REGULAR SESSION OF MUNICIPAL COUNCIL August 18, 2009

SUMMARY OF MOTIONS

MOTION 090818.01 Minutes: July 21-09 Regular Session & Notes of a Meeting with the MP...... 1 MOTION 090818.02 Appreciation to Greg Kerr, MP for ...... 1 MOTION 090818.03 Buy Back Initiative – Removal as a Listed Supporter ...... 2 MOTION 090818.04 Federation of Canadian Municipalities 2009 Conference - Report ...... 2 MOTION 090818.05 Eastlink Proposed Tower in Port George, Jane & Robert Harris ...... 2 MOTION 090818.06 NS Utility & Review Bd.- Consolidation of Water Utilities - Undertakings ...... 3 MOTION 090818.07 Monthly Report of Municipal Solicitor ...... 3 MOTION 090818.08 Warden’s Monthly Report - July ...... 3 MOTION 090818.09 Eastlink Proposed Tower, Margaretsville - Slauenwhite and LeBell ...... 4 MOTION 090818.10 Upper Clements Park - Appreciation for Luncheon & Presentation ...... 4 MOTION 090818.11 Municipal Bylaw Amendment, M5 Full Tax Exemption - First Reading ...... 4 MOTION 090818.12 AM-1.2.1 Remuneration, Allowances and Expenses Policy - Revised ...... 5 MOTION 090818.13 AM-1.2.5 Declaration of Proclamations Policy-Revised ...... 5 MOTION 090818.14 Proclamation: September as “Continuing Care Month” ...... 5 MOTION 090818.15 Fire Services Reserve Fund: Nictaux & District Vol. Fire Dept ($12,300 Payment) ...... 5 MOTION 090818.16 Community Mapping, Web GIS & Creative Rural Economy Proposal ...... 6 MOTION 090818.17 Street Lighting System, Request for Alternate Method for Charging ...... 6 MOTION 090818.18 Co-Sponsor Warden’s Participation in Scotland Initiative as Chair of ADEDA ...... 6 MOTION 090818.19 Irving Barge Sinking in Atlantic Canada (Shovel Master) ...... 7 MOTION 090818.20 Annapolis County Wharves Association Funding, Appreciation to Staff ...... 7 MOTION 090818.21 Cornwallis Park Water Utility – Sample Testing for Water Quality ...... 7 MOTION 090818.22 Deep Brook Sewer Extension Project - Contract Awarded ...... 8

Minutes of the regular session of Municipal Council held on August 18, 2009, in the Municipal Administration Building, Annapolis Royal, N.S. at 10:00 a.m.

Present: Warden Peter Newton; Deputy-Warden Reginald Ritchie; Councillors: Marilyn Wilkins, Brian “Fuzzy” Connell, Wayne Fowler, Paul McDonald, Tom Vitiello, Patrick McWade, Frank Chipman, Martha Roberts and Ron Trimper; Municipal Clerk Jacquie Farrow- Lawrence; and CAO Brenda Orchard.

Also Present: Laurie Emms, Municipal Services Director; and Gerald Hackenschmidt, Director of Finance.

Minutes

MOTION 090818.01 Minutes: July 21-09 Regular Session & Notes of a Meeting with the MP Councillor McDonald moved, seconded by Councillor Chipman, that: o the minutes of the regular session held on July 21, 2009 be approved with the following amendment: under the Addendum, the word Bloomfield should read “Bloomington”; and o the notes of a meeting with Greg Kerr on July 21, 2009 be received for information with the following amendment: under Bio-mass Wood Operation in Annapolis Region, at the end of the first paragraph, it should state “in the Annapolis-Digby region”.

- Motion carried unanimously.

MOTION 090818.02 Appreciation to Greg Kerr, MP for West Nova Upon motion of Deputy-Warden Ritchie, seconded by Councillor Roberts, it was resolved that a letter of appreciation be forwarded to Greg Kerr, MP for West Nova, for taking the time to meet with Municipal Council as well as his support for the recent funding of County capital projects, noting that if an opportunity presents itself, the Municipality would be interested in discussing funding options for other projects in the next couple of years. Motion carried unanimously.

