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REGULAR SESSION OF THE 48TH COUNCIL
OF THE
MUNICIPALITY OF THE DISTRICT OF SHELBURNE
October 27, 2008
The Regular Session of the 48th Council of the Municipality of the District of Shelburne was held on Monday, October 27, 2008 commencing at 6:00 p.m. in the Council Chambers of the Municipal Administration Building, Shelburne, Nova Scotia.
THOSE IN ATTENDANCE WERE:
- Warden Sherm Embree
- Deputy Warden Pat Nickerson
- Councillor Ardith VanBuskirk
- Councillor Paulette Scott
- Councillor John Roscoe
- Councillor Raymond Davis
- Councillor Terry McIntyre
- Kirk Cox, CAO
- Penny Smith, Municipal Clerk
- Dwayne Carey, Director of Finance
- Erin Hartley, Recording Secretary
- Marilyn Johnston, Director of Recreation and Parks
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:
Warden Sherm Embree 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 Council Minutes of October 27, 2008 be approved as circulated.
-MOTION CARRIED
5. APPROVAL OF AGENDA:
On a Motion of Deputy Warden Pat Nickerson and Councillor Paulette Scott:
BE IT RESOLVED that the Agenda of July 28, 2008 be approved with the following addition:
-MOTION CARRIED
6. PRESENTATIONS:
None
7. BUSINESS ARISING FROM THE MINUTES:
None
8. PUBLIC HEARING:
None
9. STAFF REPORTS:
(a) Dangerous & Unsightly Premises – Stewart Property
(b) Request for Credit for Taxes paid
(c) Joint Services Board Budget
(d) Municipal Grants to Organizations 2008/09
(e) Shelburne Regional High School Sidewalk
(f) Roseway Manor Transportation Program
9(a)
DANGEROUS & UNSIGHTLY PREMISES – STEWART PROPERTY
On a Motion of Councillor Raymond Davis and Councillor Terry McIntyre:
BE IT RESOLVED that Council approve the staff report regarding Dangerous & Unsightly Premises – Stewart Property, which states:
| (1) |
Whereas Ms. Barbara Anne Stewart has not complied with the Order to Remedy dated July 17, 2008, that the remains of the burnt trailer on the property be demolished and disposed of; and |
| (2) |
That the work be carried out by Swansburg Construction at a total cost of $1,125.00 + HST; the cost of so doing would then become a lien against the property. |
-MOTION CARRIED
Discussion was held regarding the legal owner of this property, quotes and previous discussion at Committee of the Whole.
9. (b)
MOTION: REQUEST FOR CREDIT FOR TAXES PAID
On a Motion of Warden Sherm Embree and Councillor Ardith VanBuskirk:
BE IT RESOLVED that Council approve the staff report regarding Request for Credit for Taxes Paid, which states:
That Council authorize the Director of Finance to negotiate a settlement in the amount of $1,850.08 with the tax payer. This amount being the amount paid by the taxpayer since 2003.
-MOTION DEFEATED
Discussion was held regarding the role of the assessment department as well as requiring more information from the homeowner. Setting a precedent, hiring an assessment mapper, and responsibility were also discussed.
It was agreed that further staff action and research with the Assessment Office is required.
8. MOTION: OPEN PUBLIC HEARING
On a Motion of Councillor Raymond Davis and Councillor Paulette Scott:
BE IT RESOLVED that Council open public hearing on the Recommendation for Registration of a Heritage Property – St. Paul’s United Church Sunday School.
-MOTION CARRIED
A notice was sent to the trustees of the property of Council’s intent to register the St. Paul’s United Church Sunday School.
No objections have been received regarding this registration
MOTION: CLOSE PUBLIC HEARING
On a Motion of Councillor Raymond Davis and Councillor Terry McIntyre:
BE IT RESOLVED that Council close public hearing on the Recommendation for Registration of a Heritage Property – St. Paul’s United Church Sunday School.
-MOTION CARRIED
MOTION: PROPOSED HERITAGE PROPERTY REGISTRATION – ST. PAUL’S UNITED CHURCH SUNDAY SCHOOL
On a Motion of Deputy Warden Pat Nickerson and Councillor Terry McIntyre:
WHEREAS the Heritage Advisory Committee of the Municipality of the District of Shelburne have recommended that the St. Paul’s United Church Sunday School, located at #1804 Shore Road, Gunning Cove, 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 September 23, 2008.
