Special Session of Council January 31, 2006

SUMMARY OF MOTIONS

MOTION 001101.01 Lifeplex Wellness Centre, Cornwallis Park...... 3

MOTION 001101.02 Temporary Borrowing Resolution...... 4

MOTION 001101.03 Capital Grant – Basin Wellness Society...... 5 Minutes of the special session of Municipal Council held on the 31st day of January, 2006, in the Municipal Administration Building, Annapolis Royal, N.S., at 10:00 a.m.

Present: Warden Peter Newton; Deputy Warden Reg Ritchie; Councillors Marilyn Wilkins, Brian “Fuzzy” Connell, Wayne Fowler, Herb Anderson, Tom Vitiello, Patrick McWade, Phil Milo, Peter Terauds and Ron Trimper; Chief Administrative Officer Keith Robicheau and Municipal Clerk Jacquie Farrow-Lawrence.

Also Present: Municipal Services Director Laurie Emms, Recreation Coordinator Debra Ryan, Assistant to the CAO Dawn Campbell, Network Technician Justin Spurr, and Administrative Assistant Carolyn Young.

Guests: Hon. , MP for and Executive Assistant Terrie Little Mr. Harold Theriault, MLA for Digby-Annapolis (11:10 a.m.) Warden James Thurber and CAO Linda Fraser, Municipality of the District of Digby Mayor John Kinsella and Deputy-Mayor Jane DeWolfe, Town of Annapolis Royal General Manager Mark Phillips and Communications Consultant Peter MacLellan, Annapolis Basin Conference Centre Chair Greg Kerr, Vice Chair Maurice MacDonald, Lifeplex Manager Suzette Delmage, Lifeplex Facility Consultant Bill Burke, and Treasurer Sherry Burt, Basin Wellness Society Mike Trinacty, Regional Representative, NS Office of Health Promotion Louise Cottreau, Annapolis West Health Foundation Louise Watson, NS Office of Economic Development

Purpose of Meeting The purpose of the meeting was to consider the request for financing assistance by the Basin Wellness Society for the Lifeplex project.

The Warden called the meeting to order at 10:00 a.m., reviewed the agenda and invited those present to introduce themselves.

Re: Basin Wellness Society – LIFEPLEX Wellness Centre  Presentation: The following is a summary of the presentation concerning the Lifeplex Facility by representatives of the Basin Wellness Society (BWS): o Overview of Project Origin/Background and Evolution: covering the period when CFB Cornwallis was closed (1994) to the initiation of construction for Phase I (Fall 2004) and Phase II (2005). o Overview of Operating Plan-Health Issues, Planned Programs/Services & Opportunities: Fitness & Cardio Centre; Aquatic Centre; Wellness Programs & Services; Other Features-babysitting, rentals, training & leadership programs and employee fitness & wellness programs; and Research. o Overview of Project Status – Construction Progress and Costs: The total construction cost estimate of both phases is $6,431,000. Design costs, furniture, fixtures, start up costs, consulting fees, planning fees and other costs bring the project total to $7,400,000. Work was stopped by the contractor for Phase II on January 25th. o Estimated Project Funding ($7,400,000): Annapolis Basin Conference Centre - $2,600,000; Canada/N.S. Infrastructure Program - $1,500,000; Office of Health Promotion - $250,000; County of Annapolis - $300,000; Other municipal funding - $400,000; and Capital Campaign - $2,300,000. Page 1 of 5 SPECIAL COUNCIL JANUARY 31, 2006

o Overview of New Fundraising Strategy & Plan and Current Status - A five-year plan (2006 to 2010) has been prepared to establish funding targets for the $2,300,000 capital campaign but currently the campaign is on hold due to the project stoppage. o Overview of Research Program Directions – consulting with Dr. David Woolnough as a measurement or tool to enable comparisons required by the Department of Health (opportunity to study rural population health; establishing baseline information on rural populations, tracking impact of prescribed activity and wellness programs and study of specific groups and specific health issues). o Update on Communications Activities and Communications Plan – A Communication Committee is overseeing this component, but the communications plan is on hold until the construction resumes.

 Question & Answer Period It was moved by Councillor Trimper, seconded by Councillor Fowler, that guests be invited to participate in the discussion. Motion carried unanimously.

