HomeMy WebLinkAboutCouncil Minutes August 24, 2021 CAPE BRETON REGIONAL MUNICIPALITY
Council Meeting Minutes
Tuesday,
August 24, 2021
6:03 p.m.
Centre 200
Main Concourse
481 George Street, Sydney, NS
Mayor Amanda M. McDougall called the meeting to order.
Council: Mayor Amanda M. McDougall
Councillor Gordon MacDonald
Deputy Mayor Earlene MacMullin
Councillor Cyril MacDonald
Councillor Steve Gillespie
Councillor Eldon MacDonald
Councillor Glenn Paruch
Councillor Steve Parsons
Councillor James Edwards
Councillor Ken Tracey
Councillor Darren O'Quinn
Councillor Lorne Green
Staff. Marie Walsh, Chief Administrative Officer
Jennifer Campbell, Chief Financial Officer
John MacKinnon, Deputy Chief Administrative Officer
Deborah Campbell Ryan, Municipal Clerk
Demetri Kachafanas, QC, Regional Solicitor
Wayne MacDonald, Director of Engineering &Public Works
Michael Ruus, Director of Planning & Development
Paul Burt, Manager of Building, Planning & Licensing Laws
Matt Viva, Manager of Waste Water
Kirk Durning, Manager of Recreation
Mike Targett, Community Consultation Coordinator
Sharon MacSween, Senior Administrative Assistant
Tanya Nicholson, Recording Secretary
Absent: Councillor Darren Bruckschwaiger (Regrets)
Council Meeting- Minutes
August 24, 2021 Approved October 12, 2021 2 of 15
The Council met In Camera earlier this date pursuant to Section 22(2) (e) of the Municipal
Government Act.
Summary of Decisions
Land Acknowledgement
Roll Call
O'Canada
Moment of Silent Reflection:
1. APPROVAL OF MINUTES:
Motion to approve minutes from:
➢ Council Meeting—July 6, 2021
Carried.
2. APPROVAL OF AGENDA:
Motion to approve the August 24, 2021, Council Agenda as circulated. Carried.
3. PROCLAMATIONS & RESOLUTIONS:
3.1 2021 Acadian Day(for ratification):
Motion that Mayor Amanda M. McDougall, Council of the Cape Breton Regional
Municipality proclaim Sunday, August 15'', 2021, as "Acadian Day" and encourage all
residents to celebrate the rich heritage and culture of all Acadians in Nova Scotia and
Canada. Carried.
3.2 Arthritis Month 2021:
Motion that CBRM Mayor Amanda M. McDougall and Council proclaim the month of
September 2021 as "Arthritis Month" and encourage all residents of the CBRM to support
the efforts of the Arthritis Society helping to reach Nova Scotians with their message and
to support those living with the disease. Carried.
Council Meeting- Minutes
August 24, 2021 Approved October 12, 2021 3 of 15
Summary of Decisions (Cont'd):
4. PRESENTATION:
4.1 Cape Breton Local Immigration Partnership:
A presentation was provided on Cape Breton Local Immigration Partnership.
For information only.
5. PROTECTIVE SERVICES ISSUE:
5.1 New Staff Appointments —Bylaw Enforcement Officers:
Motion to appoint Troy Baker and Brittany McLeod as By-Law Enforcement Officers
responsible for the Administration and Enforcement of the CBRM P-100 Parking Bylaw,
T-100 Taxi Bylaw, V-100 Vending Machine Bylaw, V-200 Vendors Bylaw and the
relevant sections of the Motor Vehicle Act pertaining to parking. Carried.
6. CORPORATE SERVICES ISSUE:
6.1 Bid to Host 2023 Brier:
Motion to approve the bid submission and financial requirements to host the 2023 Tim
Hortons Brier. Carried.
7. BUSINESS ARISING:
7.1 Council Meeting—June 15, 2021:
a) Washbrook Flood Mitigation Project Update:
Council agreed that staff would present their Issue Paper and the Community Consultation
Report first, followed by Council discussion.
i) Staff Issue Paper:
Staff presented an Issue Paper on the project history and progress of the Flood Mitigation
Project—Wash Brook Watershed.
ii) Community Consultation Report:
The Mayor's Community Consultation Coordinator provided an updated Wash Brook
Floodwater Containment and Intensity Mitigation Project Group Consultation Report.
Continued...
Council Meeting- Minutes
August 24, 2021 Approved October 12, 2021 4 of 15
Summary of Decisions (Cont'd):
Washbrook Flood Mitigation Proiect Update (Cont'd):
Motion to table this decision until the required permits have been received.
