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REGULAR SESSION OF THE 48TH COUNCILOF THE

MUNICIPALITY OF THE DISTRICT OF SHELBURNE

October 22, 2007

The Regular Session of the 48th Council of the Municipality of the District of Shelburne was held on Monday, October 22, 2007 commencing at 7:00 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 and press

1. CALL TO ORDER:

The Regular Session of Council was called to order at 7:16 p.m.

2. BLESSING:

Deputy Warden Pat Nickerson led Council in repeating the Lord's Prayer.

3. PROCLAMATIONS:

None

4. APPROVAL OF MINUTES:

On a Motion of Councillor Terry McIntyre and Councillor Raymond Davis:
BE IT RESOLVED that the Minutes of September 24, 2007 be approved.

- MOTION CARRIED

5. APPROVAL OF AGENDA:

On a Motion of Councillor Raymond Davis and Councillor John Roscoe:
BE IT RESOLVED that the Agenda for October 22, 2007 be approved with additions.

- MOTION CARRIED

6. PRESENTATIONS:

(a) Gary Rose - Long Service Award (20 Years)

6. (a)

Warden Paulette Scott presented Gary Rose, Sewage Treatment Plant Operator, with the Long Service Award for 20 years of Service.

Council thanked Mr. Rose for his dedication and hard work over the years and Mr. Rose stated that he was proud to be a part of a great team.

7. BUSINESS ARISING FROM THE MINUTES:

(a) RCMP Advisory Board (Added Item)

7. (a)

Councillor Sherm Embree requested an update on the RCMP Advisory Board. The Clerk advised that three Community Members have shown interest in serving on the Board. Councillor Ardith VanBuskirk, Deputy Warden Pat Nickerson and Warden Paulette Scott all stated they would like to be members of the Board. The Clerk stated that all information will be contained in a Staff Report which will be presented at a future meeting.

8. MOTION OF RE-CONSIDERATION:

None

9. PUBLIC HEARING:

None

10. STAFF REPORTS:

  1. Shelburne County Arena - Capital Upgrade Update
  2. Loyalist Landing 2008 Event - “A Celebration to Remember”
  3. Recreation & Parks Advisory Committee - Terms of Reference
  4. Barrington Ground Search & Rescue
  5. Travel Expense Report (Form)
  6. Development Grant - South West Shore Development Authority
  7. Three Year Capital Plan - Gas Tax Funding
  8. Collection of Deed Transfer Tax
  9. Computer Network & Security
  10. Service to Air Compressors for Fire Departments
  11. Foreign Direct Investment Program

10. (a) MOTION: SHELBURNE COUNTY ARENA - CAPITAL UPGRADE

On a Motion of Councillor Raymond Davis and Councillor John Roscoe:

BE IT RESOLVED that the Council of the Municipality of the District of Shelburne accept the Staff Report regarding Shelburne County Arena - Capital Upgrade, which states that:

  • The Director of Recreation and Parks work with the Shelburne County Arena Board to develop and implement a fundraising plan to support the needs of the arena capital improvement project; and

  • The Director of Recreation and Parks prepare an Intermunicipal Agreement between the Town of Shelburne and Municipality of the District of Shelburne regarding the funding requirements of the Shelburne County Arena; and

  • The Director of Recreation and Parks prepare a Contract Service Agreement between the Town of Shelburne and Municipality of the District of Shelburne and the Shelburne County Arena Board; and

  • Both the Intermunicipal Agreement and the Contract Service Agreement be subject to Council approval.

  • - MOTION CARRIED

Discussion was held regarding the implications on the budget, other contributions to funding and funding received for similar projects in different areas.

MOTION: SHELBURNE COUNTY ARENA - CAPITAL UPGRADE LETTER FOR FUNDING

On a Motion of Councillor Raymond Davis and Councillor John Roscoe:

BE IT RESOLVED that the Council of the Municipality of the District of Shelburne write a letter to Gerald Keddy, MP requesting ACOA fund one third of the Shelburne County Arena Capital Upgrades in the amount of $117,000.00 .