Guests were provided an opportunity to ask questions, which were addressed by representatives of the Basin Wellness Society. Subsequently, members of Council made comments and observations about the project and posed questions to the representatives of the Basin Wellness Society. Mr. Thibault noted he will endeavour to access additional Federal funding for the project but cautioned that grant approval cannot be made retroactive. Mayor Kinsella advised that the Council of the Town of Annapolis Royal will consider a capital contribution at their next meeting and that there is general support for this regional initiative. Warden Thurber expressed his appreciation for the opportunity to be brought up to date on the project and advised he will report to Council, which is considering how the Municipality of the District of Digby may be able to assist with the project.

 Summary of Information Gathered by Staff o An overview of information gathered from similar facilities in and New Brunswick was submitted by Recreation Coordinator Debra Ryan. This covered ownership, municipal and other support, catchment area, hours of operation, operating budget data, staffing and membership fees.

 Review of Issues and Response Options – Basin Wellness Society Request The CAO reviewed background information, issues and possible response options related to the request to provide the financing necessary to complete the project. This included the County’s borrowing capacity within policy limits and guidelines established by Service Nova Scotia & Municipal Relations and critical success factors for the project, including the Basin Wellness Society’s new fundraising strategy, operating plan and budget, volunteer commitment, partnerships and long-term planning.

Two options for assisting with the required financing and the advantages and disadvantages of each were reviewed: (1) obtain authority through a Local Bill to guarantee borrowing by Basin Wellness Society; and (2) transfer of ownership to the County, which would then have authority to borrow.

The CAO also presented information about the Green Municipal Energy Funds program, recently announced by the Federation of Canadian Municipalities. He indicated that the eligibility requirements and relevance of this program will be reviewed in consideration of a submission for the Lifeplex project.

Adjourn for Lunch Councillor Fowler moved, seconded by Councillor McWade, that Council adjourn for lunch at 12:22 p.m. Motion carried unanimously. Council reconvened at 1:30 p.m. with all Councillors present except Councillor Connell.

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Councillor Vitiello raised the matter of whether the Municipal Solicitor should be present for discussions about potential acquisition of the property by the County since there may be legal issues between the Basin Wellness Society and its construction contractors respecting the work stoppage. The CAO advised that if the Council moves in the direction of the option of taking title to the property, it should be subject to a review of the legal implications and a report by the Municipal Solicitor. However, the County is not presently involved, does not have any specific information and should not speculate about any legal issues between the Basin Wellness Society and its contractors, which are private matters between those parties.

 Guiding Principles – Operating and Management Agreement Regarding the option of municipal ownership of the facility, the Basin Wellness Society wishes to manage and operate the facility under an agreement with the County. The CAO presented some principles respecting special purpose bodies, agencies, boards and commissions for Council’s consideration in guiding the drafting of an operating and management agreement. There was consensus agreement on the principles presented and additions were made as follows: (1) Council should approve any leases and commitments extending beyond one year; (2) commercial leases in the building should be in accordance with the Municipal Government Act; (3) there should be role clarity respecting project partners such as Annapolis Basin Conference Centre, health foundations and boards and other municipalities; (4) there should be clarity in the administrative structure, roles and functions; and (5) there should be an appropriate threshold for capital expenditures and disposals that will be subject to the approval of Council.

 Review of Borrowing Approval Requirements o The CAO reviewed municipal authority in the Municipal Government Act to acquire and own property under Section 50, to borrow for capital purposes under Section 66 and to expend money for operating and capital purposes under Section 65. o The CAO provided an overview of the purpose of a Temporary Borrowing Resolution as an instrument to enable the municipality to borrow and explained that it does not commit the Council to undertake the borrowing for the full amount specified.

 Correspondence o Email Tabled at January 17th Council Session – Council reviewed an email dated January 12th from Angela Chartier, resident of Tupperville, stating concerns with respect to the need for the Lifeplex Facility. It was moved by Councillor Wilkins, seconded by Councillor McWade, that this correspondence be received for information. Motion carried unanimously. o Excerpt from January 31st Edition of the Chronicle Herald – Councillor Terauds provided a copy of this excerpt which reflected the deliberations between the Town of Bridgewater and District of Lunenburg for building a multimillion-dollar complex (had each agreed to set aside $2.5 million for the proposed centre). Councillor Terauds moved, seconded by Councillor McWade, that this news item be received for information. Motion carried unanimously.

