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REGULAR SESSION OF THE 48TH COUNCIL
OF THE MUNICIPALITY OF THE DISTRICT OF SHELBURNE
September 24, 2007
The Regular Session of the 48th Council of the Municipality of the District of Shelburne was held on Monday, September 24, 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
- Reg Ridgley, CAO
- Dwayne Carey, Director of Finance
- Penny Smith, Municipal Clerk
- Erin Hartley, Recording Secretary
REGRETS:
Councillor John Roscoe
ALSO IN ATTENDANCE:
Members of the public and press Members of the public and press
- Marilyn Johnston, Director of Recreation & Parks
- Heidi Wagner, Administrator - Joint Services Board
1. CALL TO ORDER:
The Regular Session of Council was called to order at 6:15 p.m.
2. BLESSING:
Councillor Sherm Embree led Council in repeating the Lord's Prayer.
3. PROCLAMATIONS:
None
10. STAFF REPORTS:
- Proceedings of Council Policy - Amendment
- Townsend Property - Order to Remedy
- Support Our Troops - Parade & Rally
- Audited Financial Statements
- Administrative Assistant to Building Inspector
- Municipal Bins Policy
- Sandy Point Lighthouse Restoration and Interpretive Project
- Sandy Point Lighthouse Restoration - Fundraising
- Supply and Install Contact Chamber Baffles & V-Notch Weir
- Shelburne & Area Lock-Up Facility
- Loan Guarantees - Fire Departments
- 2006/07 Sewer Charge
10. (a)
MOTION: PROCEEDINGS OF COUNCIL POLICY - AMENDMENT
On a Motion of Councillor Sherm Embree and Councillor Raymond Davis:
BE IT RESOLVED that the Municipality of the District of Shelburne accept the staff report regarding Proceedings of Council Policy - Amendment, which states:
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Council approve the amendment to the Proceedings of Council Policy respecting recision of motions as set out in Section 28 of the Policy.
- MOTION CARRIED
10. (b)
The public was given the opportunity to speak to this matter.
MOTION: TOWNSEND PROPERTY - ORDER TO REMEDY
On a Motion of Councillor Terry McIntyre and Councillor Ardith VanBuskirk:
BE IT RESOLVED that the Municipality of the District of Shelburne accept the staff report regarding Dangerous and Unsightly Premises - Roger and Pauline Townsend - Lake Road, which states:
- Whereas Roger and Pauline Townsend have not complied with the Order to Remedy dated May 4, 2007, that the vessel located on the property be demolished and disposed of; and
- That the work be carried out by Lenny’s Auto Centre at a total cost of $778.62; the cost of so doing would then become a lien against the property.
- MOTION CARRIED
4. APPROVAL OF MINUTES:
On a Motion of Councillor Ardith VanBuskirk and Councillor Terry McIntyre:
BE IT RESOLVED that the Minutes of July 23, 2007 be approved with the following changes:
- Page 5 - Change “offers” to “offs”; - Page 10 - Change “hand” to “hard”.
- MOTION CARRIED
5. APPROVAL OF AGENDA
On a Motion of Councillor Terry McIntyre 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
- RCMP Advisory Board - Citizen Appointments - Verbal
- Compensation to Veterans
7. (a)
The Clerk advised Council that thank you letters were sent to the applicants who were not chosen to be on the Shelburne Area Industrial Commission, asking if they would be interested in serving on the RCMP Advisory Board.
Discussion was held regarding the number of Councillors and community members needed on the Committee. It was agreed that Elizabeth Pooly and David Meyer, two of the applicants, be contacted. It was also mentioned that there may be an interested community member in Councillor McIntyre’s District, he will be contacted and the results will be communicated to the Clerk. The Clerk also requested that any interested Councillors submit their name to her.
7. (b)
No information has been received on Compensation to Veterans at this time, it will be revisited at a future date.
8. MOTION OF RE-CONSIDERATION:
None.
10. (c)
MOTION: SUPPORT OUR TROOPS - PARADE & RALLY
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 Support Our Troops - Parade & Rally, which states:
- Council endorse the Support Our Troops - Parade & Rally, with a Council representative participating in the event; and
- Two “Welcome Troops” signs (4'x 6') be purchased from Cyber Geek Computer Solutions at a total cost of $120.00 plus tax; one sign to be placed at the Clyde River Bridge, the other in Granite Village.