- MOTION CARRIED

10. (b) MOTION: LOYALIST LANDING 2008 EVENT “A CELEBRATION TO REMEMBER” - REQUEST FOR FUNDING SUPPORT

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

BE IT RESOLVED that the Council of the Municipality of the District of Shelburne accept the Staff Report regarding Loyalist Landing 2008 Event “A Celebration to Remember” - Request for Funding Support, which states that:

  • The Municipality of the District of Shelburne contact the Loyalist Landing 2008 Society to inform them that it will match funding that the Town of Shelburne provides up to a maximum of $10,000.00 - $5,000.00 out of the 2007/08 budget and with up to $5,000.00 out of the 2008/09 budget with funding matched on the basis of cash contributions and in kind support; and

  • The Municipality of the District of Shelburne provide funding and in kind support by sponsoring an event(s) preferably one during July 2008, the central piece of the year long celebration, and taking place in the Municipality; and

  • The Municipality of the District of Shelburne request that their support of the event be recognized in promotional material, on the LLO8 website, and that a banner provided by the Municipality be displayed in a prominent location during the sponsored event(s); and

  • The Municipality of the District of Shelburne add a link on their website to the LLO8 website: www.LoyalistsatShelburne.com and request that LLO8 provide a link to our website: www.municipalityofshelburne.ca; and

  • The Municipality of the District of Shelburne provide a Letter of Support that can be used to send to potential sponsors; and

  • The Director of Recreation and Parks provide a list of events to be included in the 2008/09 LLO8 Agenda Book fundraiser.

    - MOTION CARRIED
Councillor John Roscoe voted against this motion.

Councillor Raymond Davis added that the Municipality should contribute $10,000.00 regardless of the Town’s contribution.

10. (c) MOTION: RECREATION AND PARKS ADVISORY COMMITTEE TERMS OF REFERENCE

On a Motion of Councillor Raymond Davis and Councillor Sherm Embree:

BE IT RESOLVED that the Council of the Municipality of the District of Shelburne accept the Staff Report regarding Recreation and Parks Advisory Committee - Terms of Reference, which states that:

  • Council approve the attached “Municipality of the District of Shelburne Recreation and Parks Advisory Committee Terms of Reference”.

- MOTION CARRIED

10. (d) MOTION: BARRINGTON GROUND SEARCH AND RESCUE

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

BE IT RESOLVED that the Council of the Municipality of the District of Shelburne accept the Staff Report regarding Barrington Ground Search and Rescue, which states that:

  • Council approve a payment of $5,361.05 to the Barrington Ground Search and Rescue team and $3,900.00 to the Municipality of Barrington with funds in the amount of $6,900.00 to come from account 0022490200 and the remaining $2,361.05 to come from account 0021243300.


    - MOTION CARRIED

10. (e)

This item was deferred to the next APS Meeting.

10. (f) MOTION: DEVELOPMENT GRANT - SOUTH WEST SHORE DEVELOPMENT AUTHORITY

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

BE IT RESOLVED that the Council of the Municipality of the District of Shelburne accept the Staff Report regarding Development Grant - South West Shore Development Authority, which states that:

  • Council approve a payment to the South West Shore Development Authority in respect to the marketing incurred for the former CFS Shelburne Military Base property and promotional costs of the MDS generally in the amount of $62,366.04 with funds available from account 0026610100 and 0021210901.

- MOTION CARRIED

Councillors Embree, McIntyre, and Roscoe voted against this motion.

Discussion was held regarding the use of this funding, reasons for the increase and ensuring accountability.

It was clarified that these funds are designated to market the Base property more heavily and minimize its operating costs.

The CAO stated that this is a challenge to SWSDA to market the property and if Council is not happy with the results, Council may request that SWSDA provide pertinent information on its marketing strategy.

MOTION: STAFF REPORT - DEVELOPMENT GRANT - SWSDA

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 request a more in depth Staff Report regarding Development Grant - SWSDA, and specifically the topics in discussion (reason for increase, how to ensure accountability, relationship of funds from other units, relation to tax rebate, how much in total is spent on SWSDA, overlapping of funds, minimizing base operating costs and marketing proceedures).

- MOTION CARRIED

Councillor Raymond Davis voted against this motion.

10. (g) MOTION: THREE YEAR CAPITAL PLAN - GAS TAX FUNDING

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 accept the Staff Report regarding Three year Capital Plan - Gas Tax Funding, which states that:

  • Council approve the attached three year capital plan for gas tax funding.

- MOTION CARRIED

Councillors McIntyre, Roscoe and Davis voted against this motion.

Discussion was held regarding financial planning, deadlines, possible uses, eligible projects and restrictive programs.

Councillors’ input was discussed as well as staff’s plan and ‘wish list’ for these monies.

MOTION: AMENDMENT TO THREE YEAR CAPITAL PLAN - GAS TAX FUNDING MOTION

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

BE IT RESOLVED that the Council of the Municipality of the District of Shelburne amend the Staff Report regarding Three year Capital Plan - Gas Tax Funding, by removing the portion related to the wheelchair accessible van.

