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REGULAR SESSION OF THE 48TH COUNCIL OF
THE MUNICIPALITY OF THE DISTRICT OF SHELBURNE
January 28, 2008
The Regular Session of the 48th Council of the Municipality of the District of Shelburne was held on Monday, January 28, 2008 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
- Erin Hartley, Recording Secretary
- Kirk Cox, CAO In Training
ALSO IN ATTENDANCE:
Members of the public and press
1. CALL TO ORDER:
The Regular Session of Council was called to order at 6:00 p.m.
2. BLESSING:
Councillor Raymond Davis 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 November 26, 2007 be approved as circulated noting that the motion related to 10(f) was seconded by Councillor McIntyre not Deputy Warden Nickerson.
- MOTION CARRIED
APPROVAL OF MINUTES:
On a Motion of Councillor Raymond Davis and Councillor Terry McIntyre:
BE IT RESOLVED that the Minutes of January 16, 2008 be approved as circulated.
- MOTION CARRIED
5. APPROVAL OF AGENDA:
On a Motion of Councillor Ardith VanBuskirk and Councillor Raymond Davis:
BE IT RESOLVED that the Agenda be approved with the following additions:
- January 16, 2008 Motion - Hiring of CAO - Clarification
- MOTION CARRIED
Deputy Warden Nickerson thanked the CAO for providing a staff member to assist with her duties as Rural Caucus Chairperson.
6. PRESENTATIONS:
| (a) |
Maynard, Bent & Fagan
Chartered Accountants
Re: Audit Service Succession |
6:15 pm |
6. (a)
Brian Bent, Maynard, Bent & Fagan, informed Council that he is changing direction in his professional life and retiring from auditing. He stated that he has been with the Municipality for more than 15 years and added that Council and Staff were great to work with.
Mr. Bent stated that he has researched other auditing and accounting firms and suggested that Paul Richardson at Belliveau Veinotte would be the best match to meet the Municipality’s needs. He noted that Belliveau Veinotte is an HST specialist, they have offices in Shelburne and Bridgewater and that they have worked long term for the Municipality of Lunenburg.
Mr. Bent introduced Paul Richardson to Council and stated that he felt this transition could be seamless. He also noted that the transfer of files should be relatively easy since they share the same computer software. The Director of Finance added that a reference check has been completed for Belliveau Veinotte.
Discussion was held regarding the audit fees over the past few years and the anticipated decrease for next year.
Mr. Bent was thanked for his years of service to the Municipality and was presented a gift from Council.
Mr. Bent and Mr. Richardson were thanked for attending the meeting.
7. BUSINESS ARISING FROM THE MINUTES
(a) January 16, 2008 Motion - Hiring of CAO - Clarification
Councillor VanBuskirk inquired about the promotional material for the Golf Course and the Director of Finance stated that it is complete. She also asked if Mr. Kevin Barrett had been invited to speak to Council regarding Heritage issues, the Clerk will advise at the next meeting.
7. (a)
Discussion was held regarding the terms of the contract for employment for the new CAO. Warden Scott advised that the contract is currently being reviewed by the Municipal Solicitor and once it is signed it will be a public document.
Councillor Embree suggested there may be a need for minor wording changes to the Motion- Hiring of CAO of January 16, 2008, but Council agreed that the original motion should stand. It was also noted that an In Camera Meeting will be held to finalize the date of responsibility transfer and the particulars of the employment contract on February 11, 2008, before the regularly scheduled Committee of the Whole Meeting.
MOTION - HIRING OF CAO:
On a Motion of Councillor Sherm Embree and seconded by Councillor Terry McIntyre:
Recognizing that there is a requirement to ensure an orderly and effective transfer of responsibilities and to ensure the business and service provided by the Municipality to its residents continues uninterrupted:
BE IT RESOLVED that the Municipality of the District of Shelburne ratify the following motion from Council’s Meeting of January 16, 2008:
| a. |
The hiring of Kirk Cox for the position of Municipality of the District of Shelburne CAO; |
| b. |
With an effective date of January 21, 2008; |
| c. |
Under terms of employment agreed at the Search Committee meeting of January 16, 2008 and included in a “letter of offer”, subject to the review by the Municipal Solicitor; |
| d. |
With effective date of CAO responsibility transfer to be before April 1, 2008 as agreed between the candidate, the incumbent CAO and the Municipality of the District of Shelburne Council before February 13, 2008; and |
| e. |
That the incumbent CAO be given notice to vacate the position pursuant to the “Early Termination Date” provisions of the employment agreement effective:
- The date of responsibility transfer agreed at d. above, or
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Some subsequent date before April 1, 2008 as agreed between the candidate, the incumbent CAO and the Municipality of the District of Shelburne Council before February 13, 2008.
