Council Minutes
May 8, 2003
A meeting of the Town Council of the Town of Yarmouth was held on Thursday, May 8, 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
REGRETS
APPROVAL OF AGENDA
Additions:
MOVED BY Councillor Dares, SECONDED BY Councillor Pink that the Agenda be approved with the additions.
MOTION CARRIED
APPROVAL OF MINUTES
MOVED BY Councillor Boudreau, SECONDED BY Councillor Pink that the minutes of April 10, 2003 (public hearing and regular meeting) be approved as circulated.
MOTION CARRIED
BUSINESS ARISING
TABLED MOTION ( April 10, 2003)
MOVED BY Councillor Strickland, SECONDED BY Councillor Dares that any decision regarding Diversion Credits be tabled
Correspondence from the Municipality of the District of Barrington requesting support of their position on diversion credits was considered. The CAO advised the Solicitor's opinion indicated municipal units are to report directly to the Province.
MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that correspondence be forwarded to the municipal units concerned about diversion credits indicating the Town of Yarmouth will only, in so far as possible, release statistics on solid waste to them.
TABLED MOTION CARRIED
YARMOUTH AREA INDUSTRIAL COMMISSION RE MEMBERSHIP
Deputy Mayor Hood requested that Mayor Crosby to comment on the contents of the minutes from the Yarmouth Area Industrial Commission regarding the composition of the Board.
Mayor Crosby advised the Yarmouth Area Industrial Commission would provide a list of appointees for Council approval. He indicated if there was concern regarding this process he would request Mr. Frank Anderson take these concerns to the Commission and request an amendment to the minutes. He advised the Commission is not a municipal unit and does not have resources for liability issues.
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Judge that the Council representatives on the Yarmouth Area Industrial Commission relay Council's concerns and request the minutes of the Commission be corrected to reflect the actions of the Committee.
TABLED MOTION CARRIED
CORRESPONDENCE FOR ACTION
NDP QUESTIONNAIRE
Correspondence from the NDP Caucus Community Investment Advocacy Team requesting municipalities to complete a "Municipal Infrastructure Needs Questionnaire" was considered.
MOVED BY Councillor Pink, SECONDED BY Councillor Dare that the CAO be authorized to complete the questionnaire from the NDP Caucus Community Investment Advocacy Team, review it with Mayor Crosby and submit it for consideration.
MOTION CARRIED
CAP FUNDING REQUEST
Correspondence from Chris Atwood, CAP Coordinator, Shelburne and Yarmouth requesting $750 towards the IT convention, was considered.
MOVED BY Councillor Boudreau, SECONDED BY Councillor Pink that the request for $750 towards the IT convention, be approved.
MOTION CARRIED
UNSM RE RISING ASSESSMENT
Correspondence from the UNSM regarding Rising Assessment, was considered.
MOVED BY Councillor Dares, SECONDED BY Councillor Judge to advise the UNSM that Council cannot support the three recommendations under consideration by the UNSM Executive.
MOTION CARRIED
UNSM REGIONAL MEETING
Correspondence from the Sherri Lewis, Town of Digby regarding UNSM Regional Meetings, was considered.
IT WAS AGREED that members would advise Sherri Lewis, Town of Digby, if they planned to attend the Regional Meeting scheduled for June 20, 2003 in the Argyle area. CORRESPONDENCE FOR INFORMATION
LIEUTENANT GOVERNOR'S MEDAL AWARDS
An invitation from the Department of Education to Council, advising that Her Honour, Lieutenant Governor Myra Freeman, will present the Lieutenant Governor's Medal to Grade 11 students on May 20, 2003 at St. Mary's Bay Academy in St. Bernard, Digby County, was circulated.
Councillor Boudreau advised he attended the recent Heritage Fair at the Yarmouth Junior High where the Lieutenant Governor was in attendance and commented on the success of the event.
STANDING COMMITTEES
FINANCE COMMITTEE
Councillor Pink advised the next meeting of the Finance Committee is scheduled for Tuesday, May 27, 2003 at a time to be determined.
