HomeMy WebLinkAboutCouncil Minutes August 22, 2023 CAPE BRETON REGIONAL MUNICIPALITY
Council Meeting Minutes
Tuesday,
August 22, 2023
6:00 p.m.
Council Chambers
2°d 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 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
Jennifer Campbell, Chief Financial Officer
Demetri Kachafanas, KC, Acting Municipal Clerk/Regional Solicitor
Wayne MacDonald, Director of Engineering &Public Works
Michael Ruus, Director of Planning & Development
Kirk Durning,Director of Recreation,Parks&Grounds,and Buildings&Facilities
Paul MacDonald, Manager of Facilities
Craig MacNeil, Deputy Fire Chief
Sheila Kolanko, Property Manager
Anthony Mazzocca, Watershed Coordinator
Joe Costello, Recreation Program Coordinator
Sharon MacSween, Senior Administrative Assistant
Kelly McDonald, Recording Secretary
Absent: Councillor Cyril MacDonald(Regrets)
Councillor Darren Bruckschwaiger (Regrets)
Council Meeting- Minutes
August 22,2023 Approved November 14, 2023 2 of 14
Summary of Decisions
Land Acknowledgement
Roll Call
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1. APPROVAL OF AGENDA:
Motion to approve the August 22, 2023, Council Agenda as amended. Carried.
2. PROCLAMATIONS:
2.1 International Overdose Awareness Day:
Motion to proclaim August 31st, 2023 as International Overdose Awareness Day in the
CBRM and amplify the strength and experiences of those who have been affected by
overdose. 4weseeyou. Carried.
2.2 Arthritis Month:
Motion to proclaim the month of September 2023 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.
2.3 Prostate Cancer Awareness Month:
Motion to proclaim September 2023 as "Prostate Cancer Awareness Month" and show
support by joining landmarks across Canada by lighting up City Hall Blue during Prostate
Cancer Awareness Month. Carried.
2.4 St. Mary's Polish Parish Day:
Motion to proclaim Sunday, September 10th, 2023, as "St. Mary's Polish Parish Day" in
the Cape Breton Regional Municipality, and that all residents be invited to join in
celebrating the 110th anniversary of the only Polish parish in Atlantic Canada and in
acknowledging the parish's continuing contributions to our community. Carried.
2.5 The 76th Anniversary of India's Independence Day:
Motion to proclaim Tuesday, August 15th, 2023, as India's Independence Day in the Cape
Breton Regional Municipality. It is our honour to extend best wishes to all the Indians
celebrating the 76th anniversary of India's Independence. Carried.
Continued...
Council Meeting- Minutes
August 22,2023 Approved November 14, 2023 3 of 14
Summary of Decisions (Cont:
3. BY-LAWS & MOTIONS:
3.1 By-laws:
a) Second/Final Reading—Public Hearing:
i) Marketing Levy By-law:
Motion for Council to approve for second /final reading, the M-200 Marketing Levy By-
law and the repeal of the Cape Breton Regional Municipality Marketing Levy By-law
pursuant to the Cape Breton Mand Marketing Levy Act. Carried.
b) First Reading: N/A
4. PRESENTATION:
4.1 Wetlands as Valuable Assets in the CBRM:
Motion that Council declare August 14-19 "Wetlands Appreciation Week" in the CBRM
to participate in the drafting of a municipal wetlands policy. Carried.
Motion to direct CBRM staff to engage with stakeholders, locally and provincially, to
begin the process of the development of a municipal wetlands policy that would include
research and consultation. Carried.
5. REPORT:
5.1 Municipal Artist Initiative:
Motion for Council to approve $25,000 to fund the Municipal Artist Initiative for the
remainder of this year and increase funding to $50,000 for the next fiscal year. Carried.
