2007 - 100

January 31, 2008

MUNICIPAL COUNCIL

The Regular Session of the Municipal Council of the Municipality of the County of Colchester was held in the Courthouse, Truro, N.S. on Thursday, January 31, 2008 at 7:00 p.m.

Roll Call The roll was called with the following Councillors in attendance:

Mayor Mike Smith, Chair Councillor Bob Taylor District #1 Councillor Bill Masters District #2 Deputy Mayor Hughie Matheson District #3 Councillor Mike Cooper District #4 Councillor Glen Edwards District #5 Councillor Ron Cavanaugh District #6 Councillor Jimmie LeFresne District #7 Councillor Bob White District #9 Councillor Doug Cooke District #10 Councillor Terri Mingo District #11

Absent:

Councillor Soley Lynds District #8

Approval of Agenda Moved by Councillor Edwards Seconded by Councillor White

“That the agenda for January 31, 2008 be approved with the following additions:

- add 8b: Rural Mail Delivery - add 8c: Higgins Mountain Wind Farm - add 8d: Garbage”

Motion Carried Unanimously.

Approval of Minutes Moved by Deputy Mayor Matheson Seconded by Councillor Cooke

“That the minutes of meeting held on November 29, 2007 be approved as circulated.”

Motion Carried Unanimously.

Business Arising There was no business arising from the minutes of meeting held on from Minutes November 29, 2007.

Presentations Ms. Toni MacAfee, Canadian Union of Postal Workers (CUPW) 2007 - 101

January 31, 2008

Ms. MacAfee introduced the other members from the Canadian Union of Postal Workers - Marilyn Totten, John Callaghan and Jean Francoise Savoie.

In their presentation, the representatives from CUPW informed Council that Canada Post is currently moving forward with plans to review the way it delivers mail to rural communities. In all likelihood, this review will result in replacing the rural home delivery mailboxes with community mailboxes. The process for this review involves a procedure known as the Traffic Safety Assessment Tool. This process does not include consultation with either delivery employees or the residents of the communities affected by this review.

CUPW requested that Council consider endorsement of a resolution in support of a moratorium on removing rural roadside mailboxes until public consultation has taken place. The resolution was read into the record by the Acting Clerk.

Moved by Councillor Taylor Seconded by Councillor Cavanaugh

“That the presentation from the Canadian Union of Postal Workers be received.”

Motion Carried Unanimously.

Moved by Councillor Cavanaugh Seconded by Councillor Cooper

“That Council endorses a resolution from the Canadian Union of Postal Workers in support of a moratorium on removing rural roadside mailboxes; and, that a copy of this resolution be forwarded to the Prime Minister of Canada, the local MP and the local MLA’s.”

Motion Carried Unanimously.

At Council’s request, CUPW agreed to provide a copy of the Traffic Safety Assessment Tool. They also circulated an information package to Council on this issue.

Standing Committee Deputy Mayor Matheson presented reports from Council Committee Report and meetings held on December 13, 2007 and January 17, 2008: Recommendations

N.S. Provincial Moved by Deputy Mayor Matheson Exhibition - Request Seconded by Councillor Masters 2007 - 102

January 31, 2008 for Financial “That Council approves a contribution in the amount of $10,000 for Support the Provincial Exhibition Commission to assist them in covering an operating loss, source of funds to be general operations as an unbudgeted item.”

Motion Carried. (Councillors LeFresne, Cooke and Mingo opposed)

Loan Guarantee - Conflict of Interest Onslow/Belmont Fire Brigade Both Councillor Masters and Councillor White declared a conflict of interest on this item and removed themselves from the table.

Moved by Deputy Mayor Matheson Seconded by Councillor Taylor

“That Council approves that the Municipality of the County of Colchester provide a “letter of intent” in support of a loan of $115,000 for the Onslow-Belmont Fire Brigade for the purchase of a new rescue van and, in the event that this is not satisfactory to the lending institution, that the Municipality provide a loan guarantee for this amount.”

Motion Carried Unanimously.

