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HomeMy WebLinkAboutCouncil Minutes - January 18, 2022 CAPE BRETON REGIONAL MUNICIPALITY Council Meeting Minutes Tuesday, January 18, 2022 6:02 p.m. Via Videoconference 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 Bill Murphy, Director of Recreation, Parks, Buildings & Grounds Kirk Durning, Manager of Recreation Paul Burt, Manager of Building, Planning & Licensing Laws Sheila Kolanko, Property Manager Ken LeBlanc, Community Development Coordinator Kristen Knudskov, Planner Mike Targett, Community Consultation Coordinator Sharon MacSween, Senior Administrative Assistant Tanya Nicholson, Recording Secretary Absent: N/A Council Meeting- Minutes January 18, 2022 Approved March 8, 2022 2 of 17 Summary of Decisions Land Acknowledtement Roll Call Moment of Silent Reflection: Mayor McDougall recognized the recent passing of former Federal and Nova Scotia NDP leader Alexa McDonough. 1. APPROVAL OF MINUTES: Motion to approve minutes from: ➢ Council Meeting—December 14, 2021 Carried. 2. APPROVAL OF AGENDA: Motion to approve the January 18, 2022, Council Agenda and Addendum as presented. Carried. 3. PROCLAMATIONS & RESOLUTIONS: 3.1 World Wetlands Day: Motion that Mayor Amanda M. McDougall and Council of the CBRM hereby proclaim Wednesday, February 2nd, 2022, as World Wetlands Day in the Cape Breton Regional Municipality and encourage support of this campaign. Carried. 3.2 Bell Let's Talk Day: Motion that Mayor Amanda M. McDougall and Council of the CBRM hereby proclaim Wednesday, January 26h, 2022, as Bell Let's Talk Day in the Cape Breton Regional Municipality and encourage support of this campaign. Carried. 3.3 The Day of Black Loyalist Exodus: Motion that CBRM Mayor Amanda M. McDougall and Council proclaim January 15, 2022, the Day of Black Loyalist Exodus: 15 Ships to Sierra Leone 41792Project in the Cape Breton Regional Municipality. Carried. Continued... Council Meeting- Minutes January 18, 2022 Approved March 8, 2022 3 of 17 Summary of Decisions (Cont'd) PROCLAMATIONS & RESOLUTIONS (Cont'd) 3.4 African Heritage Month—2022: Motion that Mayor Amanda M. McDougall and Council of the Cape Breton Regional Municipality proclaim the month of February 2022 as African Heritage Month, and encourage all residents, businesses, and community groups to participate in the activities and celebrations and to take the opportunity to reflect on the story of Nova Scotia's vibrant African Nova Scotian Community. Carried. 3.5 Renaming Mackessey Drive Playground to The Cody Burke and Sonya Chiasson Memorial Playground: Motion that CBRM Mayor Amanda M. McDougall and Council approve the renaming of the Mackessey Drive playground to the "Cody Burke and Sonya Chiasson Memorial Playground" in memory of these two cherished community members. Carried. 3.6 Scotiabank Closures: Motion that Mayor Amanda M. McDougall and Council request staff write a letter to Scotiabank Head Office, on Council's behalf, requesting Scotiabank to reconsider their decision to close the Sydney Mines branch as it will bring hardship to the residents in this community and surrounding areas. Carried. 3.7 Portable Air Filtration System Contract to Nova Scotia Schools: Councillor Gordon MacDonald withdrew this issue from the agenda. ADDENDUM: Flooding Issue - Discussion: Mayor McDougall brought this issue forward requesting Council's suggestions for consideration. Continued... Council Meeting- Minutes January 18, 2022 Approved March 8, 2022 4 of 17 Summary of Decisions (Cont'd) 4. DELEGATIONS: 4.1 Cape Breton Regional Hospital Foundation (CBRHF): Motion that staff be requested to prepare an Issue Paper on the request from the Cape Breton Regional Hospital Foundation in the amount of$500,000 in support of the Cancer Care at Home Campaign and refer it to Budget deliberations. Carried. 5. PLANNING ISSUES: 5.1 FINAL APPROVAL —PUBLIC HEARING: a) Case 1084 - Request from Metro Rifle & Pistol Club to Permit an Outdoor Weapon Shooting Ranee at PID 15198393 (Upper Leitches Creek Road, Upper Leitches Creek, District 3) by Development Agreement: Motion to approve of the Development Agreement between CBRM and the Metro Rifle& Pistol Club to permit an Outdoor Weapon Shooting Range at PID 15198393 (Upper Leitches Creek Road, Leitches Creek, District 3), Case 1084. Carried. 