HomeMy WebLinkAboutCouncil Minutes June 15, 2021 CAPE BRETON REGIONAL MUNICIPALITY
Council Meeting Minutes
Tuesday,
June 15, 2021
6:01 p.m.
Via Video Conferencing
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 Bruckschwaiger
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 Wastewater
Sean MacLellan, Supervisor Engineering Services
Gil Boone, Staff Sergeant—CBRPS
Sheila Kolanko, Property Manager
Allan Clarke, Manager of Recreation, Parks, Grounds & Buildings
Karen Neville, Senior Planner
Kristen Knudskov, Planner
Sharon MacSween, Senior Administrative Assistant
Tanya Nicholson, Recording Secretary
Absent: N/A
Council Meeting- Minutes
June 15, 2021 Approved July 6, 2021 2 of 16
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
Moment of Silent Reflection
The passing of former Councillors Rod MacArthur and Murray Johnston was recognized.
Also the tragic passing of former Librarian Ian Macintosh was also acknowledged by
Council.
1. APPROVAL OF MINUTES:
Motion to approve minutes from:
➢ Special Council Meeting—March 30, 2021
Carried.
Motion to approve minutes from:
➢ Council—May 18, 2021
Carried.
2. APPROVAL OF AGENDA:
Item 10.1 b)i) was removed from the Agenda
Motion to approve the June 15, 2021 Council Agenda as amended. Carried.
3. PROCLAMATIONS & RESOLUTIONS:
3.1 Filipino Heritage Month:
Motion that CBRM Mayor Amanda M. McDougall and Council hereby declare the month
of June as "Filipino Heritage Month" in the Cape Breton Regional Municipality. Carried.
Continued...
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June 15 2021 Approved July 6, 2021 3 of 16
Summary of Decisions (Cont'd)
PROCLAMATIONS & RESOLUTIONS (Cont'd):
3.2 National Indigenous History Month:
Motion CBRM Mayor Amanda M. McDougall and Council hereby declare the month of
June as National Indigenous History Month in the Cape Breton Regional Municipality.
Carried.
4. PRESENTATION:
4.1 PAL Airlines:
PAL Airlines provided a presentation to Council on route expansion, including the launch
of flight service from the J.A. McCurdy Sydney Airport.
For information only.
5. STREET CLOSING—PUBLIC HEARING:
a) Portion of Eighth Street, New Waterford, District 11 (New Waterford
Hub Proiect):
Motion for approval of the closure of a portion of Eighth Street, New Waterford, and to
deem that portion of Eighth Street, New Waterford(as outlined in red on the map attached
to the staff report dated June 15, 2021) surplus and convey to the Province of Nova Scotia
as part of the transfer of land required for the New Waterford Hub Project. Carried.
6. PLANNING ISSUES:
6.1 FINAL APPROVAL —PUBLIC HEARINGS:
a) Request to Purchase CBRM Land and Zoning Amendment
Application (Case 1081) by Menelik Hall Society - Laurier
Street and Tupper Street, Whitney Pier:
Motion to approve the sale of portions of CBRM properties PID 15547284,PID 15609902,
PID 15609910, and PID 15609928 identified on Attachment F of the staff report dated June
4, 2021, for the sum of$1.00 to the Menelik Hall Society Carried.
Continued...
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June 15 2021 Approved July 6, 2021 4 of 16
Summary of Decisions (Cont'd):
PLANNING ISSUES-FINAL APPROVAL—PUBLIC HEARINGS - Request to
Purchase CBRM Land and Zoning Amendment Application (Case 1081)by Menelik
Hall Society-Laurier Street and Tupper Street,Whitney Pier (Cont'd):
Motion for final approval of the zoning amendment request by Menelik Hall Society on
PID 15130438, PID 15130446, PID 15130628, PID 15130610 and PID 15130636 to
Central Business District(CBD) Zone. Carried.
b) Case 1082: Rural CBRM and Rural CBRM—No Mobile Home
Zones:
Motion for final approval of the amending bylaw to remove the Rural CBRM—No Mobile
Homes (RCB-NM) Zone from the Land Use Bylaw, and to apply the Special Provision for
Grand Lake Road/Sydney Road within the Rural CBRM (RCB) Zone, as outlined in the
staff report dated June 7, 2021. Carried.
