February 8, 2022 Halifax Regional Council

Date:

Time: 10:00 a.m.; Reconvene 6:00 p.m.

Location: Virtual Meeting

Agenda

 

1. CALL TO ORDER

2. SPECIAL COMMUNITY ANNOUNCEMENTS & ACKNOWLEDGEMENTS

3. APPROVAL OF MINUTES – NONE

4. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS

5. CONSENT AGENDA*
Motion:
That Halifax Regional Council approve recommendations in the following items: 15.5.1, 15.5.2, 15.6.1, 15.7.1, 15.7.2 and 15.8.1

6. BUSINESS ARISING OUT OF THE MINUTES
7. CALL FOR DECLARATION OF CONFLICT OF INTERESTS
8. MOTIONS OF RECONSIDERATION – NONE
9. MOTIONS OF RESCISSION – NONE

10. CONSIDERATION OF DEFERRED BUSINESS – NONE

11. NOTICES OF TABLED MATTERS – NONE

12. PUBLIC HEARINGS – 6:00 p.m.

12.1 Case 21639 - Phase 1 - Amendments to the Regional Subdivision By-law to remove Growth Management Area Policies from portions of the Indigo Shores Subdivision, Middle Sackville
 - Report [PDF]
 - Staff Presentation [PDF]
 - Applicant Presentation [PDF]

Motion:
That Halifax Regional Council adopt the proposed amendments to the Regional Subdivision By-law (RSBL) as set out in Attachment A of the November 25, 2021 staff report to remove Growth Management Area restrictions that currently apply to the Indigo Shores subdivision at McCabe Lake North to permit the development of more than 25 lots per year.
 

12.2 Cases 23746 and 22896 – Municipal Planning Strategy (MPS) and Development Agreement Amendments for Seton Ridge - Bedford Highway, Seton Road and Lacewood Drive, Halifax
 - Report [PDF]
 - Staff Presentation [PDF]
 - Applicant Presentation [Large 17 Mb PDF]

Motion:
That Halifax Regional Council adopt the proposed amendments to the Halifax Municipal Planning Strategy (MPS) for the Seton Ridge neighbourhood, as set out in Attachment A of the staff report dated November 29, 2021, to allow for the elimination of a required walkway connection to Bayview Road, Halifax.

13. CORRESPONDENCE, PETITIONS & DELEGATIONS
13.1 Correspondence 
13.2 Petitions
13.3 Presentations

14. INFORMATION ITEMS BROUGHT FORWARD - NONE

15. REPORTS
15.1 CHIEF ADMINISTRATIVE OFFICER

15.1.1 Second Reading Proposed By-law T-1006, Amending By-law T-1000, Respecting the Regulation of Taxis, Accessible Taxis, Limousines and Transportation Network Companies [PDF]
Motion: 
That Halifax Regional Council adopt proposed By-law T-1006, amending By-law T-1000, Respecting the Regulation of Taxis, Accessible Taxis, Limousines and Transportation Network Companies as set out in Attachment B of the staff report dated December 1, 2021.

15.1.2 Pre-Employment Polygraph Testing [PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer to:

1. Discontinue the use of the pre-employment polygraph exam for all positions and contracted services within the Municipality by no later than September 30, 2022; and

2. Conduct a review of all positions that currently require a pre-employment polygraph and determine what selection tools to implement as a replacement for the pre-employment polygraph exam.

15.1.3 Councillor Appointment to Community Planning and Development Standing Committee [PDF]
Motion:
That Halifax Regional Council:

1. Suspend the rules of procedures

a. requiring the Executive Standing Committee to review the nomination and make Recommendation to Regional Council, and

b. respecting the nominations of Members to committees; and

2. Remove Deputy Mayor Lovelace from the Community Planning and Economic Development Standing Committee and appoint Councillor Outhit for a term to November 2022. 


15.1.4 Centre Plan Package B – Supplementary Report [PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer to: 

1. Initiate a process to consider amendments to the Regional Centre Secondary Municipal Planning Strategy and Land Use By-law, and Downtown Halifax Secondary Municipal Planning Strategy (SMPS) and Land Use By-law (LUB) to address the housekeeping matters identified in the Discussion section of the staff report dated January 14, 2022; and

2. Follow the public participation program for the SMPS and related LUB amendment (planning documents) as set out in the Community Engagement section of the staff report dated January 14, 2022. 