At this point, Councillor Masters and Councillor White returned to the table.

AMA Spring Moved by Deputy Mayor Matheson Workshop 2008 Seconded by Councillor Taylor

“That Council approves that $1,000 be put in the 2008/09 “maintenance budget” for the AMA Spring Workshop 2008.”

Motion Carried Unanimously.

North Shore Moved by Deputy Mayor Matheson Recreation Centre Seconded by Councillor LeFresne Zamboni “That Council approves an amendment to the 2007/08 capital budget project list for the North Shore Recreation Centre to allow for the purchase of a Zamboni ice machine.”

Motion Carried Unanimously.

Staff agreed to follow up with the Recreation Department in response to Councillor Taylor’s questions on what happens to the old machine and who purchases the equipment, the County or the Recreation Centre. 2007 - 103

January 31, 2008

Potential Joint-Use Conflict of Interest Agreement - Harmony Heights Councillor Mingo declared a conflict of interest on this item and School removed herself from the table.

Moved by Deputy Mayor Matheson Seconded by Councillor Edwards

“That Council authorizes the Mayor and Chief Administrative Officer (Acting) to sign the Harmony Heights Elementary School Joint-Use Agreement with the Chignecto Central Regional School Board.”

Motion Carried Unanimously.

At this point, Councillor Mingo returned to the table.

Executive and Audit There was no business arising from the minutes of the Executive and Committee Audit Committee meetings held on November 29 and December 13, 2007.

Regional Emergency In response to an inquiry from Councillor Taylor, staff advised that Measures Advisory once updated, Councillors will receive a copy of the Regional Committee Emergency Measures Plan.

Following a brief discussion on the Alternate Emergency Measures Coordinator item, it was recommended that the Advisory Committee be requested to advertise for this position.

Moved by Councillor Mingo Seconded by Councillor Cooper

“That the Regional Emergency Measures Advisory Committee be requested to advertise and receive applications for the position of Alternate Emergency Measures Coordinator.”

Motion Carried. (Deputy Mayor Matheson opposed)

Nominating Committee Mayor Smith provided a verbal report from the Nominating Committee meeting held earlier this evening.

Moved by Councillor Taylor Seconded by Councillor Masters

“That Mr. Frank F. Kesick be appointed as a citizen representative on the Police Advisory Committee.” 2007 - 104

January 31, 2008

Motion Carried Unanimously.

ACTION ITEMS

First Reading - Moved by Councillor Masters Proposed Replacement Seconded by Councillor Taylor of the “Mobile Home Park By-law with the “That Council approves at First Reading the Land Lease “Land Lease Development By-law, as presented, for purposes of forwarding these Development By-law documents to a public hearing and reserving consideration of the amendments until Second Reading following the public hearing.”

Motion Carried Unanimously.

Returning Officer - Moved by Councillor Cavanaugh 2008 Municipal Seconded by Councillor Edwards Election “That Council approves an allocation of $15,000 for the position of a Returning Officer for the 2008 municipal election, to be staffed through either an internal or external process; and,

That the Executive and Audit Committee be authorized to proceed with the staffing of this position.”

Motion Carried Unanimously.

Rural Mailbox Delivery Moved by Councillor Mingo Seconded by Councillor Cooper

“That a letter be written to Canada Post to determine why a commitment to Council from their local representative two years ago had not been adhered to, specifically, that Area Councillors be contacted regarding any changes in rural roadside mail delivery.”

Motion Carried Unanimously.

Higgins Mountain Councillor Cooke reported that he had received an invitation to Wind Farm attend a meeting on wind farms in Wentworth on Saturday at 10:00 a.m. He would like to see Council move forward on a wind turbine by-law. Staff advised that a draft by-law will be coming to Council

in the near future now that a model wind turbine by-law has been received from the Union of Nova Scotia Municipalities.

Garbage Deputy Mayor Matheson voiced his concern with the road conditions this winter being the cause of garbage collection being cancelled in some cases for up to four to six weeks. Staff agreed to 2007 - 105

January 31, 2008 follow up on several questions that Deputy Mayor Matheson raised concerning cancellation of collection, notification to residents, and rescheduling.

