Council Minutes - February 9, 2010 PDF Print E-mail

Municipality of the District of West Hants
Regular Session of Council
February 9, 2010 7:00 p.m.


1. Roll Call

     R. Dauphinee             Warden
     G. Cochrane               Deputy Warden
     S. Pineo                      Councillor
     R. Matheson               Councillor 
     T. Brown                    Councillor
     G. Shanks                  Councillor
     P. Ainslie                     Councillor
     R. Gaudet                  Councillor
     C. Chislett                  Chief Administrative Officer
     K. Poziomka               Executive Assistant

Regrets:

     R. Allen                      Councillor

Guests:

     J. Sponagle               Staff Sergeant, RCMP

One member of the public was in attendance.

The meeting came to order at 7:00 pm.

2. Approval of Agenda & Additions

MOVED by Councillor Shanks and Councillor Matheson to approve the February 9, 2010 Council Agenda and Additions.

MOTION CARRIED.

Requested to be added to the Agenda:

     • Letter from Stewart McKelvey
     • Discussion regarding in-camera sessions

3. Public Hearing(s)

     • There are no public hearings scheduled.

4. Approval of Council Minutes of January 12, 2010

MOVED by Deputy Warden Cochrane and Councillor Brown that the Council Minutes of January 12, 2010 be approved as circulated, noting any errors or omissions.

MOTION CARRIED.

5. Business Arising from the Minutes or any Related Correspondence

There is no business arising or related correspondence from the Minutes.

6. Presentations

     RCMP Quarterly Report

Warden Dauphinee welcomed Staff Sergeant J. Sponagle to the meeting.

J. Sponagle noted that the Police Advisory Committee met on January 25, 2010. He then reviewed the report for Council. J. Sponagle highlighted that property damage is decreasing. He discussed the RCMP annual performance plan and its priorities. Also discussed was the launch of a parent alert program in April. J. Sponagle briefly talked about traffic education and enforcement and crime reduction. Staffing issues were discussed; some staff have been sent to the Olympics and a new member is coming to the detachment. He also discussed the Windsor District Crime Enforcement Unit. In conclusion to the presentation, J. Sponagle reviewed the false alarm stats.

J. Sponagle responded to a question regarding a gaming charge. He thanked the Warden and the CAO for the meeting with the Commanding Officer, the Inspector and himself.
Warden Dauphinee thanked J. Sponagle for his presentation.

MOVED by Councillor Gaudet and Councillor Shanks that the RCMP Quarterly Report be received and placed on file.

MOTION CARRIED.

7. Report of the Warden

Warden Dauphinee provided a verbal report. He reported that he has been very busy since the last meeting. He has attended:
     • the Hantsport Fire Departments awards presentation;
     • the Eastern Biathlon closing ceremonies that were held at Martock;
     • the CAO and himself toured the Biomedica facility;
     • the announcement regarding sustainable fish farming and toured a facility; and
     • multiple other meetings on various matters.

There was some discussion about who attended the announcement regarding sustainable fish farming.

8. Reconsideration or Rescission of Resolutions of which Notice has been given on a previous day

There are no resolutions of which notice was previously given.

9. Monthly Reports of Committees & Officers

     i. Committee of the Whole

MOVED by Deputy Warden Cochrane and Councillor Matheson that the report of the Committee of the Whole (February 2010) be received and placed on file.

MOTION CARRIED.

      Councillor Conference Attendance Policy

MOVED by Deputy Warden Cochrane and Councillor Gaudet to approve the Municipality of the District of West Hants’ Councillor Conference Attendance Policy. (Copy attached.)

MOTION CARRIED.

     Dog License Fee

MOVED by Deputy Warden Cochrane and Councillor Brown to approve the Municipality of the District of West Hants Dog Licensing Fee, effective April 1, 2010. (Copy attached.)

MOTION CARRIED.

     2010 Canadian Junior Men’s Fast Pitch Championships

MOVED by Deputy Warden Cochrane and Councillor Ainslie to approve the use of the Ste. Croix Recreation Park which would include staff and general items for the period of August 1, 2010 to August 8, 2010 for the 2010 Canadian Junior Men’s Fast Pitch Championships.

MOTION CARRIED.

     Staff Education Policy

MOVED by Deputy Warden Cochrane and Councillor Gaudet to approve the Municipality of the District of West Hants’ Staff Education Policy. (Copy attached.)

