REGULAR SESSION OF THE 49TH COUNCIL

OF THE

MUNICIPALITY OF THE DISTRICT OF SHELBURNE

January 25, 2010

The Regular Session of the 49th Council of the Municipality of the District of Shelburne was held on Monday, January 25, 2010 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
  
• Dwayne Carey, Director of Finance
  
• Marilyn Johnston, Director of Recreation & Parks
  
• Heidi Wagner, Joint Services Administrator
  
• Lydia Deinstadt, Recording Secretary

ALSO PRESENT:

Members of the public

1. CALL TO ORDER:

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

2. BLESSING:

Councillor VanBuskirk led Council in repeating the Lord's Prayer.

3. PROCLAMATIONS:

1. International Development Week
   
2. National Flag of Canada Day

3. (a)

The Warden proclaimed the week of February 7-13, 2010 International Development Week.

3. (b)

The Warden proclaimed February 15, 2010 as National Flag of Canada Day.

4. APPROVAL OF MINUTES – December 14, 2009

Being duly moved and seconded, be it resolved that the Council Minutes of December 14, 2009 be approved as circulated with the following amendments:

• Item 9. (e) Record Councillor Taylor’s vote against this motion.
  
• Item 12. (c) Refer to the Ombudsman’s Report as the Ombudsman’s Consultative Report. Line one change “financial affairs” to “affairs”.

-MOTION CARRIED

5. APPROVAL OF AGENDA

Being duly moved and seconded, be it resolved that the Council Agenda of January 25, 2010 be approved with the following additions:

• Move agenda item 12. (a) to item 12. (c)
  
• Item 12 (a) Yarmouth Ferry Status – January 22, 2010 meeting
  
• Item 12(b) Adhoc Economic Development Committee – January 12th, 2010 meeting.

-MOTION CARRIED

6. PRESENTATIONS:

None

7. BUSINESS ARISING FROM THE MINUTES:

None

8. PUBLIC HEARING:

None

9. STAFF REPORTS:

1. Region 6 Solid Waste Management – 2010/11 Budget
   
2. Region of Queens Municipality – Contracts – Organics & Recyclables
   
3. Age Friendly Transportation Pilot Project
   
4. Albert Acker Field – Lease Agreement with the Shelburne & Area Minor Baseball Association
   
5. Shelburne County Arena Association – Council Membership on the Board
   
6. Kid’s Fair Play FUNd December Application Review
   
7. Museum and Tourism Grants – Black Loyalist Heritage Society
   
8. Haitian Relief
   

9. (a)

MOTION: REGION 6 SOLID WASTE MANAGEMENT – 2010/11 BUDGET

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 Region 6 Solid Waste Management – 2010/11 Budget which states that:

Council approve the Region 6 Solid Waste Management Board’s operating budget for fiscal 2010/11.

-MOTION CARRIED

9. (b)

MOTION: REGION OF QUEENS MUNICIPALITY – CONTRACTS – ORGANICS & RECYCLABLES

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 Region of Queens Municipality – Contracts – Organics & Recyclables, which states that:

Council renew its contracts with the Region of Queens Municipality for a five year term for the acceptance of recyclables and organic materials at their landfill and recycling facility.

-MOTION CARRIED

This document was reviewed by the Municipality’s solicitor. There were some small concerns with regards to the exit clauses, which have been rectified, but there were no other significant concerns.

9. (c)

MOTION: AGE FRIENDLY TRANSPORTATION PILOT PROJECT

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 Age Friendly Transportation Pilot Project, which states that:

The Municipality of the District of Shelburne support the Age Friendly Transportation Pilot project in principle with funds provided from the Service Nova Scotia Transportation Rural Infrastructure Fund in 2008/09 and match funds applied for through the Nova Scotia Department of Seniors.

-MOTION CARRIED

Council was very pleased with this initiative and felt that it would be very beneficial to the community, especially our seniors.