- MOTION DEFEATED

Discussion was held regarding bringing items like the above to APS or COW Meetings for better discussion, as well as other projects including the preservation of Roseway Beach.

The Director of Finance advised that a plan needs to be provided to Service Nova Scotia and Municipal Relations by the end of the month or the funding could be lost. He also clarified that there are two separate plans, a three year and a five year plan.

Deputy Warden Nickerson discussed Roseway Manor’s intentions of creating an outreach program for Seniors who are not eligible for nursing home or hospital care. She stated that Council should consider the Gas Tax Funding for Seniors transportation from this program.

Councillor Davis stated that if Roseway Manor wanted to implement this program that it was their business not ours.

It was again clarified that these are discussion items and Council will not be committed to follow through with all items in the plan.

Coastal management, greening, sustainable communities, transportation to after school programs for children and services to residents were all discussed.

It was agreed that $50,000.00 under capacity building for coastal management - professional help for planning be included.

Warden Paulette Scott stated that Council needs to come up with ways to provide services to the residents it serves and that the options discussed are suggested ways to do so.

10. (h) MOTION: COLLECTION OF DEED TRANSFER TAX

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

BE IT RESOLVED that the Council of the Municipality of the District of Shelburne accept the Staff Report regarding Collection of Deed Transfer Tax, which states that:

  • The Municipality of the District of Shelburne enter into an agreement with the Province of Nova Scotia whereby the Province collect the deed transfer tax on behalf of the Municipality; and

  • The Warden and Municipal Clerk be directed to execute the Municipal/Provincial agreement; and

  • The Director of Finance be directed to write to the Minister of Service Nova Scotia asking for approval for Service Nova Scotia to collect the deed transfer tax.

    - MOTION CARRIED

10. (i) MOTION: COMPUTER NETWORK AND SECURITY

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

BE IT RESOLVED that the Council of the Municipality of the District of Shelburne accept the Staff Report regarding Computer Network and Security, which states that:

  • Council approve the acquisition of a new network server and printer at a cost of $4,469.98 plus tax.

- MOTION CARRIED

Discussion was held regarding the need to develop a purchase and tendering policy and staff advised that they are currently working on this.

10. (j) MOTION: SERVICE TO AIR COMPRESSORS FOR FIRE DEPARTMENTS

On a Motion of Councillor Raymond Davis and Councillor Sherm Embree:

BE IT RESOLVED that the Council of the Municipality of the District of Shelburne accept the Staff Report regarding Service to Air Compressors for Fire Departments, which states that:

  • The budget for Compressor Repairs be increased by $500.00 with funds available from account number 0021210901, Other General Expense.

- MOTION CARRIED

Discussion was held regarding the price for repairs and services to compressors, as well as old service agreements and Council were advised that the request was received from the Municipality’s Fire Chiefs Meeting. A staff report was requested to advise on how the compressors and funding are being used.

10. (k) MOTION: FOREIGN DIRECT INVESTMENT

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

BE IT RESOLVED that the Council of the Municipality of the District of Shelburne accept the Staff Report regarding Foreign Direct Investment Program, which states that:

  • Council authorize a contribution in the amount of $2,500.00 to the Foreign Direct Investment Program with funds to come from account 0021243300, Allowance for Losses on Appeals.

- MOTION CARRIED

Councillors Roscoe and McIntyre voted against this motion.

Discussion was held regarding accountability and the use of the Industrial Commission in this matter.

11. MEMBERS OF COUNCIL:

(a) Deputy Warden Nickerson - District Grant Fund #1
 
  • St. Matthew’s United Church Hall ($500.00)
   
(b) Councillor Terry McIntyre - District Grant Fund #4
 
  • Hope Wesleyan Church ($1,000.00)
   
(c) Councillor Sherm Embree - District Grant Fund #7
 
  • First Ragged Island Baptist Church ($200.00)
  • All 4 One Graphics - Signage (up to a maximum of $400.00)
   
(d) Warden Scott - District Grant Fund #6
 
  • First Ragged Island Baptist Church ($300.00)
   
(e) Councillor Embree - Street Light Request
   
(f) Warden Scott - Legal Matters

11. MOTION: DISTRICT GRANT FUNDS

On a Motion of Councillor John Roscoe and Councillor Raymond Davis:

BE IT RESOLVED that the Council of the Municipality of the District of Shelburne provide the following grants; monies to come from the designated District Grant Funds:

  1. Grant in the amount of $500.00 to the St. Matthew’s United Church Hall, c/o Charles Perry, for window repairs; monies to come from District Grant Fund #1; and

