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REGULAR SESSION OF THE 48TH COUNCIL OF

THE MUNICIPALITY OF THE DISTRICT OF SHELBURNE

July 23, 2007

The Regular Session of the 48th Council of the Municipality of the District of Shelburne was held on Monday, July 23, 2007 commencing at 6:00 p.m. in the Council Chambers of the Municipal Administration Building, Shelburne, Nova Scotia.

THOSE IN ATTENDANCE WERE:

  • Councillor Ardith VanBuskirk
  • Councillor Raymond Davis
  • Councillor John Roscoe
  • Councillor Terry McIntyre
  • Warden Paulette Scott
  • Councillor Sherm Embree
  • Deputy Warden Pat Nickerson
  • Reg Ridgley, CAO
  • Dwayne Carey, Director of Finance
  • Penny Smith, Municipal Clerk

ALSO IN ATTENDANCE:

Members of the public and press

1. CALL TO ORDER:

The Regular Session of Council was called to order at 6:04 p.m.

2. BLESSING:

Warden Paulette Scott led Council in repeating the Lord's Prayer.

3. PROCLAMATIONS:

None

4. APPROVAL OF MINUTES:

On a Motion of Councillor Raymond Davis and Councillor Terry McIntyre:
BE IT RESOLVED that the Minutes of June 25, 2007 be approved as circulated.
- MOTION CARRIED

5. APPROVAL OF AGENDA:

On a Motion of Deputy Warden Pat Nickerson and Councillor Raymond Davis:

BE IT RESOLVED that the Agenda be approved with the agreed upon additions.
- MOTION CARRIED

6. PRESENTATIONS:

None.

7. BUSINESS ARISING FROM THE MINUTES

(a) RCMP Advisory Board - Citizen Appointments - Verbal

A notice was published in the local newspaper searching for residents to sit on the RCMP Advisory Committee, the deadline was Friday, July 13, 2007 and no submissions were received.

Letters will first go out to those who had submitted Expressions of Interest for the Shelburne Area Industrial Commission, and then to service organizations if no interest is shown. Councillors may also contact residents to ascertain their interest.

MOTION: RCMP ADVISORY BOARD

On a Motion of Councillor Terry McIntyre and Deputy Warden Pat Nickerson:

BE IT RESOLVED that the Municipality of the District of Shelburne send letters to service organizations to get volunteers to sit on the RCMP Advisory Board in the event that those mentioned above are not interested.
- MOTION CARRIED

Discussion was held regarding legal issues regarding the operations of the Shelburne Area Industrial Commission, and the CAO reported that he has done some preliminary work on this matter.It was felt that the Commission should have Council’s input and that further research be done by staff on this matter.

11. MEMBERS OF COUNCIL:

(a) Councillor Davis - Fraser Property (Taxes)
(b) Deputy Warden Nickerson - District Grant Fund #1 Northeast Harbour Cemetery ($350.00)
(c) Warden Scott - Compensation to Veterans

11. (a) Councillor Davis brought this matter forward again on behalf of the Fraser’s, stating that he felt that there were a number of errors on this issue. Council took no further action on this matter.

11.(b) MOTION: DISTRICT GRANT FUND #1 (NORTHEAST HARBOUR CEMETERY ($350.00))

On a Motion of Deputy Warden Pat Nickerson and Councillor Ardith VanBuskirk:

BE IT RESOLVED that the Council of the Municipality of the District of Shelburne provide the following grant; monies to come from the District Grant Fund #1:

1. Grant in the amount of $350.00 to the Northeast Harbour Cemetery c/o Violet Hartman, for gravel.
- MOTION CARRIED

11.(c) Warden Scott discussed with Council the issue of compensation for Veteran widows from the Federal Government. She advised that in her opinion, not all Veterans were being treated fairly.

MOTION: COMPENSATION FOR VETERANS

On a Motion of Councillor Raymond Davis and Councillor Ardith VanBuskirk:

BE IT RESOLVED that the Municipality write the Minister of Veterans Affairs regarding granting compensation to the widows of those who served in the war.
- MOTION TABLED

Because there were a number of questions regarding this issue, it was agreed that the Warden obtain copies of information for Councillors for the next meeting.