6. CORPORATE SERVICES ISSUES:
6.1 Request for Street Closure (Portion of PID 15751126) Portion of
Undeveloped Section of Williams Avenue, New Waterford (District 11):
Motion to direct the Legal Department to initiate a formal street closure pursuant to
Section 315 of the Municipal Government Act, for only that portion of the undeveloped
section of Williams Avenue (portion of PID 15751126) as outlined and crosshatched on
the attached site plan (Attachment"C") with the intention of deeming it surplus and sold
at market value to the applicant. Carried.
Continued...
Council Meeting- Minutes
August 22,2023 Approved November 14, 2023 4 of 14
Summary of Decisions (Cont'!)
CORPORATE SERVICES ISSUES (Cont'd):
6.2 Request from The Bras d'Or Lake Biosphere Region Association:
Additional information was requested and at the next Council meeting a decision regarding
an appointment will be made.
6.3 Library Lease Renewals —Dominion Library:
Motion to approve the staff recommendation to renew the Dominion Library lease for a
further 5 years, and that the Mayor and Clerk be authorized to execute the Lease Agreement
for the Dominion Library. Carried.
Item 6.4 was removed from the agenda.
7. PUBLIC SERVICE ISSUE:
7.1 Capital Proiects Update: Active Transportation, C200 and Transit Bus
Shelters:
Motion to approve the funding of $412,000, $750,000., and $150,000 respectively out of
the Sustainable Services Growth Fund (SSGF) for Active Transportation, C200, and
Transit Bus Shelters projects as presented in the staff Issue Paper dated August 16, 2023.
Carried.
8. COUNCILLOR AGENDA REQUEST:
8.1 Review of the CBRM Burning Bylaw:
Motion that proposed amendments to the CBRM Burning Bylaw that will provide fairness
to all property owners/residents across the CBRM, allowing open air burning on their
property by regulation and/or permit, which will encourage safe open air burning
enjoyment on their property. Carried.
8.2 Street Racine and Vehicle Noise:
Motion that the issue of street racing and excessive vehicle noise be added to the Police
Commission meeting agenda dated for September 11, 2023. This motion includes the
request for response to Council outlining what actions can/will be taken to address the issue
going forward. Carried.
Continued...
Council Meeting- Minutes
August 22,2023 Approved November 14, 2023 5 of 14
Summary of Decisions (Cont'!)
9. COMMITTEE REPORTS:
N/A
10. FINANCIAL STATEMENTS:
10.1 CBRM:
For Information Only.
10.2 Port of Sydney Development Corporation:
For Information Only.
11. Review of Action Items from this Meeting:
Mayor Amanda M. McDougall-Merrill reviewed her list of action items from the meeting.
ADJOURNMENT
Council Meeting- Minutes
August 22,2023 Approved November 14, 2023 6 of 14
Land Acknowledgement
Roll Call
0' Canada
1. APPROVAL OF AGENDA:
Mayor noted that item number 6.4 regarding properties at Beechmont will be removed from
the agenda and item 6.3 will only be addressing the Dominion Library Lease. Florence
Library issue will be addressed at a future Council meeting as the Library Board is working
on lease terms.
Motion:
Moved by Councillor Cyril MacDonald, seconded by Councillor Parsons, to approve the
August 22, 2023, Council Agenda as amended.
Motion Carried.
2. PROCLAMATIONS:
2.1 International Overdose Awareness Day:
Motion:
Moved by Councillor Gordon MacDonald, seconded by Councillor MacMullin, that the
CBRM Mayor Amanda M. McDougall-Merrill and CBRM Council proclaim August
31st, 2023 as International Overdose Awareness Day in the CBRM and amplify the
strength and experiences of those who have been affected by overdose.4weseeyou.
Motion Carried.
2.2 Arthritis Month:
Motion:
Moved by Councillor MacMullin, seconded by Councillor Green, that CBRM Mayor
Amanda M. McDougall and Council proclaim the month of September 2023 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.
Continued...