During discussion on this matter, Council also recommended that a letter be written to the Department of Transportation and Infrastructure Renewal regarding the timeliness of clearing the roads and the effect it has had on services provided by the Municipality.

Moved by Councillor Taylor Seconded by Councillor Cooke

“That a letter be written to the Department of Transportation and Infrastructure Renewal to inform them that, on a number of occasions this winter, garbage and recyclables have not been collected on County roads on the normal collection day due to poor road conditions, and the effect this has had on service provided to residents.”

Motion Carried Unanimously.

Correspondence Council requested the following ‘Correspondence’ items be moved from Information to Action:

- Nos. 4 and 7: letter from Transportation and Infrastructure Renewal dated December 10, 2007 and Charlie Parker, MLA, Pictou West, concerning highway signage at Exit 20 and along Route 289 - No. 6: letter from Service N.S. and Municipal Relations dated December 20, 2007 regarding resolution for payment of royalties for bottled water - No. 10: January 2008 E-News Bulletin from UNSM - No. 11: media release from FCM dated January 3, 2008 concerning new funding opportunity for municipal solid waste projects - Nos. 15 and 15a: copy of Chronicle Herald article from Municipality of East Hants dated January 16, 2008 regarding e-waste and copy of email dated January 14, 2008 regarding electronics program concerns

ACTION

Ken Phillips, Letters dated January 8 and 15, 2008 from Ken Phillips, President, President, Bible Bible Hill Garden Club, requesting funding assistance to host an annual Hill Garden convention in Truro. 2007 - 106

January 31, 2008 Club Moved by Councillor Taylor Seconded by Councillor White

“That the letter from the Bible Hill Garden Club requesting funding assistance to host an annual convention in Truro be referred to Council Committee.”

Motion Carried Unanimously.

Colleen Hunt, A letter to Mayor Smith dated January 8, 2008 from Colleen Hunt, Program Officer, Program Officer, Department of Canadian Heritage, requesting that Department of February 15, 2008 be proclaimed National Flag of Canada Day. Canadian Heritage Moved by Councillor Edwards Seconded by Councillor Cooper

“That February 15, 2008 be proclaimed National Flag of Canada Day in Colchester County.”

Motion Carried Unanimously.

Scott Fisher, Fire A letter to the County dated January 2, 2008 from Scott Fisher, Fire Chief, Hilden Chief, Hilden Fire Brigade, requesting a loan guarantee for a new Fire Brigade pumper tanker.

Moved by Councillor Mingo Seconded by Deputy Mayor Matheson

“That the letter from the Hilden Fire Brigade requesting a loan guarantee for a new pumper tanker be referred to Council Committee.”

Motion Carried Unanimously.

Colin A letter to Mayor and Council dated January 23, 2008 from Colin Cunningham, Cunningham, President, Tatamagouche Fire Department, regarding President, fire protection area rates. Tatamagouche Fire Department

Moved by Councillor LeFresne Seconded by Councillor Edwards

“That the letter from the Tatamagouche Fire Department requesting that the County treat the entire fire district as one and levy the same area rate to all taxpayers in this district, be received for information purposes.” 2007 - 107

January 31, 2008

Motion Defeated. (Mayor Smith, Deputy Mayor Matheson, Councillors Taylor, Masters, White, Cooke and Mingo opposed)

Having defeated the motion to receive this letter for information, further Council debate resulted in a recommendation to invite the Tatamagouche Fire Department in to make a presentation to Council for further clarification of their request.

Moved by Councillor Masters Seconded by Deputy Mayor Matheson

“That the Tatamagouche Fire Department be invited to make a presentation to Council to further clarify their request to levy the same area rate to all taxpayers in their fire district.”

Motion Carried Unanimously.

Mike A letter dated January 31, 2008 from Mike Muggeridge, President, Muggeridge, Truro Rugby Club, requesting a letter of support for a provincial Pesident, Truro funding application and requesting a tax exemption for the Truro Rugby Rugby Club Club.

