HomeMy WebLinkAboutCouncil Minutes - May 23, 2023 CAPE BRETON REGIONAL MUNICIPALITY
Council Meeting Minutes
Tuesday,
May 23, 2023
1:45 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 Cyril MacDonald
Councillor Steve Gillespie
Councillor Eldon MacDonald
Councillor Glenn Paruch
Councillor Ken Tracey
Councillor Darren Bruckschwaiger
Councillor Darren O'Quinn
Staff. Marie Walsh, Chief Administrative Officer
John MacKinnon, Deputy Chief Administrative Officer
Jennifer Campbell, Chief Financial Officer
Deborah Campbell Ryan, Municipal Clerk
Demetri Kachafanas, KC, Regional Solicitor
Wayne MacDonald, Director of Engineering &Public Works
Michael Ruus, Director of Planning & Development
Sheila Kolanko, Property Manager
Sharon MacSween, Recording Secretary
Absent: Councillor Earlene MacMullin (Regrets)
Councillor Steve Parsons (Regrets)
Deputy Mayor James Edwards (Regrets)
Councillor Lorne Green (Regrets)
Council Meeting- Minutes
May 23, 2023 Approved June 13, 2023 2 of 11
The Council met earlier this date in accordance with Section 22(2)(a) and (e) of the
Municipal Government Act.
Summary of Decisions
Land Acknowledgement
Roll Call
O' Canada
Welcome to Councillor Darren Bruckschwaiger on his return to Council.
Welcome to Deputy Mayor Martin Kirby, visiting from Warner, Alberta..
1. APPROVAL OF AGENDA:
Motion to approve the May 23, 2023, Council Agenda and Addendum as circulated.
Carried.
2. APPROVAL OF MINUTES:
Motion to approve the Minutes from:
➢ Council Minutes —January 31, 2023
➢ Council Minutes —February 28, 2023
➢ Council Minutes —March 14, 2023
➢ Council Minutes —March 28, 2023
➢ Council Minutes —April 11, 2023
➢ Council Minutes —April 25, 2023
Carried.
3. DELEGATION:
3.1 Cossitt Heights Development Limited:
Motion to amend the original Sales and Purchase Agreement to allow Cossitt Heights
Development Ltd. the option of switching the original phases 3 and 4, and also allow
them the flexibility to change the remaining phases as the market dictates moving
forward for the duration of the project. Carried.
Council Meeting- Minutes
May 23, 2023 Approved June 131h 2023 3 of I1
Summary of Decisions (Cont'd)
4. PROCLAMATIONS:
4.1 Menstrual Health Day:
Motion that CBRM Mayor Amanda M. McDougall-Merrill and Council proclaim May
28'', 2023 as "Menstrual Health Day "in the Cape Breton Regional Municipality.
Carried.
4.2 Victorian Order of Nurses (VON) Week:
Motion that Mayor Amanda M. McDougall-Merrill and Council proclaim May 21-27,
2023 as VON week in the Cape Breton Regional Municipality recognizing the
contributions made by the VON through their work in making our Province a better place
in which to live. Carried.
4.3 International Day Against Homophobia, Transphobia and Biphobia:
Motion that CBRM Mayor Amanda M. McDougall-Merrill and Council proclaim
Wednesday, May 17'', 2023, as International Day Against Homophobia, Transphobia and
Biphobia in the CBRM. Carried.
4.4 100th Anniversary Sydney-Riverview Y Service Club:
Motion that Mayor Amanda M. McDougall-Merrill and Council extend sincere
congratulations to the Sydney-Riverview Y Service Club on the celebration of its 100'h
Year Anniversary with continued support for the communities within the Cape Breton
Regional Municipality.
4.5 Bike Week:
Motion that CBRM Mayor Amanda M. McDougall-Merrill and Council proclaim June 7''
to 18'h as Bike Week in the Cape Breton Regional Municipality. Carried.
Continued...