Council Meeting- Minutes
August 22,2023 Approved November 14, 2023 7 of 14
PROCLAMATIONS (Cont'd):
2.3 Prostate Cancer Awareness Month:
Motion:
Moved by Councillor O'Quinn, seconded by Councillor Tracey, that Mayor Amanda
M. McDougall-Merrill and Council proclaim September 2023 as 'Prostate Cancer
Awareness Month" and show support by joining landmarks across Canada by lighting up
City Hall Blue during Prostate Cancer Awareness Month.
Motion Carried.
2.4 St. Mary's Polish Parish Day:
Motion:
Moved by Councillor Green, seconded by Councillor Paruch, that the Mayor Amanda M.
McDougall-Merrill and Council proclaim Sunday, September 101h, 2023, as "St. Mary's
Polish Parish Day" in the Cape Breton Regional Municipality, and that all residents be
invited to join in celebrating the 110'h anniversary of the only Polish parish in Atlantic
Canada and in acknowledging the parish's continuing contributions to our community.
Motion Carried.
2.5 The 76th Anniversary of India's Independence Day:
Mayor informed the 761h Anniversary of India's Independence Day proclamation is for
ratification as there was a celebration held at City Hall on August 15th 2023.
Motion:
Moved by Deputy Mayor Edwards, seconded by Councillor Parsons, that Mayor Amanda
M. McDougall-Merrill and Council of the Cape Breton Regional Municipality proclaim
Tuesday, August 15th, 2023, as India's Independence Day in Cape Breton Regional
Municipality. It is our honour to extend best wishes to all the Indians celebrating the
76th anniversary of India's Independence.
Motion Carried
Mayor reminded the public that proclamations and resolutions are always available to
the community to contribute to special celebrations and pieces of important
information.
Continued...
Council Meeting- Minutes
August 22,2023 Approved November 14, 2023 8 of 14
3. BY-LAWS & MOTIONS:
3.1 By-laws:
a) Second/Final Reading—Public Hearing:
i) Marketing Levy By-law:
Motion:
Moved by Councillor Green, seconded by Councillor O'Quinn, to approve for second /
final reading, the M-200 Marketing Levy By-law and the repeal of the Cape Breton
Regional Municipality Marketing Levy By-law pursuant to the C'aTe Breton Aland
Marketing Levy Act.
Discussion:
In response to a question, the Chief Financial Officer advised the Marketing Levy rate is
presently at 2%.
Motion Carried.
b) First Reading: N/A
4. PRESENTATION:
4.1 Wetlands as Valuable Assets in the CBRM:
Dr. Kathleen Aikens, Chair of the Wetlands Committee and Director of ACAP Cape
Breton, provided a presentation titled "Wetlands as Valuable Assets in the CBRM". Her
presentation highlighted topics such as Wetlands Appreciation Week in Nova Scotia,what
is a wetland, risks of failing to protect wetlands, wetlands services, wetland loss, current
wetland protection, wetland compensation, Washbrook Wetland Project, and Wetlands
committee representatives.
After the presentation, the following motions were put forward:
Motion:
Moved by Councillor Paruch, seconded by Councillor Eldon MacDonald, that CBRM
Council declare August 14-19 "Wetlands Appreciation Week" in the CBRM and proclaim
Wetlands Appreciation Week in years going forward.
Motion Carried.
Continued...
Council Meeting- Minutes
August 22,2023 Approved November 14, 2023 9 of 14
PRESENTATION: Wetlands as Valuable Assets in the CBRM (Cont'd):
Motion:
Moved by Councillor Gordon MacDonald, seconded by Councillor Gillespie, to direct
CBRM staff to engage with stakeholders, locally and provincially, to begin the process of
the development of a municipal wetlands policy that would include research and
consultation.
Discussion:
The following was then discussed:
• Percentage of wetlands in urban and rural CBRM
• Accurate mapping of existing wetlands
• Wetland compensation and offsets on Cape Breton Island
• Restoring wetlands and levels of services required
Motion Carried.