Moved by Councillor Cavanaugh Seconded by Councillor Edwards

“That the letter from the Truro Rugby Club requesting a letter of support and a tax exemption be referred to Council Committee.”

Motion Carried Unanimously.

Raymond Tynes, Conflict of Interest Banquet Chair and Coordinator, Councillor White declared a conflict of interest on this item and removed African Heritage himself from the table. Month Gala Banquet A letter dated January 14, 2008 from Raymond Tynes, Banquet Chair and Coordinator, African Heritage Month Gala Banquet, regarding purchase of tickets for banquet being held in February.

Following a brief discussion, it was recommended that the request to purchase tickets for a table at the African Heritage Month Gala Banquet be received for information as it is not Council’s policy to purchase tickets for such events.

Moved by Councillor Edwards Seconded by Councillor Mingo 2007 - 108

January 31, 2008

“That the request from Mr. Raymond Tynes to purchase tickets to the African Heritage Month Gala Banquet be received for information; and,

That the written response to Mr. Tynes note that Council’s decision would in no way prevent Councillors from purchasing individual tickets for themselves at their own expense.”

Motion Carried Unanimously.

At this point, Councillor White returned to the table.

Anne Perigo & A letter to Mayor Smith dated January 30, 2008 from Anne Perigo and Catherine Catherine MacNevin, Tournament Chairs, Irving Challenge Cup, MacNevin, seeking financial sponsorship for the 2008 Irving Oil Challenge Tournament Tournament. Chairs, Irving Challenge Cup Moved by Councillor Taylor Seconded by Councillor Edwards

“That the letter from the Chairs for the Irving Challenge Cup requesting financial sponsorship for the 2008 Irving Oil Challenge Tournament be referred to Council Committee.”

Motion Carried Unanimously.

Rob Billard, A letter to the Acting Chief Administrative Officer dated December 10, District Traffic 2007 from Rob Billard, District Traffic Supervisor-Northern, Supervisor- Transportation and Infrastructure Renewal and a letter to Mayor Northern, Smith dated December 21, 2007 from Charlie Parker, MLA, Pictou Transportation West, concerning highway signage at Exit 20 and along Route 289. & Infrastructure Renewal AND Moved by Councillor Cooper Seconded by Councillor Mingo Charlie Parker, MLA, Pictou “That a letter be sent to MLA to seek his position on the West highway signage at Exit 20 and along Route 289 and attach copies of the letters from Transportation and Infrastructure Renewal and MLA Charlie Parker.”

Motion Carried Unanimously. Councillor Cooper indicated that he would like to see the draft letter before it is sent out.

Jamie Muir, A letter to Mayor Smith dated December 20, 2007 from , Minister of Minister of Service Nova Scotia and Municipal Relations, regarding Service NS & the resolution for payment of royalties for bottled water. Municipal 2007 - 109

January 31, 2008

Relations Moved by Deputy Mayor Matheson Seconded by Councillor Edwards

“That a letter be sent to the Minister of Service Nova Scotia and Municipal Relations, indicating that the Municipality looks forward to receiving a copy of the Minister’s response to the Union of Nova Scotia Municipalities once a review of the resolution on payment of royalties for bottled water has been completed.”

Motion Carried Unanimously.

Union of NS A copy of an E-News Bulletin for January 2008 received from the Union Municipalities of Nova Scotia Municipalities.

Deputy Mayor Matheson indicated that information on meetings that a member of Council should attend is not being made available in a timely manner. He made reference to a recent Land Management Workshop and a Rural Caucus meeting. Mayor Smith agreed that the Municipality should have Council representation at future Rural Caucus meetings.

Gord Steeves, A copy of a media release dated January 3, 2008 from Gord Steeves, President, FCM President, Federation of Canadian Municipalities, concerning a new funding opportunity for municipal solid waste projects.

In response to an inquiry from Deputy Mayor Matheson, staff advised that programs such as the Green Municipal Fund are considered as a source of funding for municipal solid waste projects.