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MOTION CARRIED
UNANIMOUSLY
8. PUBLIC HEARING:
None.
9. STAFF REPORTS:
(a) Appointments to Committees
(b) Ocean 4 Incorporated - Land Transfer Request
(c) Dangerous and Unsightly Premises
(d) Reimbursement for Travel Costs for Volunteers
(e) Property Valuation Services Corporation -Shared Services Agreement
(f) Region 6 Solid Waste Management
(g) Community Sustainability Plan
(h) Loan Guarantee - The Jordan Volunteer Fire Department
(i) Street Light Corner of Shore Road and Highway #3
(j) Kids Fair Play FUNd
(k) SWSDA Voluneteer Programs
9. (a)
MOTION: APPOINTMENTS TO COMMITTEES
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 Appointments to Committees,which states:
| (1) |
Effective April 1, 2008, Council adopt the attached Schedule ‘A’ - List of Committees, including: |
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Standing Committees of Council
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Special Committees of Council
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Advisory Boards/Committees of Council
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Advocacy Groups - Associations, Boards and Committees where the Municipality of the District of Shelburne has made contributions or considers to have a financial interest.
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(2) Council appoint a Member(s) of Council to each Committee; and
(3) Council advertise for public participation for those Committees requiring public input.
- MOTION CARRIED
Discussion was held regarding the categories of the Committees including why each were in those sections, in particular Shelburne Founders’ Days being a Committee of Council due to the insurance requirements for the celebrations. Mileage for volunteers, legislated participation and community involvement were also discussed.
Council agreed that this matter should be revisited in the term after the elections have been finalized.
9. (b)
MOTION: OCEAN 4 INCORPORATED - LAND TRANSFER
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 Ocean 4 Incorporated, which states:
| (1) |
Council decline the owners’ request for the Municipality of the District of Shelburne to acquire ownership of the property. |
- MOTION CARRIED
Discussion was held regarding road maintenance, suitability for development, the possibility of acquiring wetlands and access to the shoreline as well as back taxes owing on the property.
Councillor McIntyre stated that the Municipality is not a realtor and should not get into that practice.
9. (c)
MOTION: DANGEROUS AND UNSIGHTLY PREMISES
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 Dangerous and Unsightly Premises- Mr. Frank Decker, which states:
| (1) |
Whereas Mr. Frank Decker has not complied with the Order to Remedy dated October 22, 2007, that the burnt trailer located on the property be demolished and disposed of; and |
| (2) |
That the work be carried out by Swansburg Construction at a total cost of $2,350.00 + HST; the cost of so doing would then become a lien against the property. |
- MOTION CARRIED
The CAO advised that the landowner stated that he was no longer the legal owner, our Solicitor confirmed that he is. Mr. Decker was advised of this meeting but was not in attendance.
Discussion was held regarding how the Municipality gets reimbursed for the costs of demolition and clean up and tax sale proceedures.
9. (d)
MOTION: REIMBURSEMENT FOR TRAVEL COSTS FOR VOLUNTEERS
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 Reimbursement for Travel Costs for Volunteers, which states:
| (1) |
Members of Committees of Council who are volunteers be reimbursed for mileage and costs at the same rate that is paid to Councillors and Staff when travelling on Municipal business. |
- MOTION CARRIED
Councillor Embree noted that this motion relates to public volunteers.
