COMMITTEE OF THE WHOLE

FOR THE

MUNICIPALITY OF THE DISTRICT OF SHELBURNE

June 14, 2010

The Committee of the Whole Meeting for the Municipality of the District of Shelburne was held on Monday, June 14, 2010 commencing at 5:00 pm in the Council Chambers of the Municipal Administration Building, Shelburne, Nova Scotia.

THOSE IN ATTENDANCE WERE:

• Warden Sherm Embree
  
• Councillor Ardith VanBuskirk
  
• Councillor Norman Wallet
  
• Councillor Doris Townsend
  
• Deputy Warden John Roscoe
  
• Councillor Cathy Holmes
  
• Councillor Roger Taylor
  
• Kirk Cox, CAO
  
• Penny Smith, Municipal Clerk
  
• Dwayne Carey, Director of Finance
  
• Erin Hartley, Recording Secretary

Also Present:

Members of the public & press

1. CALL TO ORDER:

The Meeting was called to order at 5:00 pm by Deputy Warden John Roscoe.

2. APPROVAL OF MINUTES:

Being duly moved and seconded, be it resolved that the Minutes of May 10, 2010 be approved as circulated.

-MOTION CARRIED

3. APPROVAL OF AGENDA:

Being duly moved and seconded, be it resolved that the Agenda of June 14, 2010 be approved.

-MOTION CARRIED

5. BUSINESS ARISING FROM THE MINUTES

None

6. MEMBERS OF COUNCIL:

1. Mayors for Peace – Councillor Holmes
   
2. Council and APS Meeting Dates – Deputy Warden Roscoe
   
3. Streetlight Relocation – Councillor Holmes

6. (a)

Councillor Holmes advised that the issue regarding Mayors for Peace was discussed at UNSM and it was suggested that the Municipality of Shelburne join and advocate for peace. There are close to 400 organizations in 144 Countries that have joined this movement. There is no cost for membership.

MOTION: MAYORS FOR PEACE

Being duly moved and seconded, be it resolved that Committee of the Whole recommend to Council that the Municipality of the District of Shelburne join Mayors for Peace.

Discussion was held regarding this topic being a federal responsibility. Although the Municipality could distribute the information throughout the Municipality, caution was given to stepping into fields beyond our responsibility as well as the need for more information on this subject.

MOTION: MAYORS FOR PEACE – POSTPONEMENT

Being duly moved and seconded, be it resolved that Committee of the Whole postpone the main motion Mayors for Peace indefinitely until more information is available for Council.

-MOTION CARRIED

Councillors Holmes and Townsend voted against this motion.

It was agreed that Councillors will bring this matter forward once staff provide background information.

6. (b)

It was noted that the June Council Meeting falls on the same evening as the SRHS and LRHS Graduations and that the June APS Meeting falls on the evening before the Canada Day Holiday. No conflicts in schedules were presented.

4. PRESENTATIONS:

(a)	Coastal Climate Change Adaptation Jennifer Graham, Ecology Action Centre Re: An Opportunity for the Municipality of the District of Shelburne	5:15 pm
(b)	West Green Harbour Recreation Association Michelle Branchaud, Chairperson Re: Update and Future Plans for the Hall	5:45 pm

4. (a)

Jennifer Graham from the Ecology Action Centre made a presentation to Committee regarding Coastal Climate Change Adaption Strategies. Discussion was held regarding many challenges facing coastal communities. Ms. Graham identified ways for the population to help protect our coastlines. Pressures on the coast, coastal change, climate change, natural disasters, provincial and municipal responsibilities, adaptation, and safety concerns were also areas of discussion.

Ms. Graham suggested that Council advocate for proactive risk assessments by contacting the Department of Transportation and Infrastructure Renewal.

Ms. Graham was thanked for her presentation and left the meeting at 5:47 pm.

4. (b)

Michelle Branchaud, Chairperson and Mary Scott, Treasurer of the West Green Harbour Recreation Association updated Committee on the events that have taken place over the past year at the West Green Harbour Hall. It was noted that although this group is small they have held many events, fundraisers and are renting the hall to various organizations and groups to increase revenues. They are also trying to recruit more group members.

