Council Minutes
September 12, 2002
A meeting of the Town Council of the Town of Yarmouth was held on Thursday, September 12, 2002.CALL TO ORDER
The Mayor called the meeting to order at 7:35 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 additions:
6. b) Responsibility of the Town -- Building Code Act/Occupational Health & Safety Act
7. d) Charles Jess - Exhaust Fumes
9. a) Bernie Reardon - Art Gallery (Finance Committee)
11. a) Sperry & Partners - Performing Arts Proposal
3) Engine Brakes - Noise
4) Construction & Demolition within the Town Boundaries
APPROVAL OF MINUTES
MOVED BY Councillor Dares, SECONDED BY Councillor Strickland that the minutes of the Public Hearing and regular Council meeting, on August 8, 2002, be approved as circulated.
MOTION CARRIED
BUSINESS ARISING
SOUTH WEST SHORE DEVELOPMENT AUTHORITY
Correspondence from the South West Shore Development Authority advising they did not initiate the request to the Municipality of the District of Yarmouth for a study on tourism in the region, was discussed.
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Boudreau that the motion to support the request of the Municipality of the District of Yarmouth to commission a study to examine further tourism and tourism potential in this region, be rescinded.
MOTION CARRIED
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Boudreau that a letter be written to the South West Shore Development Authority requesting them to investigate and proceed with a review of the delivery of Tourism services providing it is included in their mandate.
MOTION CARRIED
RESPONSIBILITIES OF THE TOWN
RE: BUILDING CODE ACT, OCCUPATIONAL HEALTH & SAFETY ACT
Councillor Boudreau declared a conflict of interest and excused himself from the table.
The Solicitor was questioned as to what responsibilities the Town of Yarmouth, and the Building Inspector, have under the Nova Scotia Building Code, Occupational Health and Safety Act, and the National Building Code and who was responsible for enforcing laws, i.e., for demolition, and what could be done to prevent another incident such as the collapse of a building.
The Solicitor advised that responsibilities under the Occupational Health and Safety Act lie within the Province of Nova Scotia through the Department of Labour. He clearly stated there was no ambiguity with regard to the Occupational Health and Safety Act.
The Deputy Mayor asked the Solicitor if the Town of Yarmouth had any responsibility, after the demolition, to implement and enforce the Occupational Health and Safety Act.
The Solicitor advised the Town has no right or responsibility with regard to that Act, however the Town was responsible for its own by-laws and must follow the National Building Code.
In response to questioning the Solicitor advised he had not reviewed the various Acts as he had no direction from Council to research these Acts.
When asked what the process was for the Town of Yarmouth to inform the Province, and who is responsible between the time the demolition permit is issued and when a building collapses, the Solicitor advised he would have to provide a legal opinion on the matter.
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Dares that the Solicitor be requested to answer the following questions:
Does the Town of Yarmouth have any responsibility under the Occupational Health & Safety Act for enforcement of the OHSA and its regulations?
Does the Town have any responsibility and/or right, through the Building Code Act of Nova Scotia (BCA) to enforce the OHSA and Regulations?
Does the Building inspector have an ongoing responsibility and/or right after the issuance of a demolition permit under the National Building Code "BCA"?
Who is responsible, in law, between the time the demolition permit is issued and the time the demolition permit is finished (or until the building falls down)?
MOTION CARRIED
Councillor Boudreau returned to the table at this time.
CORRESPONDENCE FOR ACTION
MINK BREEDERS ASSOCIATION
Correspondence from the Nova Scotia Mink Breeders Association requesting a donation, was considered.
MOVED BY Councillor Dares, SECONDED BY Councillor Judge that a silver contribution, in the amount of $500, be given to the Mink Breeders Association.
MOTION CARRIED
YARMOUTH DEVELOPMENT CORPORATION
REQUEST REVIEW OF SIGNAGE BY-LAW
Correspondence from the Yarmouth Development Corporation requesting a review of the Streets and Sidewalks By-law, specifically the signage section, was considered.
MOVED BY Councillor Dares, SECONDED BY Councillor Judge that First Reading of the amendment to the Streets & Sidewalks By-law, specifically the signage section, be approved.
MOTION CARRIED
FCM -- REQUEST FOR PARTNERSHIP WITH MUNICIPAL GOVERNMENT
Correspondence from FCM regarding a request for partnership with municipal government, was considered.
