REGULAR SESSION OF THE 49TH COUNCIL

OF THE

MUNICIPALITY OF THE DISTRICT OF SHELBURNE

November 21, 2011

The Regular Session of the 49th Council of the Municipality of the District of Shelburne was held on Monday, November 21, 2011 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

Councillor Ardith VanBuskirk

Councillor Doris Townsend

Councillor Cathy Holmes

Councillor Roger Taylor

Councillor Norman Wallet

Deputy Warden John Roscoe

Kirk Cox, CAO

Matt MacInnis, Director of Finance

Penny Smith, Municipal Clerk

Erin Hartley, Executive Assistant

Valeria Kean, Waste Diversion Coordinator

Darrell Locke, By-Law Enforcement Officer

ALSO IN ATTENDANCE:

Members of the public and press

1.  CALL TO ORDER:

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

2.  BLESSING:

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

3.  PROCLAMATIONS:

None

4.  APPROVAL OF MINUTES – October 24, 2011

Being duly moved and seconded, be it resolved that the Council Minutes of October 24, 2011 be approved as circulated.

                                                                                                -MOTION CARRIED

APPROVAL OF MINUTES – October 26, 2011

Being duly moved and seconded, be it resolved that the Special Council Minutes of October 26, 2011 be approved as circulated.

                                                                                                -MOTION CARRIED

5.  APPROVAL OF AGENDA

Being duly moved and seconded, be it resolved that the Council Agenda of November 21, 2011 be approved with the following addition:

            10. (a)  Roseway Manor – Councillor VanBuskirk

                                                                                                -MOTION CARRIED

6.  PRESENTATIONS:

None

7.  BUSINESS ARISING FROM THE MINUTES:

None

9.  STAFF REPORTS:

(a)  Beulah Burman Memorial Animal Shelter Society

(b)  Interim Tax Billing – 2012/13

(c)  Contribution to Ken Simpson Municipal Lecture Series Fund

(d)  Investment Ready Strategic Plan

(e)  Registration of Municipal Heritage Property – The Church of the Resurrection- Anglican         Church Cemetery

 9. (a) MOTION: BEULAH BURMAN MEMORIAL ANIMAL SHELTER SOCIETY

Being duly moved and seconded, and as recommended by Committee of the Whole, be it resolved that the staff report regarding Beulah Burman Memorial Animal Shelter Society be approved, which states that:

• Council approve a grant of up to $4,200 to the Beulah Burman Memorial Animal Shelter Society and that the funds be retained to reduce the outstanding taxes to March 31, 2009 on their property in Sandy Point.

-MOTION CARRIED

9.  (b)  MOTION: DUE DATE OF INTERIM TAX BILLING FOR 2012-13

Being duly moved and seconded, and as recommended by Committee of the Whole, be it resolved that the staff report regarding Due Date of Interim Tax Billing for 2012-13 be approved, which states that:

• Item number 5 of the property tax motion passed by Council on June 20, 2011 be amended to read “An interim tax bill be sent for fiscal 2012-13, being 60% of the previous year’s total tax bill with  the due date of the interim tax bill being May 31, 2012.”

-MOTION CARRIED

9. (c)  MOTION: CONTRIBUTION TO THE KEN SIMPSON MUNICIPAL LECTURE SERIES FUND

Being duly moved and seconded, and as recommended by Committee of the Whole, be it resolved that the staff report regarding Contribution to the Ken Simpson Municipal Lecture Series Fund be approved, which states that:

• The Municipality contributes $750 to UNSM in support of the Ken Simpson Municipal Lecture Series Fund with the funds being charged to account 0021210261 Seminars & Conferences.

-MOTION CARRIED

Discussion was held regarding training opportunities for Councillors, staff and the public.

9. (d)  Councillor VanBuskirk declared a conflict of interest.

MOTION: INVESTMENT READY STRATEGIC PLAN

Being duly moved and seconded, and as recommended by Committee of the Whole, be it resolved that the staff report regarding Investment Ready Strategic Plan be approved, which states that:

• The Municipality of Shelburne support the Investment Ready Strategic Plan project from the Shelburne Community Business Development Corporation by contributing $1000 toward project costs.

-MOTION CARRIED

9. (e)  MOTION: REGISTRATION OF A MUNICIPAL HERITAGE PROPERTY – THE CHURCH OF THE RESURRECTION – ANGLICAN CHURCH CEMETERY, CHURCHOVER

Being duly moved and seconded, be it resolved that Council approve the staff report regarding Registration of a Municipal Heritage Property – The Church of the Resurrection – Anglican Church Cemetery, Churchover which states that:

• The Council of the  Municipality of the District of Shelburne register the following site as a municipal heritage property:

                  The Church of the Resurrection – Anglican Church                                Cemetery, Churchover

and that notice be given to the property owner of the Municipality’s  intention to consider the recommendation, in accordance with the Heritage Property Act and the Municipal Heritage By-Law, at its meeting of Monday, January 23, 2012.

                                                                                    -MOTION CARRIED

Discussion was held regarding the benefits of registering a cemetery as a heritage property and it was suggested that any other cemeteries that qualify should also consider applying for the designation. It was noted that the Municipality assumes no additional responsibility for properties that are registered as heritage properties.

