Regular Session of Municipal Council Held on December 20, 2011, at the Municipal Administration Building, Annapolis Royal, N.S

MUNICIPAL COUNCIL December 20, 2011

SUMMARY OF MOTIONS

MOTION 111220.01 Minutes – Regular Session, November 15, 2011 ...... 1 MOTION 111220.02 Annapolis County MPS LUB (Wind Power) – Add Effective Date ...... 1 MOTION 111220.03 S2 Building Bylaw – Final Reading ...... 2 MOTION 111220.04 C7 Elections Deposit Bylaw – Final Reading ...... 2 MOTION 111220.05 In-Camera, Section 22 (2) (e) ...... 2 MOTION 111220.06 February Council - Inglewood ...... 2 MOTION 111220.07 Bridgetown Volunteer Fire Department – Loan Payments ...... 2 MOTION 111220.08 Bridgetown Volunteer Fire Department – Release of Funds ...... 3 MOTION 111220.09 AM-1.3.1 Presentation of Annual Reports Policy - Amend ...... 3 MOTION 111220.10 M9 Tax Deed Bylaw - Amend ...... 3 MOTION 111220.11 AM-2.1.4 Vacation Leave Policy - Amend ...... 3 MOTION 111220.12 AM-2.1.5 Sick Leave Policy - Amend ...... 3 MOTION 111220.13 AM-1.4.9 Community Grants Policy - Amend ...... 3 MOTION 111220.14 Upper Clements Area LUB Text Amendment – Final Reading...... 4 MOTION 111220.15 Fire Operating Grants ...... 4 MOTION 111220.16 Transit Negotiations ...... 4 MOTION 111220.17 Transit Advisory Committee ...... 4 MOTION 111220.18 Paradise Community Hall Association – CHCAP Grant $2400 ...... 4 MOTION 111220.19 Lower Granville Hall Association – CHCAP Grant $1200 ...... 4 MOTION 111220.20 FundyWEB Broadband ...... 5 MOTION 111220.21 Soldiers Memorial Hospital Foundation – Letter of Opposition ...... 5 MOTION 111220.22 South Shore Annapolis Valley Trail Association – Letter of Support ...... 5 MOTION 111220.23 In-Camera, Section 22 (2) (e) ...... 7 MOTION 111220.24 Fundy YMCA...... 7 MOTION 111220.25 In-Camera, Section 22 (2) (c) ...... 8

Minutes of the regular session of Municipal Council held on December 20, 2011, at the Municipal Administration Building, Annapolis Royal, N.S. at 10:00 a.m.

Present: Warden Reginald Ritchie, Deputy Warden Patrick McWade (10:10); Councillors: Marilyn Wilkins, Brian ‘Fuzzy’ Connell, Wayne Fowler, Paul McDonald, Tom Vitiello, Burt McNeil, Frank Chipman, Martha Roberts, and Ron Trimper. Staff: CAO Brenda Orchard, Executive Assistant/Municipal Clerk Carolyn Young, A/Deputy CAO Dawn Campbell, Manager of Planning Albert Dunphy, Manager of Protective Services Cheryl Mason, several members of the public.

Administration of Oath of Office The Municipal Clerk administered the Oath of Office to Councillor Burt McNeil, with some of his family members in attendance.

Minutes

MOTION 111220.01 Minutes – Regular Session, November 15, 2011 It was moved by Councillor Fowler, seconded by Councillor Roberts, that the minutes of the regular session of Council held on November 15, 2011, be approved as circulated. Motion carried unanimously.

Additions/Deletions to the Agenda

It was the consensus of Council to add the following Correspondence items to the end of the agenda: Municipality of the District of Digby; Peter & Jane Nicholson; Oakdene Request; MLA Kings North; CTV News Article; Bob Mann; Old Mill Trail Purchase Update; Wharf Waste; Invitation to Tour Mountain Lea Lodge and the Adult Residential Centre.

Re: Special COTW - Budget – At Committee of the Whole a date had been set for February 16th which has to be changed. A new date of February 20th, 2012, was set for the Special COTW – Budget meeting, Annapolis Royal at 9:00 a.m.

