Date:
Time: Immediately Following Committee of the Whole Reconvene 6:00 p.m.
Location: Council Chamber
Minutes: February 16, 2016 Regional Council Minutes (PDF)
Summary of recorded votes: February 16, 2016 Regional Council Summary of Recorded Votes (PDF)
Agenda
1. CALL TO ORDER
2. SPECIAL COMMUNITY ANNOUNCEMENTS & ACKNOWLEDGEMENTS
3. APPROVAL OF MINUTES – Regional Council January 12, 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 – NONE
10. NOTICES OF TABLED MATTERS – NONE
11. APPEAL HEARING – 1:00 P.M.
11.1 Case 20227 – Appeal of the Design Review Committee’s Approval of the Substantive Site Plan Application for the Margaretta Development at 1447 Dresden Row, Halifax
- Report [PDF - 11 Mb]
- Staff Presentation [PDF]
Motion:
That Halifax Regional Council allow the appeal of the Design Review Committee’s decision for case 20227 – Substantive Site Plan Application for the Margaretta Development at 1447 Dresden Row, Halifax and therefore overturn the Design Review Committee decision.
PUBLIC HEARING – 6:00 P.M.
11.2 Case 20072 – Amendments to Municipal Planning Strategy and Land Use By-law for Planning District 5, 786 and 792 Old Sambro Road, Harrietsfield
- Report [PDF]
- Staff Presentation [PDF]
- Applicant's Presentation [PDF]
Motion:
That Halifax Regional Council approve the proposed amendments to the Municipal Planning Strategy and Land Use By-law for Planning District 5 as set out in Attachments A and B of the staff report dated November 24, 2015
Public Hearings - Frequently Asked Questions
12. CORRESPONDENCE, PETITIONS & DELEGATIONS
12.1 Correspondence
12.1.1 Fly-Past Request – 25th Anniversary of the Liberation of Kuwait [PDF]
Motion:
That Halifax Regional Council grant permission for a Sea King helicopter flypast at a height of 500 feet above the highest obstacle on Friday February 26, 2016 at 10:18 am over the NB jetty, Halifax as part of the ceremony to remember military personnel who served in the Gulf War.
12.2 Petitions
13. INFORMATION ITEMS BROUGHT FORWARD – NONE
14. REPORTS
14.1 CHIEF ADMINISTRATIVE OFFICER
14.1.1 Award – P15-081 Halifax Transit Ferry Terminal Security and Fare Collection [PDF]
Motion:
That Halifax Regional Council award Request for Proposals #P15-081 Halifax Transit Ferry Terminal Security and Fare Collection to the highest scoring proponent, Independent Security Services Atlantic Inc. for three (3) years with the option to extend for two (2) additional one-year terms subject to satisfactory performance of the contract for a three (3) year cost of $1,085,952 (net HST included) with funding from Operating Account No. R661-6310 – Outside Personnel, as outlined in the Budget Implications section of the staff report dated January 26, 2016.
14.1.2 East Dartmouth Community Centre – Facility Lease Agreement Amendment [PDF]
Motion:
That Halifax Regional Council authorize the Mayor and Municipal Clerk to amend the Facility Lease Agreement with Boys and Girls Club of Greater Halifax for the facility located at 50 Caledonia Road, Dartmouth, as per the proposed amendments set out in Table 1 in the Discussion section of the staff report dated January 8, 2016.
14.1.3 Lease Agreement South End Community Day Care, 5594 Morris Street, Halifax [PDF]
Motion:
That Halifax Regional Council direct staff to negotiate a Lease Agreement with the South End Community Day Care to transition the Tenant to market rent.
14.1.4 Street Right-of-Way Acceptance, Crescent Avenue, Halifax, NS [PDF]
Motion:
That Halifax Regional Council designate a portion of HRM-owned property, PID 41218777, as right-of-way for the purpose of consolidation with Crescent Avenue.
14.1.5 Water and Sewage Project Applications – Musquodoboit Harbour [PDF]
Motion:
That Halifax Regional Council not pursue a Building Canada Fund application for a Musquodoboit Harbour central water and sewer project.
14.1.6 Councillor Appointments to Various Boards/Committees/Commissions [PDF]
Motion:
That Halifax Regional Council appoint Councillor Tony Mancini to the Crosswalk Safety Advisory Committee and the Shubenacadie Canal Commission for a term to November, 2016.