Council Meeting- Minutes
May 23, 2023 Approved June 13`h, 2023 4 of 11
Summary of Decisions (Cont'd):
PROCLAMATIONS (Cont'd):
4.6 Inflammatory Bowel Disease (IBD) Day:
Motion that CBRM Mayor Amanda M. McDougall-Merrill and Council proclaim May
19d', 2023 as "Inflammatory Bowel Disease (IBD) Day" in the Cape Breton Regional
Municipality and join and spread awareness to better understand these diseases to find a
cure. Carried.
4.7 Filipino Heritage Month:
Motion that CBRM Mayor Amanda M. McDougall-Merrill and Council proclaim the
month of June 2023 as "Filipino Heritage Month" in the Cape Breton Regional
Municipality. Carried.
4.8 Davis Day:
Motion that CBRM Mayor Amanda M. McDougall-Merrill and Council proclaim June
I Ph, 2023 as Davis Day in the CBRM and ask residents to take time to reflect and
remember miners who were killed on the job and on our coal mining heritage the hardships
and sacrifice, the bravery and achievements of Nova Scotia's coal miners. Carried.
5. CORPORATE SERVICES ISSUES:
5.1 Provincial Road Parcels —PID 15571847, Port Morien, NS (District 8):
Motion to authorize the Mayor and Clerk to execute a Quit Claim Deed in favor of His
Majesty The King in right of the Province of Nova Scotia for the streets and lands identified
in Attachment"A" of the staff Issue Paper dated May 23, 2023, subject to existing CBRM
infrastructure. Carried.
5.2 Request for Property from Playschool Daycare, New Waterford, NS
(District 11) Portion of PID 15489354:
Motion to deem that portion of CBRM property (PID 15489354), outlined in red in
Attachment"A" of the staff Issue Paper dated May 23rd, 2023, surplus to the needs of the
municipality and sell to Playschool Day Care Centre for their proposed development. The
sale shall be conditional upon lot consolidation and compliance with Land Use By-law and
issuance of the building development permit. All costs shall be the responsibility of the
applicant. Carried.
Council Meeting- Minutes
May 23, 2023 Approved June 13`h, 2023 5 of 11
Summary of Decisions (Cont'd):
Addendum - Update on Heavy Garbage:
It was noted that a date has not been set for heavy garbage collection, however it may take
place the end of June. CBRM will provide public messaging regarding heaving garbage
and asked that heavy garbage not be placed curbside preemptively.
6. COMMITTEE REPORTS:
N/A
ADJOURNMENT
Council Meeting- Minutes
May 23, 2023 Approved June 13, 2023 6 of 11
The Council met earlier this date in accordance with Section 22(2)(a) and (e) of the
Municipal Government Act.
Land Acknowledgement
Roll Call
Mayor McDougall-Merrill welcomed Councillor Darren Bruckschwaiger on his return to
Council.
Mayor McDougall-Merrill welcomed Deputy Mayor Martin Kirby, visiting from Warner,
Alberta.
O' Canada
1. APPROVAL OF AGENDA:
Councillor Gordon MacDonald requested that a verbal update on heavy garbage be
included on the agenda.
It was agreed that an update on heavy garbage be included on the agenda.
Motion:
Moved by Councillor Cyril MacDonald, seconded by Councillor Paruch, to approve the
May 23, 2023 Council Agenda and Addendum as presented.
Motion Carried.
2. APPROVAL OF MINUTES:
Motion:
Moved by Councillor Paruch, seconded by Councillor Tracey, approval of the Minutes
from:
➢ Council Minutes —January 31, 2023
➢ Council Minutes —February 28, 2023
➢ Council Minutes —March 14, 2023
➢ Council Minutes —March 28, 2023
➢ Council Minutes —April 11, 2023
➢ Council Minutes —April 25, 2023
Motion Carried.
Council Meeting- Minutes
May 23, 2023 Approved June 13`h, 2023 7 of 11
3. DELEGATION:
3.1 Cossitt Heights Development Limited:
Everett Knickle, Spokesperson for the Cossitt Heights Development,provided background
information on the project to develop the Cossitt Heights Industrial Park into a residential
neighbourhood.