NEW BUSINESS

Re: Annapolis County MPS LUB (Wind Power)

MOTION 111220.02 Annapolis County MPS LUB (Wind Power) – Add Effective Date Councillor Fowler moved, seconded by Councillor Roberts, in accordance with Policy 12.6.1 of the Annapolis County Municipal Planning Strategy and Land Use Bylaw (Wind Power), that Municipal Council amend the “Notes to Reader” sections of the Annapolis County Municipal Planning Strategy and Land Use Bylaw to add December 1, 2011, as the effective date. Motion carried unanimously.

BUSINESS ARISING FROM THE MINUTES

Re: S2 Building Bylaw – Final Reading

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MOTION 111220.03 S2 Building Bylaw – Final Reading In accordance with first reading given on October 18, 2011, Deputy Warden McWade moved, seconded by Councillor McDonald, that final reading be given to amend the S2 Building Bylaw as circulated. Motion carried unanimously.

Re: C7 Elections Deposit Bylaw – Final Reading

MOTION 111220.04 C7 Elections Deposit Bylaw – Final Reading Pursuant to first reading given on October 18, 2011, Deputy Warden McWade moved, seconded by Councillor McDonald, that final reading be given to amend the C7 Elections Deposit Bylaw as circulated. Motion carried unanimously.

REPORTS AND RECOMMENDATIONS

Re: Municipal Solicitor o W. Bruce Gillis, Q.C. – submitted a report for the month of November regarding the following: • Outstanding Tax Account • Human Resource Matters • Notice received to settle Supreme Court proceedings regarding Olscamp. o Blaine Schumacher • Kings Transit • Human Resource Matters

It was moved by Councillor Fowler, seconded by Councillor Wilkins, to approve the reports as submitted. Motion carried unanimously.

In-camera MOTION 111220.05 In-Camera, Section 22 (2) (e) It was moved by Councillor Wilkins, seconded by Councillor McDonald, to go in-camera at 10:15 a.m. to discuss contract negotiations in accordance with Section 22 (2) (e) of the Municipal Government Act, and Council returned to regular session at 10:55 a.m. Motion carried unanimously.

Re: Final Report Special Election District 7 – Councillor Wilkins moved, seconded by Councillor McDonald, to receive for information. Motion carried unanimously.

Re: Committee of the Whole (December 13th meeting)  Council – February 2012, Inglewood MOTION 111220.06 February Council - Inglewood In accordance with the recommendation of Committee of the Whole, I move that Municipal Council accept the invitation from the Inglewood Community Club to hold the February Council session in Inglewood in celebration of African Heritage Month. Motion carried unanimously.

 Bridgetown Volunteer Fire Department – Loan Payment MOTION 111220.07 Bridgetown Volunteer Fire Department – Loan Payments Upon recommendation of Committee of the Whole, Deputy Warden McWade moved, seconded by Councillor McNeil, that Municipal Council authorize a release from their annual allocation, to the Bridgetown Volunteer Fire Department, of $10,000 to cover the payment on their $100,000 building loan due January 31, 2012 and authorize the release of $16,500 to Page 2 of 8

cover the payment for their $165,000 truck loan due March 31, 2012 for a total of $26,500 to be transferred to the principal portion of each current loan. Motion carried unanimously.

 Bridgetown Volunteer Fire Department – Release of Funds MOTION 111220.08 Bridgetown Volunteer Fire Department – Release of Funds In accordance with the recommendation of Committee of the Whole, it was moved by Deputy Warden McWade, seconded by Councillor McDonald, that Municipal Council release from the Capital Fund allocation to the Town of Bridgetown the amount of $8,660 based on the County’s 80% cost for an existing loan to retrofit the rescue truck. Motion carried unanimously.

 AM-1.3.1 Presentation of Annual Reports Policy - Amend MOTION 111220.09 AM-1.3.1 Presentation of Annual Reports Policy - Amend Pursuant to seven day notice given, Deputy Warden McWade moved, seconded by Councillor Wilkins, that Municipal Council amend AM-1.3.1 Presentation of Annual Reports Policy as circulated. Motion carried unanimously.

 M9 Tax Deed Bylaw - Amend MOTION 111220.10 M9 Tax Deed Bylaw - Amend In accordance with the recommendation of Committee of the Whole, it was moved by Deputy Warden McWade, seconded by Councillor Connell, that Municipal Council give first reading to amend the M9 Tax Deed Bylaw by correcting the statutory reference to “Municipal Government Act” and by deleting the words “the greater of sixty dollars ($60) or”. Motion carried unanimously.