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. Paul’s United Church Sunday School, located at #1804 Shore Road, Gunning Cove, Shelburne County, NS, as a Municipal Heritage Property and that the said registration be recorded in the Municipal Registry of Heritage Property.
-MOTION CARRIED
9. (c) MOTION: JOINT SERVICES BOARD BUDGET
On a Motion of Councillor Terry McIntyre and Councillor Ardith VanBuskirk:
BE IT RESOLVED that Council approve the staff report regarding Joint Services Board Budget, which states:
That Council approve the budget for the Joint Services Board as presented.
- MOTION CARRIED
Discussion was held regarding the cost sharing formula saving the Municipality money and completing the inter-municipal agreement.
9. (d) MOTION: GRANTS TO ORGANIZATIONS
On a Motion of Councillor Paulette Scott and Councillor Terry McIntyre:
BE IT RESOLVED that Council approve the staff report regarding Municipal Grants to Organizations 2008 be approved, which states:
| (1) |
That Council support the work of community volunteer organizations by approving the recommendations of the Grants to Organizations Committee in the amount as per the attached Schedules A – Community Support, B – Community Recreation & Parks, C – Community Heritage, D – Tourism Promotion & Development, and E – Community Capital with funds available from account # 0021950791 Fiscal Services and account # 0027120791 Recreation & Parks. |
| (2) |
That Council retain remaining funds (account # 0021950791 Fiscal Services) for any additional grant requests during 2008/09. |
| (3) |
That Council allow the remaining grant funds available in account #0021950791 Fiscal Services to be used for museum and tourism activities should there be need. |
-MOTION CARRIED
Councillor Roscoe voted against this motion.
Discussion was held regarding the Shelburne Harbour Yacht Club additional committed funds.
AMENDMENT TO MOTION: GRANTS TO ORGANIZATIONS
On a Motion of Councillor Paulette Scott and Councillor Raymond Davis:
BE IT RESOLVED that a letter of support be sent to the Shelburne Harbour Yacht Club and funding be delayed until additional project funding is confirmed and project is underway.
-MOTION CARRIED
9. (e) MOTION: SRHS SIDEWALK REPAIRS
On a Motion of Councillor Raymond Davis and Councillor Ardith VanBuskirk:
BE IT RESOLVED that Council approve the staff report regarding SRHS Sidewalk Repairs, which states:
| (1) |
That MDS contact local companies for proposals and proceed with repairing the sidewalk before the winter freeze. |
| (2) |
That funds to complete the project be allocated from account #0022450000. |
-MOTION CARRIED
MOTION: LETTER TO DEPARTMENT OF TRANSPORTATION
On a Motion of Councillor Raymond Davis and Councillor Ardith VanBuskirk:
BE IT RESOLVED that Council write a letter to the Minister of Transportation expressing displeasure in their “minimum standards” quality of work on the culvert bridge of the SRHS Sidewalk.
-MOTION CARRIED
9. (f) MOTION: ROSEWAY MANOR TRANSPORTATION PROGRAM
On a Motion of Deputy Warden Pat Nickerson and Councillor Ardith VanBuskirk:
BE IT RESOLVED that Council approve the staff report regarding Roseway Manor Transportation Program, which states:
| (1) |
That a letter of support be provided to the Roseway Manor Board for their Community Transportation Program. |
-MOTION CARRIED
10. MEMBERS OF COUNCIL:
None
11. NOTICE OF MOTION:
On a Motion of Councillor Ardith VanBuskirk and Councillor Raymond Davis:
BE IT RESOLVED that the Municipality of the District of Shelburne approve a shortened version of the Public Consultation Process for the construction of broadband towers.
-MOTION CARRIED
Councilor McIntyre voted against this motion.
12. COMMITTEE REPORTS:
None
13. INFORMATION & OTHER REPORTS:
(a) Monthly Building Report - September, 2008
13. (a)
The Monthly Building Report for September, 2008 was reviewed by Council.
