Date:
Time: 1:00 p.m. Reconvene 6:00 p.m. If Required
Location: Council Chamber
Minutes: June 14, 2016 Regional Council Minutes (PDF)
Summary of recorded votes: June 14, 2016 Regional Council Summary of Recorded Votes (PDF)
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. 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 – NONE
10. NOTICES OF TABLED MATTERS – NONE
11. PUBLIC HEARING – 6:00 P.M. – NONE
12. CORRESPONDENCE, PETITIONS & DELEGATIONS
12.1 Correspondence
12.1.1 Fly-Past Request – Canada Day Official Opening Ceremony [PDF]
Motion:
That Halifax Regional Council grant permission for a flypast from 12 Wing Shearwater at levels as low as 500 feet above the highest obstacle on Friday July 1, 2016 at 12:00 pm over the Halifax Citadel National Historic Site, as part of the Canada Day Official Opening Ceremony.
12.2 Petitions
13. INFORMATION ITEMS BROUGHT FORWARD – May 31, 2016
13.1 Councillor McCluskey – Regina & Saskatoon Housing Development Incentives (Supplementary Information Report) [PDF]
14. REPORTS
14.1 CHIEF ADMINISTRATIVE OFFICER
14.1.1 Award – Unit Price Tender No. 16-200 – McQuarrie Bridge Replacement [PDF]
Motion:
That Halifax Regional Council:
1. Award Tender No. 16-200, McQuarrie Bridge Replacement –Central Region, to the lowest bidder meeting specifications, Dexter Construction Company Limited for a Total Tender Price of $1,365,106 (net HST included) with funding from Project Account Nos. CRU01077- Bridges, and CTU01086 – Intersection Improvement Program, as outlined in the Financial Implications section of the staff report dated May 30, 2016;
2. Award the construction administration and site supervision component of RFP 15-303, Engineering Services for the Replacement Design of the McQuarrie Bridge, to WSP Canada Inc. for an estimated fee of $66,076 (net HST included) from Project Account No. CRU01077- Bridges, as outlined in the Financial Implications section of the staff report dated May 30, 2016.
14.1.2 Award – Unit Price Tender No. 16-218 – Asphalt Overlays Phase 1 – Various Locations [PDF]
Motion:
That Halifax Regional Council award Tender No. 16-218, Asphalt Overlays Phase 1 – Various Locations, to the lowest bidder meeting specifications, Cumberland Paving & Contracting Limited for a Total Tender Price of $1,198,245 (net HST included) with funding from Project Account No. CR000005 – Street Recapitalization, as outlined in the Financial Implications section of the staff report dated May 24, 2016.
14.1.3 Award – Unit Tender Price No. 16-244 – Proposed Paving Renewal & New Concrete Curb & Gutter, Merrimac Drive – East Region [PDF]
Motion:
That Halifax Regional Council award Tender No. 16-244, Proposed Paving Renewal & New Concrete Curb & Gutter, Merrimac Drive – East Region, to the lowest bidder meeting specifications, Dexter Construction Company Limited for a Total Tender Price of $560,225 (net HST included) with funding from Project Account No. CR000005 – Street Recapitalization and CRU01079 – Other Road Related Works, as outlined in the Financial Implications section of the staff report dated May 14, 2016.
14.1.4 First Reading Proposed By-Law A-404 – Amendments to By-Law A-400, Respecting Alternative Voting – Elections By-Law [PDF]
Motion:
That Halifax Regional Council give First Reading to proposed By-law A-404, further amending By-law A-400, the Alternative Voting By-law, as set out in Attachment 2 of the staff report dated May 25, 2016.
14.1.5 Open Air Burning – Increasing Minimum Distance for Outdoor Wood Burning Appliances [PDF]
Motion:
That Halifax Regional Council direct staff to prepare amendments to By-law 109, the Open Air Burning By-law, to:
1. (a) Prohibit open air burning and the use of outdoor solid fuel burning appliances on residential property unless a property as a septic field (2,900m2), and
(b) If a residential property has a septic field, to restrict open air burning to a minimum distance of 50 (15.24m) feet from any structure;
2. Prohibit any type of homemade outdoor wood burning device, such as a modified propane barbeque to burn wood or a modified steel drum to burn wood;
3. Prohibit homemade food smokers; and
4. Restrict industrial burning permits to a minimum area of 1 acre (43,560ft2 or 4,046m2);
and return to Council for consideration of the proposed amendments.
