Council Minutes

November 14, 2002

A meeting of the Town of Yarmouth was held on November 14, 2002

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

IT WAS AGREED TO approve the Agenda with the following addition:

9. A.    e)  Yarmouth Water Utility  -  Lake George Watershed Management Committee

APPROVAL OF MINUTES

MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau that the following minutes be approved:

MOTION CARRIED

Councillor Strickland referenced the minutes of October 21, 2002 with representatives from the Department of Housing. Further to this meeting, he requested permission to meet with the Department of Housing in Middleton as the Council representative to investigate the possibilities of accessing programs to develop new housing and rehabilitating present and pre-existing housing, as well as the possibility of providing new or upgrading rental housing in the Yarmouth area.

IT WAS AGREED that permission be granted for Councillor Strickland to meet with the Department of Housing in Middleton to investigate improved housing programs for the Yarmouth area.

PRESENTATION

EMPLOYEE NEWSLETTER

Mayor Crosby advised Councillors that the town employees had created a newsletter and held a contest to select the name. He announced the winner of the contest was Cathy Thomas, who submitted "All About Us" (by the employees, for the employees). Ms. Thomas provided the Mayor and Councillors with copies of the newsletter and Mayor Crosby congratulated Cathy and presented her with a gift certificate.

BUSINESS ARISING

AMENDMENTS TO SOLID WASTE STORAGE, COLLECTION & DISPOSAL BY-LAW No. 21 (2nd Reading)

The 2nd Reading for proposed amendments to the Solid Waste Storage, Collection & Disposal By-law (Appendix A), was discussed.

After discussion,

MOVED BY Councillor Dares, SECONDED BY Councillor Strickland that the Solid Waste Storage, Collection & Disposal By-law #21, be amended by adding Section 14 (1), 14 (2), and 14 (3) (Appendix A).

MOTION CARRIED

POLICY FOR THE SELECTION OF DEPUTY MAYOR

Correspondence regarding the policy for the selection of Deputy Mayor was considered.

MOVED BY Councillor Pink, SECONDED BY Councillor Dares the policy for the selection of the Deputy Mayor be deferred to the December meeting.

MOTION CARRIED

UNSM - AMENDMENT TO MUNICIPAL GOVERNMENT ACT

Correspondence from Jerry Blumenthal, President UNSM, to Minister MacIsaac, Service Nova Scotia & Municipal Relations regarding an amendment to the Utility & Review Board, was discussed.

MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that a letter be written to Minister MacIsaac advising that Council supports the UNSM resolution that provides for changes to the Municipal Government Act as it applies to applications for Town status.

MOTION CARRIED

CORRESPONDENCE FOR ACTION

EARL A. BOWERS -- SENIORS HOME FOR SPECIAL CARE

Correspondence from Earl A. Bower requesting support for a proposed seniors home for special care at the Hebron school site, was considered (Appendix B).

MOVED BY Councillor Strickland, SECONDED BY Councillor Boudreau that Council support the resolution to the Premier from Mr. Earl A. Bower regarding a proposed seniors home for special care.

MOTION CARRIED

MUNICIPALITY OF PICTOU RE: INCREASED COST OF BANKING MACHINES

Correspondence from the Municipality of Pictou County requesting municipal units to consult with government officials regarding the escalating costs of banking machines, was considered.

MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Strickland that Council request the government to regulate banking fees.

MOTION CARRIED

FOUR CORNERS HOUSING CO-OP RE: WATER ABATEMENT, HAVELOCK DRIVE

Correspondence from Gordon Hart, Coordinator, Four Corners Housing Co-op Ltd. requesting assistance in the water abatement of standing water located off of Havelock Drive.

MOVED BY Councillor Strickland, SECONDED BY Councillor Judge that the CAO request the Town Engineer meet with the Engineer from the Department of Housing to assess the issue of standing water located off of Havelock Drive and provide a recommendation.

MOTION CARRIED

WOMEN'S AUXILIARY RE: MARINERS CENTRE RENTAL FEE FOR HULLABALOO

Correspondence from Marilyn Burns, Corresponding Secretary, Women's Auxiliary, Yarmouth Regional Hospital requesting the Town cost share with the Municipality of the District of Yarmouth the Hullabaloo rental fee of $1679.00 at Mariners Centre, was considered.

