers in area should be aware that their tax dollars are being spent to help with the doctor shortage in this area.
VOLUNTEERS TO SERVE ON COMMITTEES
The CAO advised a recommendation would be forthcoming at the next meeting for Volunteers to Serve on Committees.
STAFF REPORT
TRAFFIC AUTHORITY
The CAO advised that Council was required to appoint a Traffic Authority.
MOVED BY Councillor Dares, SECONDED BY Councillor Strickland that S/Sgt. Ray Flynn be appointed Traffic Authority for the Town of Yarmouth.
MOTION CARRIED
2ND GENERATION LANDFILL
The CAO brought forward recommendations from an In Committee meeting regarding a 2nd Generation Landfill.
MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that the CAO be authorized to proceed with the proposal to see what can be done to partner with other municipal units regarding a 2nd generation landfill.
MOTION CARRIED
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ENVIRONMENTAL IMPACT STUDY
The CAO brought forward a recommendation from an In Committee meeting regarding an Environmental Impact Study.
MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares that the CAO be authorized to proceed with an environmental study which is required to prepare for a 2nd generation landfill.
MOTION CARRIED
APPROVAL OF INVOICES
MOVED BY Councillor Dares, SECONDED BY Councillor Strickland 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 July 8, 2004.
ADJOURNMENT
Meeting adjourned at 8:55 p.m.
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MAYOR
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CHIEF ADMINISTRATIVE OFFICER