HomeMy WebLinkAboutCouncil Minutes February 28, 2023 CAPE BRETON REGIONAL MUNICIPALITY
Council Meeting Minutes
Tuesday,
February 28, 2023
6:04 p.m.
Council Chambers
2nd Floor, City Hall
320 Esplanade, Sydney, NS
Mayor Amanda M. McDougall-Merrill called the meeting to order.
Council: Mayor Amanda M. McDougall-Merrill
Councillor Gordon MacDonald
Councillor Earlene MacMullin
Councillor Cyril MacDonald
Councillor Steve Gillespie
Councillor Eldon MacDonald
Councillor Glenn Paruch
Councillor Steve Parsons
Deputy Mayor James Edwards
Councillor Ken Tracey
Councillor Darren O'Quinn
Councillor Lorne Green
Staff. Marie Walsh, Chief Administrative Officer
Deborah Campbell Ryan, Municipal Clerk
Demetri Kachafanas, KC, Regional Solicitor
Wayne MacDonald, Director of Engineering &Public Works
Michael Ruus, Director of Planning & Development
Deanna Evely, Director of Human Resources
Paul Burt, Manager of Building, Planning & Licensing Laws
Sheila Kolanko, Property Manager
Sharon MacSween, Senior Administrative Assistant
Angela Ross, Recording Secretary
Absent: Councillor Darren Bruckschwaiger (Leave of Absence)
Council Meeting- Minutes
February 28, 2023 Approved May 23, 2023 2 of 13
Summary of Decisions
Land Acknowledgement
Roll Call
O' Canada
"Lift Every Voice and Sine" (Black National Anthem)
1. APPROVAL OF AGENDA:
Motion to approve the February 28, 2023, Council Agenda as circulated. Carried.
2. PROCLAMATION & RESOLUTION:
2.1 International Women's Day:
Motion that CBRM Mayor Amanda M. McDougall-Merrill & Council proclaim March
8a', 2023, as "International Women's Day" in the Cape Breton Regional Municipality. We
ask the residents of CBRM to stand as allies for women and show that together we can
forge women's equality. Carried.
2.2 Canadian Blood Services:
Motion that Mayor Amanda M. McDougall-Merrill and Council request staff write a letter
to Premier Tim Houston and the Hon. Michelle Thompson, Minister of Health, and
Wellness, on Council's behalf requesting Canadian Blood Services consider returning
blood donation services to Sydney. Carried.
3. STREET CLOSING - PUBLIC HEARING:
3.1 Request for Street Closure: Portion of PID 15751670 - Undeveloped
Road Parcel, New Waterford (District 11):
Motion for approval of the closure of that portion of PID 15751670 -the undeveloped road
parcel as identified in red on Attachment "A" to the staff Issue Paper dated February 28,
2023 pursuant to MGA; and
• To deem that portion of the road reserve as identified as the crosshatched area in red on
Attachment"A"to the staff Issue Paper dated February 28, 2023 surplus and
• To sell the surplus property at market value.
Carried.
Continued...
Council Meeting- Minutes
February 28, 2023 Approved May 23, 2023 3 of 13
Summary of Decisions (Cont'd):
4. BY-LAWS & MOTIONS:
4.1 By-laws:
a) Second/Final Reading—Public Hearin:
i) P-500: Passenger Vehicle for Hire By-law (and Repeal of
Taxi By-law):
Motion to postpone the second/final reading of the P-500 Passenger Vehicle for Hire
By-law for two(2) Council meetings to allow the Taxi By-law Review Working Group
more time for dialogue and further consultation to provide the clarification needed by
the affected parties. Carried.
b) First Reading: N/A
5. DELEGATION:
5.1 Washbrook Greenway Coalition
Motion to support the Washbrook Greenway project in principle, but request the group to
provide a detailed breakdown of their proposed phases to be discussed during Budget
deliberations as there are potential capital and ongoing maintenance cost associated with
the project.
Motion to Amend the motion to request that staff provide an Issue Paper to be used as a
tool so that Council will be have a more informed deliberation at budget.
Amendment Defeated.
Motion to Amend the motion that the Washbrook Greenway project be referred to
budget.
Amendment Carried.
Motion as amended Carried.
Continued...
