Date:
Time: 10:00 a.m. Reconvene 6:00 p.m.
Location: Council Chamber
Minutes: September 20, 2016 Regional Council Minutes (PDF)
Summary of recorded votes: September 20, 2016 Regional Council Summary of Recorded Votes (PDF)
Agenda
1. CALL TO ORDER
2. SPECIAL COMMUNITY ANNOUNCEMENTS & ACKNOWLEDGEMENTS
3. APPROVAL OF MINUTES – August 9, 2016
4. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS
5. BUSINESS ARISING OUT OF THE MINUTES
6. CALL FOR DECLARATION OF CONFLICT OF INTERESTS
7. MOTIONS OF RECONSIDERATION – NONE
8. MOTIONS OF RESCISSION – NONE
9. CONSIDERATION OF DEFERRED BUSINESS – July 19 and September 6, 2016
9.1 Award – Request for Proposal (RFP) P16-034, Parking Enforcement [PDF]
(i) Supplementary Information Report dated August 30, 2016 [PDF]
Motion:
That Halifax Regional Council award RFP # P16-034, Parking Enforcement to G4S for a period of up to five (5) years, renewable on an annual basis subject to performance, operational requirements and budget availability at a first year cost of $840,048 net HST included with funding from Operating Account A315-6399.
9.2 MOTIONS – Deputy Mayor Whitman
That Halifax Regional Council respect the wishes of the residents of Westwood Hills, surrounding communities and the Tantallon area to be heard on the possibility of an asphalt plant opening in their neighbourhood and instruct staff of HRM’s Planning Department to conduct an additional public consultation session before the staff information report is presented to HRM’s Northwest Community Council.
10. NOTICES OF TABLED MATTERS – NONE
11. PUBLIC HEARING – 6:00 P.M.
11.1 Case 19353 – Amendments to the Halifax Municipal Planning Strategy and Peninsula Land Use By-law and Development Agreement, 2470 and 2480 Maynard Street, Halifax
- Report [PDF]
- Applicant's Presentation [PDF - 14 Mb]
- Staff Presentation [PDF]
Motion:
That Halifax Regional Council Approve the proposed amendments to the Halifax Municipal Planning Strategy and the Halifax Peninsula Land Use By-law, as contained in Attachments A and B of the staff report dated April 20, 2016.
Public Hearings - Frequently Asked Questions
12. CORRESPONDENCE, PETITIONS & DELEGATIONS
12.1 Correspondence
12.2 Petitions
13. INFORMATION ITEMS BROUGHT FORWARD – NONE
14. REPORTS
14.1 CHIEF ADMINISTRATIVE OFFICER
14.1.1 Sole Source Award and Reimbursement to Halifax Water for Enhanced Reinstatement of Chain of Lakes AT Greenway and an associated State of Good Repair project as part of the Lakeside Diversion Project [PDF]
Motion:
That Halifax Regional Council, in accordance with Administrative Order 35, Section 8(11A) sub-section (k): Sole Source/Single Source Purchases; (k) “For the procurement from a public body or a not-for-profit corporation” (Attachment “A”):
1. Retroactively approve the sole source award and payment of $461,486, net HST included, as per Halifax Water quotation, for the enhancement of Chain of Lakes Trail, with funding from Project No. CTU00420 – Active Transportation – Strategic Projects (Funding originally from Project No. CPX01196 - Regional Trails Active Transportation);
2. Retroactively approve the sole source award and payment of $51,711, net HST included, for the installation of surface storm water infrastructure improvements, as per Halifax Water quotation, with funding from Project No. CR990002 - Municipal Operations ‐ State of Good Repair.
14.1.2 Award – Unit Price Tender No. 16-225, Street Recapitalization, Cogswell Street – West Region [PDF]
Motion:
That Halifax Regional Council award Tender No. 16-225, Street Recapitalization, Cogswell Street – West Region, to the lowest bidder meeting specifications, Dexter Construction Company Limited for a Total Tender Price of $578,058 (net HST included) with funding from Project Account No’s. CR000005 – Street Recapitalization, CKU01084 – Sidewalk Renewals, and CTU00420 – Active Transportation Strategic Projects, as outlined in the Financial Implications section of the staff report dated September 12, 2016.