5.2 APPROVAL TO ADVERTISE: a) Case 1086 - Request from Rob Smith for a 3-Unit Apartment at 98 Caledonia Street, North Sydney(PID 15026313; District 2): Motion for approval to advertise Notice of a Public Hearing to consider the application by Rob Smith to permit a 3-unit apartment at 98 Caledonia Street,North Sydney,by amending the zoning for PID 15026313 from Residential Urban C (RUC) to Residential Urban 3- Unit(RU3). Carried. 6. REPORTS: 6.1 Downtown Sydney District Energy: Motion to refer the Downtown Sydney District Energy Project to Budget deliberations, with possible inclusion in the 5-year capital plan. Carried. Continued... Council Meeting- Minutes January 18, 2022 Approved March 8, 2022 5 of 17 Summary of Decisions (Cont'd) 7. BUSINESS ARISING: 7.1 Council—September 14, 2021: a) Parks, Open Space and Sport Field Plan: An Issue Paper was provided on the Parks, Open Space and Sport Field Plan, noting a workshop on the Recreation Master Plan will be scheduled. 7.3 Nominating Committee—January 17, 2022: a) Report on Call for Expression of Interest—Citizen Representatives on Committees: Motion to appoint: • CBRM Audit Committee(two-year term) o Candidate 41 • Cape Breton Regional Library Board (for the balance of a two-year term — to February 2023) o Candidate 42 • Port of Sydney Development Corporation Board: ■ Professional Engineering Designation o Candidate 44 (for a three (3) year term) ■ Expertise in Business and Commerce o Candidate 45 (for a three (3) year term commencing April 1, 2022) Carried. b) Vacancy on Accessibility Advisory Committee: Municipal Clerk provided an update on the vacancy on Accessibility Advisory Committee. For information only. Continued... Council Meeting- Minutes January 18, 2022 Approved March 8, 2022 6 of 17 Summary of Decisions (Cont'd) 7.4 Audit Committee—January 18, 2022: a) Appointment of External Auditors —2022-2026: Motion to appoint MNP as CBRM's external audit services provider for a five (5) year term commencing 2021/22,renewable on an annual basis by the Audit Committee for years ending 2022/23, 2023/24, 2024/25, and 2025/26. Carried. 8. CORPORATE SERVICES ISSUES: 8.1 Request to Deem Property Surplus — Portion of PID 15547292 Off Railroad Street, Sydney: Motion to declare a portion of PID 15547292 surplus to the needs of the municipality and be sold at market value to the applicant Dale Providence, and all costs will be the responsibility of the applicant and subject to compliance with Land Use By-law and other applicable legislation and government regulations. Carried. Mayor McDougall advised that Council will reconvene at a later day to deal with the remaining agenda items. ADJOURNMENT Council Meeting- Minutes January 18, 2022 Approved March 8, 2022 7 of 17 Land Acknowledtement Roll Call Moment of Silent Reflection: Mayor McDougall recognized the recent passing of former Federal and Nova Scotia NDP leader Alexa McDonough. 1. APPROVAL OF MINUTES: Motion: Moved by Councillor Parsons, seconded by Councillor Cyril MacDonald, approval of the Minutes from: ➢ Council Meeting—December 14, 2021 Motion Carried. 2. APPROVAL OF AGENDA: Motion: Moved by Councillor Edwards, seconded by Councillor Tracey,to approve the January 18, 2022, Council Meeting Agenda and Addendum as presented. Motion Carried. 3. PROCLAMATIONS & RESOLUTIONS: 3.1 World Wetland Day: Motion: Moved by Deputy Mayor MacMullin, seconded by Councillor Gillespie, that Mayor Amanda M. McDougall and Council of the CBRM hereby proclaim Wednesday, February 2nd, 2022, as World Wetlands Day in the Cape Breton Regional Municipality and encourage support of this campaign. Motion Carried. Continued... Council Meeting- Minutes January 18, 2022 Approved March 8, 2022 8 of 17 PROCLAMATIONS & RESOLUTIONS (Cont'd) 3.2 Bell Let's Talk Day: Motion: Moved by Councillor Tracey, seconded by Councillor O'Quinn, that Mayor Amanda M. McDougall and Council of the CBRM hereby proclaim Wednesday, January 26a', 2022, as Bell Let's Talk Day in the Cape Breton Regional Municipality and encourage support of this campaign. Motion Carried. Mayor noted that activities regarding Bell Let's Talk Day will be shared on social media, COVID-19 restrictions permitting. 