11.(d) Photo Sites - Councillor VanBuskirk stated that there are a number of scenic places throughout the Municipality where tourist pull over to enjoy. She suggested that Council should consider having look offs in these areas due to safety concerns.

MOTION: PHOTO SITES

On a Motion of Councillor Ardith VanBuskirk and Councillor Raymond Davis:

BE IT RESOLVED that a staff report be prepared to find out what is involved in having look offs in various areas in the Municipality.
- MOTION CARRIED

Councillor Terry McIntyre and Councillor John Roscoe voted against this motion.

11. (e) Local Government Seminars - Discussion was held regarding the upcoming Local Government Series being hosted by Dalhousie University. It was noted that on November 21, 2007 a workshop is being held regarding Robert’s Rules of Order and it was suggested that the Municipal Clerk attend.

MOTION: LOCAL GOVERNMENT SEMINARS

On a Motion of Councillor Raymond Davis and Councillor Terry McIntyre:
BE IT RESOLVED that the Clerk be authorized to attend the Robert’s Rules of Order

Session on November 21, 2007, if she so desires.
- MOTION CARRIED

Deputy Warden Pat Nickerson stated that all staff and Council should have the opportunity and be encouraged to attend these seminars.

9. PUBLIC HEARING:

(a) Building By-Law #B-9 6:30 pm
Second and Final Reading
(b) Recommendation for Registration 7:00 pm
of a Heritage Property - Sable River Community Hall

MOTION: OPEN PUBLIC HEARING - BUILDING BY-LAW #B-9

On a Motion of Councillor Sherm Embree and Councillor Raymond Davis:
BE IT RESOLVED that Council open the Public Hearing on Building By-Law #B-9.
- MOTION CARRIED

First reading of the proposed Building By-Law #B-9 was given on June 25, 2007 and at that meeting, notice was given of Council’s intent to give second and final reading at this meeting.

The proposed By-Law will incorporate minor wording changes as well as an increase in building permit fees.
No submissions were received from the public on this matter.

MOTION: CLOSE PUBLIC HEARING - BUILDING BY-LAW #B-9

On a Motion of Councillor Sherm Embree and Councillor Terry McIntyre:
BE IT RESOLVED that Council close the Public Hearing on Building By-Law #B-9.
- MOTION CARRIED

MOTION: BUILDING BY-LAW B-9

On a Motion of Deputy Warden Pat Nickerson and Councillor Terry McIntyre:
BE IT RESOLVED that the Council of the Municipality of the District of Shelburne give second and final reading of the Building By-Law #B-9.
- MOTION CARRIED

10. STAFF REPORTS:

(a) 2007/08 Operating, Reserve and Capital Budget and Tax Rate
(b) Appointment of Building and Fire Inspector (Deborah Herman-Spartinelli)

10. (b) MOTION: APPOINTMENT OF BUILDING AND FIRE INSPECTOR

On a Motion of Councillor Raymond Davis and Deputy Warden Pat Nickerson:

BE IT RESOLVED that the Municipality of the District of Shelburne approve the staff recommendation as follows:

In the absence of the Building Inspector and Fire Inspector Council appoint Deborah
Herman-Spartinelli as Building Inspector and Fire Inspector for the administration and enforcement of the Building Code Act and the Fire Safety Act within the Municipality of the District of Shelburne.
- MOTION CARRIED

Discussion was held regarding the necessity of a photo ID and Council were advised that Ms. Herman-Spartinelli already has this in place.
It was suggested that all staff carry a photo ID.

MOTION: OPEN PUBLIC HEARING - RECOMMENDATION FOR REGISTRATION OF A HERITAGE PROPERTY - SABLE RIVER COMMUNITY HALL

On a Motion of Councillor Sherm Embree and Councillor John Roscoe:

BE IT RESOLVED that Council open the Public Hearing on the Recommendation for Registration of A Heritage Property - Sable River Community Hall.
- MOTION CARRIED

A notice was sent to the trustee of the property of Council’s intent to register the Sable River Community Hall as a Municipal Heritage Property. No objections have been received regarding this registration.