6.2 APPROVAL TO ADVERTISE:
a) Case 1083: Request for a Three-Unit Apartment at 52 King
Street, North Sydney (PID 15024383; District 2):
Motion for approval to advertise Notice of a Public Hearing to consider the application by
Lisa Penny to permit a 3-unit apartment at 52 King Street,North Sydney, by amending the
zoning for PID 15024383 from Residential Urban C (RUC) to Residential Urban 3-Unit
(RU3). Carried.
7. BUSINESS ARISING:
7.1 Council Meeting—May 18, 2021:
a) Public Report: Citizen Appointments to Various Committees:
The Municipal Clerk provided a public report on the Citizen Appointments to various
Committees.
For information only.
Continued...
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June 15 2021 Approved July 6, 2021 5 of 16
Summary of Decisions (Cont'd):
BUSINESS ARISING (Cont'd):
7.2 In-Camera Council Meeting—June 15, 2021:
a) Report per Section 22 (2) (e) of Municipal Government Act
(Contract Negotiations):
Motion to approve the extension of the current contract for three years beyond the end date
of the contract as referenced in the terms of the Option and Development Agreement with
Sydney Harbour Investment Partners Inc. (SHIP), and the formation of a CBRM Steering
Committee to assist in the advocacy and work required to move the project forward.
Carried.
8. COUNCILLOR AGENDA REQUEST:
8.1 Baille Ard Trail Flood Miti2atin2 Proiect:
Motion that staff be requested to prepare an issue paper on the progress of the Baille Ard
Trail flood mitigation project and an update on what benefits and impacts are expected in
the affected areas, and request all movement towards the next phase be paused until the
issue paper comes back to Council for further discussion and additional considerations.
Carried.
9. CORPORATE SERVICES ISSUES:
9.1 Taxi By-law—Amendment Request:
Motion to direct staff to initiate a review of the Taxi By-law in its entirety, which would
involve the establishment of a Working Group consisting of representatives of the taxi
industry, taxi users, interested parties, members of the public, CBRM Staff, and a member
of Council, as outlined in Option 3 of the staff report dated April 20, 2021. Carried.
9.2 Appointment of Development Officer:
Motion to appoint Colleen Clare as a Development Officer for CBRM, in accordance of
Section 243 of the Municipal Government Act. Carried.
Council Meeting- Minutes
June 15 2021 Approved July 6, 2021 6 of 16
Summary of Decisions (Cont'd):
10. BY-LAWS & MOTIONS:
10.1 By-laws:
a) Second/Final Reading—Public Hearing:
i) N/A
b) First Reading:
i) Tow Truck Licencing By-law -Proposed Amendments:
This item has been removed from the Agenda.
ii) Parking Meter By-law T-5 -Proposed Amendments:
Motion to approve for first reading the proposed amendments to the Parking Meter By-
law T-5, as presented. Carried.
11. Review of Action Items from the Meeting:
Mayor McDougall reviewed a list of action items from this meeting.
ADJOURNMENT
Council Meeting- Minutes
June 15, 2021 Approved July 6, 2021 7 of 16
The Council met In Camera earlier this date,pursuant to Section 22(2)(e)of the Municipal
Government Act.
Land Acknowledgement
Roll Call
Moment of Silent Reflection
Councillor Steve Gillespie recognized the passing of Rod MacArthur, former County of
Cape Breton and CBRM Councillor; and Murray Johnston, former Deputy Mayor for the
Town of Sydney Mines and CBRM Councillor. Condolences was offered to their families.
Councillor Glenn Paruch recognized the tragic passing of Ian MacIntosh, former Cape
Breton Regional Library Regional Librarian.
1. APPROVAL OF MINUTES:
Motion:
Moved by Councillor Green, seconded by Councillor Cyril MacDonald, approval of the
Minutes from:
➢ Special Council Meeting—March 30, 2021
Motion Carried.
Motion:
Moved by Councillor Parsons, seconded by Councillor Tracey, approval of the Minutes
from:
➢ Council Meeting—May 18, 2021
Motion Carried.
2. APPROVAL OF AGENDA:
Mayor McDougall noted that the Tow Truck Licencing By-law —Proposed Amendments
has been removed from the agenda to allow staff time to undertake further analysis of
additional input received and consultation with stakeholders.
Motion:
Moved by Deputy Mayor Earlene MacMullin, seconded by Councillor O'Quinn, to
approve the June 15, 2021 Council Meeting Agenda as amended.
Motion Carried.