MOTION CARRIED.

     Personnel Policy

MOVED by Deputy Warden Cochrane and Councillor Ainslie to approve the Municipality of the District of West Hants’ Personnel Policy 2010-2013. (Copy attached.)

MOTION CARRIED.

     Kings Transit Route Expansion

MOVED by Deputy Warden Cochrane and Councillor Matheson to approve the Kings Transit Route Expansion to include Kendall Lane and the New Windsor Elms and be in agreement if the Town of Windsor expands the route to include the Gladys Manning and Kings Edgehill.

MOTION CARRIED.

     Kings Transit Budget 2010-2011

MOVED by Deputy Warden Cochrane and Councillor Brown to approve that the Kings Transit Budget proposal for 2010-2011 be referred to the budgetary process.

MOTION CARRIED.

     Job Description – Operations & Maintenance Technician

MOVED by Deputy Warden Cochrane and Councillor Gaudet to approve the revised job description for the position of Operations & Maintenance Technician. (Copy attached.)

MOTION CARRIED.

     Salary Review – Public Works – Proposal for Consideration

MOVED by Deputy Warden Cochrane and Councillor Brown to approve to refer the Salary Review for the Public Works Department to the salary review process for all staff.

MOTION CARRIED.

     5-Year Capital Budget

MOVED by Deputy Warden Cochrane and Councillor Ainslie to approve the 5-Year Capital Budget document indicating a total 5 year projection amount of $9,974,550.

MOTION CARRIED.

     Rockwell Property AAN 04017099

MOVED by Deputy Warden Cochrane and Councillor Brown to approve that the Rockwell Property tax account AAN 04017099 be sold by sealed tenders in accordance with the Municipal Government Act Section 141 and other related sections.

MOTION CARRIED.

     Daniel Sherman Lake Duplicate Tax Billing

MOVED by Deputy Warden Cochrane and Councillor Gaudet to approve the reimbursement of $691.81 to Mr. Daniel Sherman Lake retroactive to 1999 due to duplicate tax billings applicable to tax account AAN 03961435.

MOTION CARRIED.

     2010 Municipal Curling Challenge

MOVED by Deputy Warden Cochrane and Councillor Brown to sponsor a municipal team in the 2010 Municipal Curling Challenge in the amount of $150.00 for the registration fees.

MOTION CARRIED.

     Generator for Brooklyn Civic Centre & Fire Department

MOVED by Deputy Warden Cochrane and Councillor Matheson to approve the JEPP funding in the amount of $10,000 for the new generator for the Brooklyn Fire Department/Civic Centre, for the purchase of the generator in the 2009-2010 fiscal year.

MOTION CARRIED.

     REMO Mobile Command Unit

MOVED by Deputy Warden Cochrane and Councillor Brown to approve the JEPP funding for the REMO Mobile Command Centre for the West Hants portion up to $11,371 subject to additional information being received that shows it would be more feasible to purchase a new trailer.

MOTION CARRIED.

     Brooklyn Fire Department

MOVED by Deputy Warden Cochrane and Councillor Matheson that the Municipality of West Hants advance $12,000 to the Brooklyn Fire Department to be recovered in the Brooklyn Fire Department’s 2010-2011 capital budget towards the cost of furniture for the new fire station.

MOTION CARRIED.

MOVED by Deputy Warden Cochrane and Councillor Matheson that the Municipality of West Hants secure the Brooklyn Fire Department’s truck loan with the Victory Credit Union in the amount of $145,724.23 to enable Brooklyn Fire Department to access their investment account which is currently secured against the truck loan.

MOTION CARRIED.

     Lease Agreement – Assante

MOVED by Deputy Warden Cochrane and Councillor Gaudet to extend the lease of Assante until December 31, 2010 or if the space is not utilized by this date consideration will be given to extend the lease for a longer period of time.

MOTION CARRIED.

     Old Township Road – Falmouth

Councillor Matheson spoke on the in-camera session held at the February 2, 2010 Committee of the Whole Meeting. He stated it is his opinion that the discussions and information did not warrant going in-camera.

Councillor Matheson requested that the letter from the law firm Stewart McKelvey be received by Council and opened for discussion.

MOVED by Councillor Matheson and Councillor Pineo that the letter dated February 2, 2010 from Stewart McKelvey be received and placed on file.

MOTION CARRIED.