MOTION: CLOSE PUBLIC HEARING - RECOMMENDATION FOR REGISTRATION OF A HERITAGE PROPERTY - SABLE RIVER COMMUNITY HALL

On a Motion of Councillor Sherm Embree and Councillor Terry McIntyre:
BE IT RESOLVED that Council close the Public Hearing on the Recommendation for

Registration of a Heritage Property - Sable River Community Hall.
- MOTION CARRIED

MOTION: RECOMMENDATION FOR REGISTRATION OF A HERITAGE PROPERTY - SABLE RIVER COMMUNITY HALL

On a Motion of Councillor Ardith VanBuskirk and Councillor Sherm Embree:

WHEREAS the Heritage Advisory Committee of the Municipality of the District of Shelburne have recommended that the Sable River Community Hall, located at #256, Highway #3, Sable River, Shelburne County, NS, be registered as a Municipal Heritage Property; and

WHEREAS the owners of the property were served Notice of the recommendation by registered mail on June 22, 2007 and a copy of the Notice was recorded in the Registry of Deeds on June 22, 2007 as Document #88147344; and

WHEREAS no objections have been received to the proposed heritage registration;

THEREFORE BE IT RESOLVED that in accordance with the Heritage Property Act, the Council of the Municipality of the District of Shelburne, on the advice of the Heritage Advisory Committee, register the Sable River Community Hall, located at #256, Highway #3, Sable River, Shelburne County, NS, as a Municipal Heritage Property and that the said registration be recorded in the Municipal Registry of Heritage Property.
- MOTION CARRIED

10. (a) Discussion was held regarding the staff report with respect to the 2007/08 Operating, Reserve and Capital Budget and Tax Rate. The following motions were made:

1. MOTION: RESIDENTIAL AND RESOURCE TAX RATE

On a Motion of Councillor Terry McIntyre and Deputy Warden Pat Nickerson:

BE IT RESOLVED that the Residential and Resource Tax Rate for fiscal 2007/08 be set at $1.32 per $100 of assessment.
- MOTION CARRIED

Councillor Raymond Davis and Councillor John Roscoe voted against this motion.

Councillor Davis stated that he thought the rate should be $1.37 per $100.00 of assessment due to the Joint Services Board deficit and future unknowns.

2. MOTION: COMMERCIAL AND BUSINESS OCCUPANCY TAX RATE

On a Motion of Deputy Warden Pat Nickerson and Councillor ArdithVanBuskirk:

BE IT RESOLVED that Commercial and Business Occupancy Tax Rate for fiscal 2007/08 be set at $1.848 per $100 of assessment.
- MOTION CARRIED

Councillor Raymond Davis voted against this motion.

3. MOTION: JOINT SERVICES BOARD DEFICIT

On a Motion of Councillor Terry McIntyre and Councillor Sherm Embree:

BE IT RESOLVED that the above tax rates be subject to approval by the Minister of Service Nova Scotia and Municipal Relations to allow the Municipality to finance the Municipality’s portion of the 2006/07 operating deficit of the Joint Services Board in equal parts over fiscal 2007/08 and 2008/09..
- MOTION CARRIED

Councillor Raymond Davis and Councillor John Roscoe voted against this motion.

4. MOTION: CAPITAL BUDGET

On a Motion of Councillor Raymond Davis and Councillor ArdithVanBuskirk:

BE IT RESOLVED that staff be directed to prepare reports for the Capital Budget on the Industrial Park, Municipal Building and Sandy Point Servicing.
- MOTION CARRIED

5. MOTION: FOREST TAX RATE

On a Motion of Councillor Raymond Davis and Councillor Terry McIntyre:

BE IT RESOLVED that the Forest Tax Rate be set at $0.25 per acre for acreage designated as resource and $0.40 per acre for acreage designated as commercial.
- MOTION CARRIED

Council were advised that commercial rate is for property 50,000 acres or more and that resource rate is property less than 50,000 acres.

6. MOTION: TAX BILLING DUE DATE

On a Motion of Councillor Raymond Davis and Deputy Warden Pat Nickerson:

BE IT RESOLVED that the due date for the final tax billing be October 31, 2007.
- MOTION CARRIED

7. MOTION: INTERIM TAX BILLING DATES

On a Motion of Councillor Raymond Davis and Deputy Warden Pat Nickerson:

BE IT RESOLVED that an interim tax bill be sent for fiscal 2008/09 being 50% of the previous years total tax bill with the due date of the interim tax bill being April 30, 2008.
- MOTION CARRIED

Interim tax bills will be sent out March 15, 2008.

