Council Minutes

November 4, 2004

A meeting of the Town Council of the Town of Yarmouth was held on Thursday, November 4th, 2004, in the Council Chambers of the Town Hall, Yarmouth, N. S.

CALL TO ORDER

The CAO called the meeting to order at 7:30 p.m. with the playing of O= Canada.

RECORD OF ATTENDANCE

ELECTION RESULTS

The CAO reported on the Returning Officer= s report which declared the successful candidates elected at large (Appendix A.)

OATHS OF OFFICE

Justice Greg Warner administered the Oath of Allegiance and Office to each of the successful candidates (Appendix B.)

Mayor Crosby assumed the Chair.

Mayor Crosby thanked Justice Warner for his participation in the ceremony and presented him with a token of appreciation from the Town.

APPROVAL OF AGENDA

MOVED BY Councillor Strickland SECONDED BY Councillor Pink that the agenda be approved, with the following additions:

16. a) Committee Appointments (CAO)

b) Annapolis Royal (Councillor Boudreau)

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18. a) Returning Officer= s Recommendations (CAO)

b) Invitation from District Health Authority (CAO)

                                        MOTION CARRIED

APPOINTMENT OF DEPUTY MAYOR

Mayor Crosby called for nominations for Deputy Mayor.

Councillor Hood requested the floor. He commented that he was proud of all the work Council has done in the past and how well everyone worked together. He suggested that the return of all the councillors and the Mayor reflected a job well done. He suggested that perhaps it was time for a change.

Councillor Hood nominated Councillor Pink for Deputy Mayor. Councillor Boudreau seconded the nomination.

Mayor Crosby called for nominations three times. There were no other nominations for Deputy Mayor.

MOVED BY Councillor Dares, SECONDED BY Councillor Strickland that nominations cease.

                                        MOTION CARRIED

Councillor Pink accepted the nomination for Deputy Mayor.

Mayor Crosby congratulated Deputy Mayor Pink on his appointment.

Mayor Crosby commented that Councillor Hood had been Deputy Mayor for a number of years and he was very pleased with his accomplishments and that the Town of Yarmouth has been served well by his service. On behalf of Council and staff, he congratulated Councillor Hood for a job well done.

Mayor Crosby advised that as he had been elected President of UNSM, whereby he would be representing all of Nova Scotia municipalities, he would be away a great deal and would require the Deputy Mayor to step stand in for him at various functions.

Deputy Mayor Pink thanked Councillor Hood for his comments and for the years of service he gave to Council and the citizens of Yarmouth in his position as Deputy Mayor. He stated that the progress that has been made in this community is a result from people like him. He also thanked Council for their unanimous support in nominating him for as the new Deputy Mayor.

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Mayor Crosby acknowledged and welcomed MLA Richard Hurlburt to the meeting.

Councillor Dares congratulated Mayor Crosby for his appointment as President of the Union of Nova Scotia Municipalities.

APPOINTMENTS TO COMMITTEES

Mayor Crosby advised the A Appointments to Committees@ would be dealt with at a later date.

IT WAS AGREED that Council meet on Monday, November 8, 2004 at 7:00 p.m. to consider appointments to Committees.

APPROVAL OF MINUTES

MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that the minutes of October 14th, 2004, (Council & Public Hearing), be approved, as circulated.

                                        MOTION CARRIED

BUSINESS ARISING

PUBLIC NOTIFICATION OF COUNCIL MEETINGS B CAO

In response to a concern raised on October 14, 2004 regarding the issue of providing the public and stakeholders with proper notification of council meetings, the CAO advised of the following changes to notify the public about Council issues:

all regularly scheduled meetings of Council will be advertised on the radio and in the local paper

agendas will be available at the Town Hall the Tuesday immediately prior to the Council meetings

special meeting notices will be provided through the media, short notice via the radio

following Council meetings, decisions will be forwarded to the local media for their information

once the website has been redesigned it will include applicable reports

The CAO advised these steps were being taken to bring consistency and satisfaction to our processes of keeping the public informed of Council issues.

 

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DELEGATION

JASON HOLLET B SOUTH WEST SHORE ENERGY OFFICE

The Mayor welcomed Jason Hollet, Energy Officer, South West Shore Energy Office, to make his presentation to Council.