15.1.5 Administrative Order 50 – Disposal of Surplus Real Property – a Portion of PID 40454662, North Preston Community Centre Park, 44 Simmonds Road, North Preston [PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer to

1. Declare those portions of PID 40454662 located at 44 Simmonds Road, North Preston, shown in Attachment A of the staff report dated January 12, 2022 as Parcel “A” and Parcel “B” (collectively the “Property”), surplus to municipal purposes, subject to subdivision approval;

2. Categorize the Property as a Community Interest property (the “Community Interest Property”) in accordance with Section 2(2)(b) of Administrative Order 50;

3. Sell the Community Interest Property via the Direct Sale process set forth in Schedule 1 of 
Administrative Order 50, subject to and, in support of such process, authorize the Chief Administrative Officer to invite the North Preston Medical Society to submit, within 90 days of Council approval of the foregoing recommendations, a written proposal to acquire the Community Interest property, and such proposal is to meet all Direct Sale requirements under Schedule 1 of Administrative Order 50; and

4. Waive the requirements, as set forth in Section 13 of Administrative Order 50, for a public information meeting and an advertisement notifying the public of Council’s consideration of the Direct Sale process for this Community Interest property.
 

15.2 AUDIT AND FINANCE STANDING COMMITTEE
15.2.1 Funding Request – Art Gallery of Nova Scotia
 - Report [Large 15 Mb PDF]
 - Presentation [PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer to:

1. Include the requested funding from the Art Gallery of Nova Scotia as part of the 2022-2023 budget planning process for consideration during the Budget Adjustment List (BAL) debate with a recommended contribution to be phased over five years as follows:

a.    $600,000 in fiscal 2022/2023 budget;

b.    $600,000 in fiscal 2023/2024 budget;

c.    $600,000 in fiscal 2024/2025 budget; 

d.    $600,000 in fiscal 2025/2026 budget; 

e.    $600,000 in fiscal 2026/2027 budget; and

2. Negotiate and execute a contribution agreement with the Art Gallery of Nova Scotia, for the provision of a multi-year, phased-payment of up to a total of $3,000,000, and such contribution agreement is to be substantially in accordance with the terms and conditions set forth in Table 5 of the November 2, 2021 staff report.
 

15.3 COMMUNITY PLANNING AND ECONOMIC DEVELOPMENT STANDING COMMITTEE
15.3.1 Halifax Common Master Plan
 - Report [Large 35 Mb PDF]
 - Presentation [PDF]
Motion:
That Halifax Regional Council:

1. Repeal the 1994 Halifax Common Plan and adopt the Halifax Common Master Plan (Master Plan) in principle as a guiding document as contained in Attachment A of the November 4, 2021 staff report, as a guiding document for open space planning, management, and development within the Halifax Common; and 

2. Direct the Chief Administrative Officer to undertake periodic reviews at least every five years of the Master Plan for any updates.

3. Direct the Chief Administrative Officer to prepare a supplementary report to include: 

a. Opportunities for further public engagement

b. Timelines on further development and consultation on Wanderer’s Block

4. Approve the plan in principle and direct the Chief Administrative Officer to prepare a final consolidated plan for adoption by Council.
 

15.4 EXECUTIVE STANDING COMMITTEE
15.4.1 Proposed Amendments to Administrative Order 1, the Procedure of the Council Administrative Order - Include Land Acknowledgements [PDF]
Motion:
That Halifax Regional Council adopt the amendments to Administrative Order One, the Procedure of the Council Administrative Order, as set out in Attachment 2 of the staff report dated November 29, 2021.

15.4.2 Proposed Administrative Order 2022-001-GOV, Respecting the Special Advisory Committee for the 2022 Halifax Regional Municipality District Boundary Review - 2022 Municipal District Boundary Review – District Boundary Resident Review Panel [PDF]
Motion:
That Halifax Regional Council: 

1. Adopt Administrative Order Number 2022-001-GOV as set out in Attachment 1 of the staff report dated December 20, 2021 to establish a District Boundary Citizen Review Panel reporting to Regional Council through Executive Standing Committee to conduct Phase II of the 2022 Municipal District Boundary Review process; and 

2. Direct the Chief Administrative Officer to commence a targeted recruitment campaign for the District Boundary Citizen Review Panel in February 2022, in accordance with section 4.2(ii) of the Public Appointment Policy and return to the Executive Standing Committee with slate of candidates no later than March 31, 2022.
 

15.5 TRANSPORTATION STANDING COMMITTEE
15.5.1 Implementation of Regional Centre AAA Bicycle Network - Almon Street Segment* [PDF]
Motion:
That Halifax Regional Council approve the installation of 0.9 km of bicycle facilities and related changes to the right-of-way on Almon Street from Windsor Street to Gottingen Street as described in the Discussion section of the staff report dated January 17, 2022.