14.1.3 Award – Unit Price Tender No. 16-240, Asphalt Overlay and Pavement Renewal, Cole Harbour Road and Bissett Lake Road – East Region [PDF]
Motion:
That Halifax Regional Council award Tender No. 16-240, Asphalt Overlay and Pavement Renewal, Cole Harbour Road and Bissett Lake Road – East Region, to the lowest bidder meeting specifications, Dexter Construction Company Limited, for a Total Tender Price of $995,019 (net HST included) with funding from Project Account No. CR000005 – Street Recapitalization, as outlined in the Financial Implications section of the staff report dated September 6, 2016.
14.1.4 Award – Request for Proposal (RFP) 16-047 Prime Design Consulting Services for the Cogswell Redevelopment Program [PDF]
Motion:
That Halifax Regional Council Award RFP 16-047 Prime Design Consulting Services to Support the Cogswell Redevelopment Program, to the highest scoring proponent, WSP Canada Limited for $2,557,041 (net HST included). The award consists of two components which were tendered as Table 1 and Table 2 costs in the RFP;
1. Fixed Design Services for Phases I to V of $1,483,312 (net HST included), with funding from Project Account No. CT000007 – Cogswell Interchange Redevelopment as outlined in the Financial Implications section of the staff report dated September 12, 2016.
2. Time Based Fees of RFP 16-047 Prime Design Consulting Services for the Cogswell Interchange Redevelopment up to an amount of $1,073,729 (net HST included), with funding from Project Account No. CT000007 – Cogswell Interchange Redevelopment, as outlined in the Financial Implications section of the staff report dated September 12, 2016.
14.1.5 Halifax Regional Municipality (HRM) & Halifax Water Transfer Agreement [PDF]
Motion:
That Halifax Regional Council:
1. Approve the revised Schedule “B” of the Halifax Regional Municipality and Halifax Water Transfer Agreement for all HRM Wastewater Infrastructure to be directly transferred to Halifax Water; and
2. Approve the inclusion of a First Right of Refusal to HRM for the transferred properties in the event they become surplus to Halifax Water requirements in the future.
14.1.6 Parkland Improvement Funding – Brookhill Drive, Grand Lake [PDF]
Motion:
That Halifax Regional Council not direct the cash-in-lieu of parkland funds, in association with the approval of the final plan of subdivision for the 19 lot open space design development approved under Case No. 17736, for the development of the existing HRM park parcel(s) on Brookhill Drive, Grand Lake.
14.1.7 Options with Respect to the former Texpark Site – 1591 Granville Street and 1568 Hollis Street, Halifax [PDF]
Motion:
That Halifax Regional Council:
1. Not extend the commencement date as requested by Upland Urban Planning and Design Studio.
2. Discharge the existing Development Agreement for the former Texpark site between HRM and United Gulf Developments Limited dated November 28, 2007 and filed in the Land Registration Office as Document No. 89466073.
14.1.8 Purcell’s Cove Backlands – Shaw Group/Nature Conservancy of Canada Proposal [PDF]
Motion:
That Halifax Regional Council direct staff to:
1. Proceed with negotiations to acquire the lands (PID 00052407) and return to Regional Council for consideration of the key terms and conditions for the 379 acres that address the following:
a. Suitable acquisition terms respecting the purchase, lease and payment plan for the lands that represents fair market value or better as supported by appraisal commissioned by HRM;
b. Acceptable governance model that considers a community stewardship model for the management of the parkland;
c. Suitable concept site and management plan including installation of the proposed infrastructure by The Shaw Group that enables turnkey operation of the property within 2 years;
d. Clarification of the obligations of the lessor (NCC) and lessee (HRM) respecting the lands including any restrictions/covenants meet municipal requirements and mitigate future risk to HRM;
e. Resolution of the concerns related to the state of the dam on the lands;
f. Input from public consultation and discussions with the Province and relevant stakeholders regarding the proposal; and
2. Consider updates to the Regional Plan and related planning documents during the next review cycle to reflect the acquisition(s) and the implications on surrounding lands.
14.2 AUDITOR GENERAL
14.2.1 A Performance Review of the Effectiveness of Strategic Workforce Planning at Halifax Regional Municipality
- Report [PDF]
- Presentation [PDF]
Motion:
That Halifax Regional Council suspend the rules of order and receive the report.
14.3 AUDIT AND FINANCE STANDING COMMITTEE
14.3.1 Long-term Fiscal Strategy Reserve Review – New Reserve Business Cases [PDF]
Motion:
That Halifax Regional Council approve the attached new Reserve Business Cases and revised merging into the three new themes as outlined in the staff report dated August 30, 2016.