9. (e)
MOTION: PROPERTY VALUATION SERVICES CORPORATION - SHARED SERVICES AGREEMENT
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 Property Valuation Services Corporation - Shared Services Agreement, which states:
| (1) |
Subject to the approval of the Municipal Solicitor, Council authorize the CAO to sign the shared services agreement on behalf of the Municipality of the District of Shelburne. |
- MOTION CARRIED
9. (f)
MOTION: REGION 6 SOLID WASTE MANAGEMENT
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 Region 6 Solid Waste Management, which states:
| (1) |
Council approve the budget for Region 6 Solid Waste Management for fiscal April 1, 2008 to March 31, 2009. |
- MOTION CARRIED
9. (g)
MOTION: COMMUNITY SUSTAINABILITY PLAN
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 Community Sustainability Plan, which states:
| (1) |
Council authorize staff to work with the UNSM Sustainability Coordinator in engaging a consultant or contracted staff to develop an Integrated Community Sustainability Plan for the Municipality of the District of Shelburne. |
- MOTION CARRIED
Discussion was held regarding the availability of qualified professionals to fill the role of Sustainability Coordinator. It was also noted that Peggy Crawford, UNSM Municipal Sustainability Coordinator will be attending the February APS Meeting to discuss Council’s options in moving forward in this matter.
9. (h)
MOTION: LOAN GUARANTEE - THE JORDAN VOLUNTEER FIRE DEPARTMENT
On a Motion of Councillor Terry McIntyre and Deputy Warden Pat Nickerson:
BE IT RESOLVED that the Municipality of the District of Shelburne accept the staff report regarding the Loan Guarantee - The Jordan Volunteer Fire Department, which states:
| (1) |
Council provide a loan guarantee to The Jordan Volunteer Fire Department in the amount of up to $140,000.00 to provide for the purchase of a new fire truck. |
| (2) |
Council authorize the Warden and Municipal Clerk to execute the loan guarantee documents required for Ministerial approval. |
| (3) |
Council authorize the Warden and Municipal Clerk to execute the loan guarantee documents required by the Canadian Imperial Bank of Commerce. |
- MOTION CARRIED
9. (i)
MOTION: STREET LIGHT - CORNER OF SHORE ROAD AND HIGHWAY #3
On a Motion of Councillor Ardith VanBuskirk and Councillor Raymond Davis:
BE IT RESOLVED that the Municipality of the District of Shelburne request that Nova Scotia Power Inc. move a streetlight from a pole near intersection of Shore Road and Highway #3 to the intersection to improve lighting at the intersection, cost to come from District Grant Fund #2.
- MOTION CARRIED
Discussion was held regarding this particular streetlight and intersection being a public concern for safety for all residents and the possibility of the funds to come from the streetlight budget.
Warden Scott added that during budget discussions, streetlights should be revisited. It was noted that at the last Rural Caucus meeting discussion was held regarding greenhouse gas emissions and environmental concerns related to streetlights as well as the need and percentage of tax rate linked to the streetlights. Councillor VanBuskirk requested a staff report regarding the need for streetlights and their environmental damage.
MOTION: STREETLIGHT INQUIRY
On a Motion of Councillor Ardith VanBuskirk and Councillor Raymond Davis:
BE IT RESOLVED that the Municipality of the District of Shelburne gather veiws and opinions of the public regarding the need for streetlights and their environmental effects along with the municipal elections in October, 2008.
- MOTION CARRIED
Councillor McIntyre voted against this motion.
9. (j)
MOTION: KIDS FAIR PLAY FUNd - APPLICATION REVIEW
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 Kids Fair Play FUNd - Application Review, which states:
| (1) |
Council approve the Minutes of December 18, 2007 of the Kids Fair Play FUNd Application Review Commiteee |
- MOTION CARRIED
9. (k)
MOTION: SWSDA VOLUNTEER PROGRAMS
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 SWSDA Volunteer Programs, which states:
| (1) |
Council approve a grant in the amount of $3,035.00 with funds to come from account 0026210150 (RDA Volunteer Programs). |
- MOTION CARRIED
Councillor McIntyre voted against this motion.
Councillor Embree suggested attaching a letter to the cheque which includes the phrase ‘To use as funding for SWSDA Volunteer Programs’.
