Council Minutes
May 13, 2004
A meeting of the Town Council of the Town of Yarmouth was held on Thursday, May 13, 2004 in the Council Chambers of the Town Hall, Yarmouth, N. S.
CALL TO ORDER
The Mayor called the meeting to order at 8:17 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 Martin Pink
Councillor Wally Strickland
Solicitor, Greg Barro
C.A.O., Jeff Gushue
Executive/Recording Secretary, Rose Earle
APPROVAL OF AGENDA
IT WAS AGREED to approve the agenda, as circulated.
MOTION CARRIED
APPROVAL OF MINUTES
MOVED BY Councillor Pink, SECONDED BY Councillor Dares that the minutes of April 14, 2004 (Public Hearing and Regular meeting), April 17, 2004 (Finance Committee), as well as the May 4, 2004 (Special meeting) be approved, with the following correction.
April 14, 2004 Regular meeting, Page 3108, Wood Chips B Should read... the A test burn@ of wood chips from the Landfill was carried out in Brooklyn, Queens County.
MOTION CARRIED
PAGE 3121
BUSINESS ARISING
CANADIAN CHARITABLE ORGANIZATION
The CAO brought forward a revised draft of the Canadian Charitable Organization By-law No. 27.
MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that First Reading of the Canadian Charitable Organizations By-law, as presented by the CAO with amendments, be approved.
MOTION CARRIED
CORRESPONDENCE FOR ACTION
SOUTH WEST NOVA INTERAGENCY NETWORK
In response to correspondence from the South West Nova Interagency Network regarding emergency assistance in the community, Mayor Crosby indicated he would be attending a meeting on May 17, 2004.
TH= YARC B SILVER JUBILEE
Correspondence from Th= Yarc inviting Council to attend and express acknowledgment of their Silver Jubilee scheduled for May 29, 2004, was considered.
Councillors Boudreau and Strickland advised they would be able to attend.
USE OF SCHOOL AGREEMENT
The CAO advised he had received a Use of School Agreement, relating to a possible emergency, from the Southwest Regional School Board. He advised the Solicitor had reviewed the Agreement and recommended approval.
MOVED BY Councillor Strickland, SECONDED BY Councillor Boudreau that the CAO be authorized to sign the Use of School Agreement and forward a copy of same to EMO.
MOTION CARRIED
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DEPARTMENT OF ENVIRONMENT AND LABOUR
Correspondence from Robert Langdon, Executive Director Environmental and Natural Areas Management Division, advising of a new initiative to develop a Canada-wide Strategy for the management of Municipal Wastewater Effluent (MWWE), was considered.
MOVED BY Councillor Pink, SECONDED BY Councillor Dares that Mayor Crosby and Dave Ernst, Town Engineer, attend the Maritime Regional Wastewater Meeting scheduled to be held in Moncton, New Brunswick on June 16, 2004.
MOTION CARRIED
DAVE WHITING B EVENTS YARMOUTH PROPOSAL
An Events Yarmouth Proposal received from Dave Whiting, was considered.
MOVED BY Councillor Pink, SECONDED BY Councillor Dares that the Events Yarmouth Proposal received from Dave Whiting be referred to the Finance Committee.
MOTION CARRIED
PROPOSED BYLAW B MARKETING AND PROMOTIONS LEVY
Mr. Whiting explained a proposed By-law respecting Marketing and Promotions Levy. He advised the purpose of the proposed By-law was to increase the funds coming into Yarmouth year round. He also advised that the hotels/motels and the Tourist Association were in favour of the proposal.
After discussion,
IT WAS AGREED that the proposed By-law respecting Marketing and Promotions Levy be referred to the Solicitor for review.
FINANCE COMMITTEE
Councillor Pink brought forward the following recommendations from Finance Committee:
PAGE 3123
WOMEN= S AUXILIARY B HULLABALOO
MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that the request for the Town of Yarmouth to cost share 50% in the rental fee for the Mariners Centre to hold the Hullabaloo, be approved.
MOTION CARRIED
Editor= s Note:
ROYAL CANADIAN ARMY CADETS
MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that the request from the 110 Yarmouth Royal Canadian Army Cadet Corp to Parade through the Downtown, be approved.
MOTION CARRIED
MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that One Hundred Dollars ($100) be donated toward the 110 Yarmouth Royal Canadian Army Cadet Corp toward their annual inspection ceremony on June 5, 2004.