Council recessed at 8:10 p.m. and reconvened at 8:16 p.m.
Motion to table withdrawn.
Motion to postpone the decision and direct staff to bring back the issue once regulatory
permits and approvals are received. Motion to Postpone Defeated.
Motion directing staff to continue with the construction of the remaining portions of
Option Fifteen (15), which includes Pond 5, and the Gilholmes Lake Flow Control
Structure (FCS). Motion Lost.
The Mayor advised the original motion that was carried at the July 10, 2018 meeting of
Council still stands.
7.2 Council Meeting—July 6, 2021:
a) Public Report: Citizen Appointments to Various Committees:
The Municipal Clerk provided a public report on the citizen appointments to various
committees and boards.
For information only.
7.3 Nominating Committee Meeting—August 17, 2021:
a) Citizen Appointments to Various Committees:
Motion to appoint:
• Diversity Committee - Cape Breton University representative
o Candidate 41
• Diversity Committee - Cape Breton-Victoria Regional Centre for Education
representative
o Candidate 43
• Port of Sydney Development Corporation Board — Professional Engineering
Designation
o Candidate 44
Carried.
Continued...
Council Meeting- Minutes
August 24, 2021 Approved October 12, 2021 5 of 15
Summary of Decisions (Cont'd):
8. BY-LAWS & MOTIONS:
8.1 By-Laws:
a) Second/Final Reading—Public Hearing:
i) T-300 —Provisions of Tax Information By-Law:
Motion that the T-300 Provision of Tax Information By-Law be approved for second /
final reading. Carried.
b) First Reading: N/A
9. PLANNING ISSUES:
9.1 CBRM Wildlife Feeding Bylaw Request:
Council agreed to direct staff to look at non regulatory options to be explored as a primary
option to achieve any policy objective.
10. FINANCIAL STATEMENTS:
10.1 CBRM to June 30, 2021:
For information only.
10.2 Port of Sydney Development Corporation to July 31, 2021:
For information only.
11. Review of Action Items from the Meeting:
The Mayor noted there were no action items to be reviewed from the meeting.
ADJOURNMENT
Council Meeting- Minutes
August 24, 2021 Approved October 12, 2021 6 of 15
The Council met In Camera earlier this date pursuant to Section 22(2) (e) of the Municipal
Government Act.
Land Acknowledgement
Roll Call
O'Canada
Moment of Silent Reflection:
Councillor James Edwards recognized the passing of the late Kenneth LeBlanc and
extended sincerest condolences to his family and friends.
1. APPROVAL OF MINUTES:
Motion:
Moved by Councillor Cyril MacDonald, seconded by Councillor Gordon MacDonald,
approval of the Minutes from:
➢ Council Meeting—July 6, 2021
Motion Carried.
Mayor McDougall noted issue 6.1 Bid to Host 2023 Brier, is a competitive bid process that
requires confidential detail that cannot be disclosed at this time to the public to maintain a
competitive edge. Under the advisement of the solicitor the Mayor asked for permission
from Council to go in an In-Camera meeting. The Mayor advised the details will be
publicly disclosed once the bid process is complete. The following motion was brought
forward:
Motion:
Moved by Councillor Parsons, seconded by Councillor Tracey, to move into an In Camera
meeting to discuss the Bid to Host the 2023 Brier.
Motion Carried.
In Camera Session took place at 6:11 p.m.
Council resumed at 6:27 p.m.
Council Meeting- Minutes
August 24, 2021 Approved October 12, 2021 7 of 15
2. APPROVAL OF AGENDA:
Motion:
Moved by Councillor Green, seconded by Councillor O'Quinn, to approve the August 24,
2021, Council Meeting Agenda as circulated.
Motion Carried.
3. PROCLAMATIONS & RESOLUTIONS:
3.1 2021 Acadian Day(for ratification):
Motion:
Moved by Councillor O'Quinn, seconded by Councillor Cyril MacDonald, that Mayor
Amanda M. McDougall, Council of the Cape Breton Regional Municipality proclaim
Sunday, August 15'', 2021, as "Acadian Day" and encourage all residents to celebrate the
rich heritage and culture of all Acadians in Nova Scotia and Canada.
Motion Carried.
3.2 Arthritis Month 2021:
Motion:
Moved by Councillor Gillespie, seconded by Councillor Eldon MacDonald, that CBRM
Mayor Amanda M. McDougall and Council proclaim the month of September 2021 as
"Arthritis Month" and encourage all residents of the CBRM to support the efforts of the
Arthritis Society helping to reach Nova Scotians with their message and to support those
living with the disease.
