2014-09-16_Council

MUNICIPAL COUNCIL

September 16, 2014

SUMMARY OF MOTIONS


MOTION 140916.01  Banks - Variance Appeal - Grant2

MOTION 140916.02  Minutes Regular Session August 19, 2014. 2

MOTION 140916.03  Minutes Special Session September 2, 2014. 2

MOTION 140916.04  Ratify Cost Share Agreement – Paving Project Nictaux Road. 3

MOTION 140916.05  Bear River Head of the Tide Servicing. 3

MOTION 140916.06  Cost Share Request to TIR re Bear River Head of the Tide Sewer Extension Project4

MOTION 140916.07  Ward Estates Paving Upgrades. 4

MOTION 140916.08  Grant Request Annapolis Valley Exhibition Society. 4

MOTION 140916.09  Grant Request Western Kings Community Fair Association. 4

MOTION 140916.10  AM-7.2.1 Information Technology Policies - Repeal/Replace. 5

MOTION 140916.11  AM-1.3.5 Committees of Council Policy - Amend. 5

MOTION 140916.12  AM-1.3.6 Advisory Committees and Boards Policy - Amend. 5

MOTION 140916.13  2013-14 Draft Consolidated Financial Statements to March 31, 2014. 5

MOTION 140916.14  Transfer of General Operating Surplus to Operating Reserve and Sewer Surplus to Sewer Capital Replacement Reserve. 5

MOTION 140916.15  Habitation Sub Committee – Second Port Royal Family Fun Festival in 2015. 6

MOTION 140916.16  Fall Pick Up. 6

MOTION 140916.17  Safety on Highway 1 Deep Brook. 6

MOTION 140916.18  Internet Service - Lawrencetown. 7

MOTION 140916.19  Bear River Head of the Tide Budget Allocation. 7

MOTION 140916.20  Streetlighting – Capital Budget Adjustment7

MOTION 140916.21  HMCS Acadia 2015 Funding Request8

MOTION 140916.22  Letter to TIR – Review Speed Limits on Highway 1 from Town of Middleton Boundary to Kings County Line. 8

MOTION 140916.23  Port Lorne Wharf – Small Matching Grant Program.. 9

MOTION 140916.24  Port Lorne Wharf – Large Project Matching Grant Program.. 9

MOTION 140916.25  Lease Agreement – Bears Place Piercing and Tattoos. 10


 


Minutes of the regular session of Municipal Council held on September 16, 2014, at 10:00 a.m. in the Municipal Administration Building, Annapolis Royal, NS.

Present:          Warden Reg Ritchie, Deputy Warden Wilkins; Councillors: Brian ‘Fuzzy’ Connell, Wayne Fowler, Paul McDonald, Gregory Heming, Alex Morrison, Timothy Habinski, Frank Chipman, Martha Roberts, and Diane LeBlanc.

Also

Present:          A/CAO Dawn Campbell, Municipal Clerk Carolyn Young, and other staff.

The Warden reminded all to address the Chair during discussions.

The Solicitor introduced Maggie Shackleton, an Article Clerk student interning at Durland, Gillis & Schumacher Associates.

The Warden issued congratulations to staff on winning an EDAC National Marketing Award for the 2014 Festivals and Community Events guide. Deputy Warden Wilkins noted that this is part of the legacy project established during 2004, as we celebrated 400 Years of Living and Working Together.

The Council Workshop, which was to take place this morning, has been rescheduled to tomorrow, Wednesday, September 17, 2014, at 1:45 p.m.

Additions/Deletions

By consensus, the following items were added to the agenda: 11 (A) Port Lorne Wharf (B) Age-Friendly Communities, (C) Elections Nova Scotia, and (D) Banks - Variance Appeal Decision.

Approval of Agenda

Councillor Roberts moved, seconded by Councillor Chipman, the adoption of the agenda as amended. Motion carried unanimously.

In-Camera

In accordance with sections 22(2) (a), (d), and (e) of the Municipal Government Act, it was moved by Councillor McDonald, seconded by Councillor Fowler, that Municipal Council meet in-camera at 10:06 a.m. until 10:53 a.m. Motion carried unanimously.

Reports & Recommendations

Re: Municipal Solicitor

  • – a monthly report for August was circulated to desks. Councillor McDonald moved, seconded by Councillor Fowler, to receive the Solicitor report for information. Motion carried unanimously.

Public Hearing

It was moved by Councillor Roberts, seconded by Councillor Heming to adjourn at 11:00 a.m. to the Public Hearing: Banks - Variance Appeal. Council resumed at 11:22 a.m. following the public hearing (see separate agenda and minutes).