14. ADDED ITEMS:
(a) Private Roads
14. (a)
Councillor McIntyre expressed to Council his views on providing more services to private roads he noted that he requested from the Director of Finance that grading on two roads in his area be completed and paid from his District Grant Fund.
Discussion was held regarding the number of private roads in the Municipality, the responsibility of the private road homeowners and the services private road homeowners have.
It was requested that a staff report be prepared for a future meeting on MGA regulations and other units common practices in relation to private road services.
15. “IN CAMERA” MOTIONS:
MOTION: COLLECTIVE AGREEMENT
On a Motion of Deputy Warden Pat Nickerson and Councillor Terry McIntyre:
BE IT RESOLVED that Council authorize the Warden and CAO to execute the Collective Agreement between the MDS and IBEW Local 1928.
-MOTION CARRIED
Some Councillors noted that this would be their last Council meeting and thanked one and other for their hard work together. Councillors who were not re-elected were thanked for their public and municipal service. It was noted that Council is a team and all Councillors provided valuable contributions to the Municipality of the District of Shelburne during their terms.
16. ADJOURNMENT:
On a Motion of Councillor Terry McIntyre:
BE IT RESOLVED that there being no further business, the meeting be adjourned at 6:56 pm.
-MOTION CARRIED
SPECIAL SESSION OF THE 49TH COUNCIL
OF THE
MUNICIPALITY OF THE DISTRICT OF SHELBURNE
November 5, 2008
The Special Session of the 49th Council of the Municipality of the District of Shelburne was held on Wednesday, November 5, 2008 commencing at 6:00 p.m. in the Council Chambers of the Municipal Administration Building, Shelburne, Nova Scotia.
THOSE IN ATTENDANCE WERE:
- Warden Sherm Embree
- Deputy Warden John Roscoe
- Councillor Doris Swaine
- Councillor Ardith VanBuskirk
- Councillor Norman Wallet
- Councillor Cathy Holmes
- Councillor Roger Taylor
- Kirk Cox, CAO
- Penny Smith, Municipal Clerk
- Erin Hartley, Recording Secretary
ALSO IN ATTENDANCE:
Members of the public and press
Municipal Clerk, Penny Smith, chaired this meeting.
1. CALL TO ORDER:
The Special Session of Council was called to order at 6:00 p.m.
2. OATH OF OFFICE:
Municipal Clerk, Penny Smith, invited each Councillor to the head of the table to read and sign their Oath of Allegiance and Office in the following order:
| Doris Swaine |
District 1 |
| Ardith VanBuskirk |
District 2 |
| Norman Wallet |
District 3 |
| Cathy Holmes |
District 4 |
| John Roscoe |
District 5 |
| Roger Taylor |
District 6 |
| Sherman Embree |
District 7 |
3. ELECTION OF OFFICERS:
| (a) |
Nominations were called for the position of Warden for the Municipality of the District of Shelburne. Councillor Roger Taylor nominated Sherman Embree, seconded by Councillor Doris Swaine. The nomination was accepted by Sherman Embree. |
MOTION: WARDEN POSITION
On a Motion of Councillor Roger Taylor and Councillor Doris Swaine:
BE IT RESOLVED that Sherman Embree be elected Warden for the Municipality of the District of Shelburne.
- MOTION CARRIED
| (b) |
Nominations were called for the position of Deputy Warden for the Municipality of the District of Shelburne. Councillor Ardith VanBuskirk nominated John Roscoe, seconded by Councillor Roger Taylor. The nomination was accepted by John Roscoe. |
MOTION: WARDEN POSITION
On a Motion of Councillor Ardith VanBuskirk and Councillor Roger Taylor:
BE IT RESOLVED that John Roscoe be elected Deputy Warden for the Municipality of the District of Shelburne.
- MOTION CARRIED
4. OTHER BUSINESS:
| (a) |
Monthly Meeting Calendar - Council were asked to review the draft meeting calendar for 2009, to be discussed at a future meeting. |
| (b) |
Photo Opportunity – A representative from the Shelburne County Coast Guard was requested to take a photo of the new Council. |
5. ADJOURNMENT:
On a Motion of Councillor Ardith VanBuskirk:
BE IT RESOLVED that there being no further business, the meeting be adjourned at 6:13 pm, with reception to follow.
-MOTION CARRIED
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