MOVED BY Councillor Pink, SECONDED BY Councillor Dares that the request from the Women's Auxiliary of the Yarmouth Regional Hospital for the Town to cost share with the Municipality of the District of Yarmouth the Hullabaloo rental fee at Mariners Centre in the amount of $1679.00, be referred to the Finance Committee.

MOTION CARRIED

ADA FELLS RE: HUBERT BRUSH CENTRE

Correspondence from Ada Fells requesting clarification of the outstanding taxes due on the Hubert Brush Centre, was considered.

MOVED BY Councillor Pink, SECONDED BY Councillor Dares the issue of outstanding taxes on the Hubert Brush Centre be deferred to the December Council meeting.

MOTION CARRIED

BLOCK PARENT ASSOCIATION REQUEST FOR SIGNAGE

Correspondence from Gil Dares, Police Liaison, Yarmouth Block Parent Association requesting approval to erect a sign "A Safer Community Starts on your Street...Become a Block Parent today", was considered.

MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that the request from the Block Parent Association to erect a sign (4' x 8') "A Safer Community Starts on your Street...Become a Block Parent today" for a period of time not to exceed thirty (30) days, be approved.

MOTION CARRIED

CORRESPONDENCE FOR INFORMATION

PORT AUTHORITY

Questions arose regarding the Port of Yarmouth and its authority to negotiate divestiture of the port facilities in Yarmouth from Transport Canada, Harbours and Ports, to the Port Authority.

Deputy Mayor Hood explained the Port Authority was created by the Industrial Commission and a formal proposal was forwarded to the government regarding the possible divestiture of the port facilities in Yarmouth. He referred Council to his letter to The Honourable David Collenette which stated "...the Commission wishes to emphasize that it is committed to a vision of a marine ferry terminal operated by either the Federal Government or neutral, not for profit, third party port committee responsible to local municipal units."

UNSM - CONFERENCE UPDATE

Mayor Crosby reported on the recent Union of Nova Scotia Municipalities (UNSM) conference and advised he had been elected 2nd Vice President. He advised the conference is scheduled to be in Yarmouth next year.

STANDING COMMITTEES

PUBLIC WORKS

TRUCKING OF HIGHWAY SALT -- TENDER

A public tender was advertised in the local newspaper for the trucking of highway salt from Pugwash to Yarmouth Public Works yard. Five responses were received. After reviewing the tenders and checking references, it is recommended that the contract for trucking of highway salt be awarded to the lowest tender, Twin Mountain Construction Ltd. in the amount of $25.90 per tonne + HST.

In response to questions, the Solicitor advised that to provide for local preference for tenders within a specific percentage, this preference must be set out in the original tender call.

MOVED BY Councillor Dares, SECONDED BY Councillor Judge the tender for the Trucking of Highway Salt be awarded to the lowest tender, Twin Mountain Construction Ltd. in the amount of $25.90 per tonne + HST. (Appendix C)

MOTION CARRIED

Councillor Boudreau voted nay.

ZERO TURN MOWER - TENDER

Invited tenders were requested from four equipment suppliers in the province for a zero turn hydraulic ride on mower for mowing parks and grounds within the Town of Yarmouth. Four responses were received.

MOVED BY Councillor Dares, SECONDED BY Councillor Judge the tender for a Zero Turn Mower be awarded to the lowest tender that met the specifications, H. V. Anthony Ltd., in the amount of $10,623.00 plus HST. (Appendix D)

MOTION CARRIED

FIRE POLICY ADVISORY COMMITTEE

Councillor Pink advised the Fire Department held a very successful banquet on October 19, 2002.

PLANNING ADVISORY COMMITTEE

The following recommendations were presented from the Planning Advisory Committee:

Councillor Boudreau declared a conflict of interest and removed himself from the table at this time.

