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February 25, 2008

The Regular Session of the 48th Council of the Municipality of the District of Shelburne was held on Monday, February 25, 2008 commencing at 6:00 p.m. in the Council Chambers of the Municipal Administration Building, Shelburne, Nova Scotia.

THOSE IN ATTENDANCE WERE:

  • Warden Paulette Scott
  • Deputy Warden Pat Nickerson
  • Councillor Ardith VanBuskirk
  • Councillor Raymond Davis
  • Councillor Terry McIntyre
  • Councillor Sherm Embree
  • Councillor John Roscoe
  • Reg Ridgley, CAO
  • Dwayne Carey, Director of Finance
  • Erin Hartley, Acting Clerk/Recording Secretary
  • Kirk Cox, CAO Designate
  • Heidi Wagner, Administrator
  • Donald Bower, EMO Co-ordinator

ALSO IN ATTENDANCE:

Members of the public

1. CALL TO ORDER:

The Regular Session of Council was called to order at 6:01 p.m.

2. BLESSING:

Councillor John Roscoe 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 Council Minutes of January 28, 2008 be approved as circulated.

- MOTION CARRIED

APPROVAL OF MINUTES:

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

BE IT RESOLVED that the “In Camera” Minutes of February 12, 2008 be approved as circulated, noting that CAO Designate, Kirk Cox, was in attendance.

- MOTION CARRIED

5. ADDITION TO AGENDA:

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

BE IT RESOLVED that the Agenda the following item be added to the agenda:

- Councillor VanBuskirk – Tourism Officer, Meeting Results

- MOTION CARRIED

APPROVAL OF AGENDA:

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

BE IT RESOLVED that the Agenda of February 25, 2008 be approved with the above noted addition.

- MOTION CARRIED

Councillor McIntyre requested that Council write a letter of support for Cooke Aquaculture to assist them in applying for their new license. He added that many organizations and businesses in the area have already done so.

Warden Scott noted that Council agreed to a process of presentations and discussions in relation to the fish farm and that the public input session has not yet taken place. She advised that after that session is held a decision can be made.

It was noted that the public input session regarding the Shelburne Fish Farm will be held on Monday, March 10, 2008 at 6:15 pm at the regularly scheduled Committee of the Whole Meeting.

Councillor McIntyre stated that the APS Meeting conflicts with the Shelburne County Industrial Commission Meeting on Wednesday, February 27, 2008. Warden Scott noted that which meeting he attends is a personal choice, adding that the Committees of Council Meetings are scheduled for the entire year on the same day each month to avoid confusion.

6. PRESENTATIONS:

None

7. BUSINESS ARISING FROM THE MINUTES

(a) NS Department of Tourism & Culture (Presentation) - Verbal

7. (a)

Erin Hartley, Customer Service Representative for the Clerk’s Office advised Council that at the request of Councillor VanBuskirk, Kevin Barrett, NS Department of Tourism & Culture has been invited to make a presentation to Council regarding Heritage issues at the April 14, 2008 Committee of the Whole Meeting.

8. MOTION OF RE-CONSIDERATION:

None.

9. PUBLIC HEARING:

None.

10. STAFF REPORTS:

(a) Annual Renewal of Banking Services
(b) Inter Municipal Emergency Services Agreement
(c) Shelburne County East Emergency Management Organization (SCEEMO)- Budget
(d) District Grant Fund Expenditure Policy
(e) Private Road Names in Sandy Point (Bowood)
(f) Municipal Elections
(g) Fire Services Agreement – Town of Lockeport
(h) Shared Services – Letter from Town of Lockeport

10. (a)

MOTION: ANNUAL RENEWAL OF BANKING SERVICES

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 Annual Renewal of Banking Services, which states that Council:

(1)
Approve a resolution to authorize a temporary operating line of credit in the amount of $1,500,000.00; and
(2)
Authorize the Warden and the Municipal Clerk to sign the required documentation on behalf of the Municipality of the District of Shelburne.

- MOTION CARRIED

It was noted that services are usually tendered, but were not for this particular item due to time constraints. The Director of Finance noted the proper processes will be taken for next years banking services. He added that this line of credit is to bridge finances only.

10. (b)

MOTION: INTER MUNICIPAL EMERGENCY SERVICES AGREEMENT

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

BE IT RESOLVED that the Municipality of the District of Shelburne accept the staff report regarding Inter Municipal Emergency Services Agreement, which states that Council:

(1)
Adopt the Inter Municipal Emergency Services Agreement attached hereto and authorize the Warden and Chief Administrative Officer to sign the Agreement;
(2)
Direct Staff to make the necessary amendments to the Municipality’s “Emergency Measures By-Law”; and
(3)
Upon successful execution of the Inter Municipal Emergency Services Agreement repeal the Joint Emergency Measures Organization Agreement dated August 27, 1999.