8. MOTION: LITTLE HARBOUR AND AREA FIRE SERVICES

On a Motion of Councillor Sherm Embree and Councillor Terry McIntyre:

BE IT RESOLVED that the area rate for Little Harbour and Area Fire Services be reconfirmed at $0.10 per $100 of assessment for those properties serviced by the Little Harbour Fire Department.
- MOTION CARRIED

9. MOTION: INTEREST RATE ON TAXES OUTSTANDING

On a Motion of Councillor Sherm Embree and Councillor John Roscoe:

BE IT RESOLVED that the interest rate on taxes outstanding continue at 14% per annum calculated monthly.
- MOTION CARRIED

10. MOTION: GROSS OPERATING BUDGET

On a Motion of Councillor Raymond Davis and Councillor Terry McIntyre:

BE IT RESOLVED that the Gross Operating Budget be set at $4,834,656.
- MOTION CARRIED

Councillors noted that all major expenditures will come to Council for approval and that the finance department will continue to review its operations to ensure that it is kept within budget.

Councillor Ardith VanBuskirk took this opportunity to thank staff for their hard work and dedication and this was reiterated by other Councillors.

11. MOTION: PUBLIC SEWER BY-LAW #24- AMENDMENT

On a Motion of Councillor Raymond Davis and Councillor Terry McIntyre:

BE IT RESOLVED that Part 7, Section 38, the seventh and eighth lines thereof, be amended by striking out the words and numbers “two hundred dollars ($200.00)” and substituting the following words and numbers “two hundred sixty dollars ($260.00)”.
- MOTION CARRIED

This change reflects the Municipality’s intent for cost recovery.

12. MOTION: PUBLIC SEWER BY-LAW #24- FIRST READING

On a Motion of Councillor John Roscoe and Councillor Terry McIntyre:

BE IT RESOLVED that first reading of the amendment to Part 7, Item 38 of the Sewer By-Law #24, Public Sewer be given.
- MOTION CARRIED

13. MOTION: RESERVE BUDGET

On a Motion of Councillor Raymond Davis and Deputy Warden Pat Nickerson:

BE IT RESOLVED that the Reserve Budget as tabled in May, 2007 be approved.
- MOTION CARRIED

Discussion was held regarding the many sessions that took place on this years budget and it was felt that Council had come up with a budget that could be justified.

10.(c)

Action List - Discussion was held regarding Councillors recieving a copy of the Action List for Council, Committee of the Whole and APS. Deputy Warden Nickerson and Councillor Embree stated they would like to receive a copy of this list on a monthly basis. It was agreed that if any other Councillor wished to receive a copy that they contact the Municipal Clerk.

12. NOTICE OF MOTIONS:

None

13. COMMITTEE REPORTS:

None

14. INFORMATION AND OTHER REPORTS

(a) Ratification from APS Meeting
(i) Welshtown and Ohio – Garbage Pick- up
(ii) Designation of Road Name – Lakers Lane
(iii) Shelburne Area Industrial Commission

– Nomination of Business Person and Councillor

(iv) Reconsideration and Rescinding of Motion – Shelburne Place

(b) Monthly Building Report (June, 2007) – Staff Report
(c) Municipality of the County of Richmond – CRTC Guidelines

14. (a)(i) MOTION: WELSHTOWN AND OHIO GARBAGE PICK UP

On a Motion of Councillor Terry McIntyre and Councillor Sherm Embree:

BE IT RESOLVED that the Council of the Municipality of the District of Shelburne allot $240.00 from the District Grant Fund #4 to pick up weekly garbage rather than organics for July and August, 2007 in Ohio and Welshtown.
- MOTION CARRIED

Councillor McIntyre stated that there are approximately 150 additional people in this area during the summer months.

Deputy Warden Nickerson stated she feels there needs to be more education of residents in order to deal with this issue. Council were advised that the Waste Diversion Co-ordinator is re-evaluating waste collection in all of the Municipal Districts.