10. MEMBERS OF COUNCIL:
| (a) |
Warden Scott - Elevator Condition Reports |
| (b) |
Warden Scott - By Law to Protect Children in Cars from Second Hand Smoke |
| (c) |
Warden Scott - Western Counties Regional Library Funding |
| (d) |
Warden Scott - District Grant Fund #6
($200.00 - Farrington Cemetery)
($500.00 - Lockeport & Area Medical First Responders)
($357.72 - St. Peters Anglican Church Hall)
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| (e) |
Deputy Warden Nickerson - District Grant Fund #1
(Cost not to exceed $800.00 - Clyde River Road Sign)
($1,000.00 - Harbour Fire Department)
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| (f) |
Councillor VanBuskirk - District Grant Fund #2
($1,000.00 - Birchtown Community Centre)
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| (g) |
Councillor Embree - Retroactive Mileage (Added Item) |
10. (a)
MOTION: ELEVATOR CONDITION REPORTS
On a Motion of Councillor Terry McIntyre and Councillor Raymond Davis:
BE IT RESOLVED that the Council of the Municipality of the District of Shelburne send a letter of support to the Minister of Environment and Labour on behalf of ThyssenKrupp Elevator (Canada) Limited.
- MOTION CARRIED
Discussion was held regarding the download of services to the private sector and the potential increase in the elevator maintenance budget due to the new Condition Report forms stating that a complete safety inspection must be completed by a two man crew.
10. (b)
Discussion was held regarding the Town of Wolfville passing a by law to protect children in cars from second hand smoke, and whether our unit would consider creating a similar by law or writing a letter of support. Individual rights and responsibilities were discussed as well as enforcement issues, parental control and protection of children.
It was agreed that Council will not follow the Town of Wolfville in creating such a bylaw or writing a letter of support to the Canadian Cancer Society. Council did agree that education to the public is a contributing factor in this issue and that aspect of this matter should be further discussed.
10. (c)
It was noted that this matter had been discussed at a previous meeting.
10. (d)
MOTION: DISTRICT GRANT FUND #6 - VARIOUS
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 grants; monies to come from the District Grant Fund #6:
| (1) |
Grant in the amount of $200.00 to the Farrington Cemetery, for maintenance. |
| (2) |
Grant in the amount of $500.00 to the Lockeport & Area Medical First Responders. |
| (3) |
Grant in the amount of $357.72 to the St. Peters Anglican Church Hall, for furnace oil and electricity. |
- MOTION CARRIED
10. (e)
MOTION: DISTRICT GRANT FUND #1 - VARIOUS
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 grants; monies to come from the District Grant Fund #1:
| (1) |
Grant in an amount not to exceed $800.00 for a Clyde River Road Sign. |
| (2) |
Grant in the amount of $1,000.00 to Harbour Volunteer Fire Department, c/o Donna Beaulieu, re: Air Compressor. |
- MOTION CARRIED
Deputy Warden Nickerson clarified that she would like to see a “Clyde River” sign on the Municipality of Shelburne’s side of the River. She also noted that she would like a copy of this motion to go the Municipality of Barrington to see if they are interested in doing the same on their side of the Clyde River.
Deputy Warden Nickerson also noted that the Harbour Volunteer Fire Department is in need of funds for their air compressor and that the Director of Finance has provided information to the department in relation to some funding options. She stated that she would still like to donate the funds to help with the immediate need or to go toward the costs for the compressor.
The CAO advised that the compressor is shared between departments and that capital grant funding is also available.
10. (f)
MOTION: DISTRICT GRANT FUND #2 - BIRCHTOWN COMMUNITY CENTRE
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:
| (1) |
Grant in the amount of $1,000.00 to the Birchtown Community Centre, c/o Hank Falk, for roof repairs.
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- MOTION CARRIED
10. (g)
MOTION: RETROACTIVE MILEAGE PAYMENT
On a Motion of Councillor Sherm Embree and Councillor Ardith VanBuskirk:
BE IT RESOLVED that the Council of the Municipality of the District of Shelburne apply the retroactive payment for mileage for Councillor Embree to another account rather than Councillor Embree personally.
- MOTION CARRIED
11. NOTICE OF MOTIONS:
(a) Sandy Point Lighthouse Engineering Costs
(i) Staff Update
(ii) Motion: Councillor Davis
11. (a)
The Director of Finance stated that he has been in contact with Joan Bower, SWSDA, and advised that the Sandy Point Lighthouse Restoration Project is not in need for funding for the Engineering Costs at this point, and that these funds should be included in the $10,000.00 contribution over the next three years. He suggested that the motion get deferred until the funds are needed.