Mr. Hollett provided an overview of his presentation (Appendix C) and advised the purpose of his presentation was to introduce the South West Shore Energy Office to the Municipal and Town Councils. He provided a synopsis of the energy office, including resources available for use. He also advised the South West Shore Energy Office was established to identify and develop opportunities in the energy sector for the southwestern Nova Scotia region. This includes areas of renewables, conservation, efficiency, and energy production. Mr. Hollett reviewed energy issues directly related to the Town with a focus on reducing power costs for the Town as well as a focus on climate change and how changes in personal habits can result in economic and environmental benefits.

Jason thanked council for their time and congratulated them on their success in returning to office.

Mayor Crosby thanked Mr. Hollett for his presentation and commented that it was very enlightening.

BUSINESS

CORRESPONDENCE FOR ACTION

APPOINTMENT OF DEPUTY TRAFFIC AUTHORITY

Mayor Crosby advised this item would be deferred until the next meeting of Council.

440 PRODUCTIONS B FINANCIAL REQUEST

Correspondence from 440 Productions requesting financial assistance was considered.

MOVED BY Deputy Mayor Pink, SECONDED BY Councillor Strickland that the request from 440 Productions for financial assistance be referred to the Finance Committee.

                                        MOTION CARRIED

 

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UNSM CONFERENCE

Mayor Crosby commented on the letters to the Union of Nova Scotia Municipalities (UNSM). He relayed a request from the Municipality of the District of Yarmouth to the UNSM regarding the Annual Conference Banquet and Dance and that it be held on the Thursday of the conference week as opposed to the Friday evening. Another concern was the issue of the location of the UNSM conferences in future. The Conference Planning Committee decided that the 100th Anniversary Conference would be held in Halifax and the 2006 conference was scheduled to be held in Sydney; all following conferences are to be held in Halifax with the spring workshops being held in various locations. Mayor Crosby advised this decision was made due to the low numbers of registrants for the conferences when they were held in smaller areas. He also advised that the UNSM Executive has decided to discuss the locations of the conferences at its next meeting.

After discussion,

MOVED BY Deputy Mayor Pink, SECONDED BY Councillor Strickland that Mayor Crosby be directed to report to the UNSM Executive that the Town of Yarmouth supports the present system of moving the UNSM annual conference from area to area as has been done in the past.

                                        MOTION CARRIED

FIRE CHIEF KELLY

Mayor Crosby advised that a letter of appreciation and respect for Fire Chief Kelly had been received from Peter Yeomans, Mayor of the City of Dorval, Quebec. In his letter, Mayor Dorval commented on Chief Kelly= s contribution to the advancement of the causes to the Canadian Association of Fire Chiefs and all Canadians.

MOVED BY Councillor Hood, SECONDED BY Deputy Mayor Pink that a letter be forwarded to Mayor Dorval thanking him for his letter of praise to Fire Chief Kelly.

                                        MOTION CARRIED

NOVA SCOTIA ART GALLERY

Deputy Mayor Pink advised there had been a funding announcement today for $250,000 toward the completion of the Art Gallery in Yarmouth. He also advised that the Province has agreed to sign a lease of the property to the Yarmouth Area Industrial Commission to enable them to access additional funds to complete the project. He estimated the completion of the project prior in early spring and the upcoming tourist season. He will update Council as additional information becomes available.

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Deputy Mayor Pink also advised that about nine years ago a committee was formed for the Art Gallery and that there are still some of the same people on that Committee. He indicated this shows how much support there is for the Gallery. He also advised that he had been appointed to the Board of Governors of the Art Gallery of Nova Scotia.

REPORTS

PUBLIC WORKS

TENDER - COLLECTION OF SOURCE SEPARATED MUNICIPAL SOLID WASTE

The C.A.O. advised invited tenders were received from two local contractors for the collection of source separated residential= s solid waste within the Town of Yarmouth, i.e., recyclables, organics and residuals.

MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau, that the tender for the collection of Source Separated Residential= s Solid Waste within the Town, be awarded to Waste-Co. Ltd. in the amount of $976,878.00 + HST.

