REGULAR SESSION OF THE 49TH COUNCIL

OF THE

MUNICIPALITY OF THE DISTRICT OF SHELBURNE

The Regular Session of the 49th Council of the Municipality of the District of Shelburne was held on Tuesday, May 25, 2010 commencing at 5:00 p.m. in the Council Chambers of the Municipal Administration Building, Shelburne, Nova Scotia.

• Warden Sherm Embree
  
• Deputy Warden John Roscoe
  
• Councillor Ardith VanBuskirk
  
• Councillor Norman Wallet
  
• Councillor Cathy Holmes
  
• Councillor Roger Taylor
  
• Councillor Doris Townsend
  
• Kirk Cox, CAO
  
• Penny Smith, Municipal Clerk
  
• Dwayne Carey, Director of Finance
  
• Erin Hartley, Recording Secretary
  

Members of the public

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

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

VON Week - Warden Embree proclaimed May 17-23, 2010 as VON Week in the Municipality of the District of Shelburne.

Being duly moved and seconded, be it resolved that the Council Minutes of April 26, 2010 be approved as circulated.

-MOTION CARRIED

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

13. (d) Town of Shelburne – Dog By-Law Enforcement
9. (l) Appointment of By-Law Enforcement Officer
12. (a) Public Prosecution Services
12. (b) Western Counties Regional Library

-MOTION CARRIED

None

7. (a) It was noted that letters to SWSDA and their Auditors were sent requesting updated financial information; no response has been received.

None

1. Facilities Renewal Needs Analysis and Feasibility Study
   
2. Lighting Replacement in Public Works Garage
   
3. Community Boundaries
   
4. Regional Economic Development
   
5. Dangerous or Unsightly Premises Policy
   
6. Ownership of Former CFS Shelburne
   
7. Volunteer Firefighters’ Accident and Sickness Program
   
8. Winding Down of SWSDA Operations
   
9. CAP Session
   
10. Road Maintenance Agreement
    
11. Judgment Against Property Located in Jordan Falls
    
12. By-Law Enforcement Officer Appointment

Discussion was held regarding LEED Silver standards, increased energy efficiency and releasing the RFP after budget approval.

MOTION: FACILITIES RENEWAL NEEDS ALNALYSIS AND FEASIBILITY STUDY

Being duly moved and seconded, be it resolved that Council accept the staff report regarding Facilities Renewal Needs Analysis and Feasibility Study, which states that:

• The Municipality of the District of Shelburne commit that all new municipal building construction or retrofits be completed at a minimum LEED Silver or equivalent standard;
  
• The Municipality of the District of Shelburne commit to completing a Facilities Renewal Needs Analysis and Feasibility Study for the Municipal Administration Building in cooperation with Service Nova Scotia and Municipal Relations;
  
• The Municipality of the District of Shelburne commit to fund up to 50% of the total cost of this study to a maximum of $25,000;
  
• The Municipality of the District of Shelburne direct staff to seek funding for $20,000 of this project through the Federation of Canadian Municipalities Green Municipal Fund; and
  
• The Municipality of the District of Shelburne direct staff to release the attached Request for Proposals to interested contractors to complete the Needs Analysis and Feasibility Study after the 2010/11 budget has been approved.

-MOTION CARRIED

Discussion was held regarding possibilities for the current administration building in the event it was left vacant and prospective tenants for an up to date facility.

Discussion was held regarding lighting replacement in the Public Works Building by the small business lighting solutions program offered by Nova Scotia Power. It was noted that the lighting replacement was suggested in the 2009 energy audit of the municipal facilities to reduce costs and increase energy efficiency. This program is also available for community halls and the information will be included in the 2010 Municipal Summer Newsletter.

MOTION: COMMUNITY BOUNDARIES

Being duly moved and seconded, be it resolved that Council accept the staff report regarding Community Boundaries, which states that: Council notify affected property owners and emergency first responders of approved community boundary changes.