MOVED by Deputy Warden Cochrane and Councillor Brown that due to the fact of potential financial impacts to the Municipality, that the Municipality write NS Transportation to advise that it will no longer pursue acquisition of the surplus Old Township Road property in Falmouth.

Councillor Matheson stated that he feels the motion is out of order. He cited Bouronot’s Rules of Order that once a motion is defeated, it cannot be reintroduced except in the form of a new proposal that is sufficiently different in its terms, as to constitute a different question. He felt the motion did not constitute a difference.

There was a discussion about the differences between a motion being defeated and a motion being rescinded. It was stated that the previous motion had been rescinded, which means it is no longer on the books.

Warden Dauphinee cited Bouronot’s Rules of Order that the Speaker can rule on the acceptability of any new motions. The Warden ruled that the motion would be permitted.

Councillor Matheson reviewed the situation that has led to this point; that the original motion passed unanimously in November, then the other interested party was identified and the decision changed. The motion was then rescinded and now the vote is that the Municipality is no longer interested.

Councillor Matheson noted that the land is not landlocked. He quoted the dimensions. He also spoke to some quotes from the newspaper made by Warden Dauphinee. Further discussion ensued on other items that have led Council to this point.

There was discussion on the in-camera session. It was agreed upon that the in-camera session had not been required. Councillor Matheson feels that the motion should not be based on something that shouldn’t have happened (the in-camera session). There was also a discussion of verbal legal advice vs. written legal advice and the letter received from Stewart McKelvey.

It was also noted that the Department of Transportation would not sell land to anyone without all legal matters being resolved prior to the sale.

Councillor Matheson concluded by stating that he doesn’t know how a motion can be over turned on nothing substantive.

MOVED by Councillor Matheson and Councillor Pineo to table the motion.

MOTION DEFEATED.

There was a discussion on the amendment of the motion and why it should be amended. There was also a discussion on how the matter could have been handled better.

Also discussed was the migrating of property and the legal ramifications. It was suggested that the Municipality get a legal opinion on this subject.

MOTION CARRIED.

Councillor Matheson and Councillor Pineo voted nay.

     Falmouth Sewage Treatment Plant (Phase 2, revised)

MOVED by Deputy Warden Cochrane and Councillor Ainslie to award the Falmouth Water Treatment Plant Phase 2 project to Mid-Valley Construction (1997) at a cost of $2,576,576.75 HST included.

Councillor Pineo inquired if the successful bid was from the company that completed phase one. R. Sherrard responded that it was. She also inquired if the Municipality had been satisfied with the previous work and R. Sherrard confirmed that yes, everything was fine. There was discussion about implementing penalties if the project is behind schedule; however, if a penalty is implemented, then a bonus for being ahead of schedule needs to be implemented.

R. Sherrard noted that the company had already supplied a work schedule that will be adhered to unless there are circumstances beyond anyone’s control, i.e. delays with vendors, weather, etc.

There was a discussion on the clarification on engineering costs. Also discussed was the approximation in the cost to the resident, and the future potential for phase 3 of this project.

MOTION CARRIED.

     ii. Report of the Planning Advisory Committee

Councillor Pineo reported there had not been a Planning Advisory Committee meeting in January.

MOVED by Councillor Pineo and Councillor Shanks that the Planning Advisory Committee report be received and placed on file.

MOTION CARRIED.

MOVED by Councillor Pineo and Councillor Matheson that the Ashdale General Service Areas be approved as submitted and to take effect 30 days from Council approval.

MOTION CARRIED.

MOVED by Councillor Pineo and Councillor Shanks that the Joint Planning Advisory Committee membership consist of Warden Dauphinee, Chair Pineo, Deputy Warden Cochrane, Councillors Shanks, Allen and Matheson, and citizen members Traci Curry and Raymond Parker.

There was discussion on the membership. Councillor Matheson stepped down from the Committee in order for Councillor Gaudet to participate.

AMENDED MOTION

MOVED by Councillor Pineo and Councillor Shanks that the Joint Planning Advisory Committee membership consist of Warden Dauphinee, Chair Pineo, Deputy Warden Cochrane, Councillors Shanks, Allen and Gaudet, and citizen members Traci Curry and Raymond Parker.
Councillor Ainslie commented that if anyone else wanted to step down, she would be interested in joining the Committee. This will be revisited when all Councillors are present.