                                        MOTION CARRIED

PLANNING ADVISORY COMMITTEE

The Chair of the Planning Advisory Committee brought forward the following recommendations from the Public Participation meeting of October 26, 2004:

Councillor Strickland declared a conflict of interest and stepped away from the Council table during discussion on the following motion:

MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau, that Council advertise for a public hearing in order to consider and if deemed advisable, amend the Municipal Planning Strategy, in particular Policy 1.4 and concurrently amend the Land Use By-law, in particular Part 8.1, to enable residential care facilities as a use permitted in the Low Density Residential (R-1) ZONE.

                                        MOTION CARRIED

Councillor Strickland returned to the Council table.

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MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares, that Council 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 A@ , thereby rezoning 604 Main Street from Low Density Residential (R-1) to Secondary Commercial (C-3) as outlined in the Planner= s Report.

                                        MOTION CARRIED

MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that the Town Council hereby declare and appoint Joanne Earle as A Development Officer@ of the Town of Yarmouth in keeping with Section 191(d) and Section 243 (1) of the Municipal Government Act.

                                        MOTION CARRIED

MOVED BY Councillor Dares, SECONDED BY Councillor Strickland that Council advertise for a public hearing in order to consider and if deemed advisable, amend the Town= s Subdivision By-law as per the Planner= s Report.

                                        MOTION CARRIED

MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that Council adopt amendments to the A Terms of Reference@ of the Planning Advisory Committee as outlined in the Planner= s Report.

Mayor Crosby requested the Deputy Mayor to take the chair for the following discussion:

Mayor Crosby expressed his concern that the Planning Advisory Committee was becoming too large and that perhaps this item should be referred to another meeting for further discussion.

THE MOVER AND SECONDER AGREED TO WITHDRAW THE ORIGINAL MOTION

MOVED BY Councillor Strickland, SECONDED BY Councillor Dares that the Terms of Reference be further discussed at the meeting dealing with Committee appointments.

                                        MOTION CARRIED

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Deputy Mayor Pink clarified that although the Committee Appointments would be dealt with A In Camera@ the Terms of Reference for the Planning Advisory Committee would be dealt with in a public forum.

YARMOUTH WATER UTILITY

OFFICIAL OPENING LAKE GEORGE WATER TREATMENT FACILITY

Councillor Hood advised the official opening of Phase II of the Water Treatment facility in Lake George was scheduled for Friday, November 12 at 12:30 p.m. He invited the public to attend and advised there would be tours of the facility.

JOINT LEISURE SERVICES

Councillor Dares advised the Joint Leisure Services Committee met on November 3, 2004. She commented on a presentation from Dan Earle, TREPA, regarding a proposed concept for a green way for the Broad brook area. In response to this presentation, the Committee instructed staff to investigate funding for a conceptual design.

Councillor Dares also advised there was a presentation from Keith Bridgeo regarding the A Old Time Baseball@ tournament scheduled in 2006. She advised they would be promoting the event more in 2005 and 2006.

Councillor Dares also reported the Committee considered a proposal for a skateboard park for Yarmouth County and that they will be holding a public information session on this issue. She also advised that the Committee made a motion to dispose of four pieces of equipment and will be going to tender for a new tractor with a loader and a zero turn mower.

Councillor Dares advised the Athletic Awards Dinner is scheduled for Friday, November 19, 2004 at 7:00 p.m. The following are receiving awards:

Claudette Deveau B Coach of the Year

Richard DesVingnes B Soccer Official

Sheridan Lawrence B Fair Play (Basketball & Soccer)

Yvonne d= Entremont B Volunteer Jeux de l= acadie

Emily Fougere B Athlete of the Year (Highland Dance, Age 12)

Councillor Hood commented on the Meadowfields soccer field issue. He advised that an agreement was being drawn up between the Town, Nova Learning and the School Board for the use and maintenance of the soccer field for the upcoming soccer season.

OCCUPATIONAL HEALTH AND SAFETY COMMITTEE

Councillor Boudreau advised the next meeting is scheduled for Wednesday, December 1, 2004 at the Fire Hall.

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AFFIRMATIVE ACTION

Councillor Judge suggested that the Affirmative Action item be taken off the Agenda until such time as the Committee meets again. He advised, however, that he would remain as representative from the Town on that Committee.