14.3.2 Grant Request – Atlantic Agricultural Fall Fair Association [PDF]
Motion:
That Halifax Regional Council approve a one-time developmental contribution of up to $20,000 to the Atlantic Agricultural Fall Fair Association from Account M311-8004 Grants, subject to the conditions outlined in the staff report dated August 25, 2016.
14.3.3 Destination Halifax Update and Amended Services Agreement [PDF]
Motion:
That Halifax Regional Council:
1. Approve the amending agreement attached to the May 24, 2016 staff report and updates to Schedule A of the current Services Agreement with Destination Halifax; and,
2. Increase its operational support to Destination Halifax to $386,600 to correct a $104,500 discrepancy in HRM’s approved 2016-17 Operating and Capital Budget with funding from Q328 – Operating Surplus Reserve.
14.3.4 Support for Engage Nova Scotia [PDF]
Motion:
That Halifax Regional Council:
1. Award a grant of $50,000 from operating account M310- 8004 to support Engage Nova Scotia
2. Approve that the agreement for the first grant be updated to cover the second grant
14.3.5 Federal Infrastructure Funding – Halifax Transit Project Budget Amendments [PDF]
Motion:
That Halifax Regional Council:
1. Approve an increase to 2016-17 Transit projects with funding from the Public Transit Infrastructure Fund (PTIF) combined with funding from the Building Canada Fund (BCF) in 2016-17, in the amount of $18,288,667; with no net change to Transit’s 2016-17 project budget as outlined in Table 2 of the staff report dated August 24, 2016.
2. Approve a transfer of funds from Project Account No. CVD00436-Biennial Ferry Refit to Project Account No. CM000001 - Ferry Replacement in the amount of $735,000 to allow for work to begin in 2016-17 on Ferry Replacement.
3. Approve the list of 2017/18 projects for advanced funding for the purposes of advanced tendering as outlined in Table 3 of the staff report dated August 24, 2016.
14.4 EXECUTIVE STANDING COMMITTEE
14.4.1 In Camera Breaches [PDF]
Motion:
That Halifax Regional Council approve the following recommendations:
1. That the Code of Conduct investigation process outlined by the Auditor General, and approved by Regional Council October 25, 2011, be replaced by a self-governing model as identified by Section 20 of Administrative Order 52, Code of Conduct for Elected Officials; and described in the report dated May 24, 2016; and
2. That Council request to the Province of Nova Scotia to initiate legislative changes to the Halifax Regional Municipality Charter to allow for the ability to censure Members of Council, by remitting remuneration, for violations to Administrative Order 52, Code of Conduct for Elected Officials.
14.4.2 Violence and Public Safety – Clairmont Report [PDF]
Motion:
That Halifax Regional Council:
1. Direct staff to develop an updated Public Safety Strategy, for Council approval, in accordance with the approach set out in the staff report dated August 8, 2016; and
2. Direct staff to periodically report back to Regional Council on the Public Safety Strategy once it is implemented.
14.5 NORTH WEST COMMUNITY COUNCIL
14.5.1 Additional Public Consultation Session for Case 19461 [PDF]
Motion:
That Halifax Regional Council direct HRM’s Planning and Development staff to conduct an additional public consultation session in relation to Case 19461 –
Amendments to the Planning Districts 1 and 3 Municipal Planning Strategy and Land Use By-law to enable an asphalt plant on lands west of Little Indian Lake, Head of St. Margaret’s Bay for the residents of Westwood Hills, Tantallon and surrounding communities prior to an information report on the matter being presented to North West Community Council.
14.6 GRANTS COMMITTEE
14.6.1 Less Than Market Value Lease – Dartmouth Lawn Bowls Club, 2 Mount Hope, Dartmouth [PDF]
Motion:
That Halifax Regional Council authorize the Mayor and Municipal Clerk to enter into a less than market value lease agreement with Dartmouth Lawn Bowls Club for the leased premises located at Mount Hope Avenue, Dartmouth as per key terms and conditions set out in Table 1 in the discussion section of staff report dated August 16, 2016.
14.6.2 Rural Transit Funding Supplementary Report [PDF]
Motion:
That Halifax Regional Council approve funding applications submitted by MusGo Rider Cooperative (Musquodoboit), MusGo Rider Cooperative (Valley-Sheet Harbour), and BayRides, under Administrative Order Number 2014-012-ADM, the Rural Transit Grants Administrative Order, for the 2016/2017 fiscal year, for a total combined amount not to exceed $140,000.