Council Meeting- Minutes
February 28, 2023 Approved May 23, 2023 4 of 13
Summary of Decisions (Cont'd)
6. BUSINESS ARISING:
6.1 Nominating Committee -February 14th, 2023:
a) Report on Call for Expressions of Interest - Citizen Representatives
on Committees:
Motion to approve the appointment of the following Citizens to the various Committees:
• CBRM Board of Police Commissioners:
o Candidate 4 P-2
o Candidate 4 P-3
o Candidate 4 P-5
• Audit Committee:
o Candidate 4A-I
• Heritage Advisory Committee:
o Candidate 4 H-I
o Candidate 4 H-2
o Candidate 4 H-3
o Candidate 4 H-4
o Candidate 4 H-5
o Candidate 4 H-6
o Candidate 4 H-7
• Cape Breton Regional Library Board:
o Candidate 4 L-4
o Candidate 4 L-5
Carried.
b) Diversity Committee—Future Direction
Motion to request the Director of Human Resources to explore revisions to the existing
CBRM Diversity Committee Governance Policy, committee structure, and mandate, and
report back to Council with recommendations. It was also suggested that the Director of
Human Resources may want to contact the four citizens who applied to serve on the
Diversity Committee for any required input. Carried.
Continued...
Council Meeting- Minutes
February 28, 2023 Approved May 23, 2023 5 of 13
Summary of Decisions (Cont'd)
7. COMMITTEE REPORTS:
N/A
8. Review of Action Items from this Meeting:
ADJOURNMENT
Council Meeting- Minutes
February 28, 2023 Approved May 23, 2023 6 of 13
Land Acknowledgement
Roll Call
O' Canada
"Lift Every Voice and Sine" (Black National Anthem)
1. APPROVAL OF AGENDA:
Motion:
Moved by Councillor Parsons, seconded by Councillor Cyril MacDonald, to approve the
February 28, 2023 Council agenda as circulated.
Motion Carried.
2. PROCLAMATIONS & RESOLUTION:
2.1 International Women's Day:
Motion:
Moved by Councillor MacMullin, seconded by Councillor Paruch, that CBRM Mayor
Amanda M. McDougall-Merrill & Council proclaim March 8a', 2023, as "International
Women's Day"in the Cape Breton Regional Municipality. We ask the residents of CBRM
to stand as allies for women and show that together we can forge women's equality.
Motion Carried.
2.2 Canadian Blood Services:
Motion:
Moved by Councillor Parsons, seconded by Councillor Gordon MacDonald, that Mayor
Amanda M. McDougall-Merrill and Council request staff write a letter to Premier Tim
Houston and the Hon. Michelle Thompson,Minister of Health, and Wellness, on Council's
behalf requesting Canadian Blood Services consider returning blood donation services to
Sydney.
Motion Carried.
Council Meeting- Minutes
February 28, 2023 Approved May 23, 2023 7 of 13
3. STREET CLOSING - PUBLIC HEARING:
3.1 Request for Street Closure: Portion of PID 15751670 - Undeveloped
Road Parcel, New Waterford (District 11):
Sheila Kolanko, Property Manager, reviewed the request included in the agenda package
and recommended approval of the closure of that portion of the undeveloped road reserve
and to deem the property surplus and sell at market value as outlined in the staff Issue Paper
dated February 28a', 2023.
The Property Manager confirmed that the Legal Department has not received any feedback
nor complaints on the issue.
Public Hearing:
The Mayor asked if there was anyone present to speak for or against the proposed street
closing; seeing that there was no one, Councillor O'Quinn put the following motion
forward:
Motion:
Moved by Councillor O'Quinn, seconded by Councillor Green, approval of the closure of
that portion of PID 15751670 - the undeveloped road parcel as identified in red on
Attachment"A"to the staff Issue Paper dated February 28, 2023 pursuant to MGA; and
• To deem that portion of the road reserve as identified as the crosshatched area in red on
Attachment"A"to the staff Issue Paper dated February 28, 2023 surplus and
• To sell the surplus property at market value.
Motion Carried.
4. BY-LAWS & MOTIONS:
4.1 By-laws:
b) Second/Final Reading—Public Hearin:
ii) P-500: Passenger Vehicle for Hire By-law (and Repeal of
Taxi By-law):
Paul Burt, Manager of Building,Planning& Licensing Laws, reviewed the Issue Paper
in the agenda package dated January 2023, and advised that he received one email for
the Public Hearing which is also included in the agenda with the response. He
recommended passing the new Bylaw and repealing the current Taxi Bylaw.
Continued...
Council Meeting- Minutes
February 28, 2023 Approved May 23, 2023 8 of 13
BY-LAWS & MOTIONS:
By-laws: Second/Final Reading—Public Hearing-P-500: Passenger Vehicle for Hire
By-law (and Repeal of Taxi By-law) (Cont'd):
Public Hearing:
The Mayor asked if there was anyone present to speak for or against the proposed By-
law.