  2. Grant in the amount of $1,000.00 to the Hope Wesleyan Church, c/o Marilyn McNeil, for gravel and leveling of the parking lot; monies to come from District Grant Fund #4; and

  3. A maximum of $400.00 to All 4 One Graphics & Consulting for two advertising signs in District #7 - “No Engine Brakes Please”(recommended by the Committee of the Whole for ratification); monies to come from District Grant Fund #7; and

  4. Grant in the amount of $200.00 to the First Ragged Island Baptist Church, c/o Madrine Enslow, for maintenance and repairs; monies to come from District Grant Fund #7; and

  5. Grant in the amount of $300.00 to the First Ragged Island Baptist Church, c/o Weldon Atkinson, for maintenance and repairs; monies to come from District Grant Fund #6; and

  6. Grant in the amount of $500.00 to the Black Loyalist Heritage Society, c/o Jackie Race, towards the cost of an oil furnace for the museum; monies to come from District Grant Fund #2.

    - MOTION CARRIED
Discussion was held regarding the need to bring District Grant Fund items to Council for approval or whether to list them on the financial summaries only. It was suggested that a policy may be required for the same.

11. (e) MOTION: STREET LIGHT

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

BE IT RESOLVED that on the recommendation of the Committee of the Whole and in accordance with the Municipality of the District of Shelburne’s Street Lighting Policy, the Municipality of the District of Shelburne request Nova Scotia Power to relocate a streetlight from one pole to another in District #7; associated costs to come from District Grant Fund #7.

- MOTION CARRIED

11. (f) MOTION: LEGAL MATTERS

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

BE IT RESOLVED that on the recommendation of the Committee of the Whole, the Council of the Municipality of the District of Shelburne retain the firm of Cox & Palmer to advance or respond to any legal matters arising from the Municipality’s involvement in respect tot he former Base and Youth Centre properties; and

THAT the firm Cox & Palmer receive its direction from Council.

- MOTION CARRIED

It was noted that SWSDA is represented by a different law firm.

12. NOTICE OF MOTIONS:

None

13. COMMITTEE REPORTS:

None

14. INFORMATION & OTHER REPORTS:

(a) Monthly Building Report (September 2007) - Staff Report
(b) Kids Fair Play FUNd - Application Review
(c) Premier Rodney MacDonald - Offshore Accord

14. (a) MOTION: MONTHLY BUILDING REPORT

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

BE IT RESOLVED that the Municipality of the District of Shelburne accept the Monthly Building Report for September 2007.

- MOTION CARRIED

14. (b) MOTION: KIDS FAIR PLAY FUND - APPLICATION REVIEW

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

  • BE IT RESOLVED that the Municipality of the District of Shelburne approve and reatify the recommendation of the Kids Fair Play FUNd Committee as contained in their Minutes of September 24, 2007.

    - MOTION CARRIED

15. ADDED ITEMS:

(a) Councillor VanBuskirk - District Grant Fund #2
 
  • Black Loyalist Heritage Society ($500.00)
   
(b) Councillor VanBuskirk - Heritage Meeting
 
  • Kevin Barrett, NS Department of Tourism & Culture
  • Tuesday, November 20, 2007 at 6:30 pm
   
(c) Deputy Warden Nickerson - UNSM - Wetlands
   
(d) Councillor Embree - Heritage Information

15. (a)

Councillor VanBuskirk invited Council to the Heritage Meeting of November 20, 2007 where Kevin Barrett, Project Co-ordinator for Nova Scotia Tourism and Culture will be making a presentation.

15. (b)

Deputy Warden Nickerson spoke to Council regarding subdividing lands in Nova Scotia and the related letter received from Walt MacDonald Real Estate stating that wetlands will require an environmental assessment. Deputy Warden Nickerson will make a motion at the UNSM Conference requesting more information on this matter. Councillor Roscoe would like to staff to look into this matter further as well. The CAO advised that he has been looking into this matter.

15. (c)

Councillor Embree reminded Council of the Sable River Book Launch and the designation of the Heritage Property for Sable River Community Hall to be held on October 28 at 1:00 pm.

There will be an Open House at Roseway Manor on October 23, 2007 from 2:00 - 4:00 pm.

Warden Scott updated Council on the Recreation Conference she attended at Digby Pines. She described the conference as uplifting, energetic and enthusiastic. Discussion was held regarding Heart & Stroke, active transportation, and smart, healthy lifestyles.

16. “IN CAMERA” MOTIONS:

None

17. MOTION: ADJOURNMENT

On a Motion of Councillor Raymond Davis and 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