- MOTION CARRIED
It was questioned if there is a need for permission from the Department of Transportation to post the signage. Councillors were asked to participate in the Parade & Rally.
9. PUBLIC HEARING:
A. |
Public Sewer By-Law #24 Second and Final Reading |
6:30 pm |
B. |
Recommendation for Registration of a Heritage Property
- St.Peter’s By-The-Sea Community Church Hall |
7:00 pm |
C. |
Recommendation for Registration of a Heritage Property
- St. Peter’s By-The-Sea Community Church |
7:15 pm |
9. (a) MOTION: ENTER PUBLIC HEARING
On a Motion of Councillor Sherm Embree and Councillor Raymond Davis:
BE IT RESOLVED that Council enter a public hearing.
- MOTION CARRIED
The Clerk advised that the first reading of the Public Sewer By-Law #24 was held on July 23, 2007, to amend the sewer charge from $200.00 to $260.00. No members of the public spoke on behalf of the By-Law.
MOTION: CEASE PUBLIC HEARING
On a Motion of Councillor Sherm Embree and Councillor Terry McIntyre:
BE IT RESOLVED that Council cease the public hearing.
- MOTION CARRIED
MOTION: PUBLIC SEWER BY-LAW #24 SECOND AND FINAL READING
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 give second and final reading of the Public Sewer By-Law #24, which includes the following amendment:
That Part 7, Section 38, the seventh and eight 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
10. (d)
MOTION: AUDITED FINANCIAL STATEMENTS
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 Audited Financial Statments, which states:
- The audited financial statements for the year ended March 31, 2007 be approved as presented;
- The Warden and the Director of Finance be authorized to sign the Statement of Financial Position;
- The General Operating Fund Surplus of $138,635.00 be transferred to the Operating Reserve Fund.
- MOTION CARRIED
Councillor Embree thanked staff for their hard work on this matter.
The Director of Finance confirmed that the Internal Control Findings still apply to 2007 as well as 2006, and requires staff action as time and resources permit.
10. (e)
MOTION: BUILDING INSPECTION ADMINISTRATIVE ASSISTANT POSITION
On a Motion of Councillor Ardith VanBuskirk and Councillor Raymond Davis:
BE IT RESOLVED that the Municipality of the District of Shelburne accept the staff report regarding Building Inspection Administrative Assistant Position, which states:
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That Council recognize the position of Administrative Assistant to the Building Inspector as a permanent full time unionized position with the Collective Agreement and the operations of services currently administered by the Joint Services Board.
- MOTION CARRIED
Councillor Terry McIntyre voted against this motion.
10. (f)
MOTION: MUNICIPAL BINS 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 Municipal Bins Policy, which states:
- Council adopt the Municipal Bins Policy.
- MOTION CARRIED
10. (g)
MOTION: SANDY POINT LIGHTHOUSE RESTORATION AND INTERPRETIVE PROJECT
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 the Sandy Point Lighthouse Restoration and Interpretive Project, which states:
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The Municipality of the District of Shelburne commit to providing a grant in the toatal amount of $10,000.00, payable over three years in equal installments of $3,333.00, with the first years funding provided from the Museum and Tourism account subject to and based upon the funding formula as detailed in the staff report. - MOTION CARRIED
Discussion was held regarding alternatives for funding, proportions of funding from other sources, importance of this infrastructure to Tourism in Shelburne County, the community groups fundraising and hard work.
Joan Bower, SWSDA, stated that this is an emergency situation and that this work needs to be complete before the beginning of lobster season and that the Lighthouse probably won’t last through the winter if no work is done.
10. (h)
MOTION: SANDY POINT LIGHTHOUSE RESTORATION FUND RAISING
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 Sandy Point Lighthouse Restoration - Fund Raising, which states:
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Council authorize staff to accept donations on behalf of the Sandy Point Lighthouse Restoration Project with all funds received forwarded to the Sandy Point Recreation Group to be used solely for the restoration of the Light House.
- MOTION CARRIED
Discussion was held regarding similar situations, the MGA regulations and the ability to do the same for other organizations.
10. (i)
MOTION: SUPPLY AND INSTALL CONTACT CHAMBER BAFFLES & V-NOTCH WEIR
On a Motion of Councillor Raymond Davis and Councillor Ardith VanBuskirk:
BE IT RESOLVED that the Municipality of the District of Shelburne accept the staff report regarding Supply and Install Contact Chamber Baffles & V-Notch Weir, which states:
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The contract to supply and install the contact chamber be awarded to Lou Acker Machining and Repairs at a cost of $7,900.00 plus HST.