 AM-2.1.4 Vacation Leave Policy - Amend MOTION 111220.11 AM-2.1.4 Vacation Leave Policy - Amend In accordance with seven day notice given, Deputy Warden McWade moved, seconded by Councillor McDonald, that Municipal Council amend AM-2.1.4 Vacation Leave Policy as circulated. Motion carried unanimously.

 AM-2.1.5 Sick Leave Policy - Amend MOTION 111220.12 AM-2.1.5 Sick Leave Policy - Amend Pursuant to seven day notice given, it was moved by Deputy Warden McWade, seconded by Councillor Vitiello, that Municipal Council amend AM-2.1.5 Sick Leave Policy as circulated. Motion carried unanimously.

 AM-1.4.9 Community Grants Policy - Amend MOTION 111220.13 AM-1.4.9 Community Grants Policy - Amend In accordance with seven day notice given, it was moved by Deputy Warden McWade, seconded by Councillor Vitiello, that Municipal Council amend AM-1.4.9 Community Grants Policy as circulated. Motion carried unanimously.

Adjourn to Public Hearing Councillor Wilkins moved, seconded by Councillor Connell, to adjourn to the Public Hearing on the application for text amendment to the Upper Clements Area Land Use Bylaw at 11:00. a.m. Motion carried unanimously. Regular session resumed at 11:20 a.m. with all present as previously noted.

NEW BUSINESS

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Re: Upper Clements Area Land Use Bylaw Text Amendment – Final Reading MOTION 111220.14 Upper Clements Area LUB Text Amendment – Final Reading Having received a favorable recommendation from the Upper Clements Area Advisory Committee and the Annapolis County Planning Advisory Committee, following the full consideration of the related goals, objectives and policies of the Upper Clements Area Municipal Planning Strategy; and after holding a Public Hearing thereon, Deputy Warden McWade moved, seconded by Councillor Connell, that Municipal Council amend Part 10.1 of the Upper Clements Area Land Use By-law so as to add “Residential Substance Abuse Treatment Centres” as a permitted use in the General Mixed Use (R-2) Zone. Motion carried, 10 in favour, 1 against (Roberts).

Re: Committee of the Whole (December 13th meeting) cont’d

 Fire Operating Grants MOTION 111220.15 Fire Operating Grants Upon recommendation of Committee of the Whole, Deputy Warden McWade moved, seconded by Councillor Connell, that Municipal Council direct staff to distribute Fire Operating Grants by December 31st rather than March 31st of each fiscal year. Motion carried unanimously.

 Transit Negotiations MOTION 111220.16 Transit Negotiations In accordance with the recommendation of Committee of the Whole, it was moved by Deputy Warden McWade, seconded by Councillor Vitiello, that Municipal Council give 6 month’s notice to withdraw from Kings Transit Authority; begin contract negotiations with Trans County Transportation Society; and initiate the Utility and Review Board process.

Councillor Trimper moved, seconded by Councillor Chipman, to table negotiations until the Towns are aware of this intention. Motion lost.

- Question called on original motion. Motion carried, 7 in favour, 4 against (Fowler, Trimper, Chipman, McNeil)

 Transit Advisory Committee MOTION 111220.17 Transit Advisory Committee Pursuant to the recommendation of Committee of the Whole, Deputy Warden McWade moved, seconded by Councillor Wilkins, that Municipal Council strike a Transit Advisory Committee and that Councillors Connell and McDonald be appointed to this committee. Motion carried, 8 in favour, 3 against (Trimper, Fowler, Chipman).

 Community Halls & Centres Assistance Program – Grants

Paradise Community Hall Association - Tabled to this meeting for discussion to consider increased funding from $1,200 to $2,400. MOTION 111220.18 Paradise Community Hall Association – CHCAP Grant $2400 After discussion, it was moved by Councillor Connell, seconded by Councillor Wilkins, that Municipal Council approve a grant in the amount of $2,400 to the Paradise Community Hall Association from the 2011-12 Community Halls and Centres Assistance program. Motion carried unanimously.

MOTION 111220.19 Lower Granville Hall Association – CHCAP Grant $1200 Upon recommendation of Committee of the Whole, Deputy Warden McWade moved, seconded by Councillor Vitiello, that Municipal Council approve a grant in the amount of Page 4 of 8

$1,200 to the Lower Granville Hall Association from the 2011-12 Community Halls and Centres Assistance Program for a project totalling $2,612 (to address moisture issues and drainage problems). Motion carried unanimously.

