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HomeMy WebLinkAboutMarch 15th, 2005 Council Minutes CAPE BRETON REGIONAL MUNICIPALITY Council Meeting Council Chambers nd 2 Floor Civic Center 320 Esplanade, Sydney, N.S. th March 15, 2005 6:00 p.m. Mayor Morgan called the meeting to order. Present: Mayor John W. Morgan Deputy Mayor Claire Detheridge Councillor Brian Lahey Councillor Lee McNeil Councillor Vince Hall Councillor Darren Bruckschwaiger Councillor Frank Morrison Councillor Jim MacLeod Councillor Ray Paruch Councillor Tom Wilson Councillor Charlie Long Councillor Richard Fogarty Councillor Esmond Marshall Councillor Gordon MacLeod Councillor Clarence Prince Councillor Wes Stubbert Staff: Jerry Ryan, CAO Bernie White, Municipal Clerk Robin Campbell, Q.C., Solicitor Doug Foster, Director of Planning Mike MacKeigan, Manger of Utilities Administration Malcolm Gillis, Planner, Manager of Development Ken Smith, Property Management Services Deborah Campbell, Assistant Municipal Clerk Cathy MacIntyre, Recording Secretary. Absent: Councillor Kevin Saccary th CBRM Council Minutes – March 15, 2005 Pg. 2 th Summary of Decisions – CBRM Council March 15, 2005: 1. Prayer: Mayor Morgan opened the meeting with a prayer and offered condolences to the family, friends and community of Mayerthorpe, Alberta, on the tragic loss of four Royal Canadian Mounted Police who were killed in the line of duty in early March. 2. Approval Of Minutes: th - Motion to approve the minutes of February 15 and nd February 22, 2005. 3. Delegations: a. Project Proposal – Development of the Northside Waterfront Area: - Motion to support in principle. 4. Planning Issues: Planning Advisory Committee’s First Review of the CBRM Municipal Planning Strategy and its Land Use By-law APROVAL TO ADVERTISE: a) Land Use By-law Amendments – Motion to conduct a Public Hearing at the April meeting. b) Municipal Planning Strategy Amendments : –Motion to conduct a Public Hearing at the April meeting. PUBLIC PARTICIPATION PROGRAM: - Motion to conduct a Public Participation Program to proceed with amendments as listed. STREET CLOSING – Duke Street, Sydney: -Motion to approve. 5. Business Arising: th Public Services Committee – February 17, 2005: a. Battery Point Sewage Treatment Facility – Staffing: - Motion to endorse staff recommendation. th Corporate Services Committee – March 7, 2005: a. CBRM Draft Pension Policy (Pre-Amalgamation Employees): - Motion to approve. th CBRM Council Minutes – March 15, 2005 Pg. 3 th Summary of Decisions – CBRM Council – March 15, 2005: Business Arising Continued: b. Request to Donate Property – Menelik Hall Association: - Motion to approve. th Corporate Services Committee – March 7, 2005: c. Memorandum of Agreement – CBRM/CUPE – Local 759 (Outside Workers): - Motion to authorize signing. 6. Reports, Project Updates: th a. Monthly Financial Reports for Period Ending February 28, 2005: - Motion to accept. b. Cape Breton County Economic Development Authority (CBCEDA) - Year-In Review - Power Point Presentation: Motion to refer to the 2005/06 Budget Deliberations. 7. By-Laws, Resolutions, Motions, Notice Of Motions: BY-LAWS: st 1 Reading: N/A 2nd & Final Reading: N/A RESOLUTIONS: ndth a. Canadian University Press: - Motion to proclaim the week of January 22 to 28, 2006 as “National Student Press Week”. b. Clearwater Arctic Surf Clam Processing Facility – North Sydney: - Motion to write to the Federal Minister of Fisheries requesting an explanation on Clearwater’s obligations to processing its catch at North Sydney. c. International Day for the Elimination of Racial Discrimination: - Motion to st proclaim March 21, 2005. th CBRM Council Minutes – March 15, 2005 Pg. 4 th Summary of Decisions – CBRM Council – March 15, 2005: d. The Kidney Foundation – Cape Breton Chapter: - Motion to proclaim the month of March as “Kidney Month”. e. Rising Insurance Costs: - Motion to write to Premier Hamm and Members of the Legislation to take action. f. Albert Bridge Volunteer Fire Department – Fundraising Project: - Motion to support in principle. g. Proposed Bill – Amendment to the Income Tax Act: – Volunteer Firemen: - Motion to write letter of support to MP Rodger Cuzner. MOTIONS & NOTICE OF MOTIONS N/A th CBRM Council Minutes – March 15, 2005 Pg. 5 1. Prayer: Mayor Morgan opened the meeting with a prayer and offered condolences to the family, friends and community of Mayerthorpe, Alberta, on the tragic loss of four Royal Canadian Mounted Police who were killed in the line of duty in early March. 