Jim Donohue—owner of First Class Delivery Service—purchased City Wide Taxi and
was not part of the steering committee. He feels the proposed changes will hurt his
business. He complained that rideshare companies are not using inspected vehicles nor
have insurance and are not properly licensed. He wants to be able to use new
technology such as Apps for prebooking etc. Lastly, he spoke about how he believed
the new By-law would hurt some taxi owners because it would allow some area cars
to work in other zones.
Sheila Penny - small business owner of Bud's Taxi from Glace Bay — stated that she
agrees with Jim Donohue. She noted that she was involved in the workshop for the new
By-law. She explained that there was no discussion during the Workshop that the zones
were going to be opening and explained that in the current By-law, a company could
only operate in one zone. She noted that there is a company already advertising that
they are moving into other areas and this will impact current owners and employees.
Robert MacDonald, co-owner of Sonny's Taxi, explained that he was not provided any
information on the new By-law and was not aware of taxi companies being able to work
in more than one zone.
Sheldon MacDonald, co-owner of Sonny's Taxi, said he believes that allowing
companies to work in multiple zones will take business away from the current
companies working in those zones.
Mayor McDougall-Merrill asked if there was anyone else to speak for or against the
issue, seeing no-one, she opened the floor for Council discussion.
Discussion then took place on the following:
• Ridesharing and areas of jurisdiction
• Taxi Depot and stands
Clarification of language in the new By-law
• Mobile applications for Taxi's
• Fines for illegal rideshare company
• Fee schedule
Continued...
Council Meeting- Minutes
February 28, 2023 Approved May 23, 2023 9 of 13
BY-LAWS & MOTIONS:
By-laws: Second/Final Reading—Public Hearing-P-500: Passenger Vehicle for Hire
By-law (and Repeal of Taxi By-law (Cont'd):
Council agreed to allow more comments from the public in the Gallery.
Sheila Penny - owner of Bud's taxi from Glace Bay - explained that she needed
clarification on the license qualifications for a company to work in other service areas.
Paul Burt clarified that they would need a separate license for each service area and also
discussed the other requirements.
Jim Donohue —owner of First Class Delivery Service and City Wide Taxi — He does
not agree with companies being permitted to provide service in more than one area
without having a 24 hour dispatcher in those areas.
Council continued discussion on the following:
• Public Forums and consultation in regards to the proposed By-law
Service Areas and areas of jurisdiction
• Taxi stand vs a Depot
• Zoning for land use required under the Land Use By-law
Michael Ruus, Director of Planning and Development, advised that there is confusion
with the existing By-law and the fact that a company is now using the existing provision
to do something that was not done. Further, anyone operating in multiple areas must
only have a Depot in one area. He added that Council does not have to complete the
second reading tonight to allow more consultation.
The following motion was then put forward:
Motion
Moved by Councillor Paruch, seconded by Councillor Green, to postpone the second/final
reading of the P-500 Passenger Vehicle for Hire By-law for two (2) Council meetings to
allow the Taxi By-law Review Working Group more time for dialogue and further
consultation to provide the clarification needed by the affected parties.
Discussion:
Some of the issues discussed included:
• Service zones and summary offence tickets
• By-law enforcement
• The need for more consultation
A Point of Order was raised regarding the discussion not being on the motion. It was
noted that further discussion on this issue is needed following the motion.
Motion Carried.
Continued...
Council Meeting- Minutes
February 28, 2023 Approved May 23, 2023 10 of 13
BY-LAWS & MOTIONS:
By-laws: Second/Final Reading—Public Hearing-P-500: Passenger Vehicle for Hire
By-law (and Repeal of Taxi By-law (Cont'd):
Following the motion, further Council discussion continued, and it was noted that
clarification would be included when the issue was brought back to Council for final
consideration.
b) First Reading: N/A
5. DELEGATION:
5.1 Washbrook Greenway Coalition:
Spokesperson Stephanie Johnstone-Laurette reviewed her PowerPoint presentation and
conceptual plan for an accessible trail along the Washbrook in Sydney. She discussed the
following:
• Background of the Washbrook Greenway Coalition
• Their Mission
• Project History
• Projects Completed to date
• In-Kind supports
• Project Implementation 2023-26
• Projected Budget
Ms. Johnstone-Laurette is requesting CBRM support for 30% of the funding required to
begin Phase I of the Washbrook Greenway for the 2023-24 fiscal year and for Council to
agree in principle to support a portion of annual costs for the remainder of the
construction/capital phase of the project.
After the presentation, and discussion on the issue, the following motion was put forward.