5. REPORT:
5.1 Municipal Artist Initiative:
Nelson MacDonald, Creative Sector Representative, discussed the amount of work that has
been accomplished over the past two years and gave thanks to committee members and
staff for their dedication. Mr. MacDonald provided a presentation on Municipal Artist
Initiative highlighting topics such as how did we get here,the revised vision, how it works,
examples,proposed timeline for 2023, and the program request. The following motion was
then put forward:
Continued...
Council Meeting- Minutes
August 22,2023 Approved November 14, 2023 10 of 14
REPORT: Municipal Artist Initiative (Cont'd):
Motion:
Moved by Councillor O'Quinn, seconded by Councillor Green,to approve $25,000 to fund
the Municipal Artist Initiative for the remainder of this year, and increase funding to
$50,000 for the next fiscal year.
Discussion:
The following was then discussed:
• Dispersement of funding for projects
• Qualifying applications and application process
• Jury to be convened by CBRM Recreation Department and composed of peer artists
from different disciplines
• 25K for this year will come from the Municipal Grants Fund, as it has not been
fully prescribed for the fiscal year
• Venues and partnerships
• Municipal Government Act
• 2017 Creative Economy Growth Plan
• Reporting requirements
• Funding allocations for future budget per Council direction
• Leveraged funding
• Communications regarding the initiative
Motion Carried.
6. CORPORATE SERVICES ISSUES:
6.1 Request for Street Closure (Portion of PID 15751126) Portion of
Undeveloped Section of Williams Avenue, New Waterford(District 11):
Sheila Kolanko, Property Manager, reviewed the Issue Paper in the agenda package and
advised upon review and consideration of the development proposal, recommended
consideration. The following motion was then put forward:
Motion:
Moved by Councillor O'Quinn, seconded by Councillor Paruch, to direct the Legal
Department to initiate a formal street closure pursuant to Section 315 of the
Municipal Government Act, for only that portion of the undeveloped section of
Williams Avenue (portion of PID 15751126) as outlined and crosshatched on the site
plan (Attachment "C") of the Issue Paper dated August 22, 2023, with the intention of
deeming it surplus and sold at market value to the applicant.
Discussion:
During discussion, safety regarding the proposed purpose of the street closing was
discussed, including clearances for snow plowing and maintenance.
Motion Carried.
Continued...
Council Meeting- Minutes
August 22,2023 Approved November 14, 2023 11 of 14
CORPORATE SERVICES ISSUES (Cont'd):
6.2 Request from The Bras d'Or Lake Biosphere Region Association:
The Acting Municipal Clerk/ Regional Solicitor informed the Bras d'Or Lake Biosphere
Region Association(BLBRA)provides for ex-officio appointments from the four counties
and that the CBRM does not currently have a representative. The BLBRA is asking CBRM
to appoint a member to the Association.
During discussion, it was requested that the following information be obtained:
• What is required/time commitment for a Board Member?
• Annual meeting schedule: times, dates, and locations
• Travel requirements
Mayor McDougall-Merrill indicated that either she or the Acting Municipal Clerk would
follow up with Mr. Doug Foster to obtain the requested information. She asked that in the
meantime, Councillors with an interest in serving to put their names forward. At the next
Council meeting a decision regarding an appointment will be made.
6.3 Library Lease Renewal—Dominion Library:
The Acting Municipal Clerk / Regional Solicitor informed the Dominion library lease is
expired and needs renewal for another 5 years with the same terms and conditions including
a 2% cost of living increase per year for the rent. The following motion was then put
forward:
Motion:
Moved by Councillor Eldon MacDonald, seconded by Councillor Parsons, to approve the
staff recommendation to renew the Dominion Library lease for a further 5 years, and that
the Mayor and Clerk be authorized to execute the Lease Agreement for the Dominion
Library.
Motion Carried.
Item 6.4 was removed from the agenda.
7. PUBLIC SERVICE ISSUE:
7.1 Capital Proiects Update: Active Transportation, C200 and Transit Bus
Shelters:
Wayne MacDonald, Director of Engineering & Public Works, reviewed the Issue Paper
included in the agenda regarding funding for Active Transportation, C200 and Transit Bus
Shelters. Then the following motion was put forward:
Continued...
