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REGULAR SESSION OF THE 48TH COUNCIL OF
THE MUNICIPALITY OF THE DISTRICT OF SHELBURNE
November 26, 2007
The Regular Session of the 48th Council of the Municipality of the District of Shelburne was held on Monday, November 26, 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 Terry McIntyre
- Warden Paulette Scott
- Councillor Sherm Embree
- Deputy Warden Pat Nickerson
- Councillor John Roscoe
- Reg Ridgley, CAO
- Dwayne Carey, Director of Finance
- Penny Smith, Municipal Clerk
- Erin Hartley, Recording Secretary
ALSO IN ATTENDANCE:
Members of the public
Marilyn Johnston, Director of Recreation & Parks
1. CALL TO ORDER:
The Regular Session of Council was called to order at 6:00 p.m.
2. BLESSING:
Councillor Ardith VanBuskirk 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 October 22, 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 following additions:
- Ridge Hiltz/Ralston MacDonnell - Subdivision of Bowood lands (Information Only)
- Councillor VanBuskirk - Shelburne County Achieves and Geneological Society
- MOTION CARRIED
Councillor McIntyre voted against this motion.
6. PRESENTATIONS:
None.
7. BUSINESS ARISING FROM THE MINUTES
(a) Progress Report - Computer Network
7. (a)
Councillor VanBuskirk requested an update as to the computer network installed in the office. The Director of Finance informed Council that the new server was installed, the computers have been relocated for safety and confidentiality and the process is running smoothly.
Discussion was held regarding how the Business Arising section of the agenda should be used. Further discussion will take place at the next APS meeting.
8. MOTION OF RE-CONSIDERATION:
None.
9. PUBLIC HEARING:
None.
10. STAFF REPORTS:
(a) RCMP Advisory Committee - Representatives
(b) Municipal Grants to Organizations 2007/08
(c) Signing Officers and Cheque Signing Policy
(d) Beulah Burman Memorial Animal Shelter Society
(e) Development Grant - River Hills Golf and Country Club
(f) Museums and Tourism Grants
(g) St. Peter’s Anglican Church Hall, West Green Harbour
(h) Release of Indenture of Agreement - C. Isabelle Acker
(i) Travel Expense Form
10. (a)
MOTION: RCMP ADVISORY COMMITTEE - REPRESENTATIVES
On a Motion of Councillor Terry McIntyre and Councillor Raymond Davis:
BE IT RESOLVED that the Municipality of the District of Shelburne accept the staff report regarding RCMP Advisory Committee - Representatives, which states:
- The Council of the Municipality of the District of Shelburne appoint the following as members of the RCMP Advisory Board, subject to appropriate security clearances:
- Council Appointment Citizen Appointment
- Warden Paulette Scott Elizabeth Pooley
- Deputy Warden Pat Nickerson David Meyer
- Councillor Ardith VanBuskirk William Butler
- MOTION CARRIED
10. (b)
MOTION: MUNICIPAL GRANTS TO ORGANIZATIONS 2007/08
On a Motion of Councillor Sherm Embree and Deputy Warden Pat Nickerson:
BE IT RESOLVED that the Municipality of the District of Shelburne accept the staff report regarding Municipal Grants to Organizations 2007/08, which states:
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(1) Council support the work of community volunteer organizations by approving the recommendations of the Grants Committee in the amount of $28,610.00 as per the attached schedules A- Community Support, B- Recreation and Parks, C - Heritage, D - Tourism Promotion & Development, and E - Community Capital with funds available from account # 0021950791 Fiscal Services and account # 0027120791 Recreation & Parks;
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Council retain the remaining $8,890.00 ($1,150.00 in account # 0027120791 Recreation and Parks and $7,740.00 in account # 0021950791 Fiscal Services) for any additional grant requests during 2007/08;
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Council allow the remaining $8,890.00 Grant funds available in account # 0021950791 Fiscal Services and account # 0027120791 Recreation and Parks to be used for Museum and Tourism activities should there be need;
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Council direct the ad hoc Grants Committee to amend the Grants Policy and Application Form and prepare a Staff Report with the amended Grants Policy and Application attached for Council review and approval.
- MOTION CARRIED
Discussion was held regarding using the Grants Policy and application form to process requests for Museums and Tourism and it was felt that the section should be dealt with completely separate from the Grants application.