2. Approval Of Minutes: Motion: Moved by Deputy Mayor Detheridge, seconded by Councillor Morrison Motion approval of the February 15th, and February 22nd, 2005 Council Minutes. carried. 3. Delegations: a. Project Proposal – Development of the Northside Waterfront Area: The Chair welcomed Mr. Brian Young, Mr. Wayne Scott, Mr. Wayne MacNeil, Mr. Bill Black and Mr. Vince Garnier, members of the Development of the Northside Waterfront Area Committee. Mr. Young and Mr. Scott provided a Power Point Presentation entitled “North Sydney Science Center – an Important Part of Tourism Infrastructure for Cape Breton”. They also provided a copy of the “Archibald’s Wharf Final Report, 2004” - (Copies on file in Clerk’s Office) The following is a summary of topics covered in the Power Point Presentation: ?Target Markets, ?Building Concept, ?Space Analysis, Theme Structure, ? ?The Lynk ?Earth Pod ?Space Pod ?Main Pod Mr. Young advised that they are seeking funding from the Cape Breton Growth Fund and are seeking Council’s support in principle for their proposal. th CBRM Council Minutes – March 15, 2005 Pg. 6 Delegations Continued: Project Proposal – Development of the Northside Waterfront Area: Motion: Moved by Councillor Prince, seconded by Councillor Stubbert to support in principle the Project Proposal entitled “Development of the Northside Waterfront Area” and instruct staff to write to ECBC officials encouraging them to provide funding from the Cape Motion carried. Breton Growth Fund. 4. Planning Issues: Planning Advisory Committee’s First Review of the CBRM Municipal Planning Strategy and its Land Use By-law APROVAL TO ADVERTISE: a) Land Use By-law Amendments Motion: Moved by Councillor Hall, seconded by Councillor MacNeil approval of a resolution to conduct a Public Hearing during its April meeting to consider adopting a series of Motion carried. amendments to the CBRM’s Land Use By-Law. b) Municipal Planning Strategy Amendments Motion: Moved by Councillor Hall, seconded by Councillor McNeil approval of a resolution to conduct a Public Hearing during its April meeting to consider adopting an amendment to the CBRM’s Municipal Planning Strategy and Land Use By-law to permit utility scale Motion carried. wind turbines as a general provision throughout the CBRM. PUBLIC PARTICIPATION PROGRAM: ? Motion : Moved by Councillor Hall, seconded by Councillor Morrison that a Public Participation Program be conducted to proceed with the proposed Municipal Planning Strategy amendments listed in the staff report. The Public Participation Program will consist of an open house in the Civic Motion carried. Centre. th CBRM Council Minutes – March 15, 2005 Pg. 7 STREET CLOSING – Duke Street, Sydney: ? Motion : Moved by Councillor Hall, seconded by Councillor Paruch to proceed with narrowing the sector of Duke Street directly north of the hardware store property from its 50 ft. width to Motion a 40 ft. width in order to allow for an expansion of the Ashby Home Hardware. carried. 5. Business Arising: th Public Services Committee – February 17, 2005: a. Battery Point Sewage Treatment Facility – Staffing: - Motion: Moved by Councillor Prince, seconded by Councillor Stubbert the endorsement of the following: ?Authorize CBRM staff to immediately advertise for and hire three Sewage Treatment Plant Operators; ?That positions be fully budgeted for in future years under the operational costs for the Battery Point Sewage Treatment Facility; ?The method of allocation and recovery of expenses incurred by this operation will be presented to Committee for consideration during the 2005-2006 budget process. Motion carried. th Corporate Services Committee – March 7, 2005: a. CBRM Pension Policy (Pre-Amalgamation Employees): Motion : Moved by Deputy Mayor Detheridge, seconded by Councillor Jim MacLeod the approval Motion carried. of the “CBRM Pension Policy – (Pre-Amalgamation Employees”. th CBRM Council Minutes – March 15, 2005 Pg. 8 Business Arising Continued: b. Request to Donate Property – Menelik Hall Association: Motion: Moved by Deputy Mayor Detheridge, seconded by Councillor Jim MacLeod to approve the donation of a 3,995 sq. ft. lot located on Tupper Street to the Menelik Hall Motion carried. Association for $1.00. th Corporate Services Committee – March 7, 2005: c. Memorandum of Agreement – CBRM/CUPE – Local 759 (Outside Workers): - Motion: Moved by Deputy Mayor Detheridge, seconded by Councillor Jim MacLeod to authorize the signing of the Memorandum of Agreement “Addendum to Collective Agreement” th between the CBRM and CUPE Local 759 (Outside Workers) effective November 20, st Motion carried. 2004 to October 31, 2005. 