MOVED BY Councillor Judge, SECONDED BY Councillor Pink that an amendment to the Municipal Planning Strategy, in particular the Generalized Future Land Use Map by redesignating 87 Brunswick Street (PID #90204280), 85 Brunswick Street (PID #90204272) and lands formerly known as Shaw Avenue Extension (unopened) (PID #90289216) from Residential to General Commercial and concurrently an amendment to the Land Use By-law, in particular the Zoning Map, Schedule "A", by rezoning the above lands along with 33 Starr's Road (PID #9023183) from Low Density Residential (R-1) to General Commercial (C-2), be approved. (Appendix E)

MOTION CARRIED

MOVED BY Councillor Judge, SECONDED BY Councillor Pink that an amendment to the Municipal Planning Strategy, in particular Policy 2.2.3 and concurrently an amendment to the Land Use By-law, Part 16.1, by adding "Parking Lots and Parking Structures" as a use permitted within the General Commercial (C-2) zone and amend Part 5.25 as per the Planner's Report, be approved. (Appendix F)

MOTION CARRIED

Councillor Boudreau returned to the table.

MOVED BY Councillor Judge, SECONDED BY Councillor Strickland that an amendment to the Municipal Planning Strategy and concurrently amendments to Parts 8, 9, 10, and 11 of the Land Use By-law respecting provisions with regards to semi-detached dwellings, group dwellings and converted dwellings in residentially zoned areas throughout the Town as per the Planner's report be approved. (Appendix G)

After much discussion,

THE MOVER AND SECONDER AGREED to refer this recommendation back to the Planning Committee for revisions regarding semi-detached dwellings.

YARMOUTH WATER UTILITY

Deputy Mayor Hood advised the Municipality of the District of Yarmouth has refused the power of appointment to name representatives to sit on the Lake George Watershed Management Committee.

MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Dares that Council rescind all previous motions respecting the creation and format of a Committee for the Lake George Watershed Management area.

MOTION CARRIED

Deputy Mayor Hood recommended that the Town of Yarmouth Water Utility enter into a partnership with the Watershed Community and other consumers of water from Lake George to carry out mutually beneficial, locally developed and administered, source protection programs. To ensure protection of the Watershed and to comply with the requirements of the Environment Act, it is recommended that a Committee be established to advise and recommend to the Utility protective measures for Lake George Water quality.

MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Strickland that the Lake George Watershed Management Committee membership will include one member of Town Council who is the Chair of the Water Utility (voting member), nine resource members (non-voting members), and six voting members of the public, at least one of whom is from the Lake George Watershed.

MOTION CARRIED

Editor's Note: A draft ad inviting individuals to serve on the Lake George Watershed Management Committee was read. It was agreed this ad would be advertised as soon as possible.

JOINT LEISURE SERVICES COMMITTEE

Councillor Dares advised the Joint Leisure Services Committee met on November 13, 2002. She advised the Athletic Awards Banquet is scheduled for Friday, November 29, 2002 at 7:00 p.m. and provided an update on the Milo Boat Club.

JOINT HOMECARE ADVISORY COMMITTEE

Mayor Crosby advised the next meeting is scheduled for November 15, 2002 at which time community representatives would be appointed.

MARINERS CENTRE MANAGEMENT BOARD

Concerns were raised regarding a response to correspondence from the arts centre.

MOVED BY Councillor Dares, SECONDED BY Councillor Pink that correspondence be forwarded to the Y'ARC informing the Director they will be included in any public consultation with regard to a performing arts centre.

MOTION CARRIED

STAFF REPORTS

CBC NEWS: CANADA NOW

Correspondence from CBC Radio Canada inviting Council to participate in CBC News: Canada Now events at Th'YARC, was circulated. The Mayor advised that "local news for Nova Scotia and an introduction to Sophia Harris, Yarmouth correspondent, would take place Friday evening. He also advised that Bruce Rainnie and friends would be hosting a musical fundraiser "a Rainnie Night in Yarmouth" Saturday evening.

APPROVAL OF INVOICES

MOVED BY Councillor Dares, SECONDED BY Councillor Pink 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 September 12, 2002.

ADJOURN

The Meeting adjourned at 8:55 p.m.

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MAYOR

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CHIEF ADMINISTRATIVE OFFICER