-MOTION CARRIED

MOTION: REGIONAL ECONOMIC DEVELOPMENT

Being duly moved and seconded, be it resolved that Council accept the staff report regarding Regional Economic Development, which states that: Staff seek support from the Town of Shelburne, Town of Clark’s Harbour and the Municipality of Barrington for a proposal to the Department of Economic and Rural Development for short term resources for the purposes of economic development until a new RDA can be set up.

-MOTION CARRIED

Discussion was held regarding project management, having a staff person work on this short term to help the public access funding opportunities, financial savings and cost sharing with other units.

MOTION: DANGEROUS OR UNSIGHTLY PREMISES POLICY

Being duly moved and seconded, be it resolved that Council accept the staff report regarding Dangerous or Unsightly Premises Policy, which states that:

1. The Municipality of the District of Shelburne approve the attached Dangerous or Unsightly Premises Policy; and
2. Pursuant to Section 345(1) of the Municipal Government Act, the Municipality of the District of Shelburne appoint Darrell Locke as its Administrator.

-MOTION CARRIED

MOTION: OWNERSHIP OF FORMER CFS SHELBURNE

Being duly moved and seconded, be it resolved that Council accept the staff report regarding Ownership of the former CFS Shelburne, which states that: The Municipality of the District of Shelburne present the facts and information regarding SWSDA’s full ownership of the former CFS Shelburne property directly to all Municipal Councils which currently fund SWSDA.

-MOTION CARRIED

Deputy Warden Roscoe voted against this motion. Discussion was held regarding liability for legal bills and the need for future action on this matter.

MOTION: VOLUNTEER FIREFIGHTERS’ ACCIDENT AND SICKNESS PROGRAM

Being duly moved and seconded, be it resolved that Council accept the staff report regarding Volunteer Firefighters’ Accident and Sickness Program, which states that:

1. The Municipality of the District of Shelburne approve the attached Request for Proposals (RFP) for the provision of a Volunteer Firefighters’ Accident and Sickness Program; and
   
   
2. The RFP be sent to the following providers:

• J.G. Veinot Insurance Brokers Ltd. – Axa Insurance
  
• Bell & Grant Insurance -VFIS – Chartis/AIG
  
• MEBA/McKee Employee Benefits Administration Ltd. – Chubb Insurance
  
• RBC –RBC Insurance

-MOTION CARRIED

Discussion was held regarding this benefit being non taxable, the minimum and maximum weekly benefits and it was noted that the Municipality is not committed to accept any proposal.

MOTION: WINDING DOWN SWSDA OPERATIONS

Being duly moved and seconded, be it resolved that Council accept the staff report regarding Winding Down SWSDA Operations, which states that: Council identify all of the property issues that must be considered by the Municipality of Shelburne related to the winding down of SWSDA’s operations; and

(2)	Council advise staff on a course of action to protect the interests of the Municipality of Shelburne related to the winding down of SWSDA’s operations.

MOTION: WINDING DOWN SWSDA OPERATIONS – POSTPONEMENT OF MOTION

Being duly moved and seconded, be it resolved that the main motion regarding the Winding Down of SWSDA Operations be postponed until the next COW or Council Meeting, depending on the timing of the SWSDA meetings. -MOTION CARRIED

Deputy Warden Roscoe voted against this motion. Discussion was held regarding outstanding issues with SWSDA, financial implications and strategizing with options to consider how to eliminate the Municipality’s involvement with SWSDA. It was noted that once the financial information has been received from SWSDA these issues can be addressed more effectively.

MOTION: CAP SESSION

Being duly moved and seconded, be it resolved that Council accept the staff report regarding CAP Session, which states that: Council discuss the points they would like to see put forth at the CAP Session and provide guidance to those attending a session to ensure that the issues important to the Municipality are put forth. -MOTION CARRIED

Discussion was held regarding the need for a program similar to the CAP for long term residents, not just low income residents. Councillor Taylor, Councillor Wallet and Warden Embree will attend a CAP Session along with the Director of Finance.

