REGULAR SESSION OF THE 49TH COUNCIL

OF THE

MUNICIPALITY OF THE DISTRICT OF SHELBURNE

March 22, 2010

The Regular Session of the 49th Council of the Municipality of the District of Shelburne was held on Monday, March 22, 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 Ardith VanBuskirk
  
• Councillor Norman Wallet
  
• Councillor Cathy Holmes
  
• Councillor Roger Taylor
  
• Kirk Cox, CAO
  
• Penny Smith, Municipal Clerk
  
• Dwayne Carey, Director of Finance
  
• Valeria Kean, Waste Diversion Co-ordinator
  
• Erin Hartley, Recording Secretary

REGRETS:

• Councillor Doris Townsend
  

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 Holmes led Council in repeating the Lord's Prayer.

3. PROCLAMATIONS:

None

4. APPROVAL OF MINUTES – February 22, 2010

Being duly moved and seconded, be it resolved that the Council Minutes of January 25, 2010 be approved as circulated.

-MOTION CARRIED

5. APPROVAL OF AGENDA

Being duly moved and seconded, be it resolved that the Council Agenda of March 22, 2010 be approved with the following additions:

7. (a) Eastern Shelburne County Energy Strategy Contractor Selection
12. (a) SWSDA
12. (b) Rural Secretariat
12. (c) MLA Meeting
13. (b) Exchange of Letters with Municipality of Barrington
14. (a) Loan Guarantee – Ohio Fire Association

-MOTION CARRIED

6. PRESENTATIONS:

Retirement Acknowledgements

1. Carl Smith, Director of Inspection Services – Unable to attend
   
2. Dudley Stewart, By-Law Enforcement Officer/Property Superintendant
   
3. Gary Rose, Sewage Treatment Plant Operator/Trails Maintenance Supervisor

Dudley Stewart (29 years of service) and Gary Rose (22.5 years of service) were thanked for their contribution to the Municipality and were presented with a gift from Council. Mr. Stewart and Mr. Rose thanked Council and staff for their support during their time of employment.

7. BUSINESS ARISING FROM THE MINUTES:

7. (a) Eastern Shelburne County Energy Strategy Contractor Selection.

An update on funding approval was requested.

8. PUBLIC HEARING:

a	Repeal By-Law R-200 Second and Final Reading	5:15 pm
b	Emergency Management Response By-Law E-200 Second and Final Reading	5:30 pm
c	Shelburne County East RCMP Advisory Board By-Law R-100 Second and Final Reading	5:45 pm

8. (a)

MOTION: ENTER PUBLIC HEARING

Being duly moved and seconded, be it resolved that Council enter Public Hearing for Repeal By-Law R-200.

-MOTION CARRIED

The Municipal Clerk advised that the Repeal By –Law R-200 will replace the following:

1. By-Law #2 - Corporation Seal – The fundamentals of this by-law are covered in the Municipal Government Act.
2. By-Law #3 – Meetings of the Council – The information contained in this by-law is obsolete. Procedures are now included in the Proceedings of Council Policy.
3. By-Law #6 – Warden, Deputy Warden and Municipal Officers – The fundamentals of this by-law are covered in the Municipal Government Act.
4. By-Law #21 – Tax Exemption – A Tax Exemption Policy will replace this by-law.
5. By-Law #29 - Installment Billing By-Law – An Installment Billing Policy was approved by Council on November 30, 2009; therefore, this by-law is no longer required.

It was noted that the by-law was advertised in the local paper on March 8, 2010 and that no verbal or written comments were received from the public.

The Warden opened the floor to any members of the public wishing to discuss this matter, with no response.

MOTION: EXIT PUBLIC HEARING

Being duly moved and seconded, be it resolved that Council exit Public Hearing for Repeal By-Law R-200.

-MOTION CARRIED

MOTION: REPEAL BY-LAW R-200

Being duly moved and seconded, be it resolved that Council give second and final reading to Repeal By-Law R-200.

-MOTION CARRIED

9. STAFF REPORTS:

1. Earth Day Activities – District Challenge
   
2. Port Clyde Volunteer Fire Department – Municipal Entity
   
3. West Green Harbour Hall - Repair
   
4. Tax Exemption Policy
   
5. Area Rate Vote – Little Harbour and Area Volunteer Fire Department
   
6. Cost Share Agreement for Class J Roads
   
7. List of Boards and Committees 2010/11

9. (a)

MOTION: EARTH DAY ACTIVITIES – DISTRICT CHALLENGE

Being duly moved and seconded, be it resolved that on the recommendation of the Committee of the Whole, Council accept the staff report regarding Earth Day Activities – District Challenge, which states that:

The Municipality of the District of Shelburne Council participate in a District Litter Clean-Up Challenge.

-MOTION CARRIED

Discussion was held regarding Councillors or community groups from each district organizing a clean-up in their area. Councillors were asked to advise the Waste Diversion Co-ordinator of their district participation. It was noted that the carpools located at Exits 23 and 26 were in need of clean up and that supplies for the challenge will be available after April 1, 2010.

