REGULAR SESSION OF THE 49TH COUNCIL

OF THE

MUNICIPALITY OF THE DISTRICT OF SHELBURNE

July 27, 2009

The Regular Session of the 49th Council of the Municipality of the District of Shelburne was held on Monday, July 27, 2009 commencing at 5:00 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 Townsend
  
• Councillor Norman Wallet
  
• Councillor Cathy Holmes
  
• Councillor Ardith VanBuskirk
  
• Councillor Roger Taylor
  
• Kirk Cox, CAO
  
• Penny Smith, Municipal Clerk
  
• Lydia Deinstadt, Recording Secretary
  
• Dwayne Carey, Director of Finance
  

Members of the Public & Press

1. CALL TO ORDER:

The Regular Session of Council was called to order at 5:00 p.m.

2. BLESSING:

Councillor Norman Wallet led Council in repeating the Lord's Prayer.

3. PROCLAMATIONS:

None

4. APPROVAL OF MINUTES - June 22, 2009

Being duly moved and seconded, be it resolved that the Council Minutes of June 22, 2009 be approved as circulated with the following revision:

Shelburne County Museum – Change Councillor VanBuskirk to Councillor Townsend

-MOTION CARRIED

5. APPROVAL OF AGENDA

Being duly moved and seconded, be it resolved that the Council Agenda of July 27, 2009 be approved with this revision:

Item 9(d), 2009/10 Operating, Reserve and Capital Budgets and Tax Rate, moved to item 9 (a).

-MOTION CARRIED

6. PRESENTATIONS:

None

7. BUSINESS ARISING FROM THE MINUTES:

None

8. PUBLIC HEARING:

None

9. STAFF REPORTS:

1. 2009/10 Operating, Reserve and Capital Budgets and Tax Rate
   
2. Municipal Grants to Organizations 2009/10
   
3. Kids Fair Play FUNd June Application Review
   
4. Annual Renewal of Banking Services
   
5. Loan Guarantee – The Sable River Volunteer Fire Department
   
6. Joint Services Board Budget
   
7. Joint Services Board – Correspondence Regarding Labour Issues
   
8. Oil & Gas Update

9. (a)

MOTION: 2009/10 OPERATING, RESERVE AND CAPITAL BUDGETS AND TAX RATE

Being duly moved and seconded, be it resolved that on the recommendation of the Committee of the Whole, Council accept the staff report regarding the 2009/10 Operating, Reserve and Capital Budgets and Tax Rate which states that:

It is recommended that as approved at the Council budget meeting of June 4, 2009 that:

1. The residential and resource tax rate for fiscal 2009/10 be set at $1.30 per $100 of assessment;
   
2. The commercial and business occupancy tax rate for fiscal 2009/10 be set at $1.82 per $100 of assessment;
   
3. The forest rate be set at $.25 per acreage designated as resource and $.40 per acre for acreage designated as commercial;
   
4. The due date for the final tax billing be October 31, 2009;
   
5. An interim tax bill be sent for fiscal 2010/11, being 60% of the previous year’s total tax bill with the due date of the interim tax bill being April 30, 2010;
   
6. The interest rate on taxes outstanding continue at 14% (fourteen percent) per annum calculated monthly;
   
7. The gross operating budget be set at $ 6,692,640;
   
8. The Sewer Service charge be set at $260.00;
   
9. The Reserve Budget as tabled in June 2009, be approved;
   
10. The Capital Budget as tabled in June 2009, be approved;
    
11. The area rate for the Port Clyde and Area Fire Services be confirmed at $.065 per $100 of assessment for those properties serviced by the Port Clyde Volunteer Fire Department;
    
12. The area rate for the Sable River and Area Fire Services be confirmed at $.053 per $100 of assessment for those properties serviced by the Sable River Volunteer Fire Department;
    
13. The area rate for the Little Harbour and Area Fire services be confirmed at $.10 per $100 of assessment for those properties serviced by the Little Harbour Volunteer Fire Department.

-MOTION CARRIED

Although some Councillors did not agree with all aspects of the 2009/10 budget, the budget was viewed as very optimistic and overall everyone was pleased.

9. (b)

MOTION: MUNICIPAL GRANTS TO ORGANIZATIONS 2009/10

Being duly moved and seconded, be it resolved that on the recommendation of the Committee of the Whole, Council accept the staff report regarding the Municipal Grants to Organizations 2009/10, which states that:

1. Council support the work of community volunteer organizations by approving the recommendations of the Grants to Organizations Committee in the amount of $39,626 as per the attached schedules A – Support Grants – Community –Based Organizations; B- Community Recreation & Parks Grants; C – Community Heritage Grants; D – Community Festival and Events Grants: and E – Community Capital Grants with funds available from account #0021950791 Fiscal Services and account #0027120791 Recreation & Parks.
   
2. Council retain remaining funds of $374 (account # 0021950791 Fiscal Services) for any additional grant requests during 2009/10.
3. Council allow the remaining grant funds available in account #0021950791 Fiscal Services to be used for Museum and Tourism activities should there be need.
4. Council approve a change of use for the 2008/09 grant received by the Lower Ohio Recreation Association.

-MOTION CARRIED

9. (c)

MOTION: KIDS FAIR PLAY FUNd JUNE APPLICATION REVIEW

Being duly moved and seconded, be it resolved that Council accept the staff report regarding the Kids Fair Play FUNd June Application Review, which states that:

Council approve the Kids’ Fair Play FUNd Application Review Committee Minutes of June 16, 2009.

-MOTION CARRIED

It was stated that due to an increase in applications and demands for the funds, the committee is looking to form a fundraising committee.