Additions/Revisions to Addendum The following additions were made to the Addendum: NT2(A) Southwest Nova Biosphere Association - Update; NT2(B) Scotland Initiative - Update; NT3(D) Annapolis County Wharves Association Funding, Update; NT3(E) Service Capacity Review - Confirmation of Dates; and NT4(A) Cornwallis Park Water Utility - Quality of Water.

Business Arising From the Minutes:

Re: Buy Back Nova Scotia (BBNS) Initiative – Pursuant to direction from the previous meeting, Council reviewed the following correspondence: o An email dated July 7th from Sandra Phinney to Chuck Shields noting several pieces of property which have been sold and alleged to represent some of the best property in the Province. o A Position Paper dated March 26th from the BBNS indicating their concerns and potential solutions/sources of income for acquiring lands being sold by J.D. Irving Ltd. o An undated correspondence from Sandra Phinney referencing meetings and discussions when representatives from J.D. Irving offered the Province first option to purchase the 170,000 acres of land in Yarmouth, Digby and Annapolis Counties. o A Press Release dated February 2, 2009 issued by the Annapolis Field Naturalists Society advising of a public meeting to rally support and seek solutions to acquire the land. o Information retrieved from the Buy Back Nova Scotia website regarding the Fact Sheet and list of supporters with Annapolis County being #67 on this list. Page 1 of 8 Municipal Council August 18, 2009

Discussion occurred regarding the position of BBNS and whether Annapolis County should be noted as a supporter in view of some of the statements and proposed options being presented by the BBNS. It was also noted that the ownership of large tracts of land by foreign investors could be detrimental to the traditional way of life for residents with respect to accessing waterways and trails.

MOTION 090818.03 Buy Back Nova Scotia Initiative – Removal as a Listed Supporter It was moved by Councillor Vitiello, seconded by Councillor McDonald, that a letter be forwarded to Buy Back Nova Scotia, indicating that although the Municipality is supportive of their overall concept to retain the 170,000 acres for sale by J.D. Irving for public access; however, in view of various articulated positions and statements, the Municipality wishes to be removed as a listed supporter. Motion carried (9 in favour; 2 against).

Re: Federation of Canadian Municipalities, Report on 2009 Annual Conference – The following summary reflects information reported by County delegates (Warden Newton, Councillor Trimper, Councillor McDonald and the CAO) who attended the 72nd Annual FCM conference in Whistler, BC from June 5-8, 2009: o An overview was provided on the various events, plenary sessions, seminars and presentations on Friday, Saturday, Sunday and Monday. o Keynote speakers included: The Hon. Stockwell Day, Minister of International Trade (speaking on behalf of the Prime Minister); Jack Layton, Leader of the of Canada; and Michael Ignatieff, Leader of the o The Warden had an opportunity to raise the issue of the Digby-Saint John Ferry and requested support from Mr. Ignatieff. o Policy meetings took place on Friday and Saturday, with a major issue being „fair‟ trade rather than „free‟ trade. o The Municipal Expo was a major component of the conference. o Tours included water and wastewater facilities. o It was noted that the Olympic venues for the 2010 Winter Olympics are also being used for other seasons (such as extreme mountain bike trails). o An active lifestyle was emphasized (only one gas station in the area).

MOTION 090818.04 Federation of Canadian Municipalities 2009 Conference - Report Deputy-Warden Ritchie moved, seconded by Councillor Fowler, that the reports of the regarding the 2009 FCM Annual Conference be accepted. Motion carried unanimously.

Re: District of Digby, Update Regarding Meeting Date – The CAO advised that the date of September 22nd has been confirmed and she circulated draft agenda items to discuss projects and items of concern in common.

Re: Eastlink Proposed Tower in Port George, Jane & Robert Harris – A letter dated July 31st was received from the Harrises requesting the County to support their efforts to have Eastlink relocate its tower in Port George, along with a copy of a letter they submitted to the CEO for Eastlink.