Council Meeting- Minutes
August 22,2023 Approved November 14, 2023 12 of 14
PUBLIC SERVICE ISSUE: Capital Proiects Update: Active Transportation, C200 and
Transit Bus Shelters(Cont'd):
Motion:
Moved by Councillor Parsons, seconded by Councillor Tracey, to approve the funding of
$412,000, $750,000., and $150,000 respectively out of the Sustainable Services Growth
Fund (SSGF) for Active Transportation, C200, and Transit Bus Shelters projects as
presented in the staff Issue Paper dated August 16, 2023.
Discussion:
The following was then discussed:
• Projects account for $1.13 million of fiend, $1.68 million of the fiend remain
• Staff will present to Council at a later date regarding additional projects
• Projects completed and yet to be completed
• Capital reserves
• Frame for project completion
Motion Carried.
8. COUNCILLOR AGENDA REQUESTS:
8.1 Review of the CBRM Burning Bylaw:
Councillor Gordon MacDonald reviewed his agenda request regarding Review of the
CBRM Burning Bylaw. Then the following motion was put forward:
Motion:
Moved by Councillor Gordon MacDonald, seconded by Councillor Paruch, that proposed
amendments to the CBRM Burning Bylaw that will provide fairness to all property
owners/residents across the CBRM, allowing open air burning on their property by
regulation and/or permit, which will encourage safe open air burning enjoyment on their
property.
Discussion:
The following was then discussed:
• Areas where burning is prohibited and not prohibited
• Need for specific definition of open-air burning
• Forest fires
• Public safety
• The environment and climate change--
Motion
hangeMotion Carried.
Continued...
Council Meeting- Minutes
August 22,2023 Approved November 14, 2023 13 of 14
COUNCILLOR AGENDA REQUESTS (Cont'd):
8.2 Street Racine and Vehicle Noise:
Councillor MacMullin reviewed her agenda request regarding Street Racing and Vehicle
Noise. Then the following motion was put forward:
Motion:
Moved by Councillor MacMullin, seconded by Councillor Paruch, that the issue of street
racing and excessive vehicle noise be added to the Police Commission meeting agenda
dated for September 11, 2023. This motion includes the request for response to Council
outlining what actions can/will be taken to address the issue going forward.
Discussion:
The following was then discussed:
• All terrain vehicles
• Excessive speeding/drag racing
• Resident safety
• After market motor vehicle parts
• Possible penalties
• Noise by-law
• Traffic technology (i.e. camera systems and automated ticketing / mailing) and
traffic calming devices
• Mobile speed signs
Motion Carried.
9. COMMITTEE REPORTS:
N/A
10. FINANCIAL STATEMENTS:
10.1 CBRM:
For Information Only.
10.2 Port of Sydney Development Corporation:
For Information Only.
11. Review of Action Items from this Meeting:
At the conclusion of the meeting, Mayor Amanda M. McDougall-Merrill reviewed her list
of action items from the meeting which included the following:
Continued...
Council Meeting- Minutes
August 22,2023 Approved November 14, 2023 14 of 14
Review of Action Items from this Meetine(Cont'd):
1. Going forward,proclaim Wetlands appreciation week annually in August,wetlands
policy, and research mapping will be brought back to Council.
2. Communicate with Dr. Kathleen Aikens to identify any possible wetlands that she
may not be aware of.
3. Fire Services Issue Paper request will go through to Directors group and then back
to Council.
4. Grants to artists roll out.
5. Gather more information on Board Members requirements from The Bras d'Or
Lake Biosphere Region Association, and gathering names of Council who may be
interested in becoming a BLBRA Board member.
6. Request a report from the Port of Sydney Development Corporation regarding Port
finances to be provided to Council.
Meeting adiourned at 8:43 p.m.
Amanda M. McDougall-Merrill Demetri Kachafanas, KC
Mayor Acting Municipal Clerk
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