Discussion was held regarding revenues and expenditures, maintenance grants, hall lease and their success over the past year.

It was noted that the group is not yet able to take over the hall, but they are well on their way to a productive, community based and well used space in West Green Harbour.

The presenters were thanked for their hard work in the community and left the meeting at 6:00 pm.

6. (c)

Councillor Holmes recommended that a streetlight in her district be moved from one side of the road to the other at the request of a resident.

MOTION: STREETLIGHT RELOCATION - OHIO

Being duly moved and seconded, be it resolved that Committee of the Whole recommend to Council that the Municipality of the District of Shelburne approve the relocation of a street light from the east side of the road at 5167 Highway 203, Ohio, to the west side of the road, at the request of the resident. Any associated costs to come from District Grant Fund #4.

- MOTION CARRIED

7. STAFF REPORTS:

1. Wind Energy Development Plan Project and Planning/GIS Contractor Selection
   
2. Sustainability Partnership Program
   
3. Building By-Law B-100
   
4. Appointments to Recreation & Parks Advisory Committee
   
5. Municipal Grants to Organizations – 2010/11
   
6. Amendment to Municipal Grants Policy and Application Form
   
7. Fees Policy
   
8. Waste Diversion
   
9. 2010/11 Operating, Reserve and Capital Budgets and Tax Rate
   
10. Winding Down of SWSDA Operations – Verbal Update

7. (a)

Emily Tipton, ICSP Project/Planner Co-ordinator, noted that in May of 2009 Council agreed to the development of a Wind Turbine By-Law and on May 11, 2010 the Nova Scotia Department of Energy awarded funding to the Municipality to conduct a Wind Energy Development Plan, including the development of a Wind Turbine By-Law and associated municipal planning strategy.

MOTION: WIND ENERGY DEVELOPMENT PLAN PROJECT AND PLANNING/GIS CONTRACTOR SELECTION

Being duly moved and seconded, be it resolved that Committee of the Whole recommend to Council that the staff report regarding Wind Energy Development Plan Project and Planning/GIS Contractor Selection, be approved, which states that:

• The Municipality of the District of Shelburne conduct a Wind Energy Development Plan; and
  
• The Municipality of the District of Shelburne award the contract for Planning and GIS support for the project to Stantec.

-MOTION CARRIED

Discussion was held regarding funding opportunities, prospective properties and site locations, power grid capacity, public information sessions and municipal utility opportunities.

7. (b)

Discussion was held regarding the proposed Sustainability Partnership Program which would be a pilot project for the Municipality and which would hopefully benefit the local economy and strengthen the area by helping the Municipality become more sustainable.

MOTION: SUSTAINABILITY PARTNERSHIP PROGRAM

Being duly moved and seconded, be it resolved that Committee of the Whole recommend to Council that the staff report regarding Sustainability Partnership Program, be approved, which states that:

• The Municipality of the District of Shelburne initiate a pilot project for the Sustainability Partnership Program from September 2010- May 2011; and
  
• The Municipality of the District of Shelburne commit $1,000.00 in funding from the 2010/11 operating budget towards this program.

-MOTION CARRIED

Staff will identify source of funds in the budget for this project.

7. (c)

Tina McKay, Building Inspection Assistant, introduced the proposed amended Building By-Law B-100 and discussions included public awareness, confidentiality, new regulations, fees as well as the following revisions to the by-law:

• Updated layout
  
• Specific information required on building/demotion permit application
  
• Written consent form that gives the owner the option of allowing an agent to apply for, pick up and/or be responsible for the building/demotion permit
  
• Repeal information

MOTION: BUILDING BY-LAW B-100

Being duly moved and seconded, be it resolved that Committee of the Whole recommend to Council that the staff report regarding Building By-Law B-100, be approved, which states that:

• The Council of the Municipality of the District of Shelburne give first reading to the attached draft Building By-Law B-100; and
  
• The Municipality advertise Council’s intent to give the said by-law second and final reading at its meeting of Monday, July 26, 2010 at 5:15 pm.