3.3 The Day of Black Loyalist Exodus: Motion: Moved by Councillor Green, seconded by Deputy Mayor MacMullin, that CBRM Mayor Amanda M. McDougall and Council proclaim January 15, 2022,the Day of Black Loyalist Exodus: 15 Ships to Sierra Leone 41792Project in the Cape Breton Regional Municipality. Motion Carried. 3.4 African Heritage Month- 2022: Motion: Moved by Councillor Green, seconded by Councillor Paruch, that Mayor Amanda M. McDougall and Council of the Cape Breton Regional Municipality proclaim the month of February 2022 as African Heritage Month, and encourage all residents, businesses, and community groups to participate in the activities and celebrations and to take the opportunity to reflect on the story of Nova Scotia's vibrant African Nova Scotian Community. Motion Carried. 3.5 Renaming Mackessey Drive Playground to The Cody Burke and Sonya Chiasson Memorial Playground: Motion: Moved by Councillor Green, seconded by Councillor Paruch, that CBRM Mayor Amanda M. McDougall and Council approve the renaming of the Mackessey Drive playground to the "Cody Burke and Sonya Chiasson Memorial Playground" in memory of these two cherished community members. Motion Carried. Continued... Council Meeting- Minutes January 18, 2022 Approved March 8, 2022 9 of 17 PROCLAMATIONS & RESOLUTIONS (Cont'd) 3.6 Scotiabank Closures: Motion: Moved by Councillor Gordon MacDonald, seconded by Deputy Mayor MacMullin, that Mayor Amanda M. McDougall and Council request staff write a letter to Scotiabank Head Office, on Council's behalf,requesting Scotiabank to reconsider their decision to close the Sydney Mines branch as it will bring hardship to the residents in this community and surrounding areas. Motion Carried. 3.7 Portable Air Filtration System Contract to Nova Scotia Schools: This issue was withdrawn from the agenda by Councillor Gordon MacDonald. ADDENDUM: Flooding Issues - Discussion: Mayor McDougall noted that in the past month, there was three flooding (rainfall) events throughout the CBRM, with significant impact in the Ashby area, and requested that Council offer options and suggestions for consideration. The Mayor then suggested the following: • Re-engage CBCL Engineers to explore other options in the 2018 Flood Mitigation Report; • Investigate additional funding options and programs (i.e. immediate and long- term), specifically the additional funding recently announced by the Province for flood plain planning; • Engage Provincial and Federal colleagues for support and recommendations on available resources. Council discussion included the following: • Projects related to Option 15 approved by Council will be completed in this construction season • CBCL Consultants be invited to Council to review other options in their Report • Staff update and go-forward plan for Council consideration • Funding that may be available for flood mitigation projects • Preventative maintenance (i.e. catch basins) • Deteriorating infrastructure in CBRM Continued... Council Meeting- Minutes January 18, 2022 Approved March 8, 2022 10 of 17 Flooding Issue—Discussion (Cont'd): • Community Consultation Coordinator be requested to help identify community resources and funding available for flood mitigation and report back to a future Council meeting • Facilitate a special meeting with representatives from Municipal, Provincial and Federal Governments to discuss further flood mitigation initiatives • Ask ACAP Cape Breton to help educate the residents on additional homeowner programs, specifically regarding their publication"Homeowners Guide to Flood Prevention and Recovery" and safe diversion of water from properties It was agreed that the Mayor would add this issue to the action items at the end of the meeting. 