VICTORIA COUNTY MUNICIPAL COUNCIL
ANNUAL SESSION
August 20, 2001
The Annual Session of Victoria County Municipal Council
was held at the Court House, Baddeck, on Monday, August 20, 2001, beginning
at 2:00 p.m. with Warden Gerald Sampson in the Chair.
Present were:
District #1 – Dan E. MacNeil
District #2 – Shane Toms
District #3 – Bruce Morrison, Deputy Warden
District #4 – John Graham MacInnes
District #5 – Gerald Sampson, Warden
District #6 – Lawrence Barron
District #7 – Wayne Budge
District #8 – Robert MacLellan
Also present were:
Brian Trask, CAO
Heather MacLean, Recording Secretary
CALL TO ORDER
Warden Sampson called the Annual Meeting to order and
welcomed those in attendance.
AGENDA/TIME TO ADJOURN
The agenda was presented for approval.
It was moved by Deputy Warden Morrison, seconded by Councillor
MacInnes, that the agenda be approved as presented. Motion carried.
It was moved by Councillor MacNeil, seconded by Councillor
Barron, that the time for adjournment be set at 5:40 p.m. Motion carried.
MINUTES/BUSINESS ARISING
The minutes of the July 9, 16 and 30, 2001, minutes of
Victoria County Municipal Council were presented for approval.
Page 2, VICTORIA COUNTY MUNICIPAL COUNCIL, August 20, 2001
A second announcement of approved infrastructure projects was made on August
16, 2001, however; the Baddeck Sewage Treatment Plant application was not
in this listing of approvals. It was indicated that Baddeck’s
application is in the final stage of a 3-stage process and the approval should
be forthcoming.
The Water Committee met on August 16, 2001, and there
were two recommendations coming from this meeting – to proceed with Phase
One of the Dingwall Water upgrading with the installation of a stainless
steel tank and to proceed to tender for a chemical storage building 13 X26
for the Neil’s Harbour/New Haven Water System.
Previously an estimate of costs for the Dingwall Water
System was received from Rawdon Technologies and Brian Trask advised that
he requested Ed Carey, Carey Geoenvironmental, to come to Council to explain
the differences in the ENG Environmental and Rawdon Technologies proposals.
Mr. Carey advised that the Department of the Environment
had been involved in discussions with regard to the Dingwall Water System
at which time the DAF (Dissolved Air Floatation) system was considered for
this system. The two other types of systems are the coagulation chemical
feed system and the Nano (Membrane Technology) system. He indicated
that there are pros and cons with all these systems.
It was felt that the first phase of the upgrading was
should be proceeded with and the type of technology could be determined at
a future date.
It was moved by Deputy Warden Morrison, seconded by Councillor
MacLellan, to proceed with Phase One of the Dingwall Water Upgrading using
a stainless steel well and the technology for the future phases and the chemical
storage building for the Neil’s Harbour/New Haven Water System be referred
to the Water Committee for further discussion. Motion carried.
The interviews for the Director of Development position
will be held on Friday, August 24, 2001, beginning at 10:00 a.m. Twenty-five
applications were received for this position. These applications were
reviewed and short listed to 6 candidates who will be interviewed.
It was moved by Councillor MacInnes, seconded by Councillor
MacLellan, that the minutes of the Council meetings of July 9 and 30, 2001,
be approved as presented and the July 16, 2001, minutes be approved with
the correction that Councillor Toms was in attendance. Motion carried.
Page 3, VICTORIA COUNTY MUNICIPAL COUNCIL, August 20, 2001
FINANCIAL REPORT
Courtesy of Council was extended to Dave Roach, C.A.,
and John Anderson, C.A., Roach Perry Anderson Chartered Accountants.
Mr. Roach presented the financial statements for the Municipality
of the County of Victoria for the year ended March 31, 2000. He reported
that the Municipality ended the year with an accumulated surplus of $99,163,
based on total revenues of $6,047,666 and total expenditures of $5,948,503.