MOTION CARRIED.

     iii. Report of Chief Administrative Officer

MOVED by Councillor Pineo and Councillor Brown that the CAO report be received and placed on file.

MOTION CARRIED.

The Business Park Feasibility Study was briefly discussed.

C. Chislett commented that the pending presentations for Joint Council are accumulating, there may be three for the February meeting. Warden Dauphinee commented that when he is meeting with Ministers, he is requesting that the CAO join him. This is working out well.

     iv. Report of Hants RDA Representative

Councillor Gaudet reported the HRDA met on February 3, 2010. The RDA has a new logo. The brochure for perspective businesses looking at West Hants is being updated. The information has always been there and was presented to Joint Council in Hantsport nine months. It can be tailored as required for particular businesses. The brochure is also available on CD. The RDA is dealing with the appeal process from its review and is waiting to hear back from the Province.

     v. Report of Regional Emergency Management Organization

Deputy Warden Cochrane reported that the January meeting was cancelled.

     vi. Fire Advisory Committee

Councillor Matheson reported that the budget meetings are in progress. He provided a verbal schedule of the upcoming meetings. The Hantsport truck purchase is complete; the West Hants portion is approximately 30%.

     vii. Police Advisory Committee

Councillor Gaudet reported that the False Alarm By-law will be moving forward after the April meeting. There was discussion about adding another officer to the detachment and the funding would come from West Hants. There will be a special Committee meeting to discuss it. The quarterly meetings have been moved up by one week as opposed to the last week of the month.

     viii. Kings Transit

Councillor Matheson reported that there had been no meeting.

     ix. Other Committee Reports or Recommendations

There were no Committee reports or recommendations.

     x. Referrals from Joint Council

There was not a Joint Council meeting held in January.

10. Correspondence

     i. January 5, 2010 – NS Transportation – Draft Interchange Access Policy

MOVED by Deputy Warden Cochrane and Councillor Brown that the correspondence dated January 5, 2010 from NS Transportation re: the Draft Interchange Access be received an placed on file.

MOTION CARRIED.

     ii. January 19, 2010 – National Defense – 100th Anniversary Community Presentation

MOVED by Councillor Gaudet and Councillor Brown that the correspondence dated January 19, 2010 from National Defense re: 100th Anniversary Community Presentation be received and placed on file.

MOTION CARRIED.

    iii. January 21, 2010 – Library Boards Association of NS – “Stand Up for Libraries”

MOVED by Councillor Pineo and Councillor Matheson that the correspondence dated January 21, 2010 from Library Boards Association of NS re: “Stand Up for Libraries” be received and placed on file.

MOTION CARRIED.

     iv. January 25, 2010 – NS Transportation – Access to Lands at Highway 101 (Exit 5)

MOVED by Councillor Matheson and Councillor Ainslie that the correspondence dated January 25, 2010 from NS Transportation re: Access to Lands at Highway 101 (Exit 5) be received and placed on file.

MOTION CARRIED.

Warden Dauphinee noted that they were led to believe that we could do a traffic study by the engineer here and that we could get access to that land at a reasonable cost. When the Warden met with several supervisors it was explained in an entirely different way and the cost would be over $100,000. A discussion ensued on this topic. The Warden believes the discussions will be ongoing.

     v. January 28, 2010 – Annapolis Valley Housing Authority – Board Appointment

MOVED by Councillor Pineo and Councillor Brown that the correspondence dated January 28, 2010 from Annapolis Valley Housing Authority re: Board Appointment be received and placed on file.

MOTION CARRIED.

MOVED by Councillor Pineo and Councillor Ainslie that Dale Cochrane be recommended for extension of his term to the Board of the Annapolis Valley Housing Authority.

MOTION CARRIED.

11. Miscellaneous / New Business

Councillor Pineo briefed everyone regarding the presentation by Minister Steele’s that she attended. She voiced her concerns about what she heard at the meeting regarding increasing HST and raising taxes.

12. Adjournment

MOVED by Councillor Matheson and Councillor Pineo that the meeting adjourn.

MOTION CARRIED.

The meeting adjourned at 8:45 p.m.

 

 {Original signed by:}

 

 

_________________________                                    ______________________
R. Dauphinee                                                                 C. Chislett
Warden                                                                         Chief Administrative Office
 

Last Updated on Friday, 05 March 2010 13:34