14.1.7 Surplus Municipal Property at 18 Scotia Drive, Bedford [PDF]
Motion:
That Halifax Regional Council:
1. Retain approximately 8,500 square feet of land at the southern end of the former Waverley School property PID# 00428961 for a future pocket park;
2. Retain approximately 51,000 square feet of PID# 00428961 across Highway 1, the Bedford By-pass, as a portion of the Bedford Educational Centre soccer field; and
3. Declare the balance of PID# 00428961 as surplus in accordance with Regional Council’s motion of September 9, 2014.
14.1.8 New South Peninsula School – Proposed Gym Enhancements [PDF]
Motion:
That Halifax Regional Council direct staff to inform the Halifax Regional School Board and Department of Education and Early Childhood Development that Halifax Regional Municipality will not be participating in a gym enhancement for the new South Peninsula P-6 School.
14.2 COMMUNITY PLANNING AND ECONOMIC DEVELOPMENT STANDING COMMITTEE
14.2.1 Planning and Development – Public Consultation Renewed [PDF]
Motion:
That Halifax Regional Council:
1. Direct staff to develop a new Administrative Order, which would outline required and optional engagement activities for planning applications, policy amendments, and new policy development undertaken by the Planning & Development business unit and return to the Community Planning and Economic Development Standing Committee when this work is complete;
2. Direct staff to investigate opportunities to implement new engagement tools as well as modernized existing tools on a go-forward basis in an effort to modernize the planning process;
3. Initiate the process to consider amending the Regional Municipal Planning Strategy so as to require consistency in public consultation requirement / standards throughout all Municipal Planning Strategies and Secondary Municipal Planning Strategies; and
4. Direct staff to return to the Community Planning and Economic Development Standing Committee on a yearly basis with the purpose of reporting on an engagement activities performed in that year, and recommended improvements to the process.
14.2.2 Recommended Legislative Authority to Suspend Potential Development in the Barrington South (Old South Suburb) while Establishing a Heritage Conservation District [PDF]
Motion:
That Halifax Regional Council request the Province to amend the Heritage Property Act and Heritage Conservation Districts regulations, where appropriate, to authorize the Council to adopt a by-law what would suspend specific types of developments, for a period not exceeding on (1) year, within the boundaries of an area that Council has identified as part of a background study to establish a Heritage Conservation District. The by-law shall identify and restrict inappropriate development activity for the period in which it is in effect. Another by-law, under this provision, cannot be established, in an area which was previously subject to by-law, for a period of three years once the by-law ceases to be in effect.
14.2.3 Rural Benchmarks & Service Levels (Presentation)
- Report [PDF]
- Presentation [PDF]
14.3 TRANSPORTATION STANDING COMMITTEE
14.3.1 Public Boat Launch – Dartmouth Shoreline [PDF]
Motion:
That Halifax Regional Council direct staff to incorporate public boat launch opportunities into planning considerations of future private or public land developments along the Dartmouth ocean shore.
14.3.2 First Reading, Proposed By-law T-1001, Amendments to By-law T-1000, Respecting Taxis, Accessible Taxis and Limousines and Administrative Order 39, Respecting Taxis & Limousines Regulation [PDF]
Motion:
That Halifax Regional Council:
Give First Reading to proposed By-Law T-1001, which includes amendments to By-law T-1000, Respecting the Regulation of Taxis, Accessible Taxis and Limousines, as set out in the Appendix B of the staff report dated December 22, 2015.
14.3.3 Mitigation of Development and Construction Impacts [PDF]
Motion:
That Halifax Regional Council direct staff to:
1. Develop Construction Mitigation Guidelines, as well as appropriate by-law provisions necessary to implement the guidelines;
2. Amend By-Law S-300, the Streets By-Law to include clear definitions of “Applicant” and “Contractor” as well as improved enforcement provisions, as outlined in the staff report dated January 7, 2016;
3. Develop for possible inclusion in the Administrative Order a policy that outlines binding notification timeline requirements and a standard process for notification of abutting property owners and other stakeholders regarding construction related full and partial temporary street closures; and
4. Report back to the Transportation Standing Committee no later than the May 26, 2016 meeting.
14.3.4 Vending By-law Types of Goods and Permit Fee Structure [PDF]
Motion:
That Halifax Regional Council direct that no amendments be made to the By-law C-501 Respecting Vending on Municipal Lands as it Pertains to the types of goods that may be sold on municipal lands; and that no amendments to made to Administrative Order 15 Respecting License, Permit And Processing Fees as it pertains to the license fee structure.