- MOTION CARRIED

Council thanked Donald Bower and Councillor Roscoe for their hard work on this project.

10. (c)

MOTION: SHELBURNE COUNTY EAST EMERGENCY MEASURES ORGANIZATION (SCEEMO)

On a Motion of Councillor John Roscoe and Councillor Ardith VanBuskirk:

BE IT RESOLVED that the Municipality of the District of Shelburne accept the staff report regarding Shelburne County East Emergency Measures Organization (SCEEMO), which states that Council:

(1)
Pre-approve the 2008/09 Budget of the SCEEMO in the gross amount of $13,000.00 and place an amount of $8,530.00 in the 2008/09 operating budget for the Municipality of the District of Shelburne being its portion of the funding requirements for SCEEMO for 2008/09.

- MOTION CARRIED

It was noted the budget pre-approvals are exceptions, normally all funding requests are considered during the budget discussions.

10. (d)

MOTION: DISTRICT GRANT FUND EXPENDITURE POLICY

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 District Grant Fund Expenditure Policy, which states that Council:

(1) Adopt the attached policy pertaining to the disbursement of funds from the District Grant Fund.

- MOTION CARRIED

10. (e)

MOTION: PRIVATE ROAD NAMES IN SANDY POINT (BOWOOD)

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 Private Road Names in Sandy Point, which states that Council:

(1) Approve the naming of the following private roads and streets within the Bowood complex:
• Mayflower Road
• Clover Street
• Aster Street
• Lupin Street
• Cranberry Crescent

- MOTION CARRIED

It was noted that these names have been reviewed by Council in the past.

10. (f)

MOTION: MUNICIPAL ELECTIONS 2008

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 Municipal Elections 2008, which states that:

(1)
Kimberley Ringer be hired as the Returning Officer for the Municipality’s 2008 Municipal Elections;
(2)

Compensation be set as follows:

Returning Officer $6,500.00 plus mileage
Deputy Returning Officers $175.00
Poll Clerks $150.00
Polling Stations $150.00

(3)
The Municipality use the List of Electors from the 2006 Provincial Election; and
(4)
The Municipality include a question regarding street lighting in the Municipality, such question to be presented to Council after consultation with Service Nova Scotia and Municipal Relations and the Municipal Solicitor.

- MOTION AMENDED

Discussion was held regarding advertising for the position of Returning Officer, compensation, problems with the last election roll, e-voting and the job description of the Clerk.

It was noted that staff felt an existing temporary employee within the Municipality is well suited and qualified for this position and that the Clerk’s workload for this year does not permit the time required to fill the position of Returning Officer. It was added that the duties of Returning Officer will remain in her job description, but for this year could supervise and manage the sourced employees.

Discussion was held regarding the need for a street lighting question in the Municipal Election. Councillor McIntyre stated that most lights are efficient sodium lights. Councillor Davis noted that the carbon tax target showing decreasing emissions is required and street lighting is an efficient way to do that. Councillor VanBuskirk added that the residents should decide what they want to do about street lights and noted that if it is done at the election this year the information can help in setting next years budget.

It was noted that the CAO will clarify the number of employees required for the Municipal Election 2008 and what a possible question and options could be regarding street lighting in an additional staff report.

AMENDMENT TO MOTION: MUNICIPAL ELECTIONS 2008

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

BE IT RESOLVED that an amendment be made to recommendation (4) of the Municipal Elections 2008 Staff Report that the word ‘include’ be deleted and replaced with the word ‘consider’, which would read as follows:

(4)
The Municipality consider a question regarding street lighting in the Municipality, such question to be presented to Council after consultation with Service Nova Scotia and Municipal Relations and the Municipal Solicitor.

- AMENDMENT CARRIED

Warden Scott stated that many other units appear to have a low base tax rate and that street lighting is area rated. She noted that our tax rate is generally all inclusive.

The original motion was carried with amendments.

Councillor McIntyre voted against this motion.

10. (g)

MOTION: FIRE SERVICES AGREEMENT – TOWN OF LOCKEPORT

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

BE IT RESOLVED that the Municipality of the District of Shelburne accept the staff report regarding Fire Services Agreement – Town of Lockeport, which states that Council:

(1)
Authorize the Warden and Chief Administrative Officer to execute the Municipal Fire Service Agreement with the Town of Lockeport, as attached hereto.

- MOTION AMENDED

Discussion was held regarding which services will be provided by the Town of Lockeport.