MOTION CARRIED
PUBLIC WORKS COMMITTEE
The CAO brought forward the following recommendations from the Town Engineer:
CONCRETE SIDEWALKS & CURB PROGRAM - 2004 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 2004 construction season. The CAO advised that after reviewing the results, it is recommended that the contract be awarded to LaFarge Canada Inc. based on the unit prices.
MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that the contract for the construction of new and replacement sidewalks & curbs for the 2004 construction season be awarded to LaFarge Canada Inc.
MOTION CARRIED
PAGE 3124
ASPHALT PATCHING & PAVING TENDER B 2004 SEASON
Invited tenders were requested from three paving contractors for contract unit prices for patching and paving various streets within the Town of Yarmouth for the 2004 construction season. The CAO advised that after reviewing the tenders, it is recommended that the contract be awarded to Aberdeen Paving Ltd., the contractor who submitted the lowest overall unit prices.
MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that the contract for patching and paving various streets within the Town of Yarmouth for the 2004 construction season be awarded to Aberdeen Paving Ltd.
MOTION CARRIED
GRANULAR MATERIALS TENDER B 2004 SEASON
Invited tenders were requested form three suppliers for the supply of granular materials for the 2004 construction season. The CAO advised that after reviewing the tenders, it is 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, providing that the materials meet the required specifications as determined by an independent materials testing lab.
MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau 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, providing that the materials meet the required specifications as determined by an independent materials testing lab.
MOTION CARRIED
FIRE POLICY
Councillor Pink advised that plans were underway to recognize two veterans who have achieved 50 year status with the Yarmouth Fire Department. He advised the full Council would be invited to participate.
PLANNING ADVISORY COMMITTEE
LIQUOR STORE B LOCATION
PAGE 3125
In response to questioning, the Planner advised it would be difficult to keep the liquor store in the downtown instead of it going to Starrs Road as Council would have to define it as a specified use and list the use as C1 only; at the present time zoning is retail and liquor stores are permitted in any retail zone.
Concerns were expressed with keeping the liquor store in the downtown area. It was suggested that the CAO, Planner and Solicitor investigate to see what could be done to keep the liquor store at its present location.
MOVED BY Councillor Dares that a letter be sent to the MLA and Minister advising of the Town= s position against changing the location of the liquor store.
There was no seconder for this motion therefore the motion was lost.
MOVED BY Deputy Mayor Hood that the issue of the location of liquor stores be referred to the Planning Advisory Committee.
There was no seconder for this motion therefore the motion was lost.
MOVED BY Councillor Pink, SECONDED BY Councillor Boudreau that the issue of the location of the liquor store be referred to the Solicitor and CAO for recommendation.
After discussion, the mover and seconder agreed to withdraw the motion.
Editor= s Note:
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Strickland that the issue of the location of liquor stores in the Town of Yarmouth referred to the Planning Advisory Committee to look at the pros and cons to see whether or not there should be any changes.
MOTION CARRIED.
Editor= s Note:
REZONING LANDS NORTH OF 108 STARRS ROAD
Councillor Judge brought forward the following recommendation from the Public Hearing held May 13, 2004:
PAGE 3126
MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau to amend the Land Use By-law, in particular the Zoning Map, Schedule A A@ , thereby rezoning lands north of Starrs Road from Residential Holding (R-H) to General Commercial (C-2).
MOTION CARRIED
Editor= s Note:
Councillor Judge brought forward the following recommendation from the Planning Advisory Committee meeting of April 19, 2004, 2004:
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 to regulate off-site window signs.
MOTION CARRIED
JOINT HERITAGE ADVISORY COMMITTEE
After discussion regarding the matter of placing the heritage property inventory online,
MOVED BY Councillor Dares, SECONDED BY Councillor Pink that staff be directed to investigate potential sources for funding to put the Heritage Inventory Project online.
MOTION CARRIED
JOINT LEISURE SERVICES COMMITTEE
Councillor Dares advised that the month of June is A Recreation Month@ and requested a proclamation from the Mayor to acknowledge this event.
The Mayor advised that the Town no longer endorses proclamations due to the number of requests to recognize events and activities although Council recognizes the important and valuable contributions made by various organizations including Leisure Services.