14.4 MEMBERS OF COUNCIL
14.4.1 Councillor Rankin – Effects of a Medical Marijuana Cultivation Operation on Neighboring Property [PDF]
Motion:
That Regional Council give consideration and request a staff report on the adequacy of by-laws and regulations Federally, Provincially or Municipality that deals with regulations to address the operation of a medical marijuana cultivation operation and its effect on a neighbouring property. How such operations can adversely affect the health of one’s neighbours, Moreover, is there recognition that the cumulative and/or the persistence of wayward effluents/malodours constitute adverse quality of life in the enjoyment of the receiving neighbour's property.
15. MOTIONS
15.1 Councillor Mason
That Halifax Regional Council request a staff report regarding a possible one time capital contribution to the Army Museum for $75,000 in matching funds, contingent on successful fundraising from Federal and/or Provincial sources. [PDF]
15.2 Deputy Mayor Whitman
That Halifax Regional Council request a staff report on the creation of a red tape reduction strategy for Halifax Regional Municipality. The report is to include consideration of a broad strategy inclusive of public engagement, stakeholder consultation to define red tape, best practices for its reduction, and an accountability framework inclusive of cost reductions and process enhancements
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 In Camera (In Private) Minutes – January 12, 2016
Motion:
That the In Camera (In Private) minutes of January 12, 2016 be approved as circulated.
16.2 Contract Negotiations
A matter pertaining to contract negotiations and legal advice.
16.2.1 Award - Sole Source SAP Environment, Health and Safety Management Software – Execution of an “Affiliate Use Agreement” – Private and Confidential Report
Motion:
That Halifax Regional Council:
1. Approve the sole source procurement of software licenses from the Province of Nova Scotia for SAP’s Environment, Health and Safety Management software for a five year term at a cost of $166,858 (net HST included) with funding from Project No. CI990010 – Health and Safety Incident Reporting with an annual expenditure for software maintenance of $36,709 (net HST included) from Operating Account A732;
2. Approve the Affiliate Use Agreement between the Halifax Regional Municipality, SAP Canada Inc. and the Province of Nova Scotia, as set out in Attachment B of the private and confidential staff report dated January 4, 2016;
3. Direct the Chief Administrative Officer to execute the Affiliate Use Agreement, on behalf of the Halifax Regional Municipality; and
4. Not release the private and confidential staff report dated January 4, 2016 to the public.
16.3 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
16.3.1 Property Disposal – 3182 Highway No. 2, Fall River – 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 Civic No. 3182, Highway No. 2 Fall River (PID No. 00507442 and 41426347), as per the terms and conditions outlined in Table 1 of the private and confidential staff report dated January 18, 2016; and
2. That the private and confidential staff report dated January 18, 2016 not be released until the transaction has closed.
16.4 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
16.4.1 Citizen Appointment to Regional Watersheds Advisory Board – Private and Confidential Report
Motion:
That Halifax Regional Council:
1. Approve the appointment to the Regional Watersheds Advisory Board as set out in the Discussion Section of the February 10, 2016 private and confidential report from the Environment and Sustainability Standing Committee.
2. Release the names of the appointment to the Regional Watersheds Advisory Board following Council’s decision and notification of successful candidate.
16.4.2 Citizen Appointments to Boards and Committees – Private and Confidential Report
Motion:
That Halifax Regional Council:
1. Approve the appointment to the Community Monitoring Committee as set out in the discussion section of the February 10, 2016 private and confidential report from the Executive Standing Committee.
2. Release the name of the appointment to the Community Monitoring Committee following Council’s decision and notification of the successful candidate.
3. Approve the nomination to the Halifax International Airport Authority Board as set out in the Discussion Section of the February 10, 2016 private and confidential report from the Executive Standing Committee.
Private and Confidential Information Item
1. Private and Confidential In Camera 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
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
16.5 Personnel Matter
A matter pertaining to an identifiable individual or group.
18. NOTICES OF MOTION
19. ADJOURNMENT
INFORMATION ITEMS
February 16, 2016
1. Proclamation – African Heritage Month – February 2016 [PDF]
2. Proclamation – Eating Disorder Awareness Week – February 1st - 7th 2016 [PDF]
4. Proclamation – Kin Canada – February 14th – 20th, 2016 [PDF]