Included in the total revenue is the accumulated surplus of $12,515 carried
forward from the previous year. This means that the Municipality experienced
a surplus from current year’s operations of $86,648.
A general discussion took place and the gentlemen answered
questions and concerns addressed by Council.
A letter of recommendation for 2001/2002 was read by John
Anderson. The recommendations were as follows:
1. Encourage the Municipality to continue to operate in
a fiscally responsible manner.
2. Continue aggressive collection policies for tax collection,
including a detailed review of the rate roll to identify problem accounts
and continue to schedule regular tax sales.
3. Recommend that the interfund balances/reserve funding
be repaid to the respective funds during the current year.
4. Recommend that landfill closure costs be estimated by
reviewing the provincial Department of Environment guidelines developed for
this purpose and that steps be undertaken to initiate funding for these costs
through the Capital Reserve Fund as required by municipal accounting guidelines.
It was moved by Councillor Barron, seconded by Councillor MacInnes, that
the external auditors report, financial statements and management letter
and recommendations be accepted as presented. Motion carried.
It was moved by Councillor MacInnes, seconded by Councillor
Budge, that Roach Perry Anderson Chartered Accountants be appointed Municipal
Auditors for the duration of the expiry of this term of Council – a 3-year
period. Motion carried.
Page 4, VICTORIA COUNTY MUNICIPAL COUNCIL, August 20, 2001
Warden Sampson extended a vote of thanks to Mr. Roach and Mr. Anderson for
their report.
It was moved by Councillor MacInnes, seconded by Councillor
Toms, that Administration and Staff be commended for a job well done with
regard to the County’s finances during the past year. Motion carried.
RECESS
Warden Sampson announced that Council would recess for
10 minutes.
BUDGET
Brian Trask presented the budget for 2000/2001, showing
proposed tax rates of $1.27 residential and $2.14 commercial – the same rates
as last year. On the auditor’s recommendation, he requested a date
for the next regular tax sale.
It was moved by Councillor Toms, seconded by Deputy Warden Morrison, that
the date for the next tax sale be set for November 30, 2001. Motion
carried.
Brian Trask advised that he had included $2,000 in the budget for each school
in the County to be used for recreation for children, to keep in line with
Council’s desire to get back into the recreation aspect for children.
Mr. Trask advised that a letter would be forwarded to every organization
that requested funding outlining the restrictions placed on Municipality’s
with regard to funding as contained in the Municipal Government Act.
Deputy Warden Morrison advised that the Baddeck Playground Committee in their
original application did not properly fill out the form and he made notice
of motion that he would be requesting approval for $2,500 for the Baddeck
Playground Committee from the recreation budget at the next meeting.
Discussion took place on funding to fire departments and this is to be dealt
with through the Chief Officers Committee.
It was moved by Councillor MacInnes, seconded by Councillor
Barron, that the 2001/2002 budget be approved and the tax rates for 2001/2002
be $1.27 residential and $2.14 commercial. Motion carried.
Discussion took place on the Ingonish Beach Water and
Councillor Barron presented a notice of motion that he would be requesting
at the next meeting that $80,000 be allocated from the reserve for the Ingonish
Beach Water.
Page 5, VICTORIA COUNTY MUNICIPAL COUNCIL, August 20, 2001
Councillor MacNeil presented a notice of motion that he
would be requesting approval of $7,000 for the Ottawa Brook Water Committee
for drilling and pump testing a well.
It was moved by Councillor MacNeil, seconded by Councillor
MacInnes, that 4 streetlights per district be district be included in the
2001/2002 budget. Motion carried.
SOLICITOR PICKUP
Solicitor Pickup was in attendance at the Warden’s request
to explain the County’s responsibility, if any, with regard to due diligence
with regard to the proposed Seal Island Bridge closure.
Solicitor Pickup advised that the Municipality has no
jurisdiction over the provincial roadway and as long as the Municipality
is aware of the plans and has made alternate arrangements with regard to
emergency measures, this is sufficient.
