Council Minutes

June 13, 2002

A meeting of the Town of Yarmouth was held on Thursday, June 13, 2002

CALL TO ORDER

The Mayor called the meeting to order at 8:20 p.m. with the playing of O'Canada.

RECORD OF ATTENDANCE

APPROVAL OF AGENDA

IT WAS AGREED to approve the Agenda with the following addition and to meet "in camera" immediately after the meeting: 7. A.  d) UNSM -- Update on Assessment Services

APPROVAL OF MINUTES

MOVED BY Councillor Pink, SECONDED BY Councillor Dares that the minutes of May 2, 2002 be approved as circulated

MOTION CARRIED

PETITION

MILTON IMPROVEMENT SOCIETY

M. Trask, Milton improvement Society, presented Council with a petition signed by 2058 citizens regarding keeping the "Milton Horse Fountain" in its present location.

Mayor Crosby read the petition:

"The Milton horse fountain, located the intersections of Vancouver, Water and Main Streets, was commissioned by Clara Killam, a Yarmouth resident, designed by J. L. Mott of New York and installed at Milton on May 20, 1893. It is made of cast iron. Today, more than a century later, flowers are planted in the troughs by a friend of the Milton Improvement Society and the fountain remains - "a Yarmouth Landmark" and part of our heritage. "Recently there has been a "suggestion" by the town's traffic authority that the fountain be relocated. The Milton Improvement Society and friends OPPOSE the "relocation" of the Milton Horse Fountain. " (See Appendix A)

M. ROBICHEAU RE: 7 RYERSON COURT APPEAL

The CAO read correspondence from Maude Robicheau regarding an application for a variance for an addition of an unenclosed veranda to the single detached dwelling located at 7 Ryerson Court. (Appendix B)

MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Strickland that Council overturn the decision of the Development Officer and approve the application for a variance for an addition of an unenclosed veranda to the single detached dwelling located at 7 Ryerson Court.

MOTION CARRIED

Editor's Note: Councillor Pink requested the minutes to reflect that variance appeals can be made to Council whereby Council can decide to uphold or deny any decision.

CORRESPONDENCE FOR ACTION

YARMOUTH TOWN & COUNTY CRIME PREVENTION ASSOCIATION

Correspondence from Sandra Winters, Treasurer, Yarmouth Town & County Crime Prevention Association requesting $100 for the D.A.R.E. program, was considered.

MOVED BY Councillor Dares, SECONDED BY Councillor Pink that the request for $100 from the Yarmouth Town & County Crime Prevention Association for the D.A.R.E. program be approved.

MOTION CARRIED

FRIENDS OF THE YARMOUTH LIGHT

Correspondence from Adrienne Speck, President, Friends of the Yarmouth Light Society, requesting financial assistance in support of their participation in the 2002 CAT Promotion, was considered.

MOVED BY Councillor Boudreau, SECONDED BY Councillor Judge that $500 be approved for Friends of the Yarmouth Light for their involvement in the 2002 CAT Promotion.

MOTION DEFEATED

Editor's Note: Deputy Mayor Hood, Councillors Pink & Dares voted against the motion because funds were included in the Tourism budget specifically for the Yarmouth Light.

ECKLET PARTNERS LTD. - PENSION PLAN AMENDMENT

Correspondence from Chris Patterson, Ecklet Partners Ltd. regarding an amendment to the Town of Yarmouth Pension Plan was considered.

MOVED BY Councillor Dares, SECONDED BY Councillor Pink that the Mayor and CAO be authorized to sign and return Amendment No. 5 of the Town of Yarmouth Pension Plan to Eckler Partners Ltd.

MOTION CARRIED

UNSM - ASSESSMENT SERVICES

Correspondence from President Jerry Blumenthal, UNSM, regarding an update on Assessment Services, how the service would be provided, and who would pay for the service, was considered.

MOVED BY Councillor Dares, SECONDED BY Councillor Strickland that correspondence be forwarded to the UNSM advising that Council supports the present practice of Provincial responsibility for assessment services with municipal units paying a portion of the cost.

MOTION CARRIED

Editor's Note: Councillor Judge requested his opposition to the motion be recorded.

FIRE DEPARTMENT

The CAO referenced correspondence received from Richard Hurlburt, MLA who advised he presented a resolution in the House of Assembly on Thursday, May 9, 2002 commending Ken Kelly, Fire Chief, and the Yarmouth Fire Department for their quick response in containing the fire at the L. G. Trask Insurance Building.

STANDING COMMITTEES

FINANCE COMMITTEE

Councillor Pink provided a report from the Finance Committee.