4. DELEGATIONS: 4.1 Cape Breton Regional Hospital Foundation (CBRHF): Paula MacNeil, CEO for Cape Breton Regional Hospital Foundation(CBRHF), along with Mike McPhee, Chair for the Cancer Care Here at Home Campaign, Dr. Rex Dunn, Surgeon, Member and Cancer Care Here at Home Campaign and Stan MacDonald, Chair of CBRHF, provided a presentation regarding the Foundation. They highlighted: • Meet the CB Regional Hospital Foundation • Cancer Care in Eastern Zone, NS Health • Cancer Care Here at Home Campaign Following the presentation and Council discussion, the following motion was put forward: Motion: Moved by Councillor Green, seconded by Councillor Gillespie, that staff be requested to prepare an Issue Paper on the request from the Cape Breton Regional Hospital Foundation in the amount of$500,000 in support of the Cancer Care at Home Campaign and refer it to Budget deliberations. Motion Carried. Councillor Parsons challenged all Council and the CBRM Management Team to participate in a major fundraiser to support the Cape Breton Regional Hospital Foundation. Mayor McDougall thanked the delegation from Cape Breton Regional Hospital Foundation for their presentation and named Councillor Parsons Chair of the CBRM Fundraising Committee. Council Meeting- Minutes January 18, 2022 Approved March 8, 2022 11 of 17 5. PLANNING ISSUES: 5.1 FINAL APPROVAL —PUBLIC HEARING: a) Case 1084 -Request from Metro Rifle& Pistol Club to Permit an Outdoor Weapon Shooting Ranee at PID 15198393 (Upper Leitches Creek Road, Upper Leitches Creek, District 3) by Development Agreement): Kristen Knudskov, Planner, provided background information on the issue. She advised that outdoor weapon shooting ranges are only to be permitted by a development agreement, a legally binding contract entered into between the property owner and the municipality that specifically regulates development on a parcel of land. The proposed development agreement includes terms intended to reduce the noise impact on nearby properties and to reinforce the public safety measures set by the Department of Justice. Ms. Knudskov advised that under the Municipal Government Act(MGA), a public hearing is required before Council can consider a development agreement. The Public Hearing was advertised in accordance with the MGA. Mayor McDougall noted that because of COVID-19 restrictions, the public hearing is virtual with submissions circulated to Council for consideration. Motion: Moved by Councillor Green, seconded by Councillor Tracey, approval of the Development Agreement between CBRM and the Metro Rifle & Pistol Club to permit an Outdoor Weapon Shooting Range at PID 15198393 (Upper Leitches Creek Road, Leitches Creek, District 3), Case 1084. Public Hearin,: Planner Knudskov reported on the public hearing submissions outlined in the staff report, as well as those received after the agenda had been distributed. There were 130 statements received in favour of the proposal and 12 opposed. All those opposed were from the Leitches Creek area, and 4 submissions in favour of the proposal were from Leitches Creek area. During discussion, Councillor Cyril MacDonald, Councillor for the area, spoke against the application. Additional Council discussion included: • The number of submissions from outside the Leitches Creek area • The developer has not committed to a certain type of ammunition or casings, however they stated that any lead used on site would be reclaimed • The developer would be required to submit a noise mitigation plan in the design of the outdoor weapon shooting range • Increase in membership will increase road traffic • Increased police presence is needed in rural areas, and improved police response times. Motion Carried,with Councillor Cyril MacDonald voting against the motion. Continued... Council Meeting- Minutes January 18, 2022 Approved March 8, 2022 12 of 17 PLANNING ISSUES (Cont'd): 5.2 APPROVAL TO ADVERTISE: a) Case 1086—Request from Rob Smith for a 3-Unit Apartment at 98 Caledonia Street, North Sydney(PID 15026313; District 3) by Development Agreement: Kristen Knudskov, Planner, advised Rob Smith is requesting that CBRM Council rezone 98 Caledonia Street, North Sydney (PID15026313) to allow a 3-unit apartment. Ms. Knudskov noted in July 2021, a similar request to allow an additional unit within an existing two-unit dwelling near this site was approved by Council. Motion: Moved by Deputy Mayor MacMullin, seconded by Councillor Gordon MacDonald, approval to advertise Notice of a Public Hearing to consider the application by Rob Smith to permit a 3-unit apartment at 98 Caledonia Street,North Sydney,by amending the zoning for PID 15026313 from Residential Urban C (RUC) to Residential Urban 3-Unit(RU3). Motion Carried. It was agreed to continue the meeting beyond 9:00 p.m. and reassess at 10:00 p.m. 6. REPORTS: 6.1 Downtown Sydney