14.1.6 Case 18120 – Municipal Planning Strategy and Land Use By-Law Amendments for 348 Purcell’s Cove Road, Halifax – Supplementary Report [PDF]
i) Staff Recommendation Report dated June 29, 2015 [PDF]
ii) Staff Supplementary Information Report dated February 1, 2016 [PDF]
Motion:
That Halifax Regional Council refuse the request to amend the Halifax Municipal Planning Strategy (MPS) and Halifax Mainland Land Use By-law (LUB) to permit existing buildings and land uses (single unit dwelling and accessory buildings) at 348 Purcell’s Cove Road, Halifax.
14.1.7 Case 20312 – Non-Substantive Amendments to Existing Development Agreement, Lower Water and Bishop Streets, Halifax [PDF]
Motion:
That Halifax Regional Council:
1. Approve, by resolution, the proposed amending development agreement, which shall be substantially of the same form as set out in Attachment A of the staff report dated May 20, 2016, to allow for changes to the upper levels and ground-floor corner entrance of the “Alexander” development at Lower Water and Bishop Streets, Halifax;
2. Require that the proposed amending development agreement be signed by the property owner within 120 days, or any extension thereof granted by Council on request of the property owner, from the date of final approval by Council and any other bodies as necessary, including applicable appeal periods, whichever is later; otherwise this approval will be void and obligations arising hereunder shall be at an end.
14.1.8 Old Sackville Road Bridges (BR39 and BR40) [PDF]
Motion:
That Halifax Regional Council direct staff to proceed with the design and subsequent tendering of the capital improvements required for two bridges located on Old Sackville Road, Lower Sackville (referenced as BR39 and BR40) as outlined in the staff report dated May 17, 2016, notwithstanding the unresolved dispute with the Province about ownership and responsibility for the structures.
14.1.9 Proposed Property Acquisition – Sidney Crescent, Eastern Passage [PDF]
Motion:
That Halifax Regional Council direct staff to not acquire the 16,600 square foot parcel of parkland at PID#00354589, Eastern Passage, from the Nova Scotia Department of Justice.
14.1.10 Proposed Amendments to Administrative Order 45, Respecting Private Road Maintenance – Road Maintenance Fee for Shiloh and Karla Drive Road Association [PDF]
Motion:
That Halifax Regional Council:
1. Approve an annual uniform charge of no more than $700.00 per property, to be applied against properties abutting Shiloh Drive and Karla Lane, as depicted in the map shown in Appendix A of the staff report dated May 10, 2016, effective with the 2016-17 fiscal year for the purpose of funding the road maintenance activities of the Shiloh and Karla Drive Road Association.
2. Approve amending Administrative Order 45, Respecting Private Road Maintenance, by adding Schedule 14, respecting a Uniform Charge for the Shiloh and Karla Drive Road Association, attached as Appendix B to the staff report dated May 10, 2016.
3. Subject to the approval of Schedule 14 of Administrative Order 45, authorize the Mayor and Clerk to sign on behalf of HRM, an Agreement between HRM and the Association in the form approved by Regional Council on February 11, 2014.
14.1.11 First Reading Proposed By-law M-200, Respecting Minimum Standards for Residential Occupancies and Administrative Order 15, Respecting License, Permit and Processing Fees [PDF]
Motion:
That Halifax Regional Council:
1. Give First Reading to proposed By-Law M-200, Respecting Minimum Standards for Residential Occupancies, which will repeal and replace By-law M-100 as set out in Appendix A of the staff report dated April 15, 2016; and
2. Direct staff to conduct a facilitated workshop with ACORN (Association of Community Organizations for Reform Now), IPOANS (Investment Property Owners Association of Nova Scotia), AHANS (Affordable Housing Association of Nova Scotia), Housing NS, Dalhousie Student Union, Dalhousie University, Saint Mary’s University, University of King’s College, Students NS, Navigator Street Outreach, and other stakeholders as necessary, the purpose of which is the development of a residential building licensing model and return to Regional Council with a recommendation.
14.1.12 Appointment of Chief Planner as a Development Officer [PDF]
Motion:
That Halifax Regional Council:
1. Appoint Robert (Bob) Bjerke as a Development Officer for the Halifax Regional Municipality in accordance with Subsection 258 (1) of the Halifax Regional Municipality Charter; and
2. The appointment becomes effective as soon as approved by Regional Council.
14.1.13 First Reading Proposed By-Law A-701, Amendment to By-law A-700, Respecting Animals and Responsible Pet Ownership – Amend By-law A-700 to Exempt Bees [PDF]
Motion:
That Halifax Regional Council give First Reading to proposed By-Law A-701, amending By-Law A-700, Respecting Animals and Responsible Pet Ownership, to clarify that clause 8(1)(a) does not apply to bees owned by beekeepers registered under the Bee Industry Act as set out in Appendix B to the staff report dated May 19, 2016.