Motion Carried.
Council Meeting- Minutes
August 24, 2021 Approved October 12, 2021 8 of 15
4. PRESENTATION:
4.1 Cape Breton Local Immigration Partnership:
Ms. Carla Arsenault,President and CEO, Cape Breton Partnership,provided a presentation
on the Cape Breton Local Immigration Partnership, highlighting the following:
Strategic priorities 2019-2022
Survey respondents
• What was learned from newcomers and the community
• What's next
• Belonging is for everyone campaign
Workplace inclusion charter and recognition program
Welcome to Cape Breton Website
• What municipalities can do
Contact information for CBLIP
Ms. Norma Jean MacPhee, Cape Breton Welcome Coordinator, Cape Breton Partnership,
presented the following:
Cape Breton Welcome Network
Spreading the word recruiting volunteers August 2020
Welcome Groups of the Cape Breton Welcome Network
• Let the Welcoming Continue! Welcome Groups connect with newcomers Fall,
2020
• What are Welcome Groups doing to welcome
• Why welcoming matters
• Importance of a Welcome Network
• Activities to date
• How can you help
Contacts
Following the presentation, Ms. MacPhee advised Councillor Edwards if he had new
residents in his District, he could email her and she would forward the information to the
CBRM Welcome Group Chair.
Mayor McDougall thanked Ms. Arsenault and Ms. MacPhee for their presentation.
For information only.
Council Meeting- Minutes
August 24, 2021 Approved October 12, 2021 9 of 15
5. PROTECTIVE SERVICES ISSUE:
5.1 New Staff Appointments —Bylaw Enforcement Officers:
Mr. Paul Burt, Manager of Building,Planning&Licensing Laws, advised that the position
of the Bylaw Enforcement Officer is responsible for the administration and enforcement of
several CBRM bylaws and sections of the Motor Vehicle Act(MVA)pertaining to parking.
Troy Baker and Brittany McLeod were hired for these positions and they must be appointed
by Council to administer same..
Motion:
Moved by Councillor Green, seconded by Councillor Parsons, to appoint Troy Baker and
Brittany McLeod as By-Law Enforcement Officers responsible for the Administration and
Enforcement of the CBRM P-100 Parking Bylaw, T-100 Taxi Bylaw, V-100 Vending
Machine Bylaw, V-200 Vendors Bylaw and the relevant sections of the Motor Vehicle Act
pertaining to parking.
Motion Carried.
The Manager of Building, Planning & Licensing Laws congratulated former Bylaw
Enforcement Officer Ms. Deborah Potter on her recent retirement.
6. CORPORATE SERVICES ISSUES:
6.1 Bid to Host 2023 Brier:
Mayor McDougall advised an In Camera Council meeting was held earlier this evening to
discuss the competitive bid process to host the 2023 Brier.
Mr. Kirk Durning, Manager of Recreation, advised that staff has been working with
Destination Cape Breton to put together a bid package for the 2023 Brier which have
proposed dates for March 3rd—March 12d', 2023. Mr. Durning noted the event is projected
to attract over 100,000 spectators with an estimated economic impact of$10 million. The
fee to host the event is $750,000, which is anticipated to be covered by contributions from
the Municipality, Provincial, and Federal Governments.
Motion:
Moved by Councillor Paruch, seconded by Councillor Tracey, to approve the bid
submission and financial requirements to host the 2023 Tim Hortons Brier.
Motion Carried.
The Mayor thanked staff, as well as Terry Smith, CEO, and Jo-Lanna Murray, Director of
Industry Development of Destination Cape Breton, for their work on this file. The Mayor
also noted that once the bid process has concluded and CBRM has received a response
from Curling Canada on the award of the bid, Council will publicly disclose the details of
the CBRM bid.
Council Meeting- Minutes
August 24, 2021 Approved October 12, 2021 10 of 15
7. BUSINESS ARISING:
7.1 Council Meeting—June 15, 2021:
a) Washbrook Flood Mitigation Project Update:
Council agreed that staff would present their Issue Paper and the Community Consultation
Report first, followed by Council discussion.
i) Staff Issue Paper:
Mr. Wayne MacDonald, Director of Engineering & Public Works, and Mr. Matt Viva,
Manager of Waste Water, presented an Issue Paper on the project history and progress of
the Flood Mitigation Project—Wash Brook Watershed.
ii) Community Consultation Report:
Mike Targett, Mayor's Community Consultation Coordinator provided an updated Wash
Brook Floodwater Containment and Intensity Mitigation Project Group Consultation
Report.