District Energy: Ken LeBlanc, Community Development Coordinator, provided a presentation on Downtown Sydney District Energy highlighting the following: • Background • Project Details Capital Cost and Funding Value Proposition • Recommendation that CBRM Council support the funding application to Nova Scotia Department of Natural Resources & Renewables for a Sydney District Energy System, and that staff be directed to include the Sydney District Energy System in CBRM's 5-year capital plan. Continued... Council Meeting- Minutes January 18, 2022 Approved March 8, 2022 13 of 17 REPORTS—Downtown Sydney District Energy(Cont'd): Following the presentation and discussion, Council brought forward the following motion: Motion: Moved by Councillor Eldon MacDonald, seconded by Councillor Gillespie, to refer the Downtown Sydney District Energy Project to Budget deliberations,with possible inclusion in the 5-year capital plan. Discussion: • Department of Natural Resources and Renewables did not specify a deadline for evidence of Council's support for the project, however the Province has been inquiring regarding same • Council requested detailed information be provided before the project moves to Budget • If there is no business case to support the project, Council would likely not approve it at Budget • Council did approve moving forward with the funding application for this project some time ago, together with a number of other projects Motion Carried. 7. BUSINESS ARISING: 7.1 Council—September 14, 2021: a) Parks, Open Space and Sport Field Plan: Kirk Durning, Manager of Recreation, reviewed his Issue Paper in the agenda, noting the Council motion of September 14, 2021, directing staff to provide: • An issue paper on how to move forward with a Parks, Open Space and Sport Field Plan; • And Up-to-date list of parks, outdoor facilities, and sport field stakeholders; • Organize conversations with stakeholders on our move forward. Staff recommends that Council authorize hiring a consultant through a Request for Proposals (RFP)to carry out the development of a Parks, Open Space and Sport Field Plan for the Municipality with the scope of work to include, but not limited to: Continued... Council Meeting- Minutes January 18, 2022 Approved March 8, 2022 14 of 17 BUSINESS ARISING—Council: September 14, 2021 —Parks, Open Space and Sport Field Plan (Cont'd): • A long-term plan that identifies community interests and needs, and establishes priorities, recommendations, and actions for developing and maintaining a rationalized and high-quality park, sport field and open space system across the Municipality • An updated sport field policy • A naming policy for municipal assets • Decision criteria for development, decommission and maintenance level of parks that allow for adjustments according to municipal and Council strategic priorities • Determination of service level threshold for current and future parks, open space, and sport fields with respect to staff levels and structure Standardized stewardship partnership agreement process for parks and sport fields Following the staff report, Council discussion included the following: Councillors know the groups in their communities and they are the ones that can advise CBRM what they need Cost of a consultant • The steps outlined in the September 14a' Council motion should be completed before hiring a consultant • Best practice is to hire consultants to carry out this type of study • Increased number of requests for development and revitalization for parks • Decommissioned parks • A sport field and asset naming policy could be developed by staff(i.e. Community Consultation Coordinator working with the Recreation Department)to reduce cost Constraints under the existing sustainability fund policy for these types of facilities Need for plan regarding regeneration of parks Council Workshop to review Recreation Master Plan Mayor McDougall noted that a Council workshop on the Recreation Master Plan will be scheduled, following which community stakeholder consultation will be organized through the Community Consultation Coordinator in her office and the Recreation staff. Given the late hour, it was agreed to deal with items 7.3, 7.4 and 8.1 this evening, and reconvene at a later date for the remaining