9. (d)

MOTION: ALBERT ACKER FIELD – LEASE AGREEMENT WITH THE SHELBURNE & AREA MINOR BALL ASSOCIATION

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 Albert Acker Field – Lease Agreement with the Shelburne & Area Minor Ball Association, which states that:

Council approve leasing most of the Albert Acker Field to the Shelburne and Area Minor Baseball Association for $1.00 for a period of 10 years to develop and operate a little league baseball field, with an option to renew.

-MOTION CARRIED

It was suggested that an exit clause be included in the lease agreement.

9. (e)

MOTION: SHELBURNE COUNTY ARENA ASSOCIATION – COUNCIL MEMBERSHIP ON THE BOARD

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 Shelburne County Arena Association – Council Membership on the Board, which states that:

Council representation on the Board of the Shelburne County Arena Association should remain at one (1) member.

-MOTION CARRIED

9. (f)

MOTION: KID’S FAIR PLAY FUNd - DECEMBER APPLICATION REVIEW

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 Kid’s Fair Play FUNd - December Review, which states that:

Council approve the Kids’ Fair Play FUNd Application Review Committee Minutes of December 17, 2009. (attached)

-MOTION CARRIED

It was agreed that this is a great program that helps many children in our County.

9. (g)

MOTION: MUSEUM AND TOURISM GRANTS – BLACK LOYALIST HERITAGE SOCIETY

Being duly moved and seconded, be it resolved that on the recommendation of the Committee of the Whole, Council accept the staff report regarding Museum and Tourism Grants – Black Loyalist Heritage Society, which states that:

It is recommended that the Black Loyalist Heritage Society be awarded a grant of $5000 for this fiscal year only. The grant to come from the 2009-2010 operating budget Museum and Tourism – S-22.

-MOTION CARRIED

It was agreed that discussion on further grants to the Black Loyalist Heritage Society take place during the 2010-11 budget deliberations.

9. (h)

MOTION: HAITIAN RELIEF

Being duly moved and seconded, be it resolved that Council approve a donation of $1500 payable to Oxfam to provide assistance in the relief efforts in Haiti; funds to come from the Physician Recruitment account.

-MOTION CARRIED

Council were advised that municipalities across the Province were donating to this cause. The Director of Finance gave examples of how much was being donated from other Municipalities. Locally, on January 31, 2010 the Town of Shelburne will be hosting a fundraiser for the Haitian Relief effort. It was stated that Oxfam is being recognized by the Federal government and that they will match any donation given to them; however, the organization to donate to would be at Council’s discretion. There was further discussion on which account the funds would come from and whether this was a cause that Council should be supporting. It was agreed that it was a worthy cause, due to its severity, and it was decided that the funds come from the Physician Recruitment Fund as recommended by the CAO.

10. MEMBERS OF COUNCIL: (*Resolution Prepared)

None

11. NOTICE OF MOTIONS:

None

12. COMMITTEE REPORTS:

1. Yarmouth Ferry Status – January 22, 2010 meeting
   
2. Adhoc Economic Development Committee – January 12th, 2010 meeting.
   
3. SWSDA Board Meeting – January 20, 2010

12. (a)

Councillor Townsend gave an update on the status of the Yarmouth Ferry. Yarmouth is lobbying the Provincial and Federal Governments to maintain “The CAT” ferry service for at least one more year as a transition time to consider a transportation study that is currently being done. If “The CAT” is no longer feasible, Yarmouth may look at a freight/passenger service. It was noted that contact with Members of Parliament and Members of the Legislative Assembly in support of this issue may be helpful and are encouraged. Discussion was held regarding the economic value of “The CAT”, loss of employment and tourist activity, funding, pricing of the service as well as use of a different carrier. It was noted by Council that it is important to maintain this link because it is a significant part of our local transportation infrastructure, it is vital to many industries in Shelburne County and is part of our heritage. It was suggested that a letter of support for the continued financial support of “The CAT” be written and circulated to the Federal and Provincial governments.