Following the reports, Councillor Paruch noted that Kwilmu'kw Maw'klusuaqn
Negotiations Office (KMKNO) did not give their approval so he brought forward the
following motion.
Motion:
Moved by Councillor Paruch, seconded by Councillor Cyril MacDonald, to table this
decision until the required permits have been received.
Discussion:
• Regulatory process explained, noting that the Federal and Provincial Governments are
responsible for duty-to-consult with First Nations,not the Municipality
• Federal Department of Fisheries and Oceans waiting for final approval from the
KMKNO
• Need approval by mid-September to complete the project this year
At this point in the discussion, the Solicitor advised if the project is tabled, the project will
be stopped along with the approval process.
Discussion (Cont'd):
• Project needs all approvals to proceed
• Benefits to residents and businesses in the flood zone once the project is complete
Continued...
Council Meeting- Minutes
August 24, 2021 Approved October 12, 2021 11 of 15
BUSINESS ARISING: Council Meeting July 15,2021 -Washbrook Flood Mitigation
Proiect Update (Cont'd):
Discussion (Cont'd):
• Mud Lake project benefits (separate project)
• Revision to Pond 5 plan was made in consultation with the Baille Ard Recreational
Association.
At this point Councillor Paruch raised a Point of Order and questioned if the current motion
to table was open for debate. The Solicitor advised a Motion to Table is not debatable and
is only to be used when some other issue to be discussed is more urgent. It is not proper to
use a motion to table to delay a project. A Motion to Postpone would be in order, and the
reason for the postponement and for how long must be stated.
Discussion (Cont'd):
• Gilholmes Lake component of the project
• Former Council made the decision in 2018 to proceed
• Consultation with the Baille Ard group
At this time, Mayor McDougall asked for clarity on the motion.
The Municipal Clerk advised the motion should be written,read in the record and then vote
on same.
Mayor McDougall called for a short recess for Councillor Paruch to draft the motion.
Council recessed at 8:10 p.m. and reconvened at 8:16 p.m.
With the consent of the seconder, Councillor Paruch withdrew the Motion to Table.
The following motion was then put forward:
Motion:
Moved by Councillor Paruch, seconded by Councillor Cyril MacDonald, to postpone the
decision and direct staff to bring back the issue once regulatory permits and approvals are
received.
Discussion:
• Government funding would cease, and the money spent on the project would have to
be repaid
• Director of Public Works & Engineering to circulate the Contribution Agreement to
Council which outlines how the money is to be spent
• No other design would have a similar level of effectiveness
• The intent of regulatory approvals
• Construction timelines
The Mayor called for the vote.
Motion to Postpone Defeated.
Continued...
Council Meeting- Minutes
August 24, 2021 Approved October 12, 2021 12 of 15
BUSINESS ARISING: Council Meeting July 15,2021 -Washbrook Flood Mitigation
Proiect Update (Cont'd):
Motion:
Moved by Councillor Eldon MacDonald, seconded by Councillor Green, directing staff to
continue with the construction of the remaining portions of Option Fifteen (15), which
includes Pond 5, and the Gilholmes Lake Flow Control Structure (FCS).
Discussion:
• Percentage of effectiveness (protection) of berms
• KMKNO consultation required (part of Federal and Provincial approval process)
• Ensure best option to protect property
• Potential future stages of development in Baille Ard
• CBRM compliance with the legislation and best environmental stewardship—must rely
on recommendations of the engineering experts
At this point in the meeting, Deputy Mayor MacMullin assumed Chair so that the Mayor
could participate in discussion.
Mayor McDougall comments included:
• Similar levels of effectiveness
• Consider alternatives such as bioswales; educate homeowners (disconnect storm water
from sewer); root system of trees
• Loss of valuable forest in Baille Ard
• Science is important, but Council must listen to the views of the citizens
Mayor McDougall then resumed the Chair and the discussion on the motion continued.
• Minimizing footprint of the project
• Project scope increased from 3 �/z acres to 7 acres to accommodate concerns of Baille
Ard Trail group to protect sensitive areas of the trail
• Opportunity to work with the Baille Ard group and expand the trail
• More residents using Baille Ard Trail since pandemic started
• If motion is defeated project will be stopped
• Work with ACAP to educate residents on mitigation
• Mud Lake funding would not be affected since the project is complete
• Gilholmes Lake and Pond 5 project is funded through the Disaster Financial Assistance
program
The Mayor then called for the vote on the motion, which resulted in a tie vote (6-6).