15.5.2 Active Transportation Connection between Westmount Plains Subdivision and Old Lawrencetown Road* [PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer, under the Regional Plan review, to pursue the planning of an active transportation connection between the Westmount Plains subdivision and the Old Lawrencetown Road Greenway as part of potential secondary planning for this area.

15.5.3 Potential Expansion of Rainbow Crosswalk Program [PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer to:

1. Allocate funding from the current Transportation and Public Works operating budget to be used for a special installation, and on-going maintenance, of Pan-African crosswalk art at the marked crosswalk at Cherry Brook Road and Highway 7 and at Maclaughlin Road and Highway 7 as per the financial implications section of the staff report dated December 14, 2021; and

2. Explore expanding the current Rainbow Crosswalk Program, using the same design as the rainbow crosswalks, into a pilot program that will enable the painting of Pan-African colours on existing marked crosswalks in historic African Nova Scotian communities.

15.5.4 Rural Active Transportation Program
 - Report [Large 14 Mb PDF]
 - Presentation [PDF]
Motion: 
That Halifax Regional Council direct the Chief Administrative Officer to:

1. Create a program to establish a Rural Active Transportation Program that focusses on rural community centre sidewalks and incorporates a prioritization framework, a funding strategy, a ten-year target and an approach for operations and maintenance, as described in the Discussion section of the staff report dated December 2, 2021;

2. Prepare amendments to the Active Transportation Priorities Plan as discussed in the Discussion section of the staff report dated December 2, 2021 to include a list of “Candidate Rural Communities and Spines” to help prioritize rural active transportation infrastructure expansion and return to Council for consideration of the resulting amendments; and

3. Pursue funding option three (as described in the Discussion section of the staff report dated December 2, 2021) to cover HRM’s cost of rural sidewalks and, in support of this, return to Council with recommended amendments to the Community Area Rates Administrative Order 2019-005-ADM to allow an area rate to be levied on suburban and rural areas for rural sidewalks (on the entire community). The proposed area rate would not be based on the full operating and capital costs of the proposed project, but rather the difference between the urban general tax rate and the suburban/rural general tax rate; any remaining balance would be funded through the general tax rate.

It is further recommended that Halifax Regional Council: 

1. Commission a letter from the Mayor to other orders of government advising of the new Rural Active Transportation Program and requesting opportunities for cost-sharing; and

2. Authorize the Chief Administrative Officer, or their designate, to negotiate and enter into one or more agreements, and any amendments to those agreements, with the Province of Nova Scotia respecting the construction, operation, and maintenance of AT facilities in the provincial right-of-way.
 

15.6 HALIFAX AND WEST COMMUNITY COUNCIL
15.6.1 Consideration of Front Yard Setbacks in C-2C Zone for Case 23245 and Case 22816* [PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer to consider front yard setbacks in the C-2C Zone through the upcoming amendments as part of Case 23245 and Case 22816.


15.7 HERITAGE ADVISORY COMMITTEE
15.7.1 Case H00485 - Request to Include 2267 Brunswick Street, Halifax in the Registry of Heritage Property for the Halifax Regional Municipality* [PDF]
Motion:
That Halifax Regional Council set a date for a heritage hearing to consider the inclusion of 2267 Brunswick Street, Halifax in the Registry of Heritage Property for the Halifax Regional Municipality, as shown on Map 1 of the December 22, 2021 staff report as a municipal heritage property under the Heritage Property Act.

15.7.2 Case H00519 - Substantial Alteration to the Contributing Heritage Resource at 1266 Barrington Street, Halifax* [Large 14 Mb PDF]
Motion:
That Halifax Regional Council set a public hearing date to consider the proposed substantial alterations to the contributing heritage resource at 1266 Barrington Street, Halifax (the Waverley Inn) as proposed in the January 14, 2022 staff report and its attachments, in accordance with By-law H-800 (the Old South Suburb Heritage Conservation District Bylaw).
 

15.8 BUDGET COMMITTEE
15.8.1 Ratification from Budget Committee on January 28, 2022 – Resource Outlining Capital Mobility Projects* [PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer to prepare a staff report for consideration prior to the 2023/2024 budget process, outlining what additional staff and other resources are required to advance the capital mobility projects and increase Halifax Regional Municipality’s capacity for major capital projects, especially proposed road networks and functional plans.
 

15.9 MEMBERS OF COUNCIL
15.9.1 Deputy Mayor Lovelace - Hammonds Plains Community Plan [PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer to prepare a staff report to determine the historic boundaries of Hammonds Plains, founded in 1786, to begin the process to develop a comprehensive community plan.