YARMOUTH AREA INDUSTRIAL COMMISSION
Correspondence from the Yarmouth Area Industrial Commission requesting support for the supply services building at Mariners Centre, was considered.
MOVED BY Councillor Pink, SECONDED BY Councillor Dares the request from the Yarmouth Area Industrial Commission additional financial support for the supply services building at Mariners Centre, be referred to Finance.
MOTION CARRIED
PUBLIC WORKS
ASPHALT PATCHING AND PAVING
The CAO advised tenders were requested for contract unit prices for asphalt patching and paving various streets within the Town for the 2003 construction season. After reviewing the tenders it was recommended that the contract be awarded to the contractor submitting the lowest unit prices, Aberdeen Paving Ltd. (Appendix A).
MOVED BY Councillor Pink, SECONDED BY Councillor Judge that the contract for contract unit prices for asphalt patching and paving various streets within the Town for the 2003 construction season be awarded to the contractor submitting the lowest unit prices, Aberdeen Paving Ltd.
MOTION CARRIED
SIDEWALKS AND CURB PROGRAM
The CAO advised tenders were requested for the construction of new and replacement sidewalks and curbs on various streets throughout the Town for the 2003 construction season. After reviewing the tenders it was recommended that the contract be awarded to the contractor submitting the lowest overall price, LaFarge Construction. (Appendix B)
MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares that the contract for the construction of new and replacement sidewalks and curbs on various streets throughout the Town for the 2003 construction season be awarded to the contractor submitting the lowest overall price, LaFarge Construction.
MOTION CARRIED
GRANULAR MATERIALS
The CAO advised tenders were requested for the supply of granular materials for the 2003 construction season. After reviewing the tenders, it was recommended that the tender be awarded to LaFarge Canada Inc. for 3/8" pea stone and winter sand, and Aberdeen Paving Ltd. For type 1, 1S, type 2 and 1 1/4" clear stone. (Appendix C)
MOVED BY Councillor Dares, SECONDED BY Councillor Pink that the tender for the supply of granular materials for the 2003 construction season be awarded to LaFarge Canada Inc. for 3/8" pea stone and winter sand, and Aberdeen Paving Ltd. For type 1, 1S, type 2 and 1 1/4" clear stone.
MOTION CARRIED
PUBLIC WORKS GARAGE
The CAO advised tenders were requested for the Public Works Facility. After reviewing the tenders, it was recommended that the tender be awarded to Three "C" Contractors Ltd. in the amount of $1,165,000. (Appendix D)
MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that the tender for the Public Works Facility be awarded to Three "C" Contractors Ltd. In the amount of $1,165,000.
During discussion it was noted that the tender did not include the cost for site preparation which, if possible, would be completed by Town staff in an attempt to reduce costs.
MOTION CARRIED
SURPLUS EQUIPMENT
The CAO advised tenders were requested for surplus equipment and vehicles. After reviewing the tenders, it was recommended that each piece of equipment and each vehicle be sold to the highest bidder. (Appendix E)
MOVED BY Councillor Dares, SECONDED BY Councillor Pink that the tenders for the surplus equipment and vehicles be awarded to the highest bidder for each piece of equipment and/or vehicle.
MOTION CARRIED
STORM WATER DRAINAGE
The CAO advised CBCL, consultants, for the Forest Street and Haley Road Storm Sewer project was ready to go to tender.
MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares that Council proceed with the tender for the Forest Street and Haley Road Storm Sewer project.
MOTION CARRIED
FIRE POLICY ADVISORY COMMITTEE
Councillor Pink advised the Fire Policy Advisory Committee met to assess and discuss the possibility of sharing Fire Inspection Services with the Municipality of the District of Yarmouth.
After much discussion,
IT WAS AGREED that due to legislation and additional duties for Fire Inspectors the Town would continue its present practice of providing inspection duties for the Town.
IT WAS ALSO AGREED the CAOs of the Town and Municipality of the District of Yarmouth would review the sharing formula relative to the cost of the Fire Inspector and report to their respective representatives. If acceptable, a recommendation would be made to the two Councils.