Councillor Dares advised that the Leisure Services Committee discussed ways to restrict vehicular traffic at the entrance to Broad Brook Park. She advised Leisure Services was working in conjunction with the Planning Department who would be bringing a recommendation forth to more clearly define the entrance to the park.
PAGE 3127
Councillor Dares also advised there would be a 1st Annual Invitational Forum at Meadowfields Community School on May 15, 2004 from 9:00 a.m. to 12:00 noon. This forum would provide for an exchange of ideas on how community groups can provide a better service. Interested persons can register by contacting the Leisure Services Department or the Argyle Recreation Department before May 12, 2004.
BOYS AND GIRLS CLUB
Councillor Dares advised that, as instructed by Council, the Leisure Services Department met with the Boys and Girls club to discuss the operations of the playground. It was felt that the Leisure Services Staff could not run the playground in a more cost efficient manner than the Boys and Girls Club. She advised the Boys and Girls Club could provide this service through an operating grant of $18,000 plus the amount of their final water bill.
MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that an operating grant in the amount of $18,000 (plus water charges) be granted to the Boys and Girls Club for the operation of the playground.
MOTION CARRIED
AFFIRMATIVE ACTION COMMITTEE
Councillor Boudreau advised that May 31 through June 1, 2004 was Access Awareness Week and that Dave Warner and Esther Dares had volunteered to sit in a wheelchair to see how they can maneuver throughout the Town. Councillor Boudreau advised various groups were getting together to ensure access for people in wheelchairs
YARMOUTH COUNTY TOURIST ASSOCIATION
Councillor Strickland advised that the cover of the Doers and Dreamers magazine pictured our lighthouse on the front cover. He also advised that our lighthouse was pictured in the Coastal magazine as well as the Cornerstone of Marine Heritage which includes lighthouses from across the province.
IT WAS AGREED that the CAO be directed to invite the Executive Director and the Chairperson of the Yarmouth County Tourist Association to present their budget and marketing plan to the next Finance Committee meeting and that their request would be dealt with during the budget deliberations.
PAGE 3128
DOCTORS ASSISTANT COMMITTEE
Councillor Strickland advised of an upcoming meeting on Tuesday, May 18, 2004 to discuss the present role of the Doctors= Assistant Committee with the Western Regional Health Centre regarding the recruitment of doctors to this area. He advised he will bring a recommendation to Council
AUDIT COMMITTEE
Councillor Pink advised the Audit Committee met Tuesday, May 4, 2004. They discussed the purpose of Committee was to be more involved with the audit as well as to ask questions of the auditors regarding process and areas of concern or interest.
STAFF REPORTS
COMPOST FACILITY
The CAO advised that one of the conditions of the Ministerial Order regarding the Compost Facility was to establish a Community Liaison Committee.
This Committee is to be made up of two appointees from the Town of Yarmouth, one shall be a municipal councillor for the District of Yarmouth, and one shall be a rate payer named by the Council of the Municipality of the District of Yarmouth who resides in the community, near the compost facility. The Chairperson shall be one of the representatives of the Town of Yarmouth and shall be named by the Town of Yarmouth at the time of appointment. The following people may be named as resource people: Compost Facility Manager, Town of Yarmouth; Director of Operations, Town of Yarmouth; Chief Administrative Officer, Town of Yarmouth; District Manager, Department of Environment and Labour; and other persons as agreed to by the Committee from time to time.
MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that Councillors Dares and Boudreau be appointed to the South Ohio Compost Facility Community Liaison Committee.
MOTION CARRIED
AIRPORT COMMISSION
The CAO advised that the Airport Commission A ad hoc@ committee consisting of representatives from the Municipalities of the Districts of Argyle and Yarmouth as well as the Town requested another representative from the Town.
MOVED BY Councillor Strickland, SECONDED BY Councillor Dares that Councillor Pink be appointed to the A ad hoc@ committee of the Airport Commission.
MOTION CARRIED
PAGE 3129
Editor= s Note: IT WAS AGREED that Councillor Boudreau would be an alternate for Councillor Pink for the above noted committee.
APPROVAL OF INVOICES
MOVED BY Councillor Strickland, 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 June 10, 2004.
ADJOURNMENT
Meeting adjourned at 9:12 p.m.
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MAYOR
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CHIEF ADMINISTRATIVE OFFICER