MOTION: MUNICIPAL GRANTS TO ORGANIZATIONS 2007/08 - AMENDMENT
On a Motion of Councillor Raymond Davis and Deputy Warden Pat Nickerson:
BE IT RESOLVED that the Municipality of the District of Shelburne remove the line from the Staff Report regarding Municipal Grants to Organizations 2007/08, which states:
- MOTION CARRIED
10. (c)
MOTION: SIGNING OFFICERS AND CHEQUE SIGNING POLICY
On a Motion of Councillor Raymond Davis and Deputy Warden Pat Nickerson:
BE IT RESOLVED that the Municipality of the District of Shelburne accept the staff report regarding Signing Officers and Cheque Signing Policy, which states:
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The signing officers be the Warden, Deputy Warden, one Councillor, the Chief Administrative Officer, the Municipal Clerk and the Treasurer;
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Two signatures be required on all cheques with the normal requirements being that all cheques be signed by one elected representative and one staff member;
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The Primary cheque signing officers be the Warden and Treasurer;
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The attached cheque signing policy be adopted.
- MOTION CARRIED
Councillor McIntyre voted against this motion, stating that the CAO should not have authority to sign up to $10,000.00 in case of emergency.
10. (d)
MOTION: BEULAH BURMAN MEMORIAL ANIMAL SHELTER SOCIETY
On a Motion of Deputy Warden Pat Nickerson and Councillor Raymond Davis:
BE IT RESOLVED that the Municipality of the District of Shelburne accept the staff report regarding Beulah Burman Memorial Animal Shelter Society, which states:
- Council approve a grant in the amount of $1,550.00 to the BBMASS and that the funds be retained to reduce the outstanding taxes for fiscal year 2005-06 on their property in Sandy Point.
- MOTION CARRIE
10. (e)
MOTION: DEVELOPMENT GRANT - SOUTH WEST SHORE DEVELOPMENT AUTHORITY ( RIVER HILLS GOLF & COUNTRY CLUB)
On a Motion of Councillor Raymond Davis and Councillor Terry McIntyre:
BE IT RESOLVED that the Municipality of the District of Shelburne accept the staff report regarding Development Grant - South West Shore Development Authority (River Hills Golf & Country Club), which states:
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Council provide a grant to SWSDA for the River Hills Golf & Country Club in the amount of $10,000.00, subject to providing Council with evidence of the current promotional material being provided by each.
- MOTION CARRIED
Deputy Warden Nickerson declared a conflict of interest on the following motion and removed herself from the table.
10. (f)
MOTION: MUSEUM & TOURISM GRANTS
On a Motion of Councillor Sherm Embree and Deputy Warden Pat Nickerson:
BE IT RESOLVED that the Municipality of the District of Shelburne accept the staff report regarding Museum & Tourism Grants, which states:
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Council award a grant in the amount of $3,426.00 to Destination South West Nova Scotia supporting its role in being the main publication for Municipal Tourism operators;
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Council award a grant in the amount of $1,000.00 to the Black Loyalist Heritage Society in support of its operations, the only Museum within the boundaries of the Municipality;
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Council award a grant in the amount of $2,500.00 to the Town of Shelburne Tourist Bureau in recognition as it being the location of a central depository and distribution centre for all Tourism operators within the Municipality;
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Council award a grant in the amount of $3,304.00 to Discover Shelburne County in support of a targeted event(s) which shall be chosen in discussion with the Association;
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Council award a grant in the amount of $3,218.00 to the Lockeport Loop Steering Committee with funds to be directed to the addition of benches, picnic tables or interpretive signage along the three Municipal walking trails accessed from the Loop;
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Council award a grant in the amount of $3,218.00 to support the operations of the Shelburne Museum Complex and its contribution as a source of reference to visitors as evidenced by the letters of support from tourism operators within the Municipality;
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Council award a supplementary grant in the amount of $2,000.00 to the Black Loyalist Heritage Society directed to the acquisition of a central heating system with funds available from the Grants to Organizations account # 0021950791.
- MOTION CARRIED
Warden Scott asked Council if there were any changes they would like made due to the letters
received from Timothy Gillespie. Council advised there were none.
Deputy Warden Pat Nickerson rejoined the meeting.
Deputy Warden Pat Nickerson assumed the chair.