AMENDMENT TO MOTION: FIRE SERVICES AGREEMENT – TOWN OF LOCKEPORT

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

BE IT RESOLVED that the following phase be added to the Fire Services Agreement –
Town of Lockeport Staff Report:

subject to the Municipality of the District of Shelburne receiving the same services as the Town of Lockeport”

- AMENDMENT CARRIED

Discussion was held regarding having Schedule ‘A’ of the Agreement completed before agreeing to the funding amount. Mutual Aid was also discussed.

AMENDMENT TO MOTION: FIRE SERVICES AGREEMENT – TOWN OF LOCKEPORT

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

BE IT RESOLVED that the following phase be added to the Fire Services Agreement –
Town of Lockeport Staff Report:

“and completion of Schedule ‘A’"

- AMENDMENT CARRIED

The original motion was carried with amendments.

10. (h)

Discussion was held regarding a letter received from Mayor, Darian Huskilson, Town of Lockeport, which contradicted some portions of the Letter of Understanding, leaving Council confused as to what direction to take in Shared Services.

It was noted that two members from the Town of Lockeport signed the Letter of Understanding with a witness present and that a letter of termination has not been received.

The Director of Finance discussed the financial impact of losing the C&D Site and the Town of Lockeport’s involvement in Shared Services, noting that there would be potential savings to the Municipality of approximately $67,000.00 and the Municipality of Barrington could provide the construction and demolition waste disposal on a fee for service basis.

It was stated that the Management Team for Shared Services worked very hard on these issues and any major concerns should have been addressed prior to signing the Letter of Understanding.

MOTION: SHARED SERVICES –LETTER FROM TOWN OF LOCKEPORT

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 to the Town of Lockeport in response to Mayor Huskilson’s letter dated February 15, 2008 to find out if they are still in agreement with the Letter of Understanding or if they would like to opt out, and ask them to respond within 10 business days.

- MOTION AMENDED

Discussion was held regarding timing and upcoming budget sessions.

AMENDMENT TO MOTION: SHARED SERVICES – LETTER FROM TOWN OF LOCKEPORT

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

BE IT RESOLVED that the Shared Services – Letter from Town of Lockeport Motion be
amended to include the following phrase:

is Council to take that (letter) as termination as of March 31, 2009?

- AMENDMENT DEFEATED

Councillors Embree, Roscoe and Davis voted for this motion.

CAO, Reg Ridgley stated that Shared Services should not be in limbo for the next year and these issues need to be resolved, so it can move forward.

AMENDMENT TO MOTION: SHARED SERVICES –LETTER FROM TOWN OF LOCKEPORT

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

BE IT RESOLVED that the original motion be amended to state that the Municipality of the District of Shelburne write a letter to the Town of Lockeport in order to get clarification on letter sent by Mayor Huskilson, dated February 15, 2008.

- AMENDMENT CARRIED

The original motion was carried with the approved amendment.

Councillors Davis, McIntyre and Roscoe voted against this motion.

11. MEMBERS OF COUNCIL:

(a) Warden Scott – CAO – Commencement of Duties, Roles & Responsibilities

11. (a)

MOTION: CAO – COMMENCEMENT OF DUTIES, ROLES & RESPONSIBILITIES

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

BE IT RESOLVED that Kirk Cox assume all of the duties, roles and responsibilities of the position of Chief Administrative Officer (CAO), effective February 26, 2008.

- MOTION CARRIED

12. NOTICE OF MOTIONS:

None

13. COMMITTEE REPORTS:

None

14. INFORMATION & OTHER REPORTS:

(a) Monthly Building Report (January 2008)
(b) Polybrominated Diphenyl Ethers (PBDEs)

14. (a)

Council requested Clarification of the building permit numbers and year to date figures. The CAO will advise at the next meeting.

14. (b)

Council agreed to take no action on this item.

15. ADDED ITEMS:

(a) Tourism Officer

15. (a)

Warden Scott advised that she attended a Discover Shelburne County Tourism Association Meeting where the concept of a Tourism Officer for the County was discussed. She added that Team Shelburne was asked to fund the Tourism Officer and head the project, and that each individual Council were asked to include funding in their budget for this position.

Discussion was held regarding funding from Team Shelburne, litigation issues and contributions from other units.

MOTION: TOURISM OFFICER

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

BE IT RESOLVED that the Municipality of the District of Shelburne request a staff report on funding a Tourism Officer for Shelburne County (per capita) in co-operation with other units.

- MOTION CARRIED

Councillor Embree noted that this action is parallel to action required in many areas including the Industrial Commission for economic development being shared by all units. Councillor McIntyre was asked to discuss this at the next Shelburne County Industrial Commission Meeting.

Councillor McIntyre gave his regrets for the next APS Meeting.

16. “IN CAMERA” MOTIONS:

None

17. ADJOURNMENT:

On a Motion of Councillor John Roscoe:

BE IT RESOLVED that there being no further business the meeting be adjourned at 7:52 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