Council Minutes
October 10, 2002
A meeting of the Town Council of the Town of Yarmouth was held on Thursday, October 10, 2002.CALL TO ORDER
The Deputy Mayor called the meeting to order at 7:35 p.m. with the playing of O'Canada.
RECORD OF ATTENDANCE
REGRETS
APPROVAL OF AGENDA
MOVED BY Councillor Strickland, SECONDED by Councillor Pink to approve the Agenda with the following additions:
8. A. h) Mariners Centre - Project Budget
9. C. d) Guidelines - Implementation & Infrastructure
MOTION CARRIED
APPROVAL OF MINUTES
MOVED BY Councillor Strickland, SECONDED BY Councillor Pink that the minutes of the Special Meeting on September 4, 2002 be approved as circulated.
MOTION CARRIED
MOVED BY Councillor Judge, SECONDED BY Councillor Strickland that the minutes of the regular Council meeting on September 12, 2002 be approved as circulated.
MOTION CARRIED
PRESENTATION
PARENTS PLACE
Deputy Mayor Cliff Hood welcomed representatives of Parents Place, Barb Muise-Davis, Chair of the Board and Holly Thomas, Coordinator.
Holly Thomas provided an overview of a proposal to expand Parents Place (Appendix A). Their requests of $10,000 to assist with construction of the daycare facility, the use of the property located at 33 Barnard Street, and the overturn restrictions of zoning, was considered.
MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that the request to rezone 33 Barnard Street from residential to institutional be referred to the Planning Advisory Committee and the request for financial assistance be referred to the Finance Committee.
MOVED BY Councillor Pink, SECONDED BY Councillor Strickland to amend this motion by eliminating the reference to re-zoning and the Planning Advisory Committee.
MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that the request from Parents Place for financial assistance be referred to the Finance Committee.
MOTION CARRIED AS AMENDED
Editor's Note: The Solicitor advised that, according to the MGA, a municipal unit may sell or lease a property at less than market value to non-profit organizations, however, if the value of the property is more than $10,000 it must go to public tender.
MOVED BY Councillor Pink, SECONDED BY Councillor Dares that the CAO be authorized to obtain a land appraisal for 33 Barnard Street.
MOTION CARRIED
BUSINESS ARISING
STREETS & SIDEWALKS BY-LAW No. 8 (2nd Reading)
The 2nd Reading for proposed amendments to the Streets & Sidewalks By-law (Appendix B), was discussed.
After discussion,
MOVED BY Councillor Dares, SECONDED BY Councillor Judge that the Streets & Sidewalks By-law #8, be amended by deleting Section 23(1) that provided for a $50 permit fee for an Airspace Encroachment Permit.
MOTION CARRIED
AMENDMENT TO SOLID WASTE STORAGE, COLLECTION & DISPOSAL BY-LAW No. 21
Consideration was given for the 1st Reading for an amendment to the Solid Waste Storage, Collection & Disposal By-law (Appendix C).
MOVED BY Councillor Judge, SECONDED BY Councillor Dares that 1st Reading for an amendment to the Solid Waste Storage, Collection & Disposal By-law, #21, be approved.
MOTION CARRIED
Councillor Boudreau returned to the table at this time.
CORRESPONDENCE FOR ACTION
SERVICE NOVA SCOTIA & MUNICIPAL RELATIONS
REFINANCING - BUILDING & SEWER ($1,450,000)
Correspondence from Stephen Feist, Municipal Advisor, Service Nova Scotia & Municipal Relations requesting approval of resolution TBR 02/03-01 - Refinancing - Building & sewer - $1,450,000, was considered (Appendix D).
MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that Resolution TBR 02/03-01 - Refinancing - Building & Sewer - $1,450,000 as presented by the CAO, be approved.
MOTION CARRIED
MUNICIPAL ELECTIONS ACT REVIEW (DISCUSSION PAPER)
Correspondence from Angus MacIsaac requesting input, was considered.
IT WAS AGREED that any comments regarding changes to the Municipal elections Act Review - Discussion Paper be referred directly to the CAO for submission to the Union of Nova Scotia Municipalities (UNSM).
UNSM - PRE-CONFERENCE STRATEGIC PLANNING SEMINAR
Correspondence from Angus MacIsaac regarding the UNSM Pre-Conference Strategic Planning Seminar, scheduled for Tuesday, November 5, 2002, was considered. The CAO advised there were two spots registered for anyone wishing to attend the Pre-conference seminar.
WATERFRONT DEVELOPMENT CORPORATION
Correspondence from Warner Comeau, Chairman of the Yarmouth Waterfront Development Corporation Ltd. recommending that the Town of Yarmouth partner with the Municipality of the District of Yarmouth on a project to develop Phase One of the Multi Use Trail to Bunker Island, which incorporates work from the Sewage Treatment Plant to Bunker Island, and a request that the Town accept Option A, Phase 8 (IMO Foods & Treatment Plant) at an estimated cost of $229,450.00 + HST & Engineering Fees, was considered (Appendix E).