14.6.3 Business Improvement District (BID) Contribution Fund - 2016-2017 – Recommended Awards [PDF]
Motion:
That Halifax Regional Council approve the eight (8) awards detailed in Attachment 1 of the committee report dated September 12, 2016 for a combined total of $107,000 from operating account C771 – 6919.
14.7 MEMBERS OF COUNCIL
14.7.1 Councillor Mosher – Tree Stump Removal [PDF]
Motion:
That Halifax Regional Council requests a staff report to investigate the establishment of dedicated funding for tree stump removal and replanting the former street trees.
14.7.2 Councillor Karsten – Request for Staff Report on Train Whistle’s in Shearwater / Autoport Area [PDF]
Motion:
That Regional Council request a Recommendation Staff Report to come back to Council on the feasibility of initiating the process to facilitate the elimination of train whistles at any or all of the 4 locations from Shearwater to, and including, the Autoport.
14.7.3 Councillor Hendsbee – Lot Grading Bylaw L-400 [PDF]
Motion:
That Regional Council requests a staff report with respect to initiating the process to repeal or amend the Lot Grading Bylaw L-400 to exclude those areas outside the serviceable boundary.
14.7.4 Councillor Mosher – Municipal Archive Hours of Operations [PDF]
Motion:
That Halifax Regional Council request a staff report to increase the hours of operation at the municipal archives to ensure proper access to information for those residents who are not able to visit during the regular drop in hours of:
• Tuesday: 10am-1pm
• Wednesday: 1pm-4pm
• Thursday: 1pm-4pm
15. MOTIONS
15.1 Councillor Hendsbee
That Halifax Regional Council request a staff report that shall be vetted through the Audit and Finance Standing Committee to find $10,000 as cash incentive for the HRM Gun Amnesty program during the 2016-17 fiscal year.
16. 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:
16.1 Personnel Matter
Citizen and Councillor appointments to boards and committees in keeping with the Public Appointment Policy adopted by Regional Council in August 2011, to be found at https://www.halifax.ca/city-hall/boards-committees-commissions/volunteer-boards-committees/public-appointment-policy
16.1.1 Citizen Nomination to Halifax International Airport Authority (HIAA) – Private and Confidential Report
Motion:
That Halifax Regional Council nominate the nine (9) Candidates as put forward by the Executive Standing Committee, to the Halifax International Airport Authority Board.
It is further recommended that the private and confidential report dated September 13, 2016 not be released to the public.
16.2 Property Matter
A matter pertaining to providing instruction and direction to officers and employees of the Municipality pertaining to the acquisition / sale of land in regard to
16.2.1 Buy Back Agreement – Hospice Society of Greater Halifax – 9 Spring Street – Private and Confidential Report
Motion:
That Halifax Regional Council:
1. Approve an increase to the 2016/17 capital budget, requiring a new capital account for land repurchase, to be funded with a withdrawal of $179,630, from the Capital Fund Reserve with repayment from the future proceeds of the re-sale of the property;
2. Authorize staff to exercise the Buy-Back Agreement registered against 9 Spring Street, as per the terms outlined in Table 1 of the private and confidential staff report dated July 19, 2016;
3. Following the repurchase of 9 Spring Street, declare it surplus to municipal requirements pursuant to Administrative Order 50 and categorize it as Ordinary, and;
4. That the private and confidential Audit and Finance Report dated September 9, 2016 and the private and confidential staff report dated July 19, 2016 not be released until the transaction has closed.
16.2.2 Property Disposal – 429 Cobequid Road Sackville (PID No. 40300030) – Private and Confidential Report
Motion:
That Halifax Regional Council:
1. Authorize the Mayor and Municipal Clerk to enter into an Agreement of Purchase and Sale for the disposal of Civic No. 429 Cobequid Road, Sackville (PID No. 40300030), as per the terms and conditions outlined in Table 2 of the private and confidential staff report dated August 29, 2016 and
2. That the private and confidential staff report dated August 29, 2016 not be released until the transaction has closed.
16.2.3 Sale of Block R-N-1-E, Wilkinson Avenue, Burnside Park – Private and Confidential Report
Motion:
That Halifax Regional Council:
1. Authorize the Mayor and Municipal Clerk to enter into an Agreement of Purchase and Sale for the subject land, as per the minimum key terms and conditions outlined in Table 1 of the private and confidential report dated August 25, 2016; and
2. That the private and confidential report dated August 25, 2016 not be released to the public until after the transaction has closed.