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June 15 2021 Approved July 6, 2021 8 of 16
3. PROCLAMATIONS & RESOLUTIONS:
3.1 Filipino Heritage Month:
Motion:
Moved by Deputy Mayor Earlene MacMullin, seconded by Councillor Cyril MacDonald,
that CBRM Mayor Amanda M. McDougall and Council hereby declare the month of June
as "Filipino Heritage Month" in the Cape Breton Regional Municipality.
Motion Carried.
3.2 National Indigenous History Month:
Motion:
Moved by Councillor Cyril MacDonald, seconded by Councillor Gordon MacDonald that
CBRM Mayor Amanda M. McDougall and Council hereby declare the month of June as
National Indigenous History Month in the Cape Breton Regional Municipality.
Motion Carried.
4. PRESENTATION:
4.1 PAL Airlines:
Janine Brown, Director of Business Development & Sales, and Stephen Short, Sales
Manager of PAL Airlines, provided a presentation on the PAL Airlines route expansion,
including the launch of flight service from the J.A. McCurdy Sydney Airport, highlighting
the following:
• EIC Family of Companies
• PAL Group of Companies
• Who We Are
Our Fleet
Commitment to Safety
Scheduled Service
Charters and Cargo Services
Community Involvement
• Flex Plus Program
Continued...
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June 15 2021 Approved July 6, 2021 9 of 16
PRESENTATION—PAL Airlines (Cont'd):
Following the presentation, Council discussion included:
COVID-19 testing at airports
• Launch date postponed to the end of July
Same day flights option
• Flex Plus Program
• Introductory rate from Sydney to Halifax
• Interline agreements
Online job postings for PAL Airlines
Mayor McDougall thanked Ms. Brown and Mr. Short for their presentation.
For information only.
5. STREET CLOSING—PUBLIC HEARING:
a) Portion of Eighth Street,New Waterford, District 11 (New Waterford
Hub Proiect):
Sheila Kolanko, Property Manager, provided background information on this issue.
Motion:
Moved by Councillor O'Quinn, seconded by Councillor Tracey, approval of the closure of
a portion of Eighth Street, New Waterford, and to deem that portion of Eighth Street (as
outlined in red on the map attached to the staff report dated June 15, 2021) surplus and
convey to the Province of Nova Scotia as part of the transfer of land required for the New
Waterford Hub Project.
Public Hearing:
The Property Manager noted there were three (3) email submissions received in favour,
three (3) email submissions received against the street closure and one (1) voice mail that
was a general inquiry related to future traffic flow and parking.
Motion Carried.
Continued...
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June 15 2021 Approved July 6, 2021 10 of 16
6. PLANNING ISSUES:
6.1 FINAL APPROVAL —PUBLIC HEARINGS:
a) Request to Purchase CBRM Land and Zoning Amendment
Application (Case 1081) by Menelik Hall Society - Laurier Street
and Tupper Street,Whitney Pier:
Karen Neville, Senior Planner,provided background information on this issue.
Mayor McDougall welcomed Michael Morrison, President of the Menelik Hall Society
who was in attendance and provided a presentation on behalf of the Menelik Hall Society.
Mr. Morrison thanked Mayor and Council for their involvement and expressed
appreciation for the contribution of land for the expansion of Menelik Hall. He advised that
the hall will soon be able to accommodate more people and meet the community needs and
social connections. Mr. Morrison invited Mayor and Council to visit the Hall and thanked
Councillor Green and staff for their efforts to make the expansion possible.
Mayor McDougall and Councillor Green thanked Mr. Morrison for his presentation and
his efforts on behalf of the Black Community.
Motion:
Moved by Councillor Green, seconded by Councillor O'Quinn, to approve the sale of
portions of CBRM properties PID 15547284, PID 15609902, PID 15609910, and PID
15609928 identified on Attachment F of the staff report dated June 4, 2021, for the sum of
$1.00 to the Menelik Hall Society.
Public Hearing:
The Senior Planner noted there were no submissions on this issue.
Motion Carried.
Motion:
Moved by Councillor Green, seconded by Councillor Paruch, final approval of the zoning
amendment request by Menelik Hall Society on PID 15130438, PID 15130446, PID
15130628, PID 15130610 and PID 15130636 to Central Business District(CBD) Zone.
Public Hearing:
The Senior Planner noted there were no public submissions received on this matter.
Motion Carried.
Continued...
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June 15 2021 Approved July 6, 2021 11 of 16
PLANNING ISSUES—FINAL APPROVAL PUBLIC HEARINGS (Cont'd):
b) Case 1082: Rural CBRM and Rural CBRM—No Mobile Home
Zones:
Kristen Knudskov, Planner provided background information on this issue.