MOVED BY Councillor Strickland, SECONDED BY Councillor Boudreau that the recommendation from the Yarmouth Waterfront Development Corporation Ltd. for the Town of Yarmouth to partner with the Municipality of the District of Yarmouth on a project to develop Phase One of the Multi Use Trail to Bunker Island, which incorporates work from the Sewage Treatment Plant to Bunker Island, and a request that the Town accept Option A, Phase 8 (IMO Foods & Treatment Plant) at an estimated cost of $229,450.00 + HST & Engineering Fees, be approved in principle and referred to the Finance Committee.
MOTION CARRIED
UNSM - DRAFT STRATEGIC PLANS
Deputy Mayor Hood requested that if Councillors had any comments regarding the draft strategic plans for the UNSM, they forward them to him prior to the UNSM conference.
YARMOUTH AREA INDUSTRIAL COMMISSION
Correspondence from John Sullivan, Yarmouth Area Industrial Commission, requesting monies owed for the Hebron Industrial Mall, was considered (Appendix F).
MOVED BY Councillor Pink, SECONDED BY Councillor Boudreau that the deficit funding of $13,244.70 for the Hebron Industrial Mall be paid to the Yarmouth Area Industrial Commission.
MOTION CARRIED
FCM RESOLUTION
Correspondence from the Federation of Canadian Municipalities (FCM) requesting support for a resolution regarding clean air, was considered (Appendix G).
MOVED BY Councillor Dares, SECONDED BY Councillor Strickland that the Town of Yarmouth support the resolution for clean air.
MOTION CARRIED
FOREST PRODUCTS ASSOCIATION OF NOVA SCOTIA - REQUEST MEETING
Correspondence from the Forest Products Association of Nova Scotia requesting a meeting with Council, was considered.
MOVED BY Councillor Boudreau, SECONDED BY Councillor Strickland that the request from the Forest Products Association of Nova Scotia to meet with Council, be approved.
MOTION CARRIED
SOUTH WEST SHORE DEVELOPMENT CORPORATION - REQUEST FOR FUNDS
Correspondence from the Southwest Shore Development Corporation requesting $500 to help defray costs incurred for their conference, was considered (Appendix H).
MOVED BY Councillor Judge, SECONDED BY Councillor Pink that the financial request from the Southwest Shore Development Corporation in the amount of $500, be approved.
MOTION CARRIED
MARINERS CENTRE - PROJECT BUDGET
Correspondence from Bob Osadchy, General Manager, Mariners Centre requesting approval for their project priorities, was considered (Appendix I). The CAO recommended the cost be shared equally between the Town, the Municipality of the District of Yarmouth, and the Mariners Centre. The priorities are identified as 1) increased paved parking, 2) electronic signboard, 3) roadway repositioning to Haley Road, and 4) landscaping.
MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares that the project budget for the priorities as identified by the Mariners Centre as increased paved parking, electronic signboard, roadway repositioning to Haley Road, and landscaping, be approved as recommended by the CAO.
MOTION CARRIED
Editor's Note:In response to questions regarding the proposed traffic flow changes to the Vancouver, Main & Water Streets, the CAO advised the issue of a truck route had been considered. It was recommended trucks leaving Water Street do so by way of Gardner Street, and those entering Water Street by using Cann Street.
STANDING COMMITTEES
PUBLIC WORKS
PROPOSED PUBLIC WORKS BUILDING
The CAO requested approval to have specifications developed and tender documents prepared for the proposed public works building.
MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that the CAO be authorized to proceed to develop plans and specifications in preparation for tender for the replacement of the Public Works building.
MOTION CARRIED
FIRE POLICY ADVISORY COMMITTEE
Councillor Pink advised that Chief Ken Kelly had been elected and returned to the position of President of the Canadian Association of Fire Fighters for a two year term.
IT WAS AGREED that a letter of congratulations be forwarded to Ken Kelly regrading his re-appointment to President of the Canadian Association of Fire Fighters.
Councillor Pink also advised Council of the Fire Department banquet scheduled for October 19, 2002.
PLANNING ADVISORY COMMITTEE
The following recommendations were presented from the Planning Advisory Committee:
MOVED BY Councillor Judge, SECONDED BY Councillor Pink that an amendment to the Land Use By-law, in particular Part 6.2, to enable the erection of one (1) security identification ground sign per lot identifying the name of the on-site security provider provided such sign does not exceed one (1) square foot in area and two (2) feet in height as outlined in the Planner's report, be approved. (Appendix J)
MOTION CARRIED
MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau that an amendment to the Municipal Planning Strategy, in particular Policy 1.15 and concurrently an amendment to the Land Use By-law, in particular Part 7.3(A) to enable the establishment of hostels within the residential designation by development agreement, complete with a housekeeping amendment to delete Policy 1.19 as outlined in the Planner's report, be approved. (Appendix K)
MOTION CARRIED
Councillor Boudreau removed declared a conflict of interest and removed himself from the table at this time.