10. (g)
MOTION: ST. PETER’S ANGLICAN CHURCH HALL, WEST GREEN HARBOUR- TABLED MOTION
On a Motion of Councillor Raymond Davis and Warden Paulette Scott:
BE IT RESOLVED that the motion be tabled to accept the staff report regarding the St. Peter’s Anglican Church Hall, West Green Harbour, until March 1, 2008, which states:
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The Municipality of the District of Shelburne indicate its desire to reacquire the property identified as PID # 81024571 and known as the St. Peter’s Anglican Church Hall, West Green Harbour for $1.00 subject to an environmental assessment with the cost of the assessment being born by the Municipality;
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Upon transfer to the Municipality of the District of Shelburne, that the property identified as PID # 81024571 (St. Peter’s Property) be tendered for sale;
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The property identified as PID # 80124589 (Municipal Property) be tendered for sale at the same time as the property identified as PID # 8102457 (St. Peter’s Property);
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Upon sale, 50% of the net proceeds of the property identified as PID # 81024571 (St. Peter’s Property) be held by the Municipality In Trust for the maintenance and up keep of the St. Peter’s Anglican Church Cemetery.
- MOTION TABLED
Councillor McIntyre voted against this motion.
Warden Scott notified Council that she had been approached by the community members to take over the church hall. The church will be deconsecrated in January 2008 and will have no owner, therefore it is suggested that the Municipality reacquire it.
Discussion was held regarding these types of issues being discussed at COW or APS Meetings prior to having to make a motion on it at Council. The CAO reminded Councillors that this item had previously been discussed at an “In Camera” Meeting.
Warden Paulette Scott assumed the chair.
Councillor Davis declared a conflict of interest on the following motion and removed himself from the table.
10. (h)
MOTION: RELEASE OF INDENTURE OF AGREEMENT - C. ISABELLE ACKER
On a Motion of Councillor Ardith VanBuskirk and Deputy Warden Pat Nickerson:
BE IT RESOLVED that the Municipality of the District of Shelburne accept the staff report regarding Release of Indenture of Agreement - C. Isabelle Acker, which states:
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Council authorize the Warden and Municipal Clerk to execute the Release of Indenture of Agreement in favour of C. Isabelle Acker as attached hereto.
- MOTION CARRIED
Councillor McIntyre voted against this motion.
Again, it was stated that these issues should be discussed at COW or APS Meetings before coming to Council. The CAO advised that it was necessary for staff to expedite this matter due to the pending sale of the property. The staff report included at pertinent information including correspondence from Nova Scotia Environment and Labour, Review by QP1 Inspector and the Draft Release of Indenture of Agreement.
Councillor Raymond Davis rejoined the meeting.
10. (i)
MOTION: TRAVEL EXPENSE FORM
On a Motion of Councillor Raymond Davis and Councillor Ardith VanBuskirk:
BE IT RESOLVED that the Municipality of the District of Shelburne accept the new Travel Expense Form.
- MOTION CARRIED
The Clerk advised Council that the provincial mileage rate has changed and that there will be a retro active payment to April 1, 2007.
11. MEMBERS OF COUNCIL:
| (a) |
Councillor Ardith VanBuskirk - District Grant Fund #2
- St. Paul’s UCW - |
$500.00 |
| (b) |
Councillor Sherm Embree - District Grant Fund #7
- Relocation of Street Light from #1347 West Middle Sable Road to #1439 McLean’s Lake Road |
$480.83 Advance |
11. (a)
MOTION: DISTRICT GRANT FUND #2 / ST. PAUL’S UCW
On a Motion of Councillor Ardith VanBuskirk and Councillor Raymond Davis:
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 #2:
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Grant in the amount of $500.00 to the St. Paul’s UCW, c/o Linda Rennehan, toward the cost of repairs to the church hall.
- MOTION CARRIE
11. (b)
MOTION: DISTRICT GRANT FUND #7 / STREET LIGHT
On a Motion of Councillor Sherm Embree and Councillor Terry McIntyre:
BE IT RESOLVED that the Council of the Municipality of the District of Shelburne pay an advance of $480.83 to Nova Scotia Power for the cost to relocate a street light from #1347 West Middle Sable Road to #1439 McLean’s Lake Road and to remove the existing area light at #1439 McLean’s Lake Road; monies to come from the District Grant Fund #7:
- MOTION CARRIED
Councillor Davis voted against this motion.