MOVED BY Councillor Strickland, SECONDED BY Councillor Boudreau that a letter be written to the Federation of Canadian Municipalities in support of partnerships with Members of Parliament.
MOTION CARRIED
CHARLES JESS -- DIESEL EXHAUST FALLOUT
Correspondence from Charles Jess regarding diesel exhaust fallout from the Harbour, was considered.
MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that the correspondence from Charles Jess regarding diesel exhaust fallout be filed for future reference.
MOTION CARRIED
CORRESPONDENCE FOR INFORMATION
Correspondence from the Resource Recovery Fund Board regarding Diversion Credits was considered. Previous correspondence to Mr. Darrell Hiltz, Chair of the Resource Recovery Fund Board was reviewed.
IT WAS AGREED to refer this correspondence to the CAO & Solicitor for appropriate action.
EASTERN WOODLAND METIS NATION NOVA SCOTIA -- REQUEST FOR RECOGNITION
Correspondence from Mary Lou Parker, Co-Founder/EWMNNS/National Speaker requesting recognition.
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Strickland that Council recognize the Eastern Woodland Metis Nation Nova Scotia, as requested, in accordance with the Charter of Rights and Freedoms.
MOTION CARRIED
STANDING COMMITTEES
FINANCE COMMITTEE
Correspondence from Bernard Riordon, Director & CEO of the Art Gallery of Nova Scotia requesting an advance payment of $25,000 of the Town's total pledge at the beginning of the final Phase rather than at the completion of the project, was considered.
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Dares that the request for advance payment of $25,000 to the Art Gallery of Nova Scotia, be approved.
MOTION CARRIED
PUBLIC WORKS
LANDFILL TIPPING FEES
A memo from the Town Engineer regarding "Tipping Fees" was considered. (Appendix A)
IT WAS AGREED the further correspondence would be obtained regarding tipping fees.
TRACKLESS MULTI PURPOSE TRACTOR BOOM FLAIL MOWER ATTACHMENT
The CAO reviewed a recommendation from the Town Engineer regarding the purchase of a boom flail mower attachment for the Trackless Multipurpose Municipal Tractor (Appendix B).
MOVED BY Councillor Boudreau, SECONDED BY Councillor Strickland that the recommendation that the boom flail mower attachment for the Trackless Multipurpose Municipal Tractor be purchased from Saunders's Equipment Ltd. in the amount of $18,490.00 +HST, be approved. The costs to be shared between the Public Works Department and the Water Utility.
MOTION CARRIED
FIRE POLICY ADVISORY COMMITTEE
AIR COMPRESSOR
Invited tenders were requested for the purchase of a new air compressor. Responses were received from three firms.
MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that the tender for a new air compressor for the Yarmouth Fire Department be awarded to the lowest tender that meets the specifications, Breathing Air Systems, in the amount of $32,487.50 (Appendix C).
MOTION CARRIED
FIRE HALL ROOF REPLACEMENT
Invited tenders were requested for the installation of a new roof over the existing sheet metal roofing panels on the Yarmouth Fire Hall. Responses were received from four firms (Appendix D).
MOVED BY Councillor Dares, SECONDED BY Councillor Boudreau that the tender for the installation of a new roof for the Yarmouth Fire Hall be awarded to the lowest tender, Hydroguard Roofing for Option 1, which is a single ply modified bitumen roofing in the amount of $72,500.00 + HST.
MOTION CARRIED
PLANNING ADVISORY COMMITTEE
The following recommendations were presented from the Planning Advisory Committee:
MOVED BY Councillor Judge, SECONDED BY Councillor Boudreau that the application from OMG-Atlantic to amend the Town's Land Use By-law, in particular Part 6.8, to enable the erection of off-site signage on recycling units (public structures) as it is deemed to be contrary to the intent of the Municipal Planning Strategy and Land Use By-law, be refused.
MOTION CARRIED
MOVED BY Councillor Judge, SECONDED BY Councillor Strickland that the recommendation to advertise for a public hearing in order to consider and if deemed advisable adopt an amendment to the Town's 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.
MOTION CARRIED
MOVED BY Councillor Judge, SECONDED BY Councillor Strickland that the recommendation to advertise for a public hearing in order to consider and if deemed advisable, amend the Municipal Planning Strategy, in particular Policy 1.15 and concurrently amendment the Land Use By-law, in particular Part 7.3 (A) to enable the establishment of hostels within the residential designation by development agreement as per the Planner's report, be approved.