-MOTION CARRIED

7. (d)

Marilyn Johnston, Director of Recreation and Parks advised that there were three positions to be filled and suggested that they be filled as follows:

• Philip Seaboyer of Jordan Falls District #5
  
• Sheila Dick of West Green Harbour District #6
  
• Youth Members to share one position as alternates
  

Youth will attend September through May so it doesn’t interfere with a member applying for a summer staff position. All positions would now be filled on the Recreation and Parks Committee.

MOTION: APPOINTMENTS TO RECREATION & PARKS ADVISORY COMMITTEE

Being duly moved and seconded, be it resolved that Committee of the Whole recommend to Council that the staff report regarding Appointments to Recreation & Parks Advisory Committee be approved, which states that:

Council appoint the following new volunteer members to the Recreation & Parks Advisory Committee

• Philip Seaboyer of Jordan Falls District #5
  
• Sheila Dick of West Green Harbour District #6

Youth Members to share one position as alternates:

• Lauren Nickerson of Sandy Point District #3
  
• Julie Poole of Commission Street District #3
  
• Ryan Balcom of Carleton Village District #2
  
• David Leigh Wamback of East Jordan District #5
  
• Mallory Munroe of Pleasant Point Road, Osborne Harbour District #7

-MOTION CARRIED

7. (e)

Discussion was held regarding the monetary limits of each section of the grants policy. It was noted that 50 organizations applied for assistance to come from a total budget of $40,000.00. Discussion was also held regarding moving grant requests to other areas in the budget, i.e. Tourism as well as methodology and rotation of Grants Committee members.

MOTION: MUNICIPAL GRANTS TO ORGANIZATIONS 2010/11

Being duly moved and seconded, be it resolved that Committee of the Whole recommend to Council that the staff report regarding Municipal Grants to Organizations 2010/11 be approved, which states that:

• Council support the work of community volunteer organizations by approving the recommendations of the Grants to Organizations Committee in the amount of $40,001.00 as per the attached schedules A- Support Grants- Community Based Organizations; B- Community Recreation and Parks Grants; C- Community Heritage Grants; D- Community Festivals and Events Grants; and E – Community Capital Grants with funds available from account #0021950791 Fiscal Services and account #0027120791 Recreation & Parks.
  
• Budget allocations for 2011/12 for Grants to Organizations (account #0021950791 Fiscal Services) and Recreation & Parks (account #0027120791) remain the same as in 2010/11.

-MOTION CARRIED

7. (f)

MOTION: AMENDMENT TO MUNICIPAL GRANTS POLICY AND APPLICATION FORM

Being duly moved and seconded, be it resolved that Committee of the Whole recommend to Council that the staff report regarding Amendment to Municipal Grants Policy and Application Form, be approved, which states that:

The Tourism and Museums Grant Program be added to Section 1. APPLICATION page 1 of the Municipality of the District of Shelburne Grants Policy after the heading: This program does not govern the following, which are separately administered:

-MOTION CARRIED

7. (g)

Discussion was held regarding all fees being contained in one policy to avoid the lengthy process of advertising changes to by-laws every time a fee is changed.

MOTION: FEES POLICY

Being duly moved and seconded, be it resolved that Committee of the Whole recommend to Council that the staff report regarding Fees Policy, be approved as amended, which states that:

The attached draft Fees Policy be adopted by Council.

-MOTION CARRIED

Discussion was held regarding all fees being cost recoverable. The Director of Finance will advise on this issue at the next Council meeting.

7. (h)

Val Kean, Waste Diversion Coordinator introduced the idea of participating in a Clear Bag for Garbage Program which would greatly stimulate diversion, resulting in more credits/monies for the Municipality. This has proven to be an essential enforcement tool, making curbside inspections an easier and more efficient task for collection staff. Recently, RRFB announced a new incentive in which any Municipal unit reaching 300 kg per capita before 2015 will receive $1.00 per capita. This area currently holds a disposal rate of 270 kg per capita- well below the provincial goal. It is anticipated that a Clear Bag for Garbage Program will help maintain and raise this standard.