- MOTION CARRIED
10. (j)
MOTION: LOCK-UP FACILITY
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 Lock-Up Facility, which states:
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That the Joint Services Board be requested to operate the Lock - Up Facility on a full cost recovery basis.
- MOTION CARRIED
Discussion was held regarding cost recovery, creating employment, providing services, debt and the Municipality of Shelburne being the only lock-up facility in Atlantic Canada which is run by the municipal unit.
It was suggested that full cost recovery should be reviewed annually and that the RCMP Contract be reviewed to ensure full cost recovery.
9. (b)
MOTION: ENTER PUBLIC HEARING
On a Motion of Councillor Sherm Embree and Councillor Raymond Davis:
BE IT RESOLVED that Council enter a public hearing.
- MOTION CARRIED
The Clerk advised that notice was sent to the owner of St. Peter’s By-The-Sea Community Church Hall, formerly St. Peters Anglican Church Hall, stating the Municipality’s intent to register it as a Heritage Property.
MOTION: CEASE PUBLIC HEARING
On a Motion of Councillor Sherm Embree and Councillor Terry McIntyre:
BE IT RESOLVED that Council cease the public hearing.
- MOTION CARRIED
MOTION: REGISTRATION OF A HERITAGE PROPERTY
ST. PETER’S BY -THE-SEA COMMUNITY CHURCH HALL
On a Motion of Councillor Raymond Davis and Deputy Warden Pat Nickerson:
WHEREAS the Heritage Advisory Committee of the Municipality of the District of Shelburne have recommended that the St. Peter’s By-The-Sea Community Church Hall, located at #1107, Sandy Point Road, 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 August 24, 2007 and a copy of the Notice was recorded in the Registry of Deeds on August 27, 2007 as Document #88674248; 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 St. Peter’s By-The- Sea Community Church Hall, located at #1107, Sandy Point Road, 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. (k)
MOTION: LOAN GUARANTEES - FIRE DEPARTMENTS
On a Motion of Councillor Terry McIntyre and Councillor Ardith VanBuskirk:
BE IT RESOLVED that the Municipality of the District of Shelburne accept the staff report regarding Loan Guarantees - Fire Departments, which states:
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Council reconfirm approval of a guarantee of two loans to the Ingomar-Roseway Fire Association in the original amounts of $61,514.00 and $61,067.00;
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Council reconfirm approval of the guarantee of a loan to the Ohio Fire Association in the original amount of $35, 277.00;
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Council authorize the Warden and Municipal Clerk to execute the loan guarantee documents required for Ministerial approval;
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Council authorize the Warden and Municipal Clerk to execute the loan guarantee documents required by the Canadian Imperial Bank of Commerce.
- MOTION CARRIED
10. (l)
Discussion was held regarding the sewer charge of $260.00 for 2006/07, the Sewer By-Law including properties which are enhanced by the availability of the sewer service but do not utilize it, as well as MGA requirements. MOTION: 2006/07 SEWER CHARGE 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 2006/07 Sewer Charge, which states:
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An amount of $60.00 be refunded to those properties levied the sewer charge for 2006/07 as follows:
- For those properties which have made full payment on the 2006/07 tax billing a payment be made to the registered owner at the time;
- For those properties which have not made full payment on the 2006/07 tax billing, a credit, or portion thereof, be applied to the amount outstanding.
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That funding for the refund be provided out of the Reserve Funds-Operating Reserve Fund account.
- MOTION CARRIED
Councillor Terry McIntyre voted against this motion and requested that the Sewer By-Law be reviewed.
9. (a)
MOTION: ENTER PUBLIC HEARING
On a Motion of Councillor Terry McIntyre and Councillor Raymond Davis:
BE IT RESOLVED that Council enter a public hearing.
- MOTION CARRIED
The Clerk advised that notice was sent to the owner of St. Peter’s By-The-Sea Community Church, formerly St. Peter’s Anglican Church, stating the Municipality’s intent to register it as a Heritage Property.
MOTION: CEASE PUBLIC HEARING
On a Motion of Councillor Raymond Davis and Councillor Terry McIntyre:
BE IT RESOLVED that Council cease the public hearing.