Mr. Knickle advised that they are requesting Council approval to allow a change in the
order in which Phases of the Subdivision Plan for Cossitt Heights are implemented as
specified in the original Purchase and Sale Agreement with the CBRM. Phase 3 of the
project was to build single family dwellings. They would like to build duplexes and
apartment buildings in this phase based on need. Because the order of phasing is included
in the Purchase and Sale Agreement, he asked that Mayor and Council consider changing
the phasing in the Purchase and Sale Agreement to allow them to switch the order of the
phases. He further asked for a provision to allow the Planning and Development flexibility
to approve future changes to phasing such as switching the order of phase 5 and 6. It was
pointed out that their project will aid the local housing crisis as the development is high
density residential housing, and create tax revenue that would benefit CBRM and jobs.
After Mr. Knickle's presentation, the following motion was put forward:
Motion:
Moved by Councillor Paruch, seconded by Councillor Eldon MacDonald, to amend the
original Sales and Purchase Agreement to allow Cossitt Heights Development Ltd. the
option of switching the original phases 3 and 4, and also allow them the flexibility to
change the remaining phases as the market dictates moving forward for the duration of the
proj ect.
Discussion:
During discussion, Council expressed their support for the project and future plans for the
residential development.
Motion Carried.
4. PROCLAMATIONS:
4.1 Menstrual Health Day:
Motion:
Moved by Mayor McDougall-Merritt, seconded by Councillor Gordon MacDonald, that
CBRM Mayor Amanda M. McDougall-Merrill and Council proclaim May 28a', 2023 as
"Menstrual Health Day "in the Cape Breton Regional Municipality
Motion Carried.
Continued...
Council Meeting- Minutes
May 23, 2023 Approved June 13`h, 2023 8 of 11
PROCLAMATIONS (Cont'd):
4.2 Victorian Order of Nurses (VON) Week:
Motion:
Moved by Councillor Gordon MacDonald, seconded by Councillor Paruch, that Mayor
Amanda M. McDougall-Merrill and Council proclaim May 21-27, 2023 as VON week in
the Cape Breton Regional Municipality recognizing the contributions made by the VON
through their work in making our Province a better place in which to live
Motion Carried.
4.3 International Day Against Homophobia, Transphobia and Biphobia:
Motion:
Moved by Councillor Cyril MacDonald, seconded by Councillor Gillespie, that CBRM
Mayor Amanda M. McDougall-Merrill and Council proclaim Wednesday, May 17'', 2023,
as International Day Against Homophobia, Transphobia and Biphobia in the CBRM.
Motion Carried.
4.4 100th Anniversary Sydney-Riverview Y Service Club:
Motion:
Moved by Councillor Gillespie, seconded by Councillor Cyril MacDonald, that Mayor
Amanda M. McDougall-Merrill and Council extend sincere congratulations to the Sydney-
Riverview Y Service Club on the celebration of its 100'h Year Anniversary with continued
support for the communities within the Cape Breton Regional Municipality.
Discussion:
Councillor Gillespie referenced the flag raising and convention held locally to recognize
the event.
Motion Carried.
4.5 Bike Week:
Motion:
Moved by Councillor Eldon MacDonald, seconded by Councillor Paruch, that CBRM
Mayor Amanda M. McDougall-Merrill and Council proclaim June 7''to 18'h as Bike Week
in the Cape Breton Regional Municipality.
Motion Carried.
Continued...
Council Meeting- Minutes
May 23, 2023 Approved June 13`h, 2023 9 of I1
PROCLAMATIONS (Cont'd):
4.6 Inflammatory Bowel Disease (IBD) Day:
Motion:
Moved by Councillor Paruch, seconded by Councillor Gillespie, that CBRM Mayor
Amanda M. McDougall-Merrill and Council proclaim May 19'', 2023 as "Inflammatory
Bowel Disease (IBD) Day" in the Cape Breton Regional Municipality and join and spread
awareness to better understand these diseases to find a cure.
Discussion:
Councillor Gillespie reminded Council of the Gutsy Walk event scheduled for Sunday,
June 4'', to raise funds to help people with IBD.
Motion Carried.