Re: Banks - Variance Appeal

MOTION 140916.01              Banks - Variance Appeal - Grant

Councillor Chipman moved, seconded by Councillor LeBlanc, that Municipal Council grant a variance of 5.2 metres as requested. Motion carried unanimously.

Minutes

MOTION 140916.02              Minutes Regular Session August 19, 2014

It was moved by Councillor Chipman, seconded by Councillor Habinski, that the minutes of the regular session of Municipal Council held on August 19, 2014, be approved as circulated.

MOTION 140916.03              Minutes Special Session September 2, 2014

Councillor Fowler moved, seconded by Councillor LeBlanc, that the minutes of the special session of Municipal Council held on September 2, 2014, be approved as circulated. Motion carried unanimously.

Business Arising from the Minutes

Re: Stance on Capped Assessments from August 19, 2014

It was moved by Deputy Warden Wilkins, seconded by Councillor Fowler, to table to October Council, so that the CAO could provide further information. Motion carried unanimously.

Councillor Comments

District 3 –Councillor Fowler reported he had informed residents about the 211 program.

District 7 – Councillor Habinski noted an essay by Steve Skafte, owner of Low Tide Gallery, Bridgetown which describes the writer’s sense of place in Bridgetown. Councillor Habinski read the essay to those in attendance.

District 6 – Councillor Morrison highlighted the Cornwallis Military Museum, commemorating the role of Her Majesty’s Canadian Ship/Canadian Forces Base Cornwallis in Annapolis County from 1942 until 1994. The non-profit organization attracts visitors from across Canada, from other countries and is a major attraction for the 1,000 young folks who attend education and training activities at the HMCS Acadia Sea Cadet camp. The Annual Tea and Craft Sale will take place Saturday October 18th from 1 p.m. to 4 p.m. in the Museum. This is a popular and well attended event, which always features good, homemade food and various crafts. He commended this volunteer accomplishment and invited all to visit.

District 2 – Councillor Connell noted that Saturday, September 20th, is the Mount Hanley One Room School House Museum Society’s fund raising supper at the Port George Community Hall. Scotiabank Middleton will match any funds raised. Proceeds will go towards repairing foundation issues at the museum. See Councillor Connell for more details.

District 10 – Councillor Roberts extended her appreciation to the Annapolis County Municipal Housing Corporation and staff for the service at the graveyard, memorial stone and information sign. The event was held August 23rd and was well attended by staff and others.

District 8 – The Warden commended Councillor Roberts for her contributions leading to the success of the August 23rd event that he attended. He attended a sod-turning on Saturday at the Milford House. They are rebuilding, again, after the fire last spring. Milford House is operated by a Board of Directors and has more than 300 shareholders from around the world. He thanked the Milford Area Community Association for allowing the Milford House to serve meals at the community hall.

New Business

Re: Committee, Board, and Regional Organizations – Councillor Chipman referred to the committee list that had been circulated for Council to determine which committees are active, expired, etc.

  • Priorities and Plans – the approved amendment of Policy AM-1.3.5 will strike this committee from the list
  • Strategic Planning Adhoc Committee – Councillor Morrison noted that in accordance with discussions with the CAO, this should remain.
  • Youth Engagement Adhoc Committee – Councillor Habinski noted this Committee has one more function to complete so it should remain until that can be fulfilled by meeting with the Superintendent of the Annapolis Valley Regional School Board.
  • ARC Graveyard Working Group – Councillor Roberts noted that this group is still working on an information binder, which is nearing completion. It is requested that the committee remain at this time.
  • ADEDA – this is now defunct. Councillor McDonald moved, seconded by Councillor Fowler, that it be removed from the list. Motion carried unanimously.
  • AVRSB BRHS Steering Team – Councillor Habinski noted that this is ongoing. Staff will research whether this is actually a Council appointment or just a volunteer position.

Re: Transportation & Infrastructure Renewal – ratify motion for Additional Paving, Nictaux

MOTION 140916.04              Ratify Cost Share Agreement – Paving Project Nictaux Road

Deputy Warden Wilkins moved, seconded by Councillor Chipman, that Municipal Council ratify a motion from August 19, 2014, authorizing the Chief Administrative Officer to enter into a cost-share agreement with Transportation and Infrastructure Renewal for a paving project on the Nictaux Road between Trunk 10 and the trail crossing, approximately 600 metres, at a cost not to exceed $50,000 from the Operating Reserve. Motion carried unanimously.