MOTION 090818.05 Eastlink Proposed Tower in Port George, Jane & Robert Harris Councillor McWade moved, seconded by Councillor Chipman, that the request from Jane & Robert Harris to provide another letter of support be received for information. Motion carried unanimously.

Re: Nova Scotia Utility and Review Board (NSURB), Consolidation of Three(3) Water Utilities – A letter dated July 27th was received from the NSURB outlining actions to be undertaken by the County due August 10th.

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MOTION 090818.06 NS Utility & Review Bd.- Consolidation of Water Utilities - Undertakings Deputy-Warden Ritchie moved, seconded by Councillor Connell, that this letter be received for information. Motion carried unanimously.

Reports and Recommendations:

Re: Report of the Municipal Solicitor o Monthly Report – The Municipal Solicitor submitted a report on the following legal services for the past month: o Dangerous or Unsightly Premises – receipt and perusal of correspondence with A/DUP Administrator re unsightly and/or environmental issues, research of MGA & Environment Act, forwarding legal opinion. o FOIPOP – phone conference with Clerk, review letter from Case Review Analyst, consultation with Clerk re Executive Committee minutes, further research and drafting letter of response. o A1 Dogs Bylaw – perusal of charge re Patrick Halliday. o Lifeplex Mall – perusal of documentation from V. Nickerson re Sobey‟s and conference with L. Emms re amenities.

MOTION 090818.07 Monthly Report of Municipal Solicitor Councillor Fowler moved, seconded by Councillor Vitiello, that the monthly report of the Municipal Solicitor be accepted as presented. Motion carried unanimously.

Adjourn for Committee of the Whole – DUP Matters Councillor Wilkins moved, seconded by Councillor Fowler, that Council adjourn for a special Committee of the Whole meeting at 10:59 a.m. Council reconvened at 11:43 a.m. with all Councillors present as previously stated.

Reports and Recommendations: (continued)

Re; Warden‟s Monthly Report for July – The Warden submitted a report on his activities for the month of July.

MOTION 090818.08 Warden’s Monthly Report - July It was moved by Councillor McWade, seconded by Councillor Fowler, that the report of the Warden‟s activities for the month of July be accepted as presented.

Presentation: Re: Eastlink Proposed Tower on Ben Phinney Rd. in Margaretsville – Correspondence dated August 4th was circulated from local residents (Slauenwhites and LeBells) expressing concern regarding a proposed Eastlink tower to be located in close proximity to their property on Ben Phinney Rd. in Margaretsville and being located on the water utility property.

In attendance were Laverne Slauenwhite, Ann MacLean and Alice Sharp who noted the following points: o Eastlink notified local residents on July 31st by Express Post regarding a tower (115‟ high) which would be located in close proximity to residences (directly in view of their picture window for the Slauenwhites). A notice was placed in the August 1st Chronicle Herald but no notice in the local papers and no notice to water utility users (proposed tower is located on property for the water utility). o There were no setbacks from residences indicated in Industry Canada‟s standards for siting towers.

Page 3 of 8 Municipal Council August 18, 2009 o A lease was arranged between Eastlink and the County for locating the tower on the water utility property with the County receiving $1,250 per annum. o It appeared that Eastlink was unaware of the location on the former S.O.S. Village property which could have been an alternate site (now privately owned and the soccer field is no longer used). o Consultation with an appraiser indicated a reduction in property values of 25% for one of the local residences. o There was agreement to have the tower moved to the back of the water utility property. o Concern was expressed regarding the lack of communication with water utility users who should have an opportunity for input prior to the lease being signed.

It was noted that Eastlink did agree to move the tower towards the back of the water utility property; however, the residents requested the County‟s support in having the proposed tower located on the former S.O.S. Village property which would have less impact on local residents.

Councillor Connell concurred with the concerns of the residents and emphasized the need for the County to purchase the land currently for sale which could augment protection of the water supply area serving the Margaretsville Water Utility.