9. (b)

Council were advised that the Port Clyde Volunteer Fire Department would like to be recognized as a municipal entity in order to claim full rebates of HST paid. Discussion was held regarding other fire departments, risk and liabilities, as well as different levels of HST rebates available to fire departments.

MOTION: PORT CLYDE VOLUNTEER FIRE DEPARTMENT (HST STATUS)

Being duly moved and seconded, be it resolved Council accept the staff report regarding Port Clyde Volunteer Fire Department (HST Status), as amended, as follows:

The Port Clyde Fire Department be recognized as a municipal entity of the Municipality of the District of Shelburne, and has been since incorporation on January 4, 1978.

The Municipality of the District of Shelburne clarify with all other fire departments in the Municipality of Shelburne if they require this designation.

-MOTION CARRIED

8. (b)

MOTION: ENTER PUBLIC HEARING

Being duly moved and seconded, be it resolved that Council enter Public Hearing for Emergency Management Response By-Law E-200.

-MOTION CARRIED

The Municipal Clerk advised that the Emergency Management Response By-Law E-200 has been updated to reflect current Acts and Regulations.

It was noted that the by-law was advertised in the local paper on March 8, 2010 and that no verbal or written comments were received from the public.

The Warden opened the floor to any members of the public wishing to discuss this matter, with no response.

MOTION: EXIT PUBLIC HEARING

Being duly moved and seconded, be it resolved that Council exit Public Hearing for Emergency Management Response By-Law E-200.

-MOTION CARRIED

MOTION: EMERGENCY MANAGEMENT RESPONSE BY-LAW E-200

Being duly moved and seconded, be it resolved that Council give second and final reading to Emergency Management Response By-Law E-200.

-MOTION CARRIED

9. (c)

MOTION: WEST GREEN HARBOUR HALL - REPAIR

Being duly moved and seconded, be it resolved that Council accept the staff report regarding West Green Harbour Hall - Repair, which states that:

The Municipality of the District of Shelburne purchase and install a new rear door for the West Green Harbour Community Hall.

-MOTION CARRIED

Discussion was held regarding the length of lease to the West Green Harbour Recreation Association as well as the fact that Council is responsible for the maintenance of this property. It was agreed that staff invite the Chairperson of the West Green Harbour Recreation Association to make a presentation to Council regarding the Community Hall budget, fundraising efforts and programming available to the community.

8. (c)

MOTION: ENTER PUBLIC HEARING

Being duly moved and seconded, be it resolved that Council enter Public Hearing for Shelburne County East RCMP Advisory Board By-Law R-100.

-MOTION CARRIED

The Municipal Clerk advised that the Shelburne County East RCMP Advisory Board By-Law R-100 is newly created and establishes the procedures necessary to carry out the roles and responsibilities of its board members.

It was noted that the by-law was advertised in the local paper on March 8, 2010 and one resident obtained a copy of the by-law, but no verbal or written comments were received from the public; however, at the Shelburne County East RCMP Advisory Board Meeting held on March 9, 2010, a motion was passed to amend Section 8 of the by-law.

The amendment would be on the third line, after –convicted of any criminal offence- to include “for which a pardon has not been granted”, then continue with the rest of the sentence.

The Warden opened the floor to any members of the public wishing to discuss this matter, with no response.

MOTION: EXIT PUBLIC HEARING

Being duly moved and seconded, be it resolved that Council exit Public Hearing for Shelburne County East RCMP Advisory Board By-Law R-100.

-MOTION CARRIED

MOTION: SHELBURNE COUNTY EAST RCMP ADVISORY BOARD BY-LAW R-100

Being duly moved and seconded, be it resolved that Council give second and final reading to the Shelburne County East RCMP Advisory Board By-Law R-100, with the above amendment.

-MOTION CARRIED

9. (d)

MOTION: TAX EXEMPTION POLICY

Being duly moved and seconded, be it resolved that on the recommendation of the Committee of the Whole, Council accept the staff report regarding Tax Exemption Policy, which states that:

Council approve the Tax Exemption Policy as attached.
-MOTION CARRIED

Discussion was held regarding fire departments being exempt under provincial regulations and the West Green Harbour Fire Community Hall being removed from the list due to lack of use by the community.

9. (e)

MOTION: AREA RATE VOTE- LITTLE HARBOUR AND AREA VOLUNTEER FIRE DEPARTMENT

Being duly moved and seconded, be it resolved that Council accept the staff report regarding Area Rate Vote – Little Harbour and Area Volunteer Fire Department, which states that:

Council approve the extension of the area rate in the amount of $0.10 per $100.00 of assessment for up to three years.

-MOTION CARRIED

*Deputy Warden Roscoe voted against this motion.

It was noted that the area rate will need to be officially approved during budget discussions and that this motion indicates intent only.

9. (f)

MOTION: COST SHARE AGREEMENT FOR CLASS J ROADS

Being duly moved and seconded, be it resolved that Council accept the staff report regarding Cost Share Agreement for Class J Roads, which states that:

Council approve Construction Agreement No. 2009-021; and

Council authorize the Warden and Chief Administrative Officer to sign the agreement on behalf of the Municipality.