PLANNING ADVISORY COMMITTEE
Councillor Judge advised the following were recommendations from the Planning Advisory Committee:
To advertise for a public hearing in order to consider and if deemed advisable amend the Town of Yarmouth Subdivision By-law.
To advertise for a public hearing in order to consider and if deemed advisable amend the Municipal Planning Strategy, in particular Policy 2.4.1 and concurrently amend the Land Use By-law, in particular Part 18.1 to include "personal service shops up to 500 square feet of gross commercial floor area" as a use permitted within the Local Commercial C - 4) zone as outlined in Appendix "A".
And Concurrently,
Amend the Land Use By-law, in particular Part 27(59), the definition of "personal service shop" by deleting the words "automatic laundry shops" and substituting therefore the word "laundromats".
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 9/11 Willow Street from Residential to Central Business District and concurrently amend the Land Use By-law, in particular the Zoning Map, Schedule "A" thereby rezoning 9/11 Willow Street from Low Density Residential R - 1) to Medium Density Residential R - 2) as outlined in Appendix "B".
And Concurrently,
Amend the Land Use By-law by inserting a new provision, Part 9.8, as outlined in Appendix "C".
And Concurrently,
As a housekeeping amendment, amend the Municipal Planning Strategy, in particular the Generalized Future Land Use Map by redesignating a strip of land 12 feet by 103± feet, part of lands 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 the subject area from Low Density Residential R - 1) to Downtown Commercial C - 1).
To advertise for a public hearing in order to consider and if deemed advisable amend the Municipal Planning Strategy , in particular Policy 2.2.5 by renumbering it to Policy 2.2.5(A) and inserting a new Policy, Policy 2.2.5(B) as outlined below.
2.2.5(B) It shall be the intention of Council to enable existing residential uses subject to the Low Density Residential R - 1) zone requirements and subject to all general provisions for all residential zones as permitted uses within the Commercial Holding C - 5) zone and enable the issuance of municipal development permits in accordance with said restrictions provided the lot is serviced with municipal sewer and water services and conforms with the minimum lot area and frontage requirements of the C - 5 zone or otherwise has not had its lot area or frontage reduced.
AND CONCURRENTLY
An amendment to the Land Use By-law, in particular Part 19, by inserting new provisions, Part 19.3 and Part 19.4 as outlined below.
Notwithstanding Part 19.1, a development permit may be issued for existing residential uses subject to the Low Density Residential R - 1) zone requirements and subject to general provisions for all residential zones provided the lot is serviced with municipal sewer and water services and conforms with Part 19.4, or otherwise has not had its lot area or frontage reduced.
No development permit shall be issued in the General Commercial C - 5) zone except in conformity with the following:
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 221 Pleasant Street from Residential to General Commercial and concurrently amend the Land Use By-law, in particular the Zoning Map, Schedule "A", thereby rezoning a portion of 221 Pleasant Street from low Density Residential R - 1) to Institutional (I-1) and concurrently rezone a portion of 227 Pleasant Street from Commercial Holding C - 5) to Institutional (I-1) as outlined in Appendix "A", and concurrently amend Policy 2.2.14 as outlined in Appendix "B".
MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau to advertise for a public hearing to consider the above recommendations from the Planning Advisory Committee.
MOTION CARRIED
IT WAS AGREED the Chair of the Planning Advisory Committee would paraphrase recommendations from the Committee in future.
YARMOUTH WATER UTILITY
Deputy Mayor Hood recommended confirmation of the appointments to the Lake George Watershed Management Protection Committee as follows
:
MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares that the appointments to the Lake George Watershed Management Protection Committee, be approved.
MOTION CARRIED
Deputy Mayor Hood advised the following were recommendations from the Lake George Watershed Management Protection Committee:
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Dares that Council budget up to $100,000 for the sewage system implementation in the Watershed area.
MOTION CARRIED
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Dares that Council investigate the existence of on-site and abandoned wells and septic systems within the Watershed Area.