Reports & Recommendations (cont’d)

Re: Committee of the Whole (September 9th)

  • Bear River Head of the Tide Servicing

MOTION 140916.05              Bear River Head of the Tide Servicing

In accordance with the recommendation of Committee of the Whole, Deputy Warden Wilkins moved, seconded by Councillor Morrison, that Municipal Council approve the additional allocation of $162,000 for the Head of the Tide Sewer Extension project for a total project budget allocation of $492,000, with the source to be determined after a capital budget review at Municipal Council. Motion carried unanimously. (see also motion 140916.19)

  • Cost Share Request to TIR re Bear River Head of the Tide Sewer Extension Project

MOTION 140916.06              Cost Share Request to TIR re Bear River Head of the Tide Sewer Extension Project

Deputy Warden Wilkins moved, seconded by Councillor Morrison, in accordance with the recommendation of Committee of the Whole, that Municipal Council approve requesting the Ministry of Transportation and Infrastructure Renewal (with a copy to the Deputy Minister) to cost-share the road reconstruction portion of the Head of the Tide Sewer Extension Project. Motion carried unanimously.

  • Ward Estates Paving Upgrade

MOTION 140916.07              Ward Estates Paving Upgrades

Pursuant to the recommendation of Committee of the Whole, Deputy Wilkins moved, seconded by Councillor LeBlanc, that Municipal Council apply for provincial cost-sharing of the paving of the Ward Estates Subdivision road. Motion carried unanimously.

  • Grant Request Annapolis Valley Exhibition Society

MOTION 140916.08              Grant Request Annapolis Valley Exhibition Society

Deputy Warden Wilkins moved, seconded by Councillor Roberts, pursuant to the recommendation of Committee of the Whole, that Municipal Council provide a grant in the amount of $500 to the Annapolis Valley Exhibition Society in accordance with Policy AM-1.4.9 Community Grants. Motion carried unanimously.

  • Grant Request Western Kings Community Fair Association

MOTION 140916.09              Grant Request Western Kings Community Fair Association

In accordance with the recommendation of Committee of the Whole, Deputy Warden Wilkins moved, seconded by Councillor Connell, that Municipal Council, provide a one-time grant of $1,000 to the Western Kings Community Fair Association. Motion carried unanimously.

  • Repeal/Replace AM-7.2.1 Information Technology Policies

MOTION 140916.10              AM-7.2.1 Information Technology Policies - Repeal/Replace

Deputy Warden Wilkins moved, seconded by Councillor McDonald, in accordance with seven day notice having been given, that Municipal Council repeal AM-7.2.1 Information Technology Acceptable Use Policy and approve AM-7.2.1 Information Technology Policy as circulated. Motion carried unanimously.

  • Amend AM-1.3.5 Committees of Council Policy

MOTION 140916.11              AM-1.3.5 Committees of Council Policy - Amend

Pursuant to seven day notice having been given, Deputy Warden Wilkins moved, seconded by Councillor Morrison, that Municipal Council amend AM-1.3.5 Committees of Council Policy by deleting the Priorities and Plans Committee (Sections 22 to 25). Motion carried unanimously.

  • Amend AM-1.3.6 Advisory Committees and Boards Policy

MOTION 140916.12              AM-1.3.6 Advisory Committees and Boards Policy - Amend

Deputy Warden Wilkins moved, seconded by Councillor Fowler, pursuant to seven day notice having been given, that Municipal Council amend AM-1.3.6 Advisory Committees and Boards Policy as circulated. Motion carried unanimously.

  • 2013-14 Draft Consolidated Financial Statements to March 31, 2014

MOTION 140916.13              2013-14 Draft Consolidated Financial Statements to March 31, 2014

In accordance with the recommendation of Committee of the Whole, Deputy Warden Wilkins moved, seconded by Councillor McDonald, that Municipal Council approve the 2013-2014 Draft Consolidated Financial Statements to March 31, 2014 as presented to the Audit Committee by Grant Thornton. Motion carried unanimously.

Council thanked Holly Orde and her team for this great accomplishment and being able to meet the provincial deadline of September 30.

  • Transfer of General Operating Surplus to Operating Reserve and Sewer Surplus to Sewer Capital Replacement Reserve

MOTION 140916.14              Transfer of General Operating Surplus to Operating Reserve and Sewer Surplus to Sewer Capital Replacement Reserve

Deputy Warden Wilkins moved, seconded by Councillor Habinski, in accordance with the recommendation of Committee of the Whole, that Municipal Council authorize the transfer of the 2013-2014 general operating surplus of $506,158 actual to the operating reserve and $71,634 to the sewer capital replacement reserve. Motion carried unanimously.