Andrea Trask, A copy of a Chronicle Herald article dated January 16, 2008 and a copy Municipality of of an email dated January 14, 2008 from Andrea Trask, Municipality of East Hants East Hants, regarding e-waste and the electronics program.

Moved by Councillor Cooper Seconded by Deputy Mayor Matheson

“That the correspondence from the Municipality of East Hants concerning the Electronics Stewardship Program be referred to Council Committee; and,

That when this matter is brought forward to Council Committee, that the Resource Recovery Fund Board be invited to this meeting to make a presentation.”

Motion Carried Unanimously.

INFORMATION 2007 - 110

January 31, 2008

Maureen A letter to Mayor Smith dated November 27, 2007 from Maureen Summers, Summers, Executive Director, Canadian Cancer Society, regarding an Executive amendment to the Smoke Free Places Act. Council agreed to receive this Director, letter for information purposes. Canadian Cancer Society

NS Health A copy of the 2006-07 annual report received from the Nova Scotia Research Health Research Foundation (complete report on file in CAO’s office). Foundation Council agreed to receive this report for information purposes.

Leslie MacLaren A letter to Mayor Smith dated December 5, 2007 from Leslie MacLaren and Bernie and Bernie MacDonald, Nova Scotia Agricultural College, concerning MacDonald, NS a change in governance for the Agricultural College. Council agreed to Agricultural receive this letter for information purposes. College

Laureen A letter to Mayor Smith dated December 14, 2007 from Laureen Rushton, School Rushton, School Advisory Council, Debert Elementary School, Advisory attaching a letter to the Director of Public Works regarding safety Council, Debert concerns and the County’s response dated December 21, 2007. Council Elementary agreed to receive this letter for information purposes. School

Lloyd Hines, A letter to Mayor Smith dated December 21, 2007 from Lloyd Hines, Chair, Board of Chair, Board of Directors, Property Valuation Services Corporation, Directors, concerning client services. Council agreed to receive this letter for Property information purposes. Valuation Services Corp.

Union of NS A copy of an E-News Flash concerning Board meeting outcomes from a Municipalities meeting held on December 14, 2007. Council agreed to receive this correspondence for information purposes.

Gordon Eaton, A copy of a press release dated January 4, 2008 from Gordon Eaton, Citizens Citizens Monitoring Committee, regarding MedNova Tech Monitoring International’s trip to Shanghai and Taiwan. Council agreed to receive Committee this press release for information purposes.

Jamie Muir, A letter to Mayor Smith dated January 7, 2008 from Jamie Muir, MLA, MLA, Truro- Truro-Bible Hill, regarding the installation of traffic lights at the Bible Hill intersection of Highway 2 and Route 289. Council agreed to receive this letter for information purposes.

Citizens Against A copy of an email to the Minister of Environment and Labour from the Burning of Tires Citizens Against the Burning of Tires, regarding pyrolysis. Council agreed to receive this email for information purposes. 2007 - 111

January 31, 2008

Deborah Elliott, A letter to Mayor Smith dated January 18, 2008 from Deborah Elliott, Executive Executive Director, Downtown Truro Partnership, regarding the Director, discontinuance of the Truro Tulip Festival. Council agreed to receive this Downtown Truro letter for information purposes. Partnership

Union of NS A copy of an E-News Flash from the Union of Nova Scotia Municipalities Municipalities, concerning Board meeting outcomes from a meeting held on January 17, 2008. Council agreed to receive this correspondence for information purposes.

Karen Casey, A letter to Mayor Smith dated January 21, 2008 from , MLA, Colchester MLA, Colchester North, concerning a petition for a sidewalk and four- North way stop at the intersection of Eagle Drive and Raven Road. Council agreed to receive this letter for information purposes.

Building A copy of the Building Permit Statistics report for the months of Inspector November and December 2007 received from the Building Inspector. Council agreed to receive this report for information purposes.

Development A copy of the Development Activity report for the months of November Officer and December 2007 received from the Development Officer. Council agreed to receive this report for information purposes.