MOTION 090818.09 Eastlink Proposed Tower, Margaretsville - Slauenwhite and LeBell Deputy-Warden Ritchie moved, seconded by Councillor Vitiello, that Eastlink be contacted immediately to convey the concerns of the local residents in Margaretsville and requesting that consideration be given to selecting another site; and if feasible, the current lease with the County be nullified. Motion carried unanimously.

Adjourn for Luncheon and Tour at Upper Clements Park Upon motion of Deputy-Warden Ritchie, seconded by Councillor McWade, Council adjourned at 12:20 p.m. to attend a luncheon and tour at Upper Clements. Council reconvened at 2:10 p.m. with all Councillors present as previously stated.

MOTION 090818.10 Upper Clements Park - Appreciation for Luncheon & Presentation It was moved by Councillor McWade, seconded by Councillor Fowler, that a letter be forwarded to Upper Clements Park expressing appreciation for the luncheon and presentation on August 21st. Motion carried unanimously.

New Business:

Re: Municipal Bylaw Amendment, M5 Full Tax Exemption Bylaw: First Reading – A Request for Decision dated August 13th was submitted by the Municipal Clerk providing background information for proposed revisions to M5 Full Tax Exemption Bylaw; i.e. – the removal of a property listing and realigning properties in accordance with current district boundaries. It was also noted that the Municipal Solicitor recommended changes in the second opening paragraph on Page 1 for better clarification and Councillors referred other properties for confirmation or inclusion.

MOTION 090818.11 Municipal Bylaw Amendment, M5 Full Tax Exemption - First Reading As recommended by Staff, Councillor Wilkins moved, seconded by Councillor Chipman, that effective for the 2009-10 fiscal year, the following amendments be made to M5 Full Tax Exemption Bylaw:

1. Realigning the property listings pursuant to the current districts; and

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2. Deleting the following property listings:

Organization Description Incorporation No. District #10 (Effective 2009-10 fiscal year) Christian Community 16.5 Acres Leased 162 Council of Nova Scotia Land and Buildings, Field Card #13889000 Bethel Bible Camp Prop #1000-028-061 at Connell Lake

3. Rewording the second paragraph on Page 1 to enhance clarification.

- Motion carried unanimously.

Re: AM-1.2.1 Remuneration, Allowances and Expenses Policy – A Request for Decision dated August 10th was submitted by the Municipal Clerk informing that since management services were no longer required for the Chair of the Annapolis County Municipal Housing Corporation, consideration can be given to including the annual remuneration for this position under Section 7.8 of Policy AM-1.2.1.

MOTION 090818.12 AM-1.2.1 Remuneration, Allowances and Expenses Policy - Revised It was moved by Councillor Vitiello, seconded by Councillor McWade, that this motion be tabled and the matter referred to the ACMHC to make a determination. Motion carried unanimously.

Re: AM-1.2.5 Declaration of Proclamations Policy – A Request for Decision dated August 11th was submitted by the Municipal Clerk informing that the Administrator for Mountain Lea Lodge has confirmed that they undertake specific annual activities to commemorate September as “Continuing Care Month”; and pursuant to policy, it would be appropriate to include this proclamation in the policy.

MOTION 090818.13 AM-1.2.5 Declaration of Proclamations Policy-Revised Councillor Wilkins moved, seconded by Deputy-Warden Ritchie, that seven(7)-days‟ notice be waived and effective immediately Section 5 of AM-1.2.5 Declaration of Proclamations Policy be revised to include “Continuing Care Month” in September. Motion carried unanimously.

Re: Proclamation of September as “Continuing Care Month”

MOTION 090818.14 Proclamation: September as “Continuing Care Month” Pursuant to policy; Councillor Roberts moved, seconded by Councillor Fowler, that the Warden be authorized to proclaim September as “Continuing Care Month” in the County of Annapolis. Motion carried unanimously.

Re: Fire Services Reserve Fund: Nictaux & District Volunteer Fire Dept. ($12,300 Payment) – A Request for Decision dated July 23rd was submitted by the Director of Finance, explaining that the Nictaux & District Volunteer Fire Dept. has requested funds to cover the costs of upgrades to the fire hall.