Discussion was held regarding fairness to tax payers, precedents and uses of the District Grant Funds.
Councillor VanBuskirk took this opportunity to update Council of the Heritage Meeting with Kevin Barrett, Coordinator, Nova Scotia Department of Tourism, Culture and Heritage. She stated she was disappointed with the turnout and that it was an extremely informative presentation and suggested that Mr. Barrett meet with Council directly to discuss options available to Historic homeowners and potential applicants.
12. NOTICE OF MOTIONS:
None
13. COMMITTEE REPORTS:
None
14. INFORMATION & OTHER REPORTS:
(a) Monthly Building Report ( October, 2007) - Staff Report
(b) Next Council Meeting - Monday, December 17, 2007
14. (a)
The Monthly Building Report for October, 2007 was reviewed by Council. It was noted that the increase in construction value is due to the Town of Shelburne’s Water Plant which is located in the Municipality. It was also added that there are new homes being built in the Municipality.
14. (b)
It was agreed that the next Council Meeting will be held on Monday, December 17, 2007, due to the Christmas Holidays.
15. ADDED ITEMS:
(a) Shelburne County Archives and Genealogical Society
(b) Subdivision Planning and Assumption of Roads- Bowood (Information Session)
15. (a)
Councillor VanBuskirk advised Council that the Shelburne County Archives and Genealogical Society requires a letter of support from the Municipality to assist in obtaining a grant which is available to them.
MOTION: LETTER OF SUPPORT - SHELBURNE COUNTY ARCHIVES AND GENEALOGICAL SOCIETY
On a Motion of Councillor Raymond Davis and Councillor Ardith VanBuskirk:
BE IT RESOLVED that the Municipality of the District of Shelburne write a letter of support to Shelburne County Archives and Genealogical Society to support their application to Community Historical Anniversary Program Building Communities Through Arts and Heritage in their grant application.
- MOTION CARRIED
15. (b)
Ridge Hiltz, Development Officer for the Municipality of Shelburne made a presentation to Council regarding the subdivision of lands at Bowood as well as the requested take over of roads by the Municipality within that site.
The CAO advised that this item is for information only and no decision has to made at this time.
Mr. Hiltz began his presentation by stating that there are two distinct parts of the application made by Bowood, the first is the subdivision of lots and the second is the Municipal acquisition of roads. He reviewed a map of the site and pointed out the potential changes.
Councillor McIntyre advised that he did not wish to participate in this discussion and left the meeting at 6:50 pm.
Discussion was held regarding the state of the roads, NS Department of Transportation requirements for J Class Roads, previous discussions regarding private roads, sewer maintenance, and benefits of having numerous land owners at that site including increased tax base.
A question was raised regarding the Municipality’s requirements under the Subdivision Act as to the assumption of private roads. This issue will be researched and information will be distributed to Council.
Councillor McIntyre advised that he wished to return to the table and rejoined the meeting at 7:04 pm.
Discussion was held regarding the timeline for this project and application approval process. Council agreed that there are too many unanswered questions at this time and a staff report is required before any decisions are made.
Ralston MacDonnell arrived at 7:17 pm.
Mr. MacDonnell stated that this subdivision is the next step in moving toward integrating Bowood into the Municipality. He added that he would like Bowood to be public and have residents travel throughout; this would most easily be done by the Municipality acquiring the roads.
Further discussion was held in relation to road standards, maintenance costs and services available to the subdivided lots.
Economic Development and the future of the Municipality were discussed along with setting precedents for acquiring private roads.
Mr. MacDonnell completed his presentation by stating that his long term vision of Bowood is that it become an integrated part of the community with residential and commercial growth. He added that the public has been misinformed regarding the mass selling of the site, assuring Council that this is not the case.
Mr. Hiltz and Mr. MacDonnell agreed that the application required further discussion and that they would be back in touch with Council at a future date. They were thanked for their presentation and left the meeting.
16. “IN CAMERA” MOTIONS:
None
17. ADJOURNMENT:
On a Motion of Deputy Warden Pat Nickerson:
BE IT RESOLVED that there being no further business the meeting be adjourned at 7:50 pm.
- MOTION CARRIED
Council held an “In Camera” Session from 8:00 pm -9:00 pm to discuss a litigation issue.
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