MOTION: CLEAR BAG FOR GARBAGE PROGRAM

Being duly moved and seconded, be it resolved that Committee of the Whole direct staff to investigate and design a proposal for a Clear Bag for Garbage Program for Council’s discussion.

-MOTION CARRIED

Deputy Warden Roscoe voted against this motion.

It was noted that 33 of the 55 units in Nova Scotia currently run a Clear Bag for Garbage Program. Committee agreed that the program be researched and designed only.

Deputy Warden Roscoe advised that he will be resigning from the Joint Services Board as a municipal representative.

7. (i)

MOTION: 2010/11 OPERATING, RESERVE AND CAPITAL BUDGETS AND TAX RATE

Being duly moved and seconded, be it resolved that Committee of the Whole recommend to Council that the staff report regarding 2010/11 Operating, Reserve and Capital Budgets and Tax Rate, be approved as amended, which states that:

• The residential and resource tax rate for fiscal 2010/11 be set at $1.30 per $100.00 of assessment;
  
• The commercial tax rate for fiscal 2010/11 be set at $1.82 per $100.00 of assessment;
  
• The forest rate be set at $0.25 per acre for acreage designated as resource and $.040 per acre for acreage designated as commercial;
  
• The due date for the final tax billing be October 29, 2010;
  
• An interim tax bill be sent for fiscal 2011/12, being 60% of the previous year’s total tax bill with the due date of the interim tax bill being April 30, 2011;
  
• The interest rate on taxes outstanding continue at 14% (fourteen percent) per annum calculated monthly;
  
• The gross operating budget be set at $7,869,795.00;
  
• The sewer service charge be set at $260.00;
  
• The Reserve Budget as tabled in May 2010, be approved;
  
• The Capital Budget as tabled in May 2010, be approved;
  
• The area rate for the Port Clyde and Area Fire Services be confirmed at $0.065 per $100.00 of assessment for those properties serviced by the Port Clyde Volunteer Fire Department;
  
• The area rate for the Sable River and Area Fire Services be confirmed at $0.053 per $100.00 of assessment for those properties serviced by the Sable River Volunteer Fire Department;
  
• The area rate for the Little Harbour and Area Fire Services be confirmed at $0.10 per $100.00 of assessment for those properties serviced by the Little Harbour Volunteer Fire Department.
  
  -MOTION CARRIED

Committee agreed to the elimination of business occupancy tax from the motion. Discussion was held regarding the 60/40 split in tax billing and the benefits of doing so as well as preparing a list of items from the budgetary discussions to include in next year’s budget.

7. (j)

The CAO advised that SWSDA has officially ceased to operate. The Clerks and CAOs have been given the responsibility of winding down the Authority. A joint proposal will go to Councils with suggestions on how to proceed with major issues.

8. COMMITTEE REPORTS:

None

9. INFORMATION AND OTHER REPORTS:

1. Physical Activity & Community School Co-ordinator - Progress Update
   (May 1, 2010)
   
2. Assistant to the Director of Recreation and Parks Report
   (May 1, 2010)
   
3. Letter from Town of Lockeport Re: Ownership of C&D Site
   
4. Inter Municipal Cooperation

9. (a) & (b)

These items were reviewed with no discussion.

9. (c)

A letter from the Town of Lockeport regarding ownership of the C&D Site was reviewed. It was agreed that it should be discussed at the next Joint Services Board Meeting.

9. (d)

Discussion was held regarding the Town of Shelburne’s public meeting including amalgamation options, level of service provided, cost of running the Town, elected representation and in-migration. It was noted that the majority of the people who attended the public meeting wanted the Town of Shelburne to remain as a Town.

10. NOTICE OF MOTION:

None

11. ADDED ITEMS:

None

12. MOTION: IN CAMERA

Being duly moved and seconded, be it resolved that Council go in camera pursuant to MGA – Section 22(2) (a) – Acquisition, Sale, Lease and Security of municipal property.

13. MOTION: ADJOURNMENT

Being duly moved and seconded, be it resolved that there being no further business, the meeting be adjourned at 8:10 p.m.

-MOTION CARRIED