MOTION CARRIED
JOINT HERITAGE ADVISORY COMMITTEE
Councillor Dares advised the inventory for the Town of Yarmouth is now complete.
MOVED BY Councillor Dares, SECONDED BY Councillor Judge that correspondence be sent to the Municipality of the District of Yarmouth advising that Council accepted a recommendation from the Joint Heritage Advisory Committee that provided for the calling 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.
MOTION CARRIED
Concern was expressed that the Provincial position of Manager of Heritage Property Programs is currently vacant.
MOVED BY Councillor Dares, SECONDED BY Councillor Judge that a letter be written to the Province expressing concern that serious consideration be given to fill the Provincial position of Manager of Heritage Property Programs, previously filled by Mr. Wayde Brown.
MOTION CARRIED
YARMOUTH COUNTY INDUSTRIAL COMMISSION
Councillor Boudreau provided an update on the activities of the Yarmouth County Industrial Commission.
STAFF REPORTS
TAXI ASSOCIATION
The CAO requested that Council give consideration to first reading of an amendment to the Taxi By-law.
MOVED BY Councillor Boudreau, SECONDED BY Councillor Dares that First Reading of the amendment to the Taxi By-law to include three door mini vans, be approved.
MOTION CARRIED
UNSM CONFERENCE
The CAO advised that Linda Deveau was making the arrangements for the entertainment luncheon for the UNSM conference in November. He also advised that Yarmouth would be hosting the 2003 UNSM conference.
OLD BUSINESS
25 MOODY'S LANE
In response to questions regarding the tender call for the sale of property at 25 Moody's Lane, the CAO reviewed his memo of August 26, 2002 (Appendix E).
NEW BUSINESS
YARMOUTH PERFORMING ARTS AND CONVENTION CENTRE
Correspondence from Sperry & Partners regarding and expression of interest for the proposed Yarmouth Performing Arts and Convention Centre, was considered as well as correspondence from Mr. Alex Pressburger representing various individuals/groups in the community.
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Strickland that the proposal from Sperry & Partners be approved and that Sperry & Partners be informed of the report from Mr. Pressburger expressing the concerns of interested individuals/community groups.
MOTION CARRIED
POLICY FOR THE SELECTION OF DEPUTY MAYOR
Information regarding the process for the selection of the Deputy Mayor, was circulated.
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Judge that a motion to adopt a policy for the selection of the Deputy Mayor for a four year term be presented at the November meeting of Council.
MOTION CARRIED
ENGINE BRAKES
Concerns were expressed regarding the use of "engine brakes" throughout the Town. MOVED BY Councillor Dares, SECONDED BY Councillor Judge that staff be directed to look into the possibility of erecting signs prohibiting the use of "engine brakes" within the Town limits.
MOTION CARRIED
CONSTRUCTION AND DEMOLITION
Councillor Boudreau declared a conflict of interest and removed himself from the table.
Concerns were expressed regarding the relocation of demolition materials from the Odeon Theatre site to a site within the Town limits and if there was a regulation under the Planning Act to prohibit the disposal of such materials in this manner.
The CAO read correspondence from the Planner advising any transfer of material that is not done for development is not subject to the by-law and no development permit was required. The CAO advised he had forwarded correspondence to Acadian Enterprises c/o Mr. Boudreau advising him of the requirement to remove the debris that is not acceptable for infilling from within the Town limits. Correspondence has been received from Acadian Enterprises indicating they will be removing the debris from the site in question with the approval from the Department of Environment and Labour.
MOVED BY Deputy Mayor Hood, SECONDED BY Councillor Strickland that the CAO be directed to authorize the Solicitor to draft the appropriate legislature to prevent the disposal of debris within the Town.
MOTION CARRIED
Councillor Boudreau returned to the table at this time. APPROVAL OF INVOICES
MOVED BY Councillor Dares, SECONDED BY Councillor Judge 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 October 10, 2002.
Mayor Crosby presented Council with a plaque received from Lieutenant Governor, Myra Freeman, in recognition of the many years of hard work in preserving the heritage of the community.
ADJOURN
The Meeting adjourned at 9:15 p.m.
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MAYOR
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CHIEF ADMINISTRATIVE OFFICER