- MOTION CARRIED
MOTION: REGISTRATION OF A HERITAGE PROPERTY
ST. PETER’S BY -THE-SEA COMMUNITY CHURCH
On a Motion of Councillor Raymond Davis and Deputy Warden Pat Nickerson:
WHEREAS the Heritage Advisory Committee of the Municipality of the District of Shelburne have recommended that the St. Peter’s By-The-Sea Community Church, located at #1175, Sandy Point Road, 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 August 24, 2007 and a copy of the Notice was recorded in the Registry of Deeds on August 27, 2007 as Document #88674057; 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 St. Peter’s By-The- Sea Community Church, located at #1175, Sandy Point Road, Shelburne County, NS, as a Municipal Heritage Property and that the said registration be recorded in the Municipal Registry of Heritage Property.
- MOTION CARRIED
11. MEMBERS OF COUNCIL:
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Councillor VanBuskirk- District Grant Fund #2
- St. Paul’s United Church- $1,000.00
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Councillor Embree- District Grant Fund #7
- Allendale Cemetery - $200.00
- Little Harbour Woodlawn Cemetery - $200.00
- Little Harbour Old Cemetery - $125.00
- Osborne Cemetery Association - $200.00
- Louis Head Baptist Church - $200.00
- Louis Head & Pride Cemeteries - $200.00
- Lockeport & Area Medical First Responders - $400.00
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Warden Scott - West Green Harbour Wharf - Letter of Support
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Deputy Warden Nickerson - Library Conference - Attendance
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Warden Scott - Presentation by Resident
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Councillor Davis - Lighthouse Heritage Bill - Letter of Support
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Deputy Warden Nickerson - Loyalist Landing 2008 - Date Book
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Warden Scott - District Grant Fund #6 - Williams’ Cemetery - Added Item
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Deputy Warden Nickerson - LBANS - Conference Report - Added Item
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Councillor McIntyre - Indian Fields - Added Item
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Councillor Davis - District Grant Fund #3 - Added Item
11. (a)
MOTION: DISTRICT GRANT FUND #2 ST. PAUL’S UNITED CHURCH
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:
- Grant in the amount of $1,000.00 to the St. Paul’s United Church, c/o Laura Perry, for assistance in painting the church building.
- MOTION CARRIE
11. (b)
MOTION: DISTRICT GRANT FUND #7 VARIOUS
On a Motion of Councillor Sherm Embree 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 District Grant Fund #7:
- Grant in the amount of $200.00 to the Allendale Cemetery for upkeep and maintenance (c/o Mary Jean Foote);
- Grant in the amount of $200.00 to the Little Harbour Woodlawn Cemetery for upkeep and maintenance (c/o Chester Freeman);
- Grant in the amount of $125.00 to the Little Harbour Old Cemetery for upkeep and maintenance (c/o Chester Freeman);
- Grant in the amount of $200.00 to the Osborne Cemetery Association for upkeep and maintenance (c/o W. S. Atkinson);
- Grant in the amount of $200.00 to the Louis Head Baptist Church for survey and deed work (c/o Ann Burtt);
- Grant in the amount of $200.00 to the Louis Head & Pride Cemeteries for gravestone work (c/o Ed Burtt); and
- Grant in the amount of $400.00 to the Lockeport & Area Medical First Responders (c/o Anna Chetwynd).
- MOTION CARRIED
11. (c)
MOTION: WEST GREEN HARBOUR HARBOUR AUTHORITY - LETTER OF SUPPORT
On a Motion of Councillor Raymond Davis and Deputy Warden Pat Nickerson:
BE IT RESOLVED that on the recommendation of the Committee of the Whole, the Council of the Municipality of the District of Shelburne provide a Letter of Support to the West Green Harbour Harbour Authority with respect to upgrades to the wharf facilities.
- MOTION CARRIED
11. (d)
MOTION: LIBRARY CONFERENCE - ATTENDANCE
On a Motion of Councillor Sherm Embree and Councillor Raymond Davis:
BE IT RESOLVED that on the recommendation of the Committee of the Whole, the Council of the Municipality of the District of Shelburne authorize the Deputy Warden to attend the Library Conference (Library Board Association of Nova Scotia), being held in Antigonish on September 21-23, 2007.
- MOTION CARRIED
11. (e)
Discussion was held regarding Howard Roszel, Councillor and Resident of the Town of Lockeport and member of the Joint Services Board making a presentation to Council.
Councillor Embree stated that Council should be open to opinions and this presentation may provide valuable information.