MOVED BY Councillor Judge, SECONDED BY Councillor Pink that the recommendation from the Planning Advisory Committee to proceed with a Public Hearing in order to consider and if deemed advisable adopt 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.
MOTION CARRIED
Councillor Boudreau returned to the table.
MOVED BY Councillor Judge, SECONDED BY Councillor Pink, that the recommendation from the Planning Advisory Committee to proceed with a public hearing in order to consider and if deemed advisable adopt 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.
MOTION CARRIED
MOVED BY Councillor Judge, SECONDED BY Councillor Strickland, that the recommendation from the Planning Advisory Committee to proceed with a public hearing in order to consider and if deemed advisable adopt 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, be approved.
MOTION CARRIED
YARMOUTH WATER UTILITY
Correspondence from Warden Chris Perry, Municipality of the District of Yarmouth, regarding the Watershed Management Committee, was discussed. Deputy Mayor Hood recommended Council amend the original Committee Structure for the Lake George Watershed Management Committee (Appendix L).
MOVED BY Councillor Dares, SECONDED BY Councillor Strickland that the revised Committee Structure for the Lake George Watershed Management Committee be approved (Appendix L).
MOTION CARRIED
It was suggested Deputy Mayor Hood and the CAO select three individuals from the Watershed Management Area, who were previously involved in the process, and provide a recommendation to Council.
MOVED BY Councillor Pink, SECONDED BY Councillor Strickland that correspondence be forwarded to the Municipality of the District of Yarmouth requesting names of individuals from the Watershed Management Area to serve on the Committee. In the event there is no response from the Municipality within the next ten days, the Utility will proceed with their own appointments.
MOTION CARRIED
JOINT HERITAGE ADVISORY COMMITTEE
Councillor Dares advised that as a result of a joint meeting involving the Clerks and Council representatives to discuss the future of the Heritage program for both the Town and the Municipality, the Committee agreed to continue with the Heritage program and the existing funding arrangements.
Councillor Dares also advised she had attended the Utility Review Board Hearing for the Museum Expansion on Collins Street Appeal and was very impressed by the testimony of the Solicitor and Planner.
JOINT LEISURE SERVICES COMMITTEE
Councillor Dares advised the Joint Leisure Services Committee was presently looking into the possibility of a canoe club at the Milo Boat Club.
Councillor Dares informed Council of the Recreation Nova Scotia Conference scheduled for October 24th through to the 26th in Yarmouth.
Councillor Dares advised painting of the Milo Boat Club building was underway and it was hoped the first coat of paint would be applied prior to cold weather.
STAFF REPORTS
VOLUNTEERS TO SERVE ON COMMITTEES
The CAO referred Council to a proposed ad inviting Volunteers to Serve on Committees (Appendix M).
MOVED BY Councillor Strickland, SECONDED BY Councillor Boudreau that an ad be placed in the Vanguard inviting volunteers to serve on Committees.
MOTION CARRIED
HOUSING AUTHORITY -- REQUEST MEETING
The CAO advised that a request had been received from Gordon MacPherson, Regional Director, Nova Scotia Community Services, Housing Services, to meet with Council.
IT WAS AGREED that a special meeting be scheduled for Monday, October 21st at 7:00 p.m. to meet with Mr. Gordon MacPherson, Nova Scotia Community Services, Housing Services.
STAFF - KEN KELLY
The CAO advised Ken Kelly, Fire Chief, was the recipient of the Queens Golden Jubilee Medal and that correspondence would be forwarded on be half of Council congratulating Chief Kelly.
STAFF - CHRISTMAS PARTY
The CAO advised the date for the staff Christmas Party had been set for Friday, December 13, 2002.
MOVED BY Councillor Strickland, SECONDED BY Councillor Dares, that the CAO be authorized to proceed with arrangements for a Staff Christmas party similar to last year.
MOTION CARRIED
SUMMARY - 2002 COMPOSTING CONFERENCE
Further to a report on the 2002 Composting Conference, the Town residents were congratulated on achieving a high percentage of cooperation regarding the composting program. APPROVAL OF INVOICES
MOVED BY Councillor Judge, SECONDED BY Councillor Strickland 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 November 14, 2002.
ADJOURN
The Meeting adjourned at 9:07 p.m.
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MAYOR
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CHIEF ADMINISTRATIVE OFFICER