12. (b)

The meeting on January 12th generated the following six options the Shelburne County Community Economic Development Adhoc Committee would like to pursue in regards economic development opportunities in Shelburne County:

1. Identify characteristics for a community economic development service model;
   
2. Request further information on an RDA being developed regionally with current SWSDA board members;
   
3. Get reassurances on how SWSDA would implement the recommendations from the Ombudsman’s Report;
   
4. Separate letter written on behalf of Team Shelburne to the Minister of Economic Development indicating they would like his assistance to define options for a Shelburne County RDA;
   
5. Bring up at the SWSDA board meeting the possibility of an extension to the conversion from the current SWSDA to a new RDA; and
   
6. Ask Province to appoint someone to protect municipal interests.

A letter was drafted on behalf of Team Shelburne asking the Minister of Economic Development for assistance in developing options regarding a Shelburne County Regional Development Authority and it was reviewed by Council.

Discussion was held regarding funding for a Shelburne County RDA, partnering with the other units in the County.

The second letter to SWSDA regarding what characteristics the Municipality of Shelburne would like to see in an RDA. Council agreed that this letter was fine with the exception of changing the word “condition” to “characteristics”.

The Adhoc Committee will meet again tomorrow to finalize their intentions, and the Warden will report back to Council with the outcome.

12. (c)

Warden Embree gave an overview of the SWSDA board meeting on January 20th.

He confirmed the following motions were made:

1. The first motion requested the termination of SWSDA operations as a corporation under the Society’s Act as soon as possible, in an orderly fashion and was defeated. This motion was intended to give the SWSDA staff direction;
   
2. The second motion was concerning the draft by-laws, which were circulated to Council on January 14th and discussed. Discussion was held regarding concerns on past by-laws, where each unit stands in relation to a new RDA; and
3. The third motion noted that the new RDA’s budget would be based on the Municipalities who are committed to a new RDA, the deadline for units to confirm interest in the new RDA is January 31, 2010.

At the meeting that was held earlier today, three motions were brought forward as follows:

1. The lawsuits pertaining to OPI & SWSDA regarding the outstanding OPI loan and SWSDA countersuit have been resolved to the satisfaction of both parties. The terms of the settlement are confidential;
2. SWSDA accepts the out of court settlement between OPI & SWSDA as negotiated by the lawyers for both parties; and
3. When the Youth Centre funds are released they will be held by SWSDA in a separate account for expenditures directed and approved only by Team Shelburne.

1. Monthly Building Reports – November & December, 2009
   
2. Letter from the Municipality of the County of Annapolis – Provincial Volunteer
   Firefighters Day

Item (a) & (b) were noted with no discussion.

14. ADDED ITEMS:

(a)
(b)

15. “IN CAMERA” MOTIONS:

None

16. ADJOURNMENT:

Being duly moved and seconded, be it resolved that there being no further business, the meeting be adjourned at 6:02 pm.

-MOTION CARRIED

REGULAR SESSION OF THE 49TH COUNCIL

OF THE

MUNICIPALITY OF THE DISTRICT OF SHELBURNE

January 25, 2010

The Regular Session of the 49th Council of the Municipality of the District of Shelburne was held on Monday, January 25, 2010 commencing at 6:25 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
  
• Heidi Wagner, Joint Services Administrator
  

1. CALL TO ORDER:

The Regular Session of Council was called to order at 6:25 p.m.

2. MOTION: SOLID WASTE TENDER

Being duly moved and seconded, be it resolved that it is recommended by the Joint Services Board that the Solid Waste tender for collection and transportation of solid waste be awarded to Wasteco Ltd for a five year term beginning April 1, 2010.

- MOTION CARRIED

Being duly moved and seconded, be it resolved that there being no further business, the meeting be adjourned at 6:30 p.m.

-MOTION CARRIED