 FundyWEB Broadband MOTION 111220.20 FundyWEB Broadband In accordance with the recommendation of Committee of the Whole, it was moved by Deputy Warden McWade, seconded by Councillor Vitiello, that Municipal Council designate the deposit of the County’s portion of proceeds from the sale of FundyWEB Broadband to the Operating Reserve. Motion carried unanimously.

 Soldiers Memorial Hospital Foundation MOTION 111220.21 Soldiers Memorial Hospital Foundation – Letter of Opposition Pursuant to the recommendation of Committee of the Whole, Deputy Warden McWade moved, seconded by Councillor Wilkins, that Municipal Council send a letter of opposition to Maureen McDonald, Minister of Health. Motion carried unanimously.

 South Shore – Annapolis Valley Recreation Trail Association – Letter of Support MOTION 111220.22 South Shore Annapolis Valley Trail Association – Letter of Support In accordance with the recommendation of Committee of the Whole, it was moved by Deputy Warden McWade, seconded by Councillor Roberts, that Municipal Council send a letter of support to the South Shore-Annapolis Valley Trail Association for a grant application to the OHV Infrastructure Fund to assist with maintenance of the trail. Motion carried unanimously.

Re: Long Service Recognition – the CAO read into the record letters written to staff in recognition of long service to the Municipality – 30 years for Cheryl Mackintosh and 20 years for Linda Bent. Certificate/gifts were also given in accordance with policy.

CORRESPONDENCE

Re: Canadian Federation of Independent Business (November 8th) – providing a report entitled BizPaL in Review: Does one-stop permit shopping really make life easier for small business? It was moved by Councillor Vitiello, seconded by Councillor Connell, to receive for information. Motion carried unanimously.

Re: Doctors Nova Scotia (November 16th) – providing information on their Strive Award. Councillor Roberts moved, seconded by Councillor Vitiello, to receive for information. Motion carried unanimously.

Re: Annapolis Valley Labour Council (November 16th) – requesting a resolution be made supporting enhancements to Canada’s Retirement Security system so that no senior in Canada will have to live in poverty. Councillor Vitiello moved, seconded by Councillor Fowler to receive for information. Motion carried unanimously.

Re: Department of Justice (November 15th) – noting that a deposit of $6,805.75 will be made from the 911 Cost Recovery Fund. It was moved by Councillor Wilkins, seconded by Councillor McDonald, to receive for information. Motion carried unanimously.

Re: Susan Stopford (November 25th) – regarding her letter to the editor of the Spectator on promoting the area. Deputy Warden McWade moved, seconded by Councillor Fowler, to reply with thanks for her interest in county as a whole and for providing information on how to effect economic recovery in the county. Motion carried unanimously. Page 5 of 8

Adjourn for Lunch It was moved by Councillor Wilkins, seconded by Councillor Chipman, to adjourn for lunch at 12:00 noon. All returned at 1:00 p.m. as previously noted. Motion carried unanimously.

Re: Annapolis Digby Economic Development Agency Discussion – it was noted that strategic planning has started, which will lead to a business plan. Citizen members participate as representatives of the economic sectors.

Re: Companion Animal Protection Society (November 28th) – extending greetings and appreciation for support over the past year. Councillor Fowler moved, seconded by Councillor Vitiello, to receive for information. Motion carried unanimously.

Re: Southwest Nova Biosphere Reserve Association (December 1st) – in appreciation of Council’s support. It was moved by Councillor Roberts, seconded by Councillor Trimper, to receive for information. Motion carried unanimously.

Re: Ann Cornwall (December 3rd) – in support of original vision of the Trans Canada Trail in Nova Scotia. It was moved by Councillor Connell, seconded by Councillor Roberts, to receive for information and to invite Mike Trinacity and Rick Jacques to come share their vision for trails in our area at a future COTW. Motion carried unanimously.

Re: Royal Canadian Legion Branch 001 – inviting Councillors to attend New Year’s Day Levee. Councillor Fowler moved, seconded by Councillor Connell, to receive for information. Motion carried unanimously.

Re: Exhibitions Association of Nova Scotia (December 6th) – acknowledging receipt of Council’s letter dated November 28th and thanking for agreeing with their position on agriculture events in the Annapolis Valley. It was moved by Councillor Connell, seconded by Councillor McDonald, to receive for information. Motion carried unanimously.