MOVED BY Councillor Pink, SECONDED BY Councillor Dares that Council accept a budget in the amount of $10,263,312.00 for its general operations and a budget totaling $1,443,000.00 for the water utility for the year ended March 31, 2002, which provides for the following rates:

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

Business Improvement District

Garbage Collection & Processing

Pollution Control Charges (Sewer)

Meter Charge

Consumption

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

MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that the following recommendations from the Finance Committee be approved:

That Council approve the Grants to Charitable Organizations, as amended, for inclusion in the current year's budget;

That Council explore the possibility of purchasing a new fire truck in conjunction with Halifax Regional Municipality's purchase of new vehicles and if possible, waive our tendering policy with reference to this purchase;

That $500 be included in the current budget as a grant to the Scotia Sportsmen Association;

That Council proceed with First Reading of a Deed Transfer Tax; (Appendix C)

That Council accept the recommendation that provided for the development and implementation of the revenue proposal (tourism); (Appendix D)

That correspondence be forwarded to Gordon MacPherson, Department of Housing, advising Council is aware they may wish to purchase additional property on Argyle Street, and enquire if we can be of assistance;

That Council instruct the CAO to request the Sheriff to proceed to collect outstanding fees, etc. associated with the Hubert Brush Centre;

That Council authorize the CAO to implement the Employee Recognition Program, as amended; (Appendix E)

That Council rescind the Safety Incentive Program.

That Council adopt the amendment to the Personnel Policy for compassionate leave; (Appendix F)

That Council accept the amendment to the Personnel Policy that provides for a Service Award; (Appendix G)

That the request for relief from certain water rates by LaFarge Canada Inc. not be accepted at this time.

MOTION CARRIED

PUBLIC WORKS

CONCRETE SIDEWALKS & CURB PROGRAM 2002 SEASON

Contract unit prices were requested from three local contractors for the construction of new and replacement sidewalks & curbs on various streets throughout the Town for the 2002 construction season. Responses were received from two local contractors. After reviewing the results, it is recommended that the contract be awarded to LaFarge Canada Inc. with the lowest overall contract unit prices.

MOVED BY Councillor Dares, SECONDED BY Councillor Judge the contract for concrete sidewalks & curb program for the 2002 season be awarded to LaFarge Canada Inc. with the lowest overall contract unit prices. (Appendix H)

MOTION CARRIED

SEWER FLUSHING & CLEANING VIDEO INSPECTION

Invited tenders were requested from five firms for sewer line flushing and vacuum cleaning and video inspection for the 2002 season. Pricing was requested on the basis of unit costs.

MOVED BY Councillor Dares, SECONDED BY Councillor Pink the contract for sewer flushing and cleaning video inspection be awarded to Atlantic Industrial Cleaners, with the lowest overall price. (Appendix I)

MOTION CARRIED

PATCHING & PAVING

Invited tenders were requested from three paving contractors for contract unit prices for patching & paving various streets within the Town of Yarmouth for the 2002 construction season. Responses were received from three firms.

MOVED BY Councillor Dares, SECONDED BY Councillor Pink that the contract for patching & paving be awarded to the contractor submitting the lowest unit prices, Nova Paving Ltd. (Appendix J)

MOTION CARRIED

PLEASE OF TWO COMPACT PICKUP TRUCKS

Invited tenders were requested from four local automotive dealers for the lease of two 2002 compact pickup trucks. Two responses were received.

MOVED BY Councillor Strickland, SECONDED BY Councillor Pink that the contract for the lease of two 202 compact pickup trucks be awarded to the lowest tenderer, Motor Mart Ltd. in the amount of $294.14 + $350.00 security deposit + HST for each compact pickup truck. (Appendix K)

MOTION CARRIED

FIRE POLICY COMMITTEE

Councillor Pink advised concerns were raised with regard to the Town's Hiring Policy.

MOVED BY Councillor Pink, SECONDED BY Councillor Dares that staff be authorized to review the Town's Hiring Policy, provide recommendations to the Fire Policy Committee, who will provide a recommendation to Council.

MOTION CARRIED

Councillor Pink echoed the remarks of the CAO with regard to the commendation of the Fire Chief and the Yarmouth Fire Department with the recent fire at the L. G. Trask building and thanked the Fire Department for their diligence.

PLANNING ADVISORY COMMITTEE

Councillor Judge read the following recommendation from the Public Hearing of June 13, 2002:

MOVED BY Councillor Judge, SECONDED BY Councillor Strickland that Council accept the recommendations from the Heritage Advisory Committee that recommends the issuance of a Certificate of Appropriateness for Phase II of the Yarmouth County Museum expansion.

MOTION CARRIED

Councillor Pink declared a conflict of interest and removed himself from the table.