14. (a) (ii) MOTION: DESIGNATION OF ROAD NAME LAKERS LANE

On a Motion of Councillor Terry McIntyre and Councillor Ardith VanBuskirk:

BE IT RESOLVED that the Council of the Municipality of the District of Shelburne name the road “Lakers Lane” on the western side of Courtney Lake, as requested.
- MOTION CARRIED

14. (a) (iii) MOTION: SHELBURNE AREA INDUSTRIAL COMMISSION

NOMINATION OF BUSINESS PERSON & COUNCILLOR

On a Motion of Councillor Terry McIntyre and Councillor Sherm Embree:

BE IT RESOLVED that the Council of the Municipality of the District of Shelburne nominate the following to the Shelburne Area Industrial Commission:

Business Person
- Ben Pooley
- Alternate - Peter Partington

Councillor
- Councillor Terry McIntyre
- Alternate - Councillor Raymond Davis
- MOTION CARRIED

It was agreed that acceptance letters be sent to Mr. Pooley and Mr. Partington and thank you letters be sent to the other applicants who had submitted expressions of interest. This thank you letter will also ascertain their interest in serving on the RCMP Advisory Board.

14. (a) (iv)

Discussion was held regarding the process for reconsideration and rescinding of a motion and in particular the motion made in May, 2007 on Shelburne Place. Question was raised as to why this was being discussed again as it was stated in public meetings that this matter was removed from the capital budget for this year.

A number of Councillors agreed that it was necessary to have an amendment to the Proceedings of Council Policy to clearly stated when a motion would be reconsidered.

MOTION: PROCEEDING OF COUNCIL POLICY - AMENDMENT

On a Motion of Deputy Warden Pat Nickerson and Councillor Sherm Embree:

BE IT RESOLVED that the following amendment be made to the Proceedings of Council Policy:

Rescision of Motion

A rescission of motion requires 2/3 votes of Coucil on any item requested to be rescinded. An item can only be rescinded if no action has been taken on this original motion.

MOTION: RECONSIDERATION AND RESCINDING OF MOTION – SHELBURNE PLACE

On a Motion of Councillor Raymond Davis and Deputy Warden Pat Nickerson:

BE IT RESOLVED that Council rescind the motion on Shelburne Place to remove it from the capital budget.
- MOTION DEFEATED

Councillor Davis requested that the Director of Finance review the 2006/07 actual costs on the Court House and Administration Building.

14. (b) The monthly Building Report was reviewed.

14. (c) MOTION: CRTC GUIDELINES

On a Motion of Councillor Terry McIntrye and Councillor Sherm Embree:

BE IT RESOLVED that the Council of the Municipality of the District of Shelburne support the Municipality of the County of Richmond’s resolution with respect to CRTC Guidelines by sending a support letter to that Municipality and copying it to the Minister.
- MOTION CARRIED

14. (d)

Foreign Direct Investment Project – Discussion was held with respect to a request from the South West Shore Development Authority regarding a Foreign Direct Investment Project for 2006/07 in the requested amount of $2,500. This project is to bring Foreign Investors into the area and Councillors questioned its value to the Municipality.

MOTION : FOREIGN DIRECT INVESTMENT PROJECT 2006/07

On a Motion of Councillor Raymond Davis and Deputy Warden Pat Nickerson:

BE IT RESOLVED that the Municipality of the District of Shelburne pay its share into the Foreign Direct Investment Project in the amount of $2,500.
- MOTION TABLED

It was agreed that the CAO contact Mr. Frank Anderson, CEO, SWSDA to obtain a staff report on this matter.

15. ADDED ITEMS:

As included in the minutes.

16. “IN CAMERA” MOTIONS:

None

17. ADJOURNMENT:

On a Motion of Councillor Terry McIntyre:
BE IT RESOLVED that there being no further business the meeting be adjourned at 8:30 pm.
- MOTION CARRIED

Hours of Operation
Monday to Friday
9:00am to 4:30pm

• • •

Address
136 Hammond St.
P.O. Box 280
Shelburne, NS
B0T 1W0

• • •

Office Location

Main floor of the Municipal Administration Building,
136 Hammond Street, Shelburne, N.S.

• • •

Telephone
(902) 875-3544
(902) 875-3083

• • •

Fax
(902) 875-1278