WATERFRONT DEVELOPMENT CORPORATION

Councillor Hood advised the Corporation was in the process of finding a candidate for the Co-ordinator position and that the Corporation would be receiving a report from the CAO in the near future.

JOINT EMO COMMITTEE

The CAO advised the EMO Planning Committee had been working toward a mock disaster which is scheduled for Sunday, November 21, 2004.

YARMOUTH COUNTY TOURIST ASSOCIATION

Councillor Strickland advised the Yarmouth County Tourist Association had a new General Manager, June Rankin.

IT WAS AGREED to invite Ms. Rankin, General Manager Yarmouth County Tourist Association, to meet with Council in the new year.

YARMOUTH COUNTY INDUSTRIAL COMMISSION

Councillor Hood requested an update on the status of the DomTex building.

Councillor Boudreau advised the auditor was not available at the last meeting to provide any financial details of the DomTex building, however, their next meeting would be in December and he would report to Council on the financial situation once he received additional information.

DOCTORS= ASSISTANCE COMMITTEE

Councillor Strickland advised the next meeting for the Doctors= Assistance Committee is scheduled for Wednesday, November 17, 2004 at 1:30 p.m.

 

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NEW BUSINESS

Councillor Boudreau advised that the Town of Annapolis Royal received the International Liv Com Award that recognizes communities that promote environmental sustainability and enhancement of quality of life. The Town took first place (and a Gold Award) recently, beating out other communities from around the world in the under 20,000 population category.

MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares that a letter of congratulations be sent to the Town of Annapolis Royal for winning the Liv Com Award.

                                        MOTION CARRIED

MAYOR= S COMMENTS

Mayor Crosby advised he attended the play at the Y= ARC, A Inherit the Wind@ and commented on the excellent acting by Councillor Judge. He thoroughly enjoyed the play and encouraged everyone to attend.

STAFF REPORTS

SURPLUS B TOWN OWNED BUILDINGS

The CAO requested Council to plan a Finance Committee to deal with A Town owned properties.@ He advised he would be providing a report to Council to consider divesting some of these properties.

STRATEGIC PLANNING

The CAO requested Council= s endorsement to proceed with strategic planning as well as to explore the possibility of strategic planning within the region, i.e joint projects with other municipal units.

MOVED BY Councillor Dares, SECONDED BY Councillor Judge that the CAO be authorized to proceed with strategic planning.

                                        MOTION CARRIED

RETURNING OFFICER REPORT B MARIE ATKINSON

The CAO commented on the Returning Officer= s report. He recommended the financial request be referred to the Finance Committee. He also commented on Marie= s outstanding experience which sets a standard that others can aspire to and that she should be commended for this.

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MOVED BY Councillor Dares, SECONDED BY Deputy Mayor Pink that a letter of thanks and congratulations for excellent and professional work be sent to Marie Atkinson, Returning Officer.

                                        MOTION CARRIED

MOVED BY Deputy Mayor Pink, SECONDED BY Councillor Dares that the financial request made by the Returning Officer be forwarded to the Finance Committee.

                                        MOTION CARRIED

OTHER BUSINESS

SOUTH WEST HEALTH AUTHORITY B INVITATION

The CAO referred to correspondence received from Blaise MacNeil, South West Health Authority, inviting four representatives to a meeting to discuss health care initiatives and planning. The meeting is scheduled for Wednesday, November 17, 2004 at 6:30 p.m.

MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that Councillor Strickland, Councillor Dares, Mayor Crosby and the CAO represent the Town in discussions with the South West Health Authority (Councillor Boudreau as an alternate.)       

                                        MOTION CARRIED

APPROVAL OF THE INVOICES

MOVED BY Councillor Strickland, SECONDED BY Deputy Mayor Pink,

that the invoices as approved by the various chairpersons be approved.

MOTION CARRIED

DATE OF NEXT MEETING

IT WAS AGREED the next regular meeting would be scheduled for December 9th, 2004.

ADJOURNMENT

Meeting adjourned at 9:00 p.m.

___________________________________

MAYOR

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CHIEF ADMINISTRATIVE OFFICER