 Resolution Respecting LIFEPLEX Wellness Centre, Cornwallis Park

MOTION 001101.01 Lifeplex Wellness Centre, Cornwallis Park Councillor McWade moved, seconded by Councillor Anderson, that:

WHEREAS Subsection 50(1) of the Municipal Government Act provides that a municipality may acquire and own property granted or conveyed to the municipality either absolutely or in trust for a public or charitable purpose.

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AND WHEREAS Section 66 of the Municipal Government Act provides that a municipality may borrow to carry out an authority to expend funds for capital purposes respecting any land, building or undertaking owned by the municipality.

AND WHEREAS Section 65 of the Municipal Government Act provides that the council may expend money required by the municipality for swimming pools, other recreation facilities, community centers and buildings for medical centers to encourage medical doctors and other health professionals to locate in the municipality or a part of it;

BE IT RESOLVED THAT the Council of the Municipality of the County of Annapolis approves the acquisition of the LIFEPLEX Wellness Centre from the Basin Wellness Society, subject to: 1. a report by the Municipal Engineer respecting a review of the property and capital work completed to date; 2. a report by the Municipal Solicitor respecting a title search; and 3. a report by the Municipal Solicitor respecting all current contractual obligations and liabilities;

BE IT FURTHER RESOLVED THAT the Council of the Municipality of the County of Annapolis approves borrowing for the LIFEPLEX Wellness Facility in an amount not to exceed $2,500,000 subject to: 1. receiving a report from the Municipal Engineer respecting a review of the costs to complete the project; and 2. adoption by Council of a Temporary Borrowing Resolution and its subsequent approval by the Minister of Service Nova Scotia and Municipal Relations.

AND BE IT FURTHER RESOLVED THAT the Municipality continues to pursue other funding from municipal partners, other levels of government and funding programs.

Councillor Vitiello moved, seconded by Councillor Fowler, that this motion be tabled until a response on funding commitments is received from participating municipal partners at today’s meeting. Motion to table lost (4 in favour-Fowler, Vitiello, Milo and Trimper; 6 against- Wilkins, Anderson, McWade, Newton, Ritchie and Terauds.

The original motion was called for: Motion carried (6 in favour-Wilkins, Anderson, McWade, Newton, Ritchie and Terauds; 4 against-Fowler, Vitiello, Milo and Trimper.)

 Temporary Borrowing Resolution

MOTION 001101.02 Temporary Borrowing Resolution It was moved by Councillor Wilkins, seconded by Councillor McWade, that Municipal Council approve a Temporary Borrowing Resolution as presented authorizing borrowing from time to time not exceeding an amount of $2,500,000 for the Lifeplex Wellness Centre project. Motion carried (6 in favour-Wilkins, Anderson, McWade, Newton, Ritchie and Terauds; 4 against-Fowler, Vitiello, Milo and Trimper.)

- See Schedule A to the minutes.

 FCM Green Municipal Funds Program – It was the consensus that the CAO be authorized to submit a funding application for the Lifeplex Wellness Centre under this program. Page 4 of 5 SPECIAL COUNCIL JANUARY 31, 2006

In-Camera Session: Council met in closed session at 2:35 p.m. upon motion of Councillor McWade, seconded by Councillor Milo, pursuant to Section 22(2)(e) of the Municipal Government Act (contract negotiations with Basin Wellness Society). Motion carried unanimously. Council resumed regular session at 2:55 p.m.

Other Business:

Re: Capital Grant – Basin Wellness Society

MOTION 001101.03 Capital Grant – Basin Wellness Society Councillor McWade moved, seconded by Councillor Anderson that the Municipality make a capital grant to the Basin Wellness Society in the amount of $25,000. Motion carried unanimously.

Adjournment Upon motion of Councillor McWade, seconded by Councillor Anderson, the meeting adjourned at 2:58 p.m.

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Warden Municipal Clerk

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