Re: Region of Queens Municipality (December 9th) – in appreciation of letter of encouragement. Councillor Vitiello moved, seconded by Councillor Connell, to receive for information. Motion carried unanimously.

Re: Municipality of Digby – Notice of Intent to Withdraw – Waste Water – giving notice of intent to withdraw from the Agreement for the Treatment of Waste Water collected from the portion of Bear River that is located in the District of Digby effective April 1, 2013, regardless of First Nation commitment. It was moved by Councillor Connell, seconded by Councillor Fowler, to receive for information. Motion carried unanimously.

Re: Peter & Jane Nicolson – copy of a letter to AVRSB opposing the expected closure of the Annapolis Royal Regional Academy. Councillor Connell moved, seconded by Councillor Vitiello, to receive for information. Motion carried unanimously.

Re: Oakdene Community Centre – a request for a letter of acknowledgement for an application to Health Promotion and Protection. The Warden noted he has requested more information.

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Re: Jim Morton, MLA Kings North – in response to Council’s November 28th letter regarding a proposed Kings County Exhibition. It was moved by Councillor Vitiello, seconded by Councillor Trimper, to receive for information. Motion carried unanimously.

Re: CTV News Article – Rare Prosecution of Fire Department Sparks Angst – The president of Annapolis County Fire Services asked that this be circulated to Councillors. Councillor Connell moved, seconded by Councillor Vitiello, to receive for information. Motion carried unanimously.

Re: Bob Mann – Background information was provided to Municipal Solicitor for a report back to January COTW regarding extension of citizen membership on committees.

NEW BUSINESS

Re: Old Mill Trail Lot 28 Purchase – A. Leveille provided a cost report for this project which came in under budget. It was the consensus to receive for information.

Re: Wharf Waste – Councillor Vitiello referred to a recent news article regarding the Harbour Authority of Battery Point (Victoria Beach). They have received a certificate of recognition from Ship to Shore for exceptional leadership and commitment in the area of fishing waste management. Clean Nova Scotia delivers the Ship to Shore program which is funded by Environment Canada and RRFB Nova Scotia.

It was the consensus of Council that Valley Waste and the initial request from fishermen in Victoria Beach should be recognized for starting the program in our area.

Re: Invitation to Tour MLL and ARC – Councillor McDonald, Chair of the Annapolis County Municipal Housing Corporation invited Councillors to attend a tour of Mountain Lea Lodge and Adult Residential Centre facilities immediately following the regular session of Council being held in Inglewood on February 21st. It was the consensus to include this as the last agenda item on the February Council agenda.

Re: Youngs Cove Coastal Park – A financial update of this project was presented by D. Ryan for information as requested.

Re: Committees and Reports – Councillor Chipman requested discussion on the length of meetings. Staff will provide agenda samples from various other municipal units for comparison and further discussion.

In-camera MOTION 111220.23 In-Camera, Section 22 (2) (e) Councillor Wilkins moved, seconded by Councillor McNeil, to go in-camera at 1:55 p.m. to discuss contract negotiations in accordance with section 22 (2) (e) of the Municipal Government Act, and returned to regular session at 2:10 p.m. Motion carried unanimously.

Re: Fundy YMCA

MOTION 111220.24 Fundy YMCA It was moved by Councillor Wilkins, seconded by Deputy Warden McWade, to authorize the Warden and CAO to finalize the operating agreement with the Fundy YMCA, and approve the Fundy YMCA to proceed with the facility renovation. It was further moved to authorize the Fundy YMCA to proceed with the community portion of the Fundy Y Capital Campaign. Page 7 of 8

Councillor Vitiello moved, seconded by Councillor Fowler, to table this decision to Committee of the Whole in January. Motion lost.

- Original motion called. Motion carried, 6 in favour, 5 against (Roberts, Trimper Chipman).

In-camera MOTION 111220.25 In-Camera, Section 22 (2) (c) It was moved by Councillor Connell, seconded by Councillor McNeil, to go in-camera at 2:15 p.m. to discuss personnel matters in accordance with section 22 (2) (c) of the Municipal Government Act, and returned to regular session at 3:30 p.m. Motion carried unanimously.

Adjournment Upon motion of Councillor Trimper, seconded by Councillor Vitiello, the meeting adjourned at 3:30 p.m.

Warden Municipal Clerk

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