Motion:
Moved by Councillor Green, seconded by Councillor Gillespie, final approval of the
amending bylaw to remove the Rural CBRM —No Mobile Homes (RCB-NM) Zone from
the Land Use Bylaw, and to apply the Special Provision for Grand Lake Road/Sydney Road
within the Rural CBRM (RCB) Zone, as outlined in the staff report dated June 7, 2021.
Public Hearing:
The Planner noted there were no submissions received regarding the application.
Motion Carried.
6.2 APPROVAL TO ADVERTISE:
a) Case 1083: Request for a Three-Unit Apartment at 52 Kind
Street, North Sydney (PID 15024383; District 2):
Kristen Knudskov, Planner, advised that the Planning Department received a zoning
amendment application from Lisa Penny requesting permission for a 3-unit apartment at
52 King Street, North Sydney (PID 15024383). Present zoning is Residential Urban C
(RUC) which only permits one and two-unit residential dwellings.
Motion:
Moved by Deputy Mayor Earlene MacMullin, seconded by Councillor Gordon
MacDonald, approval to advertise Notice of a Public Hearing to consider the application
by Lisa Penny to permit a 3-unit apartment at 52 King Street, North Sydney, by amending
the zoning for PID 15024383 from Residential Urban C (RUC) to Residential Urban 3-
Unit(RU3).
Motion Carried.
Continued...
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June 15 2021 Approved July 6, 2021 12 of 16
7. BUSINESS ARISING:
7.1 Council Meeting—May 18, 2021:
a) Public Report: Citizen Appointments to Various Committees:
Municipal Clerk, Deborah Campbell Ryan,provided Council with a public report on the
names of successful candidates who have all accepted the positions, as follows:
• Accessibility Advisory Committee(2-year term):
o Louise Gillis (Candidate 41)
o Douglas Foster (Candidate 42)
o Jenny Rachel-Lind (Candidate 43)
o Sarah MacPherson (Candidate 44)
o Veronica Merryfield(Candidate 45)
o Dr. Linda Murray (Candidate 46)
o Marcie Shwery-Stanley (Candidate 47)
o Elaine Swartz (Candidate 48)
• Diversity Committee (2-year term):
o Gay, Lesbian and Transgender Community
■ Veronica Merryfield(Candidate 410)
For information only.
Mayor McDougall thanked all community members who put their names forward to
volunteer on committees and thanked the Municipal Clerk for ongoing recruiting of the
representatives for the various committee and board vacancies.
7.2 In-Camera Council Meeting—June 15, 2021:
a) Report per Section 22 (2) (e) of Municipal Government Act
(Contract Negotiations)
Mayor McDougall advised that earlier this date, Council met with In Camera with Albert
Barbusci, CEO of SHIP, in regard to the current development contract between SHIP and
CBRM.
The following motion was then put forward:
Continued...
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June 15 2021 Approved July 6, 2021 13 of 16
BUSINESS ARISING—In-Camera Council Meeting—June 15, 2021: Report per Section 22
(2) (e) of Municipal Government Act(Contract Negotiations) (Cont'd):
Motion:
Moved by Councillor Eldon MacDonald, seconded by Councillor Bruckschwaiger, to
approve the extension of the current contract for three years beyond the end date of the
contract as referenced in the terms of the Option and Development Agreement with Sydney
Harbour Investment Partners Inc. (SHIP), and the formation of a CBRM Steering
Committee to assist in the advocacy and work required to move the project forward.
Discussion:
• Two eighteen-month extensions to the Agreement versus one 3-year extension
• Steering Committee, its representatives and more frequent reporting to Council
• There is no opt out clause in the Agreement
• Current Agreement was approved by Council
• The other terms in the contract are remaining the same; the extension period is the only
change
• Membertou has vested interest in Novaporte (SHIP)
• Fifteen months of Agreement impacted due to COVID-19
• Meeting with the Province and SHIP required to move the project forward
• Time and money already spent on this project
• SHIP would be more accountable with two eighteen-month extensions
• Private business vs Municipality's accountability to the public
• Agreement stability is needed when negotiating with Global Partners
Motion Carried.
8. COUNCILLOR AGENDA REQUEST:
8.1 Baille Ard Trail Flood Miti2atin2 Proiect:
Councillor Glenn Paruch introduced this issue and requested that Council revamp the
Baille Ard Trail Flood Mitigating Project to protect the Baille Ard Forest.