15.9.2 Councillor Austin – Intervenor Status, Nova Scotia Utility and Review Board regarding Nova Scotia Power Net-Metering Rate Application [PDF]
Motion: 
That Halifax Regional Council direct the Chief Administrative Officer to seek intervenor status in the upcoming Nova Scotia Utility and Review Board hearing regarding proposed revised Net Metering Rates that are being sought by Nova Scotia Power.

16. MOTIONS
16.1 Deputy Mayor Lovelace
Motion:
That Halifax Regional Council direct the Chief Administrative Officer (CAO) to prepare a staff report the purpose of which is to request the Province of Nova Scotia consider the protection of the 27 acres of French Village Conservation Woodland (PID 00506428) from St. Paul’s Anglican Church, 71 St. Pauls Lane, French Village to the wetlands east of Brine Lake and include it in the registry of Nova Scotia Protected Areas. 


17. IN CAMERA (IN PRIVATE)
Council may rise and go into a private In Camera session, in accordance with Section 19     of the Halifax Regional Municipality Charter, for the purpose of dealing with the following:

17.1 PROPERTY MATTER - Private and Confidential Report – Information Item Brought Forward from January 25, 2022
A matter pertaining to an identifiable individual or group. 
Motion: 
That Halifax Regional Council convene to in camera (in private) to discuss the matter.

17.2 PERSONNEL MATTER - Private and Confidential Report 
A matter pertaining to an identifiable individual or group.
Motion: 
That Halifax Regional Council:

1. Adopt the recommendations as outlined in the private and confidential report dated January 20, 2022; and 

2. Direct that the private and confidential report dated January 20, 2022 be maintained private and confidential.

17.3 PERSONNEL MATTER - Private and Confidential Report 
A matter pertaining to an identifiable individual or group.
Motion: 
That Halifax Regional Council:

1. Adopt the recommendations as outlined in the private and confidential report dated January 25, 2022; and
 
2. Direct that the private and confidential report dated January 25, 2022 be maintained private and confidential.

17.4 PERSONNEL MATTER - Private and Confidential Report 
A matter pertaining to an identifiable individual or group.
Motion: 
That Halifax Regional Council:

1. Adopt the recommendations as outlined in the private and confidential report dated January 25, 2022; and
 
2. Direct that the private and confidential report dated January 25, 2022 be maintained private and confidential.

17.5 PERSONNEL MATTER - Private and Confidential Report 
A matter pertaining to an identifiable individual or group.
Motion: 
That Halifax Regional Council:

1. Adopt the recommendations as outlined in the private and confidential report dated January 25, 2022; and
 
2. Direct that the private and confidential report dated January 25, 2022 be maintained private and confidential.


17.6 PERSONNEL MATTER - Private and Confidential Report 
A matter pertaining to an identifiable individual or group.
Motion: 
That Halifax Regional Council:

1. Adopt the recommendations as outlined in the private and confidential report dated January 25, 2022; and
 
2. Direct that the private and confidential report dated January 25, 2022 be maintained private and confidential.

17.7 PROPERTY MATTER - Private and Confidential Report
A matter pertaining to providing instruction and direction to officers and employees of the Municipality pertaining to the acquisition / sale of land. 
Motion: 
That Halifax Regional Council:

1. Adopt the recommendations as outlined in the private and confidential staff report dated January 10, 2022; and
 
2. Direct that the private and confidential staff report dated January 10, 2022 be maintained private and confidential.

17.8 PROPERTY MATTER - Private and Confidential Report
A matter pertaining to providing instruction and direction to officers and employees of the Municipality pertaining to the acquisition / sale of land. 
Motion: 
That Halifax Regional Council:

1. Adopt the recommendations as outlined in the private and confidential staff report dated January 4, 2022; and
 
2. Direct that the private and confidential staff report dated January 4, 2022 be maintained private and confidential.

18. ADDED ITEMS

19. NOTICES OF MOTION

20. ADJOURNMENT

________________________________________________________

 INFORMATION ITEMS
February 8, 2022

1. Proclamation – Wear Red Day – February 13, 2022 [PDF]

2. Memorandum from the Municipal Clerk dated January 31, 2022 re: Request for Presentation to Council – None [PDF]

3. Memorandum from the Chair of Audit and Finance Standing Committee dated January 26, 2022 re: Investment Activities – Quarter Ending September 30, 2021 [PDF]

4. Memorandum from the Chief Administrative Officer dated January 19, 2022 re: Status of Dangerous or Unsightly Orders [PDF]

5. Memorandum from the Chief Administrative Officer dated December 1, 2021 re: Ragged Lake Industrial Employment Land Supply [PDF]