16.2.4 Halifax Regional Municipality/Halifax Port Authority Land Exchange, Lot HH-I – Private and Confidential Report
Motion:
That Halifax Regional Council:
1. Approve a land exchange settlement as per Table 1 of the private and confidential report dated August 22, 2016 and authorize the Mayor and Clerk to enter into an Exchange Agreement with the Halifax Port Authority and to enter into such other ancillary agreements as may be necessary to advance the settlement and exchange;
2. The exchange be entered into without prejudice to any claim of ownership by the Municipality to any other property formed by infilling of the seabed of Halifax Harbour or the Bedford Basin; and
3. That the private and confidential report dated August 22, 2016 not be released until the transaction has closed.
16.2.5 Buy-Back Agreements – 6199 Chebucto Road and 6225 Chebucto Road, Halifax – Private and Confidential Report
Motion:
That Halifax Regional Council:
1. Approve the request for a postponement of the Buy-Back Agreement for 6199 Chebucto Road, as outlined in the private and confidential report dated September 8, 2016;
2. Approve that the Buy-Back Agreement for 6199 Chebucto Road be released in nine (9) years, or the twenty-fifth (25) anniversary of the original Closing date;
3. Approve a postponement of the Buy-Back Agreement for 6225 Chebucto Road, as outlined in the private and confidential report dated September 8, 2016;
4. Approve that the Buy-Back Agreement for 6225 Chebucto Road be released in nine (9) years, or on the twenty-fifth (25) anniversary of the original Closing date; and
5. That the private and confidential staff report dated September 8, 2016 not be released to the public.
16.2.6 St. Patrick’s Alexandra School Property – Private and Confidential Report
Motion:
That Halifax Regional Council convene to in camera regarding a matter concerning a legal settlement involving the sale of St. Patrick’s Alexandra School Property.
16.2.7 Councillor Watts – Capital Funding Request – Private and Confidential Report
Motion:
That Halifax Regional Council request a staff report as outlined in the private and confidential Councillor Request for Consideration Form.
16.3 Personnel Matter
A matter pertaining to an identifiable individual or group.
16.3.1 Personnel Matter
Motion: That Halifax Regional Council convene to in camera to discuss the matter.
Private and Confidential Information Items
1. Private and Confidential In Camera (In Private) Information Report - re: Supplementary Report – Award of RFP P16-034, Parking Enforcement
2. Private and Confidential In Camera (In Private) Information Report - re: Halifax Regional Municipality/Halifax Port Authority Land Exchange, Lot HH-1
3. Private and Confidential In Camera (In Private) Information Report - re: Legal Advice – Options with Respect to the former Texpark Site – 1591 Granville Street and 1568 Hollis Street, Halifax
4. Private and Confidential In Camera (In Private) Information Report - re Purcell’s Cove Backlands – Shaw Group/Nature Conservancy of Canada Proposal
17. ADDED ITEMS
17.1 Councillor Adams – Municipal support for dry wells within HRM [PDF]
Motion:
That Halifax Regional Council request a staff report on the feasibility of HRM facilities, including but not limited to Fire Halls and Recreation Centres, providing water to residents for personal use in the case that their well has run dry.
18. NOTICES OF MOTION
19. ADJOURNMENT
INFORMATION ITEMS
September 20, 2016
1. Proclamation – Childhood Cancer Awareness Month – September 2016 [PDF]
2. Proclamation – Symphony Week – September 19 - 25, 2016 [PDF]
3. Proclamation – Biotechnology & Life Sciences Week – September 26 - October 2, 2016 [PDF]
4. Proclamation – International Right to Know Week – September 26 - October 2, 2016 [PDF]
5. Proclamation – National Seniors Day – October 1, 2016 [PDF]
6. Proclamation – Stoma Stroll for Ostomy Day – October 1, 2016 [PDF]
7. Proclamation – Mi’kmaq Treaty Day – October 3, 2016 [PDF]
15. Proclamation – Halifax Celtic Festival – September 14 - 18, 2016 [PDF]
16. Proclamation – Father J. Murray Abraham Day of Peace, Joy and Love – September 26, 2016 [PDF]
17. Proclamation – Insurance Information Campaign – 2016 [PDF]