MOTION: HOWARD ROSZEL PRESENTATION
On a Motion of Deputy Warden Pat Nickerson and Councillor Terry McIntyre:
BE IT RESOLVED that the Municipality of the District of Shelburne allow Mr. Howard Roszel, a resident of the Town of Lockeport, to address Council with a presentation.
- MOTION CARRIED
It was agreed that Warden Scott contact Mr. Roszel and inform him of Council’s decision.
11. (f)
Councillor Davis advised Council of the Lighthouse Heritage Bill and the push to preserve heritage lighthouses for future generations.
MOTION: LIGHTHOUSE HERITAGE - LETTER OF SUPPORT
On a Motion of Councillor Raymond Davis and Councillor Ardith VanBuskirk:
BE IT RESOLVED that the Municipality of the District of Shelburne send a letter of support for the Lighthouse Heritage Bill to MP Gerald Keddy.
- MOTION CARRIED
11. (g)
Deputy Warden Nickerson informed Council that the Loyalist Landing 2008 Committee is putting together a date book as a fundraiser and would like input on important event dates.
Marilyn Johnston, Director of Recreation and Parks advised that she met with members of that Committee and is preparing a staff report for the next Committee of the Whole Meeting. All Councillors and Staff were encouraged to speak with her regarding any events to be included in the date book.
11. (h)
MOTION: DISTRICT GRANT FUND #6 WILLIAMS’ CEMETERY
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 provide the following grant; monies to come from the District Grant Fund #6:
- Grant in the amount of $200.00 to Williams’ Cemetery, c/o Sylvia Cameron, for cemetery repairs.
- MOTION CARRIED
11. (i)
Deputy Warden Nickerson gave a report regarding her attendance at the Library Conference including the Adopt a Library Literacy Program, where the RCMP and Libraries work together to promote literacy. Councillor McIntyre stated that he would approach the RCMP Advisory Board with this issue and Deputy Warden Nickerson would speak with Sergeant Barry MacLellan.
11. (j)
Councillor McIntyre informed Council that in consultation with NS Power residents in Indian Fields will soon have power. Councillor McIntyre spoke with the MLA as well as NS Power, who are confident that power could be installed this spring. He confirmed that this service would be free to all but two of the nine residents.
Discussion was held regarding the distance to Black Bull and McKay’s Lake, who also require this service.
11. (k)
MOTION: DISTRICT GRANT FUND #3VARIOUS
On a Motion of Councillor Raymond Davis and Councillor Ardith VanBuskirk:
BE IT RESOLVED that the Municipality of the District of Shelburne provide the following grants; monies to come from the District Grant Fund #3:
- Grant in the amount of $750.00 to the Jordan Ferry Union Church;
- Grant in the amount of $750.00 to the St. Peter’s By-The-Sea Community Church;
- Grant in the amount of $750.00 to the Jordan Bay Community Hall;
- Grant in the amount of $750.00 to the Sandy Point Community Centre;
- Grant in the amount of $250.00 to the Buchanan Cemetery;
- Grant in the amount of $250.00 to the Upper Sandy Point Cemetery;
- Grant in the amount of $250.00 to the Dall Cemetery;
- Grant in the amount of $250.00 to the Oceanview Cemetery;
- MOTION CARRIED
12. NOTICE OF MOTIONS:
None
13. COMMITTEE REPORTS:
None
14. INFORMATION & OTHER REPORTS:
- Monthly Building Report ( July & August, 2007) - Staff Report
- UNSM Conference - Attendance
- UNSM Rural Caucus - Mandate & Objectives
14. (a)
The Monthly Building Report for July and August, 2007 was reviewed by Council.
14. (b)
MOTION: UNSM CONFERENCE - ATTENDANCE
On a Motion of Councillor Raymond Davis and Deputy Warden Pat Nickerson:
BE IT RESOLVED that on the recommendation of the Committee of the Whole, the Council of the Municipality of the District of Shelburne give permission to the Councillors and Senior Staff who want to attend the UNSM Fall Conference.
- MOTION CARRIED
Discussion was held regarding voting, carpooling, etc.
14. (c)
Discussion was held regarding who should be in attendance at the UNSM Rural Caucus, as well as who has the ability to vote. It was suggested that the Warden and Deputy Warden should attend to show interest and importance. Discussion was also held with respect to networking, ‘bigger issues’ as well as the need for a travel policy.
15. ADDED ITEMS:
As noted in the Minutes.
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 8:04 pm.
- MOTION CARRIED
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