MOTION CARRIED
Deputy Mayor Hood advised the next meeting of the Committee is scheduled for Monday, May 12, 2003.
JOINT HERITAGE ADVISORY COMMITTEE
Councillor Dares advised Jim Bezanson, Chair of the Heritage Canada Foundation, will be speaking at a workshop planned for the evening of May 15 and the morning of May 16 and encouraged members of Council and the community to attend. These workshops are geared toward the redevelopment and changes of use of some developments in the Downtown area. Councillor Dares requested Deputy Mayor Hood bring greetings on behalf of the Town, in the absence of Mayor Crosby.
JOINT LEISURE SERVICES COMMITTEE
Councillor Dares advised the Leisure Services meeting had been postponed to next week.
Deputy Mayor Hood advised he attended the Volunteer Awards Banquet and the Mayflower Awards Banquet, on behalf of Mayor Crosby and the Town. He advised both events were very well attended and went very well.
YARMOUTH PARKING COMMITTEE
The CAO advised of the following recommendations from the Yarmouth Parking Committee:
IT WAS AGREED the recommendations from the Yarmouth Parking Committee to keep the Parking Lot Tax Rate at $ .57 per $100 of assessment and to consider realigning the BID and Parking Tax areas to cover the same area, be referred to the Finance Committee.
COUNCIL CHAMBERS SOUND SYSTEM
Councillor Pink advised the reception of televised Council meetings is very poor and recommended a review of the system. The CAO advised a proposal for a new sound system will be included in the budget.
WATERFRONT DEVELOPMENT CORPORATION LIMITED
Deputy Mayor Hood advised that an announcement was made regarding the waterfront development along the North end of Water Street, and a call for tenders for the Milton Industrial Heritage Park will be issued.
Councillor Boudreau advised the Municipality of the District of Digby was impressed with the Town/Municipal EMO booklet and requested to utilize it in their area.
SOUTHWEST SHORE DEVELOPMENT AUTHORITY
Councillor Boudreau advised he attended the South West Information Technology (IT) Week Expo at the Nova Scotia Community College, Burridge Campus and was impressed with the exhibits.
STAFF REPORTS
MUNICIPALITY OF THE DISTRICT OF YARMOUTH - REQUEST FOR JOINT MEETING RE: LANDFILL
Correspondence from the Municipality of the District of Yarmouth requesting a Joint Meeting to discuss the operation of the Landfill, was considered.
MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares that Council or a Committee of Council meet with the Municipality of the District of Yarmouth to discuss the operation of the Landfill.
MOTION CARRIED
BOYS AND GIRLS CLUB REQUEST
Correspondence from the Boys and Girls Club requesting the third installment of their $35,000 grant, was considered.
MOVED BY Councillor Dares, SECONDED BY Councillor Pink that the request from the Boys and Girls Club for their third installment of their $35,000 grant, be approved.
MOTION CARRIED
DISCHARGE OF DEVELOPMENT AGREEMENT
The CAO advised a request had been received from Norma D'Eon and Charles Edgar D'Eon to discharge the Development Agreement with the Town of Yarmouth as the property in question had been sold and was no longer appropriate for the use as a boarding house.
MOVED BY Councillor Pink, SECONDED BY Councillor Dares that the Development Agreement between Norma D'Eon and Charles Edgar D'Eon and the Town of Yarmouth be discharged.
MOTION CARRIED
PURCHASE OF PROPERTY
Mayor Crosby reported as a result of negotiating the cost of a property in the Southern end of Town, he advised the Town could purchase the property for $23,000.
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Boudreau that the Town of Yarmouth proceed to finalize the purchase of the Danny MacIssac property at 126 Main Street for $23,000.
MOTION CARRIED
APPROVAL OF INVOICES
MOVED BY Councillor Pink, SECONDED BY Councillor Boudreau 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 June 12, 2003
ADJOURN
The Meeting adjourned at 8:50 p.m.
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MAYOR
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CHIEF ADMINISTRATIVE OFFICER