Discussion was held regarding the Road Maintenance Agreement that the Municipality has with the Department of Transportation. It was noted that the Municipality is paying for more kilometres to be serviced than there actually are. It was suggested that this issue be revisited at some point in the future and that staff research the meaning of ‘local roads’ as it applies to the agreement.

MOTION: JUDGMENT AGAINST PROPERTY LOCATED IN JORDAN FALLS- INTEREST WRITE-OFF

Being duly moved and seconded, be it resolved that Council accept the staff report regarding Judgment against property located in Jordan Falls – Interest Write-Off, which states that:

1. The judgment in the amount of $1,134.00 against property assessed as Account #00283177, PID #80117500 be paid in full by the property owners; and
2. The Municipality of the District of Shelburne write off the total accrued interest in the amount of $1,053.67.

-MOTION CARRIED

Warden Embree voted against this motion. Discussion was held regarding the possibility of writing off the entire judgment as wella s the precedent this would set.

MOTION: APPOINTMENT OF BY-LAW ENFORCEMENT OFFICER

Being duly moved and seconded, be it resolved that Council accept the staff report regarding Appointment of By-Law Enforcement Officer, which states that: Darrell Locke be appointed as By-Law Enforcement Officer for the Municipality of the District of Shelburne.

-MOTION CARRIED

1. Assisted Living Homes for the Elderly – Deputy Warden Roscoe
   
2. MDS Representation - UNSM/NS Government Coastal and Water Management Strategies Meeting – Warden Embree
   

It was noted that there are not enough retirement living opportunities in the Municipality and residents are moving to Bridgewater or Yarmouth for accommodations. It was suggested that staff research this issue and bring back to a future meeting.

It was noted that Warden Embree and Councillor Townsend will attend the June 1st UNSM/NS Government Coastal and Water Management Strategies Meeting. Staff will RSVP on their behalf.

None

1. Public Prosecution Services
   
2. Western Counties Regional Library

Warden Embree and the CAO, along with local RCMP members attended a meeting regarding the local public prosecution office being held by the Provincial Director of Public Prosecution. Discussion was held regarding the possibility of the Shelburne Public Prosecution Office being closed due to budget restrictions. Concerns were raised regarding RCMP service reductions, travel time for RCMP members and lawyers, the possible need for additional manpower, public safety on the street, as well as a decline in overall services related to the law.

MOTION: SHELBURNE PUBLIC PROSECUTION OFFICE

Being duly moved and seconded, be it resolved that a letter be written to the Shelburne County MLA expressing Council’s disappointment and frustrations regarding the possible closure of the Public Prosecution Office in Shelburne and request his support in maintaining this office. - MOTION CARRIED

It was noted that a meeting will be arranged for the Mayors/Wardens and Councillors from all five Shelburne County units to meet with the MLA.

Discussion was held the opening of a new library in Weymouth this summer as well as the Adopt-A-Book Campaign support.

1. Monthly Building Report – April, 2010
   
2. Recreation & Parks Advisory Committee – Meeting, Short listing and Interview Minutes
   
3. Lobster Radio Promotion Campaign - Letter of Support
   
4. Town of Shelburne – Dog By-Law Enforcement
   

The March Building Report was reviewed and it was noted that it was a good start to the building season.

The Recreation and Parks Advisory Committee minutes were reviewed with no discussion.

MOTION: LOBSTER RADIO PROMOTION CAMPAIGN – LETTER OF SUPPORT

Being duly moved and seconded, be it resolved that on the recommendation of the Committee of the Whole, Council write a Letter of Support for the Municipality of Barrington’s application to ACOA for funding under the Community Adjustment Fund for a radio advertising campaign, promoting lobster as a product in all Atlantic Canada. -MOTION CARRIED

Discussion was held regarding the Town of Shelburne’s need for a Dog By-Law Enforcement Officer and their request to use the Municipality’s services when needed at full cost recovery. It was noted that the staff cannot deliver the service for the Town at this time, it may be possible to revisit in the future.

As included in the minutes.

None

Being duly moved and seconded, be it resolved that there being no further business, the meeting be adjourned at 7:21 pm.

-MOTION CARRIED