Dr. Joan A copy of the 2007 Annual Report to the Community (copy of report on McArthur-Blair, file in CAO’s office). Council agreed to receive this report for President, NSCC information purposes.

Cecil Clarke, A letter to Mayor Smith dated January 23, 2008 from Cecil Clarke, Minister of Minister of Justice, concerning the allocation of RCMP officers. Justice Council agreed to receive this letter for information purposes.

John A copy of a press release dated January 23, 2008 from John Cianfaglione, Cianfaglione, Communications Coordinator, Offshore Energy Communications Research Association, regarding a report for the Fundy Tidal Energy Coordinator, Strategic Environmental Assessment. Council agreed to receive this Offshore Energy press release for information purposes. Research Assoc.

John A copy of the Fundy Tidal Energy Strategic Environmental Assessment Cianfaglione, Newsletter for January 2008 received from John Cianfaglione, Communications Communications Coordinator, Offshore Energy Research Coordinator, Association. Council agreed to receive this newsletter for information Offshore Energy purposes. Research Association

Bernie White, A copy of a letter dated January 25, 2008 from Bernie White, Municipal 2007 - 112

January 31, 2008

Municipal Clerk, Clerk, Cape Breton Regional Municipality, concerning railway CBRM transportation from Sydney to Truro and Halifax. Council agreed to receive this letter for information purposes.

Tracy Werenka, A copy of a letter dated January 23, 2008 from Tracy Werenka, Deputy Deputy Mayor, Mayor, Town of Stewiacke, concerning the provincial ban on Town of electronics. Council agreed to receive this letter for information Stewiacke purposes.

Andrea Trask, A copy of an email dated January 28, 2008 from Andrea Trask, A/Solid A/Solid Waste Waste Manager, Municipality of East Hants, regarding a drop-off Manager, location in Colchester County for electronics (copy of additional Municipality of information on file in CAO’s office). Council agreed to receive this East Hants email for information purposes.

Union of NS A copy of an E-News Flash dated January 30, 2008 from the Union of Municipalities Nova Scotia Municipalities, regarding a final report on Wind Turbine By-laws and Best Practices for Nova Scotia Municipalities (complete report on file in CAO’s office). Council agreed to receive this correspondence for information purposes.

The Honourable A copy of a memorandum dated January 25, 2008 from the Honourable William Dooks, William Dooks, Minister of Tourism, requesting nominations for the Minister of Order of Nova Scotia. Council agreed to receive this memorandum for Tourism information purposes.

INFORMATION ITEMS

Tax Sale - Staff recently held a tax sale on December 12, 2007. Thirteen properties December 12, 2007 were advertised originally, seven were removed prior to the sale due to payment by the owner. Of the six properties remaining, four were sold , one was paid out by the owner at the time of the sale and one did not receive any bids; therefore, will be added to the list for the next sale in March 2008.

Reports from Councillor Taylor reported on a meeting held last week of the Steering Councillors Committee for Bible Hill water projects. The Town of Truro has now Appointed to become part of the Committee. It looks like funding will be forthcoming Outside Boards and for Phase 3 in this budget year and Phase 4 next year. With regard to the Agencies water tower situation, Councillor Taylor indicated that a formal request should be coming from the Village to ask the Municipality to participate in this project.

Councillor Cavanaugh reported that he had met with Elwood Dillman and Robert Spence of MedNova Tech International. A further presentation to 2007 - 113

January 31, 2008

the Citizens Monitoring Committee and the local community has been delayed until sometime in February.

Councillor Cavanaugh reported that the Flood Committee has completed all scheduled projects for this fiscal year.

Councillor Edwards reported that the annual general meeting for the Central Nova Tourist Association is being held in Amherst this year.

Recess Council agreed to recess to an in-camera session at 9:40 p.m. and reconvened in open session at 9:45 p.m.

Adjournment Moved by Councillor Edwards Seconded by Councillor Cavanaugh

“That the meeting be adjourned at 9:47 p.m.”

Motion Carried Unanimously.

Sheila Arsenault Recording Secretary