  • Habitation Sub Committee - Second Port Royal Family Fun Festival in 2015

MOTION 140916.15              Habitation Sub Committee – Second Port Royal Family Fun Festival in 2015

Pursuant to the recommendation of Committee of the Whole, Deputy Warden Wilkins moved, seconded by Councillor Heming, Municipal Council, to endorse the Habitation Sub Committee in hosting a second festival in September 2015, with a budget not to exceed $3,000 from the Economic Development budget. Motion carried unanimously.

  • Fall Pick Up

Deputy Warden Wilkins moved, seconded by Councillor Fowler, pursuant to the recommendation of Committee of the Whole, that Municipal Council send a letter to Valley Waste Resource Management Authority requesting that the Fall Pick Up be reinstated for this year.

It was moved by Councillor Morrison, seconded by Councillor Fowler to amend the motion by adding ‘or that suitable alternate arrangements be made.’ Motion on the amendment lost, 3 in favour (Fowler, Morrison, Roberts), 8 against.

On the original motion:

Deputy Warden Wilkins moved, seconded by Councillor Fowler, pursuant to the recommendation of Committee of the Whole, that Municipal Council send a letter to Valley Waste Resource Management Authority requesting that the Fall Pick Up be reinstated for this year. Motion lost, 3 in favour, 8 against.

MOTION 140916.16              Fall Pick Up

It was moved by Deputy Warden Wilkins, seconded by Councillor McDonald, to request that Valley Waste-Resource Management consider making access to Valley Waste collection sites available to residents to drop off debris without charge for a period of time in the fall. Motion carried unanimously.

  • Safety on Highway 1 Deep Brook

MOTION 140916.17              Safety on Highway 1 Deep Brook

In accordance with the recommendation of Committee of the Whole, Deputy Warden Wilkins moved, seconded by Councillor Morrison, that Municipal Council send a letter to Transportation and Infrastructure Renewal, requesting a flashing yellow light at the intersection of Hwy 1 and Burns Hill Road, Deep Brook. Motion carried unanimously.

  • Internet Service

MOTION 140916.18              Internet Service - Lawrencetown

Deputy Warden Wilkins moved, seconded by Councillor Habinski, in accordance with the recommendation of Committee of the Whole, that Municipal Council send a letter to our MLA/Premier to investigate the lack of fibre optic internet service in Lawrencetown, which is hampering the students of the College of Geographic Sciences while they are off-campus. Motion carried unanimously.

Lunch

Councillor McDonald moved, seconded by Deputy Warden Wilkins, that Council break for lunch at 12:09 p.m. with all returning at 1:30 as previously noted.

Re: Addition to the Agenda – Councillor Roberts moved, seconded by Councillor Heming, to add Proposed Lease Agreement to the additions. Motion carried unanimously.

Re: Housekeeping – The A/CAO noted for the information of Councillors that Annapolis County Municipal Housing Corporation (ACMHC) will not appear in the nominations ad for citizen members.

New Business (cont’d)

Re: Capital Budget Review – the Director of Engineering and Public Works circulated a synopsis of the current capital and gas tax funding allocations, in order to determine what priorities need to shift for funding for Bear River Head of the Tide and Basinview Grass Pellet projects to move forward.

Re: Bear River Head of the Tide

MOTION 140916.19              Bear River Head of the Tide Budget Allocation

Councillor Habinski moved, seconded by Councillor Morrison, that Municipal Council approve the additional allocation of $162,000.00 by taking 50% from the Sewer Reserve and 50% from Gas Tax, for the Head of the Tide Sewer Extension project for a total project budget allocation of $492,000.00. Motion carried, 10 in favour, 1 against. (see also motion 140916.05)

Re: Streetlighting

MOTION 140916.20              Streetlighting – Capital Budget Adjustment

It was moved by Councillor Roberts, seconded by Councillor Heming, that $100,000 be moved from 2015/16 streetlights into 2014/15 streetlights. Motion carried unanimously.

Re: RFD – Grass Pellet Biofuel Budget Update – it was the consensus to table this item for discussion at the Wednesday, September 17th Basinview Centre workshop.

Correspondence

Re: Autism Nova Scotia (August 6th) – Councillor Chipman moved, seconded by Councillor LeBlanc to receive this card of thanks for information. Motion carried unanimously.

Re: HMCS Acadia (August 20th) – Inviting Municipal Council to attend the final graduation celebration 2015 and asking for a financial contribution to the celebration.

MOTION 140916.21              HMCS Acadia 2015 Funding Request

Councillor Habinski moved, seconded by Councillor Heming, that a reply be sent thanking them for the correspondence and requesting that they complete and submit a grant application. Motion carried unanimously.