MOTION 090818.15 Fire Services Reserve Fund: Nictaux & District Vol. Fire Dept ($12,300 Payment) Upon motion of Councillor Chipman, seconded by Councillor McWade, it was resolved that Council authorize a payment of $12,300 from the Fire Services Reserve Fund to the Nictaux and District Volunteer Fire Department in the 2009-10 fiscal year to assist with upgrades to the fire hall. Motion carried unanimously.

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Re: Community Mapping, Web GIS and the Creative Rural Economy Proposal – Dr. Bob Maher from the Nova Scotia Community College (Middleton Campus) submitted information regarding this proposal and requested a letter of support and financial commitment (where appropriate) from the stakeholders in the Annapolis region. The CAO reported that this project will provide layers of geomatic information to identify businesses, culture, recreation, tourist attractions, shopping, etc.

MOTION 090818.16 Community Mapping, Web GIS & Creative Rural Economy Proposal It was moved by Councillor McDonald, seconded by Councillor McWade, that a letter be forwarded supporting the Community Mapping, Web GIS and the Creative Rural Economy Proposal project. Motion carried unanimously.

Re: Street Lighting System, Request for Alternate Method for Charging – A letter dated August 6th was received from Joseph and Brigitte Eisengrube expressing concern regarding a significant increase in their street lighting fee for 2009-10 and requesting Council‟s consideration for an alternate method for charging (similar to the sewer rate).

MOTION 090818.17 Street Lighting System, Request for Alternate Method for Charging Councillor Trimper moved, seconded by Councillor Fowler, that a letter be forwarded to Joseph and Brigitte Eisengrube explaining the current system for allocating street lighting charges and the impact on all residents if another mode of charges (as suggested) is utilized, and noting they have the option of making a presentation to Council; and further that the matter be reviewed by the Municipal Services Committee. Motion carried unanimously.

Correspondence:

Re: Certificate of Appreciation, Annapolis Valley Exhibition – A Certificate of Appreciation was received from the Annapolis Valley Exhibition for the County‟s annual support and same was received for information upon motion of Councillor Vitiello, seconded by Councillor Trimper. Motion carried unanimously.

Addendum Items

Re: Southwest Nova Biosphere Association, Update – Councillor McDonald reported that on a recent visit of the Executive Director of the Canadian Biosphere Reserve Association, an additional three years of funding was announced and a press conference will be held at Kejimkujik National Park on August 26th at 11:00 a.m. with representation from the various government agencies involved in the project.

Re: Scotland Initiative – The CAO noted that from an economic development perspective, it may not be that productive for her to visit Scotland and she would rather use the money towards a Staff Services review plus a number of other staffing items. It was noted that ADEDA would be sending a delegation and would like to co-sponsor (with the County) the Warden‟s attendance.

MOTION 090818.18 Co-Sponsor Warden’s Participation in Scotland Initiative as Chair of ADEDA Upon motion of Councillor Vitiello, seconded by Councillor McWade, it was resolved that pending confirmation of economic promotional opportunities, the Municipality co- sponsor the Warden„s participation in the Scotland Initiative. Motion carried unanimously.

Re: Irving Barge Sinking (Shovel Master) – Council received a copy of a letter written to the Hon. Jim Prentice, Federal Minister of the Environment, from Mark Butler (Ecology Centre) and Dr. Peter Wells (Oceans One) expressing concern regarding the Federal decision to leave the diesel and other fluids from the sunken Shovel Master on the ocean floor as well as the lack of information regarding the incident. A request was made to the Minister to meet with stakeholder organizations at the earliest convenience to discuss the sinking of the Shovel Master and to agree on the most appropriate response to ensure the protection of marine living resources and ecosystem in the Atlantic region. Page 6 of 8 Municipal Council August 18, 2009

MOTION 090818.19 Irving Barge Sinking in Atlantic Canada (Shovel Master) It was moved by Councillor Vitiello, seconded by Councillor Chipman, that a letter be forwarded to the Federal Minister of Environment, noting the impact to the Annapolis County area should there be an oil spill from the sunken Shovel Master, with copies to the appropriate stakeholders, the MP for West Nova, the two local MLAs, and the Nova Scotia municipalities. Motion carried unanimously.