6. Reports, Project Updates: th a. Monthly Financial Reports for Period Ending February 28, 2005: Motion : Moved by Councillor Morrison, seconded by Councillor Jim MacLeod to accept the th monthly financial statements for period ending February 28, 2005. Discussion: The CAO advised that he would have the Director of Finance provide a report on the following departmental budgets: ?Engineering and Public Works, Motion carried. ?Center 200 - th CBRM Council Minutes – March 15, 2005 Pg. 9 Reports Continued: b. Cape Breton County Economic Development Authority (CBCEDA) - Year-In Review - Power Point Presentation: The Chair welcomed Chief Executive Officer, Eileen Lannon Oldford, assisted by Jo- Lanna Murray and members of the CBCEDA staff. Ms. Oldford presented a formal review of CBCEDA on its current fiscal year Business Plan (Copy on file in Clerk’s Office). She advised that they are requesting the same level of funding as in previous years ($200,000.00). Motion: Moved by Deputy Mayor Detheridge, seconded by Councillor Jim MacLeod that the financial request from CBCEDA be referred to the 2005/06 Budget Deliberations. Motion carried. 7. By-Laws, Resolutions, Motions, Notice Of Motions: BY-LAWS: st 1 Reading: N/A 2nd & Final Reading: N/A RESOLUTIONS: a. Canadian University Press: Motion: Moved by Councillor Hall, seconded by Councillor Morrison to proclaim the week of January 22nd to 28th, 2006 as “National Student Press Week”. Discussion: Councillor Hall noted that the proclamation is before Council for consideration ten months prior to the actual week, as the group wanted the CBRM Council to be one of the Motion carried. first Council’s to approve the proclamation. th CBRM Council Minutes – March 15, 2005 Pg. 10 Resolutions Continued: b. Clearwater Arctic Surf Clam Processing Facility – North Sydney: Motion: Moved by Councillor Gordon MacLeod, seconded by Councillor Prince that staff write to the Honourable Geoff Regan, Federal Minister of Fisheries and Oceans, requesting an explanation on Clearwater’s obligations with respect to processing its catch in North Motion carried. Sydney under its existing license. c. International Day for the Elimination of Racial Discrimination: Motion: Moved by Councillor Jim MacLeod, seconded by Deputy Mayor Detheridge to proclaim st March 21, 2005 as “International Day for the Elimination of Racial Discrimination”. Motion carried. d. The Kidney Foundation – Cape Breton Chapter: Motion: Moved by Councillor Long, seconded by Councillor Jim MacLeod to proclaim the month Motion carried. of March as “Kidney Health Month”. e. Rising Insurance Costs: Motion : Moved by Councillor Prince, seconded by Councillor Stubbert that staff write to Premier John Hamm and local members of the Legislative Assembly calling upon them to take the immediate action and leadership necessary to restore the balance and stability of the Insurance Industry by working on behalf of consumers to solve the problems facing the Motion industry and uncover the factors behind rising claims costs in the Province. carried. th CBRM Council Minutes – March 15, 2005 Pg. 11 Resolutions Continued: f. Albert Bridge Volunteer Fire Department – Fundraising Project: Motion : Moved by Councillor Lahey, seconded by Deputy Mayor Detheridge that Council support of the “Albert Bridge Winter Carnival Committee” in recognition of the importance of raising public awareness and encourage CBRM residents to join in the thth activities planned for the March 16 to March 19 Winter Carnival activities. The Group was recognized for their efforts in donating their proceeds to the Local Food Bank, Cape Breton Burn Care Society (Children’s Burn Camp) and the Albert Bridge Community Motion carried. Fire Truck Fund. g. Proposed Bill – Amendment to the Income Tax Act: – Volunteer Firemen: Motion: Moved by Councillor Fogarty, seconded by Councillor Lee McNeil that Council go on record in strong support of the proposed amendment to the Volunteer Fire Services Act that will provide a tax break for volunteer work performed by volunteer firefighters, first responders and search and rescue volunteers and forward a letter of support to MP nd Rodger Cuzner who will be making a presentation at the 2 reading of the Bill before the Motion carried. Standing Committee on Finance for Review in the near future. MOTIONS & NOTICE OF MOTIONS N/A th Meeting Adjourned. Date of Next Meeting: April 19, 2005 ____________________________________ Mayor John W. Morgan ____________________________________ Municipal Clerk Bernie White th CBRM Council Minutes – March 15, 2005 Pg. 12