Continued...
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June 15 2021 Approved July 6, 2021 14 of 16
COUNCILLOR AGENDA REQUEST—Baille Ard Trail Flood Mitigating Project(Cont'd):
Motion:
Moved by Councillor Paruch, seconded by Councillor Cyril MacDonald, that staff be
requested to prepare an issue paper on the progress of the Baille Ard Trail flood mitigation
project and an update on what benefits and impacts are expected in the affected areas, and
request all movement towards the next phase be paused until the issue paper comes back
to Council for further discussion and additional considerations.
Discussion:
Council discussion included:
• Mitigation Project will reduce chances of flooding—no guarantee of stopping it
• The benefits of the forest in the Baille Ard Trail
• Flooding of homes, schools, ballfjeld, and churches
• Timeframe for regulatory approvals
• Providing education on the project, including the pros and cons, and input from various
groups and ecologists
• Status of government funding for mitigation project
• Recirculate engineer reports and links to previous meetings on this issue to Council
• Baille Ard Trail is a community asset that attracts families from across CBRM
• Baille Ard Trail group had suggested an altered plan to the original Mitigation Project
• Stakeholders to meet with Mayor and staff
• Majority of trail will remain untouched
• Location of the 3 berms
Motion Carried.
9. CORPORATE SERVICES ISSUES:
9.1 Taxi By-law—Amendment Request:
Paul Burt, Manager of Building Planning&Licensing Laws, advised that the Planning and
Development Department received a request to amend CBRM's Taxi Bylaw to allow for
the use of new technology for the taxi industry. He noted the applicant's request included
the following:
• Amend the definition of taxi to include hatchbacks
• Eliminate the service areas
• Allow for different dispatch options
• Allow the use of software to calculate rates
Many of the requested amendments were raised during a discussion at a General
Committee meeting on updating the Tai By-law.
Continued...
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June 15 2021 Approved July 6, 2021 15 of 16
CORPORATE SERVICE ISSUES—Taxi By-law Amendment Request(Cont'd):
Motion:
Moved by Councillor Gillespie, seconded by Deputy Mayor MacMullin, to direct staff to
initiate a review of the Taxi By-law in its entirety, which would involve the establishment
of a Working Group consisting of representatives of the taxi industry,taxi users, interested
parties, members of the public, CBRM Staff, and a member of Council, as outlined in
Option 3 of the staff report dated April 20, 2021.
Motion Carried.
9.2 Appointment of Development Officer:
Michael Ruus, Director of Planning and Development, advised that the Planning
Department recently hired a new Development Officer, Colleen Clare, who will require an
appointment to perform her duties within the Planning & Development Department.
Motion:
Moved by Councillor Eldon MacDonald, seconded by Councillor Gillespie, to appoint
Colleen Clare as a Development Officer for CBRM, in accordance of Section 243 of the
Municipal Government Act.
Motion Carried.
10. BY-LAWS & MOTIONS:
10.1 By-laws:
a) Second/Final Reading—Public Hearing:
i. N/A
b) First Reading:
i. CBRM Tow Truck Licencing By-Law:
This item was removed from the Agenda.
Continued...
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June 15 2021 Approved July 6, 2021 16 of 16
BY-LAWS & MOTIONS—First Reading(Cont'd):
ii. Parking Meter By-law T-5 —Proposed Amendments:
Michael Ruus, Director of Planning and Development, provided background information
on this issue and noted the proposed Byl-aw amendments drafted by staff create a process
to designate specific parking spaces for property owners. He advised that the Sydney
Downtown Development Association is in support of the proposed amendments but would
like to have a broader conversation about parking and loading zones within the Downtown
Sydney at a future date.
Motion:
Moved by Councillor Parsons, seconded by Councillor Eldon MacDonald, to approve for
first reading the proposed amendments to the Parking Meter By-law T-5, as presented.
Motion Carried.
11. Review of Action Items from the Meeting:
Mayor McDougall reviewed the following action items from this meeting:
1. J.A. McCurdy Sydney Airport: The Mayor indicated that she would obtain COVID
testing information from Public Health and share with Council
2. Issue paper re: Baille Ard:
• Exploration of funding/project amendments
• Engineer's Report re: flood mitigation options and links to Council meetings
• Follow-up with Stakeholders group on June 21"
• Ecologists opinion/UNIR
Meeting adiourned at 9:23 p.m.
Mayor Amanda M. McDougall Deborah Campbell Ryan
/tcn Municipal Clerk