8.  PUBLIC HEARING: 

(a)  Dog By-Law D-100                                                                                           5:15 pm

Second and Final Reading

(b)  Solid Waste Management By-Law S-200                                                   5:30 pm

Second and Final Reading

8. (a)  MOTION: ENTER PUBLIC HEARING

Being duly moved and seconded, be it resolved that Council enter the public hearing to discuss Dog By-Law D-100 then resume regular Council session.

-MOTION CARRIED

The Clerk advised that second and final reading of the Dog By-Law D-100 was advertised in the local paper for the weeks of October 31 and November 7, 2011.  It was noted that the by-law has been amended to assume a more proactive approach to dog control and by-law enforcement.  It was also noted that a number of written comments (via email) were received from Pet Projects which were copied to Councillors for their review prior to the meeting.  Warden Embree asked for additional comments from the public.

Renata Tweedy spoke on behalf of Pet Projects and BBMASS noting that they would like to see enforceable limitation regarding penning/tethering of dogs included in the by-law.

Shelly Hipson discussed concerns regarding the safety of residents and children and the impact of continuous chaining on a dogs demeanor.  Statistics from the US were provided to reference cases where children were bitten by chained dogs.

Kelly Baker stated that she is a proud resident of Shelburne and would like the municipality to include an anti-tethering clause in the by-law to assist in preventing abuse of dogs.

Rita Crosby stated that including an anti-tethering clause is a necessity and suggested that the by-law be held over for further research.

Diane Roseti cited an instance of tethering in her community and stated that a dog house is insufficient to maintain the health of a dog.

Sherri Hallet stated that she was an SPCA agent for 10 years in Shelburne County and that the majority of her calls were to investigate tethered dogs.  She also stated that she feels that it needs to be addressed in the by-law in order for it to be stopped; noting that the majority of dogs bred in this area cannot withstand winter elements.

Moyra McRae stated that she has a neighbour who ties their dog outside continuously and has tried to speak with them about it.  She stated that if there is no by-law against tethering it is seen as acceptable behaviour.

Annette Meyer advised that she is a dog breeder and includes an anti-tethering clause in her contracts to purchasers.

Jan Pulfrey stated that she would like to see an anti-tethering clause included even if it can’t be enforced every time as it would act as a deterrent.

Warden Embree thanked the public for their comments and resumed regular Council session.

Discussion was held regarding whether Council would like to continue with second and final reading of the by-law with the option of amending it in the near future or if the by-law should be referred to a future meeting and the by-law approval process be restarted, taking the discussions into account.  Enforceability, winter months, Criminal Code, cruelty to animals as well as the updates to the by-law that could be implemented were discussed.

Council allowed Shelly Hipson to make one final comment.  She advised that the SPCA standards require that dogs have food, water and shelter and that is all that they can enforce.

MOTION: DEFERRAL OF DOG BY-LAW D-100

Being duly moved and seconded, be it resolved that Council refer Dog By-Law D-100 back to committee to discuss further amendments.

-MOTION DEFEATED

MOTION: DOG BY-LAW D-100

Being duly moved and seconded, be it resolved that Council approve second and final reading of Dog By-Law D-100 and consider future amendments.

-MOTION CARRIED

It was noted that amendments should be explored as soon as possible.  Deputy Warden Roscoe advised that either process would have taken approximately the same amount of time and with approving the amended by-law, new practices can be put in place while further amendments are being researched.

8. (b)  MOTION: ENTER PUBLIC HEARING

Being duly moved and seconded, be it resolved that Council enter the public hearing to discuss Solid Waste Management By-Law S-200 then resume regular Council session.

-MOTION CARRIED

The Clerk advised that second and final reading of the Solid Waste Management By-Law S-200 was advertised in the local paper for the weeks of October 31 and November 7, 2011.  It was noted that the by-law has been amended to assume a more proactive approach to solid waste management and by-law enforcement.  It was also noted that no verbal or written comments were received from the public.

Warden Embree called for input from the public, with no response. Regular council session resumed.

MOTION: SOLID WASTE MANAGEMENT BY-LAW S-200

Being duly moved and seconded, be it resolved that Council approve second and final reading of Solid Waste Management By-Law S-200.

-MOTION CARRIED

10.  MEMBERS OF COUNCIL:

(a)  Roseway Manor – Councillor VanBuskirk

10. (a)  Councillor VanBuskirk advised of changes regarding how Roseway Manor will be operated, including that the Department of Health and Wellness providing funds and the District Health Authority managing boards.  It was noted that larger facilities are being shown favoritism and that smaller areas are being pressured into signing an agreement.  Legal counsel has been obtained and a letter was distributed to Council for their information.

Discussion was held regarding Council representation on the Roseway Manor Board.

11.  NOTICE OF MOTIONS:

None

                                                12.  COMMITTEE REPORTS:

None

                                                13.  INFORMATION & OTHER REPORTS:

None

14.  ADDED ITEMS:   

None

                                                15.  “IN CAMERA” MOTIONS:

None

16.  ADJOURNMENT:

With unanimous consent, the meeting adjourned at 6:09 pm and entered into an “In Camera” session to discuss a personnel item.