4.7 Filipino Heritage Month:
Motion:
Moved by Councillor Tracey, seconded by Councillor Bruckschwaiger,that CBRM Mayor
Amanda M. McDougall-Merrill and Council proclaim the month of June 2023 as "Filipino
Heritage Month" in the Cape Breton Regional Municipality.
Discussion:
The Mayor reminded Council of the flag raising scheduled to mark this event.
Motion Carried.
4.8 Davis Day:
Motion:
Moved by Councillor O'Quinn, seconded by Councillor Eldon MacDonald, that CBRM
Mayor Amanda M. McDougall-Merrill and Council proclaim June 11'',2023 as Davis Day
in the CBRM and ask residents to take time to reflect and remember miners who were
killed on the job and on our coal mining heritage the hardships and sacrifice, the bravery
and achievements of Nova Scotia's coal miners.
Motion Carried.
Davis Day observance will be held this year in Sydney Mines at the Davis Monument on
Pitt Street, and will be returning to New Waterford for the 100'h Anniversary in 2025.
Council Meeting- Minutes
May 23, 2023 Approved June 131h 2023 10 of I1
5. CORPORATE SERVICES ISSUES:
5.1 Provincial Road Parcels —PID 15571847, Port Morien, NS (District 8):
Sheila Kolanko, Property Manager, reviewed the Issue Paper included in the agenda
package. Property Online identifies the registered owner as the Province of Nova Scotia.
A registered Quit Claim Deed from 1987 to the former County of Cape Breton presents a
title issues that creates uncertainty to the ownership. The Legal Department has examined
the legal documents and concurs that the Province of Nova Scotia is the legal registered
owner and a deed from the municipality to the Province will resolve questionable
ownership of the property.
Motion:
Moved by Councillor Tracey, seconded by Councillor Bruckschwaiger, to authorize the
Mayor and Clerk to execute a Quit Claim Deed in favor of His Majesty The King in right
of the Province of Nova Scotia for the streets and lands identified in Attachment"A"in the
staff Issue Paper dated May 23, 2023, subject to existing CBRM infrastructure.
Motion Carried.
5.2 Request for Property from Playschool Daycare, New Waterford, NS
(District 11) Portion of PID 15489354:
Sheila Kolanko, Property Manager reviewed the Issue Paper included in the agenda
package regarding the request from Playschool Daycare Centre for a portion of CBRM
property to expand their existing daycare facility.
Motion:
Moved by Councillor O'Quinn, seconded by Councillor Tracey, to deem that portion of
CBRM property (PID 15489354),outlined in red in Attachment"A"of the staff Issue Paper
dated May 23rd, 2023, surplus to the needs of the municipality and sell to Playschool Day
Care Centre for their proposed development. The sale shall be conditional upon lot
consolidation and compliance with Land Use By-law and issuance of the building
development permit. All costs shall be the responsibility of the applicant.
Motion Carried.
Council Meeting- Minutes
May 23, 2023 Approved June 131h 2023 11 of 11
Addendum - Update on Heavy Garbage:
The Director of Engineering and Public Works advised there had been issues with space
allocation at the landfill due to the amount of tree waste from Hurricane Fiona. The Director
noted that a tender would be issued for the areas that CBRM collects solid waste. For areas
where garbage is collected by contractor, heavy garbage is already included in that existing
tender.
Mr. MacDonald indicated a date has not been set for heavy garbage collection, however it
looks as if it may take place the end of June. He further advised that CBRM will provide
public messaging regarding heaving garbage and asked that heavy garbage not be placed
curbside preemptively.
For information only.
6. COMMITTEE REPORTS:
N/A
Action Items:
At this point in the meeting, Mayor McDougall-Merrill provided the following reminders:
Continuation of Council Budget deliberations will be held May 30a'
• Recommendations from the Strategic Planning Workshop will be brought forward
at the June 13 Council meeting
• A presentation will be provided to Council on June 13 by Deputy Mayor Edwards
and Mayor McDougall-Merrill regarding the Wind Europe Conference
• Port Days
Meeting adiourned at 2:35 p.m.
Mayor Amanda M. McDougall-Merrill Deborah Campbell Ryan
Municipal Clerk
/slm