agenda items. Continued... Council Meeting- Minutes January 18, 2022 Approved March 8, 2022 15 of 17 BUSINESS ARISING(Cont'd): 7.3 Nominating Committee—January 17,2022: a) Report on Call for Expression of Interest—Citizen Representatives on Committees: Deborah Campbell Ryan, Municipal Clerk, provided the report from the January 17, 2022 meeting of the Nominating Committee which was in the addendum package. The following motion was then put forward: Motion: Moved by Councillor Eldon MacDonald, seconded by Councillor Paruch, to appoint: • CBRM Audit Committee(two-year term) o Candidate 41 • Cape Breton Regional Library Board (for the balance of a two-year term — to February 2023) o Candidate 42 • Port of Sydney Development Corporation Board: ■ Professional Engineering Designation o Candidate 44 (for a three (3) year term) ■ Expertise in Business and Commerce o Candidate 45 (for a three (3) year term commencing April 1, 2022) Motion Carried. b) Vacancy on Accessibility Advisory Committee: Deborah Campbell Ryan, Municipal Clerk, advised a report was provided at the January 17, 2022, meeting of the Nominating Committee and a motion was passed to refer the vacancy matter to the Accessibility Advisory Committee for input. That Committee is meeting Thursday, January 20a' and will be discussing the issue. A report from that Committee will be forwarded to the Nominating Committee/Council at a later date. For Information Only Continued... Council Meeting- Minutes January 18, 2022 Approved March 8, 2022 16 of 17 BUSINESS ARISING (Cont'd): 7.4 Audit Committee—January 18, 2022: a) Appointment of External Auditors —2022-2026: Jennifer Campbell, Chief Financial Officer,provided background information on this issue which was included in the addendum package. Motion: Moved by Councillor Bruckschwaiger, seconded by Councillor Cyril MacDonald, to appoint MNP as CBRM's external audit services provider for a five (5) year term commencing 2021/22, renewable on an annual basis by the Audit Committee for years ending 2022/23, 2023/24, 2024/25, and 2025/26. Motion Carried. 8. CORPORATE SERVICES ISSUES: 8.1 Request to Deem Property Surplus —Portion of PID 15547292 Off Railroad Street, Sydney: Sheila Kolanko, Property Manager, advised that CBRM received a letter of interest from Ms. Dale Providence asking CBRM to consider selling a portion of CBRM property located off Railroad Street in Sydney that is currently deemed essential municipal property. Although an internal staff review of the request determined that while CBRM requires a large portion of this property for municipal purposes, staff found no reason not to consider conveying a small section to Ms.Providence to build a garage. Staff therefore recommends declaring a portion of PID 1554292 as surplus and sold at market value to the applicant. Motion: Moved by Deputy Mayor MacMullin, seconded by Councillor Cyril MacDonald,to declare a portion of PID 15547292 surplus to the needs of the municipality and be sold at market value to the applicant Dale Providence, and all costs will be the responsibility of the applicant and subject to compliance with Land Use By-law and other applicable legislation and government regulations. Continued... Council Meeting- Minutes January 18, 2022 Approved March 8, 2022 17 of 17 CORPORATE SERVICES ISSUES: Request to Deem Property Surplus—Portion of PID 15547292 Off Railroad Street, Sydney(Cont'd): Motion cont'd Discussion: • CBRM does not require the portion of PID 15547292 to be deemed surplus as outlined in the staff issue paper • Question re: a building permit issued for garage presently on site but not shown in report • Once applicant purchases property, they would have to comply with applicable bylaws and legislation • After sales agreements are made with an applicant, they would apply for any required building permits • Applicant requested a larger portion of PID 15547292, however CBRM requires the remaining property for municipal purposes Motion Carried with a vote of 8 in favour and 5 against. Mayor McDougall called adjournment of the meeting at 10:41 p.m., noting that Council will reconvene at a later date to deal with the remaining agenda items. Meeting adiourned at 10:41 p.m. Mayor Amanda M. McDougall Deborah Campbell Ryan /tcn Municipal Clerk