MOVED BY Councillor Judge that Council amend the Land Use By-law, in particular the Zoning Map, Schedule "A", thereby rezoning 332-344 Pleasant Street from Low Density Residential (R-1) to Medium Density Residential (R-2).

There being no seconder to this motion, the motion was lost.

MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Strickland the application for rezoning 332-344 Pleasant Street be referred back to the Planner and Solicitor for further clarification.

MOTION CARRIED

Editor's Note: Only those Councillors who attended the Public Hearing and participated in the discussion, voted on the motion.

Councillor Judge read the following recommendations from the Planning Advisory Committee meeting of June 4, 2002.

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 the Generalized Future Land use Map, thereby redesigning 10 Parade Street from Residential to Central Business District and concurrently amend the Land Use By-law in particular the Zoning Map, Schedule "A", thereby rezoning 10 Parade Street from Low Density Residential (R-1) to Downtown Commercial (C-1).

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 the Municipal Planning Strategy, in particular the Generalized Future Land Use Map, by redesignating a portion of 6 Thurston Street from Residential to Central Business District and concurrently amend the Land Use By-law, in particular the Zoning Map, Schedule "A" thereby rezoning a portion of 6 Thurston Street from Low Density Residential (R-1) to Downtown Commercial (C-1).

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 the Land Use By-law, in particular the Zoning Map, Schedule "A", thereby rezoning lands formerly known as 217 Pleasant Street from Low Density Residential (R-1) to Institutional (I-1).

MOTION CARRIED

YARMOUTH WATER UTILITY

Deputy Mayor Hood advised there were four tenders received in response to the call for tenders for the Water Treatment Plant, Phase 2.

MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Pink that the tender for the Water Treatment Plant, Phase 2 be awarded to the lowest tender, Three "C" Contractors Limited.

MOTION CARRIED

WATER RATE STUDY

MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Pink that the CAO be authorized and instructed to file the appropriate application to the Nova Scotia Utility and Review Board to give effect to an amendment to the current schedule of rates for water services. (Appendix L)

MOTION CARRIED

COMMITTEE STRUCTURE

Deputy Mayor Hood presented a proposed Committee Structure for the Protection of the Lake George Watershed.

MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Strickland that Council approve the proposed Committee Structure for the Protection of the Lake George Watershed. (Appendix M)

MOTION CARRIED

Deputy Mayor Hood also commented on a flow chart for the implementation of the Lake George Watershed Management Plan (WMP) which was previously circulated.

JOINT HERITAGE ADVISORY COMMITTEE

Councillor Dares advised there had been a plaque unveiling held June 9th for 62 Prospect Street, the Lighthouse, and 44 Huntington Street.

She also advised the Committee would forward correspondence for signature by the Mayor & Warden to be forwarded to the Premier, MLAs, etc. protesting the budget cuts to the provincial Heritage program.

JOINT LEISURE SERVICES COMMITTEE

Councillor Boudreau advised he had attended two meetings of the Joint Leisure Services Committee. The first dealt with the soccer field at Meadowfields Community School. He noted the principal and the Tri County District School Board stated the field was adequate for the students' use and that the P3 representative advised they had met conditions outlined in the contract. Councillor Boudreau advised he would update Council regarding further recommendations.

Councillor Boudreau also advised they were reviewing a user fee pilot project for Meadowfields Community School to help offset union/custodial contract regulations.

OTHER COMMITTEES

JOINT EMERGENCY MEASURES

Councillor Strickland advised the addition to the EMO building should be completed shortly and invited Council to view the building.

STORAGE -- WATERFRONT

Concerns were raised regarding the storage of minerals on the waterfront. Mayor Crosby advised he would be receiving additional information regarding the storage and Deputy Mayor Hood advised he was satisfied with the explanation he received from the company regarding the method for storage on the Waterfront.

STAFF

TENDER - BERNARD STREET

The CAO advised three tenders had been received for the demolition of 33 Bernard Street.

MOVED BY Councillor Judge, SECONDED BY Councillor Dares the tender for the demolition of 33 Bernard Street be awarded to the lowest tender, Hurlburt Construction Limited in the amount of $4,850.00 + HST which includes all costs for disposal.

MOTION CARRIED

REQUEST FOR INFORMATION

Councillor Dares requested that all information pertaining to Council be given to her in one package rather than portions via email. This would not apply to time sensitive issues.

APPROVAL OF INVOICES

MOVED BY Councillor Pink, SECONDED BY Councillor Dares 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 July 11, 2002.

ADJOURN

The Meeting adjourned at 8:55 p.m.

_______________________________________
MAYOR

_______________________________________
CHIEF ADMINISTRATIVE OFFICER