Re: Official Picture for 2008 Municipal Council – Councillors were informed that arrangements have been made to take the official picture of the 2008 Municipal Council at 9:15 a.m. on Tuesday, September 15th (Council day), and information on costs for individual pictures will be forthcoming.

Re: Ron Sabean‟s Retirement Party – Councillors were provided with a reminder of the retirement party for Ron Sabean (former Bylaw Enforcement Officer) on Friday, August 21st from 1:30 p.m. to 4:30 p.m. at the Annapolis Royal Fire Hall.

Re: Annapolis County Wharves Association Funding – Councillor Vitiello expressed appreciation to Municipal Council for supporting the Finance Committee and Staff in facilitating this project which provided an economic basis to preserve the local harbours and wharves and resulted in $900,000 funding recently received from the Federal Government. The valuable work of Staff and cooperation of local fishermen was also noted.

MOTION 090818.20 Annapolis County Wharves Association Funding, Appreciation to Staff Upon motion of Councillor McWade, seconded by Councillor Wilkins, it was resolved that an official note of thanks be given to the following persons for their endeavours in facilitating the tremendous success and promotion of the Annapolis County Wharves Association: Councillor Vitiello, Councillor Connell, Councillor Fowler, Executive Assistant Dawn Campbell, and Administrative Assistant Nadine Barteaux , which led to a significant amount of funding provided by the Federal Government. Motion carried unanimously.

Re: Service Capacity Review Workshop, Confirmation of Dates – The dates of October 6th and 7th were tentatively approved for the Service Capacity Review Workshop.

Re: Cornwallis Water Park Utility – Councillor McWade conveyed the concerns of residents regarding the poor water quality likely due to the old distribution system for the Cornwallis Park Water Utility. There was discussion that basic testing of six(6) residences on Hillside Drive would provide information on the quality of water available to users.

MOTION 090818.21 Cornwallis Park Water Utility – Sample Testing for Water Quality Councillor McWade moved, seconded by Councillor Fowler, that the Municipal Services Committee be requested to give consideration to conduct testing of six(6) households on Hillside Drive in Cornwallis Park within the next couple of months to confirm the quality of water. Motion carried unanimously.

Other Business:

Re: Integrated Community Sustainability Process (ICSP) – The Municipal Services Director provided an update regarding the ICSP process.

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Re: Deep Brook Sewer Extension Contract – A Request for Decision dated August 13th was submitted by the Municipal Services Director advising of the tender prices received with D.J. Lowe Ltd. submitting the lowest bid. He also advised that there would be additional estimated costs for a contingency ($50,000) and extension of the electrical services ($20,000).

MOTION 090818.22 Deep Brook Sewer Extension Project - Contract Awarded Upon motion of Deputy-Warden Ritchie, seconded by Councillor McWade, it was resolved that Council approve of entering into a contract with D.J. Lowe (1980) Ltd. for the Deep Brook Sewer Extension Construction Contract in accordance with the tender submitted by D.J. Lowe (1980) Ltd. for the amount of $774,794 plus HST. Motion carried (10 in favour; 1 against).

Re: Capital Investment Plan - Infrastructure Funding Deficit – The Municipal Services Director submitted a Staff Report dated August 13th informing that the Secretariat Staff has advised that all funding has been committed for both the Build Canada Infrastructure Fund and the Federal Economic Stimulus Initiative, with no new infrastructure funding available until 2014 and 2015. He listed the various capital projects which could be compromised by the funding deficit. Council was advised that a revised Capital Investment Plan will be presented at the September Committee of the Whole meeting and were invited to make suggestions.

Adjournment Upon motion of Councillor Connell, seconded by Councillor Roberts, Council adjourned at 2:55 p.m.

Warden Municipal Clerk

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