14.2 HERITAGE ADVISORY COMMITTEE
14.2.1 Case H00423 – Substantial Alteration to the Green Lantern Building, 1581-89 Barrington Street, Halifax, a Municipally Registered Heritage Property [PDF]
Motion:
That Halifax Regional Council approve substantial alteration to the Green Lantern Building, 1581-89 Barrington Street, Halifax as presented in the January 28, 2016 staff report.
14.2.2 Request to Expedite Staff Report RE Map 6, Heritage Resources – Downtown Halifax Secondary Municipal Planning Strategy [PDF]
Motion:
That Halifax Regional Council expedite the request for staff report approved by Council on May 10, 2016 in regard to Map 6, Heritage Resources – Downtown Halifax Secondary Municipal Planning Strategy.
14.3 MEMBERS OF COUNCIL
14.3.1 Councillor Nicoll – Taxi Zone [PDF]
Motion:
That Halifax Regional Council request a staff report to consider amending Administrative Order # 39 Section 6.0 to include section 6.1 (d):
6.0 ZONES
6.1 The Municipality is divided into the following three zones for the licensing
of taxis:
(a) the County Zone, being the area of the Halifax Regional Municipality that is not within either the Dartmouth zone or the Halifax zone.
(b) the Dartmouth Zone, being the geographical area of the former City of Dartmouth.
(c) the Halifax Zone, being the geographical area of the former City of Halifax and the areas also known as Harrietsfield, Sambro, Ketch Harbour and Portuguese Cove.
6.1 (d) Notwithstanding the foregoing, both the County Zone and the
Dartmouth Zone shall include the areas lying within the boundaries of the communities of Cole Harbour and Westphal.
14.3.2 Councillor Mason – Sidewalk Café [PDF]
That Halifax Regional Council request a staff report regarding possible amendments to By-Law S-1000 “Respecting the Regulation of Sidewalk Cafés” to allow a requirement for a surety or bond to be provided by a tenant which could be used to cover the cost of the removal of the sidewalk café if the tenant goes out of business.
15. MOTIONS
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 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
16.1.1 Property Disposal – Parcel RL-F – Walcot Run, PID No. 41194846 – Private and Confidential Report – Deferred from May 31, 2016
Motion:
That Halifax Regional Council:
1. Authorize the Mayor and Municipal Clerk to enter into an Agreement of Purchase and Sale for Parcel RL-F (PID 41194846), Walcot Run, Halifax, as per the terms and conditions outlined in Table 1 of the private and confidential report dated May 5, 2016; and
2. That the private and confidential report dated May 5, 2016 not be released until the transaction has closed.
16.1.2 Release of Buy-Back Agreement – City of Halifax Non Profit Housing Society – 2275 Brunswick Street, Halifax – Private and Confidential Report
Motion:
It is recommended that Halifax Regional Council:
1. Authorize staff to release the Buy-Back Agreement registered against 2275 Brunswick Street, subject to the terms outlined in Table 1 of the private and confidential report dated May 5, 2016; and
2. The private and confidential report dated May 5, 2016 not be released until the Buy-Back is formally released.
16.1.3 Councillor Mosher – Requirements in Land Lease Agreement – Private and Confidential Report
Motion:
That Halifax Regional Council request a staff report to consider the reassignment of the lease as outlined in the private and confidential Councillor Request for Consideration Form.
16.2 Labour Relations
A matter pertaining to reports, advice and recommendations, instruction or direction to officers and employees of the Municipality concerning labour relations and employee negotiations arising out of the contract or contract negotiations with one of the Municipalities unions.
16.2.1 Halifax Civic Workers’/ Canadian Union of Public Employees, Local 108 (CUPE) Collective Bargaining Update – Private and Confidential Information Item Brought Forward – May 31, 2016
Motion:
That Halifax Regional Council convene to in camera to discuss the matter.
16.2.2 Halifax Civic Workers’/Canadian Union of Public Employees, Local 108 (CUPE) Collective Bargaining Update – Private and Confidential Report
Motion:
That Halifax Regional Council convene to in camera to discuss the matter.
Private and Confidential Information Item
1. Private and Confidential In Camera (In Private) Information Report - re: Settlement of Actions, Proceeds and Claims up to and Including the Amount of $100,000 In Accordance With Administrative Order 49
17. ADDED ITEMS
18. NOTICES OF MOTION
19. ADJOURNMENT
INFORMATION ITEMS
June 14, 2016