Motion:
Moved by Councillor Paruch, seconded Councillor Cyril MacDonald, to support the
Washbrook Greenway project in principle, but request the group to provide a detailed
breakdown of their proposed phases to be discussed during Budget deliberations as there
are potential capital and ongoing maintenance cost associated with the project.
Motion Continued...
Council Meeting- Minutes
February 28, 2023 Approved May 23, 2023 11 of 13
DELEGATION -Washbrook Greenway Coalition (Cont'd):
Motion (Cont'd):
Discussion:
During discussion, some of the issues raised included:
- CBRM Delegation Policy notes refer to staff for an Issue Paper or to another meeting
(i.e. budget);
- Staff has been working with this group for about one year and this project is one of the
top 10 in the draft AT Plan;
- Legal clarification on "approval in principle"—caution re: funding commitment by the
Municipality;
- Funding partners;
- In-kind support that could be provided by CBRM;
- Timelines in terms of CBRM decision on request.
Motion to Amend:
Moved by Councillor Eldon MacDonald, seconded Councillor Paruch, to amend the
motion to request that staff provide an Issue Paper to be used as a tool so that Council
will have a more informed deliberation at budget.
Discussion on the Amendment:
During the discussion on the amendment, some Council members questioned whether
issue papers have been provided at budget in the past and if it is needed. The Mayor then
called for the vote on the amendment.
Amendment Defeated.
Discussion resumed on the main motion, noting that the matter should be referred to
budget, however a letter of support in principle would not be provided until CBRM
funding is confirmed.
Motion to Amend:
Moved by Councillor Paruch, seconded Councillor Parsons, that the Washbrook
Greenway project be referred to budget. The Mayor called for the vote on the
amendment.
Amendment Carried.
The Mayor then called for the vote on the main motion as amended.
Motion as amended Carried.
The Mayor advised that if more information is needed from the group before budget,
staff will be in touch with the group.
Council Meeting- Minutes
February 28, 2023 Approved May 23, 2023 12 of 13
6. BUSINESS ARISING:
6.1 Nominating Committee-February 14th, 2023:
a) Report on Call for Expressions of Interest - Citizen Representatives
on Committees:
Deborah Campbell Ryan, Municipal Clerk, reviewed her Memo in the agenda package.
She summarized the results on the call for citizens and discussed the process to approve in
a single motion. Once the citizens have accepted the positions and required background
checks have been completed, the names will be publicly released. Council may also
nominate alternate candidates, noting the confidential matrix of the applicants that was
attached separately.
Motion:
Moved by Councillor Gordon MacDonald, seconded by Councillor Cyril MacDonald, to
approve the appointment of the following Citizens to the various Committees:
• CBRM Board of Police Commissioners:
o Candidate 4 P-2
o Candidate 4 P-3
o Candidate 4 P-5
• Audit Committee:
o Candidate 4A-1
• Heritage Advisory Committee:
o Candidate 4 H-1
o Candidate 4 H-2
o Candidate 4 H-3
o Candidate 4 H-4
o Candidate 4 H-5
o Candidate 4 H-6
o Candidate 4 H-7
• Cape Breton Regional Library Board:
o Candidate 4 L-4
o Candidate 4 L-5
Motion Carried.
Continued...
Council Meeting- Minutes
February 28, 2023 Approved May 23, 2023 13 of 13
BUSINESS ARISING - Nominating Committee-February 14th, 2023 (Cont'd):
b) Diversity Committee—Future Direction:
Deborah Campbell Ryan, Municipal Clerk, reviewed her Memo in the agenda package.
The Mayor advised that the Director of Human Resources was in attendance for questions.
Motion:
Moved by Councillor Gordon MacDonald, seconded by Councillor Paruch, to request the
Director of Human Resources to explore revisions to the existing CBRM Diversity
Committee Governance Policy, committee structure, and mandate, and report back to
Council with recommendations. It was also suggested that the Director of Human
Resources may want to contact the four citizens who applied to serve on the Diversity
Committee for any required input.
Motion Carried.
7. COMMITTEE REPORTS:
N/A
8. Review of Action Items from this Meeting:
At the conclusion of the meeting, Mayor McDougall noted the following items.
1. The letter to Premier Tim Houston and the Hon. Michelle Thompson, Minister of
Health, and Wellness, regarding blood donation services reinstatement to Sydney.
2. Bring Taxi industry into conversations to clarify the new proposed Passenger
Vehicle for Hire By-law.
Meeting adiourned at 8:49 p.m.
Mayor Amanda M. McDougall-Merrill Deborah Campbell Ryan
Municipal Clerk
/acr