Re: Trans County Transportation Society (August 11th) – It was moved by Councillor Chipman, seconded by Councillor Fowler to receive this note of thanks for information. Motion carried unanimously.

Re: Transportation and Infrastructure Renewal (August 11th) – Letter of response to speed zones in growth areas such as the outskirts of Middleton. Councillor Fowler moved, seconded by Councillor McDonald, to receive for information. Motion carried unanimously.

MOTION 140916.22              Letter to TIR – Review Speed Limits on Highway 1 from Town of Middleton Boundary to Kings County Line

It was moved by Councillor Habinski, seconded by Councillor Heming, that Municipal Council request a review of the speed limits on Highway 1 from the Middleton Town Boundary to the Kings County Line. Motion carried unanimously.

Re: Nova Scotia Provincial Lotteries & Casino Corporation (August 26th) – noting community events for Responsible Gambling Awareness Week (RGAW) in Halifax, Sydney, Amherst and Yarmouth. It was moved by Deputy Warden Wilkins, seconded by Councillor Heming, to receive for information. Motion carried unanimously.

Re: Juniper House (September 9th) – thanks. Councillor Chipman moved, seconded by Councillor McDonald, to receive this card of thanks for information. Motion carried unanimously.

Re: PC Caucus copy (September 3rd) – regarding past issues with (dis)continuous roads. Councillor Fowler moved, seconded by Councillor Roberts, to receive for information. Motion carried unanimously.

Re: Municipality of the District of Barrington (August 26th) – resolution to UNSM regarding parking fees increase from $3.00 to $4.00 effective September 1, 2014 in South West Nova District Health Authority. It was moved by Councillor McDonald, seconded by Councillor Heming, to receive for information. Motion carried unanimously.

Additions

Re: Port Lorne Wharf – Councillor Fowler reported that the wharf is in seriously bad shape and circulated photos of its current condition. The Port Lorne Preservation Society is requesting $10,000, and is contributing a large sum of money to the project. The Society would appreciate Council’s immediate consideration as the repairs must be completed by October 14th. A request for decision had been submitted but didn’t get reviewed in time for inclusion on theSeptember Committee of the Whole agenda.

MOTION 140916.23              Port Lorne Wharf – Small Matching Grant Program

It was moved by Councillor Fowler, seconded by Councillor Roberts, that Municipal Council approve a grant of $7,500.00 to the Port Lorne Preservation Society under the Small Project Matching Grant Program, as per AM-1.4.3 Harbour Authorities Societies Capital Assistance Program. This grant will allot for the County’s Contribution covering the 2014-15, 2015-16, and 2016-2017 fiscal years. Motion carried unanimously.

MOTION 140916.24              Port Lorne Wharf – Large Project Matching Grant Program

Councillor Fowler moved, seconded by Councillor LeBlanc, that Municipal Council approve a grant of $2,500.00 to the Port Lorne Preservation Society under the Large Project Capital Investments Matching Grant Program, as per AM-1.4.3 Harbour Authorities Societies Capital Assistance Program. Motion carried unanimously.

Re: Age-Friendly Communities – Councillor McDonald reported on a conference he had attended in Baddeck, noting some municipalities are preparing to stem the exit flow of the elderly for lack of services or infrastructure. “Age-friendly” refers to persons from ages 8 to 80, not just the elderly. Big institutions are a thing of the past; current thinking is to build smaller homes that are accessible to those just starting out and to those who are older. He will make the information available to all councillors through the Councillor’s Library.

Re: Elections Nova Scotia – the Clerk explained information had been received from the Province about an opportunity to develop a province-wide municipal elections system. The deadline to indicate interest is today. It was moved by Councillor Morrison, seconded by Councillor Roberts, that the Clerk respond to indicate interest. Motion carried unanimously.

In-Camera

In accordance with Section 22(2)(a) of the Municipal Government Act, it was moved by Councillor Habinski, seconded by Councillor Heming, that Municipal Council meet in-camera at 2:36 p.m. until 2:43 p.m. Motion carried unanimously.

Re: Approval of Proposed Lease Agreement

MOTION 140916.25              Lease Agreement – Bears Place Piercing and Tattoos

Councillor Morrison moved, seconded by Councillor Heming, that Municipal Council approve the lease as circulated for Bears Place Piercing and Tattoos. Motion carried, 9 in favour, 2 against.

Adjournment

Upon motion of Councillor Habinski, seconded by Councillor Chipman, the meeting adjourned at 2:45 p.m.

_______________________________                                  ______________________________

Warden                                                                                   Municipal Clerk                        

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