Therefore the Motion was lost.
Mayor McDougall explained that because this motion was lost, the original motion that
was carried at the July 10, 2018 meeting of Council still stands.
It was agreed continue the meeting beyond 9:00 p.m.
Council Meeting- Minutes
August 24, 2021 Approved October 12, 2021 13 of 15
BUSINESS ARISING (Cont'd):
7.2 Council Meeting—July 6, 2021:
a) Public Report: Citizen Appointments to Various Committees:
Ms. Deborah Campbell,Municipal Clerk,provided a public report on the successful candidates
for the Port of Sydney Development Corporation Board and Diversity Committee, as follows:
• Port of Sydney Development Corporation Board of Directors (3-year term):
o Expertise in Marketing:
> Lindsay MacIntosh (Candidate 46)
o Expertise in Business and Commerce:
> Gerard Shaw (Candidate 48)
• Diversity Committee (2-year term):
o Community Member at Large
■ Joe Costello
For information only.
7.3 Nomination Committee Meeting—August 17, 2021:
a) Citizen Appointments to Various Committees:
Ms. Deborah Campbell Ryan, Municipal Clerk, provided background information on this
issue.
Motion:
Moved by Councillor Parsons, seconded by Councillor Paruch, to appoint:
• Diversity Committee - Cape Breton University representative
o Candidate 41
• Diversity Committee - Cape Breton-Victoria Regional Centre for Education
representative
o Candidate 43
• Port of Sydney Development Corporation Board — Professional Engineering
Designation
o Candidate 44
Motion Carried.
Council Meeting- Minutes
August 24, 2021 Approved October 12, 2021 14 of 15
8. BY-LAWS & MOTIONS:
8.1 By-laws:
a) Second/Final Reading—Public Hearing:
i) T-300 —Provision of Tax Information By-Law:
Ms. Jennifer Campbell, Chief Financial Officer, provided background information on the
issue.
Motion:
Moved by Deputy Mayor MacMullin, seconded by Councillor Eldon MacDonald, that
the T-300 Provision of Tax Information By-Law be approved for second/final reading.
Public Hearin,:
Chief Financial Officer Jennifer Campbell advised that no public submissions were
received.
Motion Carried.
b) First Reading: N/A
9. PLANNING ISSUE:
9.1 CBRM Wildlife Feeding Bylaw Request:
Mr. Michael Ruus, Director of Planning & Development, advised that the Port Morien
Wildlife Association submitted a request for a new bylaw to be introduced with the intent
to regulate the feeding of wildlife in public parks and on CBRM grounds. Mr. Ruus noted
CBRM does not currently have internal capacity to effectively enforce additional
regulations.
Councillor Gordon MacDonald noted he would like the issue to be discussed at a future
date to have the Port Morien Wildlife Association present to Council.
Council discussed the following:
• Allowing Port Morien Wildlife Association to present before Council at a Special
Council, themed meeting
Staff enforcement at this time is not practical
Other Municipalities adopting similar bylaws
Non-regulatory options before committing operating funds for enforcement of a
new bylaw
• Educating the public
• Public Health and Safety
• "Friends of Wentworth Park" and Signage
Continued...
Council Meeting- Minutes
August 24, 2021 Approved October 12, 2021 15 of 15
PLANNING ISSUE: CBRM Wildlife Feeding Bylaw Request(Cont'd):
At this time Council agreed to direct staff to explore non-regulatory options as a primary
option to achieve any policy objective.
Mayor McDougall advised the Port Morien Wildlife Association would be invited to the
Special Council themed meeting on the environment in the Fall.
10. FINANCIAL STATEMENTS:
10.1 CBRM to June 30, 2021:
Ms. Jennifer Campbell, Chief Financial Officer, noted the CBRM financial statements to
June 30, 2021 contained an error for Technology: Including 911 Comm Centre on (page
181of the agenda) and another for Recreation/Cultural Services (page 195 of the agenda).
Ms. Campbell advised she would recirculate the corrected statements to Council.
For information only.
10.2 Port of Sydney Development Corporation to July 31, 2021:
For Information Only.
11. Review of Action Items from the Meeting:
Mayor McDougall noted there was no action items to be reviewed from the meeting.
Meeting adiourned at 9:47 p.m.
Mayor Amanda M. McDougall Deborah Campbell Ryan
Am Municipal Clerk