-MOTION CARRIED

Clarification was requested as to what services the agreement covers, how many kilometres of Class J Roads there are in the Municipality of Shelburne and funding. A copy of the maintenance agreement was requested.

It was noted that 2 minor corrections will be made to the document including:

• Section 2.1 (c) should read “2011 and 2012”
  
• Section 3.2, first line reference should be made to section 3.1 not 2.1

9. (g)

It was noted that the ICSP Sustainability Committee requires two Members of Council; Warden Embree and Councillor Holmes volunteered. It was also requested that a revision date be included on the document.

MOTION: LIST OF BOARDS AND COMMITTEES 2010-11

Being duly moved and seconded, be it resolved that on the recommendation of the Committee of the Whole, Council accept the staff report regarding List of Boards and Committees 2010-11, as amended, as follows:

1. Council adopt the attached List of Boards and Committees for 2010-11 and
   
2. Change ICSP Implementation Committee to ICSP Sustainability Committee under Advisory Boards/Committees of Council; Warden Embree and Councillor Holmes to be the representatives.

-MOTION CARRIED

10. MEMBERS OF COUNCIL: (*Resolution Prepared)

(a) Councillor Taylor - Grants Committee – Bursary Criteria

10. (a)

MOTION: BURSARY CRITERIA

Being duly moved and seconded, be it resolved that the Council of the Municipality of the District of Shelburne direct the Grants Committee to ensure that monies allocated for graduation bursaries be considered first to develop health care professionals.

-MOTION CARRIED

Discussion was held regarding the current bursary criteria, increasing the value of the bursary, as well as the need for health care professionals in the area.

11. NOTICE OF MOTIONS:

None

12. COMMITTEE REPORTS:

1. SWSDA
   
2. Rural Secretariat
   
3. MLA Meeting
   
4. CAO Performance Review

12. (a)

Discussion was held regarding the financial situation of South West Shore Development Authority and the need for more accurate information.

MOTION: SWSDA FINANCIALS

Being duly moved and seconded, be it resolved that Council of the Municipality of the District of Shelburne:

1. Send a letter to SWSDA’s Auditors requesting a detailed breakdown of Accounts Payable and Accounts Receivable as of March 31, 2010; and
2. Send a letter to SWSDA with an immediate request of a detailed breakdown of Accounts Payable and Accounts Receivable as of February 28, 2010.

-MOTION CARRIED

12. (b)

A Rural Secretariat meeting was held in the area that was attended by representatives throughout the County. The theme was to provide information to the Rural Secretariat regarding decision making services of government officials in our area.

12. (c)

An update of the MLA/Minister of Fisheries and Aquaculture meeting was given including the following topics of discussion:

• Medical Clinic
  
• Industial Park Lands
  
• Net Metering Study
  
• Sewage Treatment Plant
  
• Cranberry Development
  
• Regional Development Authority
  
• Port Mouton By Pass
  
• Health Care Professionals
  
• Amalgamation
  
• CAT Ferry

It was noted that it was good to have the MLA onside and give him the background on these issues in order for him to address them if they are raised at any of his meetings.

12. (d)

It was noted that the CAO Performance Review is underway and that the CAO will have an opportunity to speak to Council at an “In Camera” Meeting immediately following the March 31, 2010 Audit and Program Services Meeting.

13. INFORMATION & OTHER REPORTS:

(a) Monthly Building Reports– January 2010
(b) Regional Economic Development Correspondence

13. (a)

The January report was reviewed with no discussion.

13. (b)

Correspondence with the Municipality of Barrington in relation to Regional Economic Development was reviewed by Council with no discussion.

14. ADDED ITEMS:

(a) Loan Guarantee –Ohio Fire Association

14. (a)

Discussion was held regarding the Ohio Fire Association purchasing a fire truck and the need for a loan guarantee and bridge financing in order for it to be purchased immediately. This loan guarantee would only be for a month or two until the official loan documents can be drawn up by the bank. It was noted that fundraising will help cover the cost of the truck and that the department is financially capable to take on this purchase.

MOTION: LOAN GUARANTEE – OHIO FIRE ASSOCIATION

Being duly moved and seconded, be it resolved that the Council of the Municipality of the District of Shelburne approve the staff report, which states that:

Council provide a loan guarantee to the Ohio Fire Association in the amount of $100,000.00 to provide for the purchase of a new truck; and

Council authorize the Warden and Municipal Clerk to execute the loan guarantee documents required for Ministerial approval; and

Council authorize the Warden and Municipal Clerk to execute the loan guarantee documents required by the Canadian Imperial Bank of Commerce; and

Council authorize the Municipality of the District of Shelburne to provide short-term bridge financing to the Ohio Fire Association until the loan guarantee can be finalized.

-MOTION CARRIED

Discussion was held regarding the number of fire departments versus the population in our Municipality. It was noted that these volunteer fire departments are used for much more than fire fighting; in some areas they are the backbone of the community.

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 6:48 pm.

-MOTION CARRIED