9. (d)

MOTION: ANNUAL RENEWAL OF BANKING SERVICES

Being duly moved and seconded, be it resolved that Council accept the staff report regarding the Annual Renewal of Banking Services, which states that:

1. Council approve a resolution to authorize a temporary operating line of credit in the amount of $1,500,000.
   
2. Council authorize the Warden and the Municipal Clerk to sign the required documentation on behalf of the Municipality of the District of Shelburne.

-MOTION CARRIED

The Director of Finance confirmed that the line of credit is the same amount as last year.

9. (e)

MOTION: LOAN GUARANTEE – SABLE RIVER VOLUNTEER FIRE DEPARTMENT

Being duly moved and seconded, be it resolved that on the recommendation of the Committee of the Whole Council, Council accept the staff report regarding Loan Guarantee – Sable River Volunteer Fire Department, which states that:

1. Council provide a loan guarantee to the Sable River Volunteer Fire Department (up to) the amount of $124,000.00 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 Royal Bank of Canada.

-MOTION CARRIED

There is still some concern among some Councillors that the proper process for purchasing this truck was not followed. Some view this issue as contentious, but most agree that it is time to move on.

9. (f)

MOTION: JOINT SERVICES BOARD BUDGET

Being duly moved and seconded, be it resolved that Council accept the staff report regarding the Joint Services Board Budget, which states that:

It is recommended that the budget for 2009/10 for the Joint Services operation, totalling $1,191,698 be approved.

-MOTION CARRIED

Discussion was held regarding the overall budget and the need to stay within its parameters. The Warden stated that throughout the year, the JSB will be looking for ways to become more efficient when providing these services. It was suggested that the Waste Management Program should consider all aspects of waste recovery, such as backyard composting.

9. (g)

MOTION: JOINT SERVICES BOARD – CORRESPONDENCE REGARDING LABOUR ISSUES

Being duly moved and seconded, be it resolved that on the recommendation of the Committee of the Whole, Council accept the staff report regarding the Joint Services Board – Correspondence Regarding Labour Issues, which states that:

• It is recommended to Council that the Municipality immediately initiate formal negotiations with the Town of Shelburne and the Town of Lockeport to formalize an intermunicipal agreement pursuant to Section 60 of the Municipal Government Act on all services covered under the Letter of Understanding of the Joint Services Board.
  
• It is recommended to Council that the legal advice contained in the letter of March 9, 2009 from Noella Martin on Joint Services Board labour relations matters be communicated in writing to all member municipalities.
  

-MOTION CARRIED

9. (h) OIL & GAS UPDATE

This staff report was for information purposes only.

Discussion was held regarding Oil & Gas development in Southwest Nova Scotia and the steps being taken by the Federal and Provincial governments regarding the George’s Banks moratorium, as well as work being done by the Oceans First Task Force.

It was stated that it was unlikely that there will be any type of production near this area for several years.

10. MEMBERS OF COUNCIL:

(a) Street Light Request – West Green Harbour

10. (a)

MOTION: STREET LIGHT REQUEST – WEST GREEN HARBOUR

BE IT RESOLVED that on a recommendation of the Committee of the Whole, the Municipality of the District of Shelburne approve the relocation of a street light from in front of Irvin Sperry’s, Slipway Road, West Green Harbour, to #128 Shore Road, West Green Harbour, for health and safety reasons.

-MOTION CARRIED

Councillors reiterated their comments at the most recent Committee of the Whole meeting and Councillors Taylor and Townsend requested that if there is a cost involved in this relocation that they be made aware.

11. NOTICE OF MOTIONS:

None

12. COMMITTEE REPORTS:

(a) Roseway Manor Board, Update / Communities in Bloom, Update/ Farmer’s Market, Update – Councillor Holmes
(b) Tourism Development Officer Meeting, Update – Councillor Townsend

12. (a)

Councillor Holmes reported that the Roseway Manor Board budget has a $85,000 deficit but $75,000 will be covered by emergency funding from the Department of Health. The Fire Marshall had a long list of alterations that had to be done to the Manor. The recommendations will be completed by the end of the month. Warden Embree clarified that the Roseway Manor Board budget is independent of the MDS budget.

In regards to Communities in Bloom & the Farmer’s Market the group has hired two people through a Job Creation Program (JCP) to help run the Farmer’s Market and help with the garden at SRHS. Their office will be located at the Shelburne Area Chamber of Commerce office located on George Street. Councillor Holmes stated the community garden has had a slow start; some of the garden boxes and the fence are not finished, but will be ready for the next season.

(b) Tourism Development Officer Meeting, Update – Councillor Townsend

12. (b)

Councillor Townsend reported that she attended a meeting on July 15th. The commitment for funds from all Municipal Units have been received for a five year term and it was questioned whether the Municipality has given this commitment. Funding is being confirmed by other levels of government. The Tourism Development Officer will be working out of the SWSDA offices in Barrington and Shelburne and will be working to promote Shelburne County. All Councils involved will have one vote with respect to hiring this individual.

13. INFORMATION & OTHER REPORTS:

(a) Monthly Building Report – June, 2009

13. (a)

The Monthly Building Report for June, 2009 was reviewed by Council.

14. ADDED ITEMS:

None

15. “IN CAMERA” MOTIONS:

July APS meeting – Due to a limited agenda, it was agreed that the July APS meeting be cancelled.

16. ADJOURNMENT:

Being duly moved and seconded, be it resolved that there being no further business, the meeting be adjourned at 5:55 pm.

-MOTION CARRIED