MOTION: SANDY POINT LIGHTHOUSE- ENGINEERING COSTS
On a Motion of Councillor Raymond Davis and Warden Paulette Scott:
BE IT RESOLVED that Council pay $501.00 for engineering services in accordance with a previously approved Motion of Council.
- MOTION DEFERRED
12. COMMITTEE REPORTS:
None
13. INFORMATION & OTHER REPORTS:
(a) Monthly Building Report (November and December 2007)
13. (a)
MOTION: MONTHLY BUILDING REPORT
On a Motion of Councillor Raymond Davis and Councillor Terry McIntyre:
BE IT RESOLVED that Council of the Municipality of the District of Shelburne receive the Monthly Building Report for November and December 2007.
- MOTION CARRIED
14. ADDED ITEMS:
(a) Staff Update - Shared Services Meetings
(b) Councillor VanBuskirk - Heritage Conference
(c) Councillor McIntyre - Rural Caucus
(d) Councillor McIntyre - Cooke’s Aquaculture
14. (a)
MOTION: SHARED SERVICES
On a Motion of Councillor Raymond Davis and Councillor Ardith VanBuskirk:
BE IT RESOLVED that the Municipality of the District of Shelburne accept staff’s
recommendation to move forward with Shared Services and the Letter of Understanding.
- MOTION CARRIED
The CAO informed Council of the meetings with the Town of Shelburne and Town of Lockeport Councils and advised that everything seems to be moving forward smoothly. It was noted that Shared Services will become a Committee and no longer a Board.
Discussion was held regarding the Administrator reporting to the CAO of the Municipality for administration issues and to the Shared Services Committee for functional matter. Streamlining employee’s union and medical plan matters were also discussed.
Cost sharing formulas, capital and operating budgets, multi-year budgeting and developing a formula for assets were also discussed. The CAO noted that the Shared Services document needs to be executed as soon as possible.
14. (b)
Councillor VanBuskirk advised Council of a Heritage Workshop being held in Yarmouth on March 19-20, 2008, called Reusing Old Buildings. She stated that she would be unable to attend but would like for the Heritage Committee Members to attend if they wished to go.
MOTION: HERITAGE WORKSHOP
On a Motion of Councillor Sherm Embree and Councillor Ardith VanBuskirk:
BE IT RESOLVED that the Municipality of the District of Shelburne allow for the Heritage Committee Members to attend the Reusing Old Buildings Workshop in Yarmouth on March 19-20, 2008.
- MOTION CARRIED
14. (c)
MOTION: NSCC COURSES
On a Motion of Councillor Terry McIntyre and Councillor Ardith VanBuskirk:
BE IT RESOLVED that the Municipality of the District of Shelburne write a letter to the Minister of Labour with a copy to the Nova Scotia Building Association and NSCC Shelburne, asking that NSCC Shelburne be considered as a training site for Building and Fire Inspection and Sewage Treatment Plant Operators.
- MOTION CARRIED
Councillor McIntyre informed Council that at the last Rural Caucus Meeting there was discussion regarding availability for the courses required for Building and Fire Inspection Officials and Sewage Treatment Plant Operators, and that NSCC Shelburne could be a possible location to offer these courses.
14. (d)
MOTION: COOKE AQUACULTURE - LETTER OF SUPPORT
On a Motion of Councillor Terry McIntyre and Deputy Warden Pat Nickerson:
BE IT RESOLVED that the Municipality of the District of Shelburne write a Letter of Support for Cooke Aquaculture to help them get their license finalized.
- MOTION TABLED
Councillor McIntyre stated that he has read Cooke Aquaculture’s study and believes that the Municipality should write a letter of support on their behalf to speed up the process of them getting their license, adding that there is potential for a plant in our area creating many job opportunities.
Warden Scott noted that a process has been set out by the Council to hear from all parties regarding the fish farming issues in our area and a decision should not be made until that process is complete. Discussion was held regarding encouraging industry in our area, and how Cooke’s is working hard to eliminate the noise from their site.
It was noted that the public will have a chance to speak to this matter at the Committee of the Whole Meeting scheduled for Monday, February 11, 2008.
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 7:58 pm.
- MOTION CARRIED
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