The possibility of outlining the County’s concerns with
regard to this matter was discussed.
It was moved by Deputy Warden Morrison, seconded by Councillor
Toms, that the EMO Coordinator provide information to be outlined in a letter
to the Department of Transportation expressing the County’s concerns with
regard to the proposed closure of the Seal Island Bridge. Motion carried.
Deputy Warden Morrison brought up the topic of a contract
between the Municipality and the Village of Baddeck with regard to the Baddeck
Sewers.
It was moved by Deputy Warden Morrison, seconded by Councillor
MacLellan, that the Solicitor be authorized to initiate with the Village
Solicitor, Dan Chaisson, the terms of a contract between the Village of Baddeck
and the Municipality with regard to the Baddeck Sewers. Motion carried.
RECESS
Warden Sampson advised that Council would recess for 10
minutes.
SOLID WASTE CONTRACT
Tenders were received for a four-year contract for solid
waste collection and haulage of solid waste from the Cape North Transfer
Station to the Baddeck Landfill. Brian Trask advised that three tenders
were received. The tenders were opened and were as follows:
Page 6, VICTORIA COUNTY MUNICIPAL COUNCIL, August 20, 2001
1. JVS Trucking Ltd. – Required deposit equal to 5% of
the tendered contract price enclosed - $700,000 plus HST - $805,000.00
2. Kilkare Transport Ltd. – Required deposit equal to 5%
of the tendered contract price enclosed - $844,631.64 HST included
3. Tri-Can Containers Ltd. – Required deposit equal to
5% of the tendered contract price enclosed - $1,056,261.20 HST included
Prior to a contract being awarded the CAO and Solicitor will review all the
documentation to ensure everything is in order.
It was moved by Councillor Barron, seconded by Councillor MacLellan, that
the three submitted tenders be received and the Solicitor and CAO review
and verify the documentation and report back to the next Council meeting.
Motion carried.
NEW BUSINESS
District #1
It was moved by Councillor MacNeil, seconded by Councillor
MacLellan, that $400 be approved for the Iona Boy and Girl Scouts from the
District #1 budget. Motion carried.
District #2
Councillor Toms questioned whether approval is to be received from all residents
who own property on the road when a road name change is requested.
He was advised that applications submitted in the past required 100% approval
from all residents owning property on a roadway.
District #3
It was moved by Deputy Warden Morrison, seconded by Councillor
MacInnes, that $125 be approved from each of the District #1, #2, #3 and
#4 budgets for Baddeck & Area Minor Hockey Society. Motion carried.
It was moved by Councillor Toms, seconded by Deputy Warden
Morrison, that provided funds are available, $125 be approved from each of
the District #1, #2, #3 and #4 budgets for the Baddeck Silver Bullets Speedskating
Club. Motion carried.
Page 7, VICTORIA COUNTY MUNICIPAL COUNCIL, August 20, 2001
Deputy Warden Morrison indicated that at the previous
meeting approval was received to make an offer of $2,500 to a resident for
an easement over their property for the purpose of installing a sewer line.
He indicated that this offer is to be reduced to $2,000.
It was moved by Deputy Warden Morrison, seconded by Councillor
MacInnes, that an offer of $2,000 for the required easement be approved.
Motion carried.
It was moved by Deputy Warden Morrison, seconded by Councillor
Toms, that a detailed report of total expenses incurred by each individual
Councillor be made available to the Corporate Services Committee. Motion
carried.
District #4
It was moved by Councillor MacInnes, seconded by Councillor
MacLellan, that $200 be approved for the North Shore War Memorial from the
District #4 budget. Motion carried.
District #7
It was moved by Councillor Budge, seconded by Councillor
MacInnes, that $200 be approved for the Neil’s Harbour/New Haven Fire Ladies
Auxiliary for the Linger By The Sea Festival from the District #7 budget.
Motion carried.
It was moved by Councillor Budge, seconded by Councillor
Barron, that a letter be forwarded to the Department of Transportation requesting
that they investigate two problem areas in New Haven where the road is eroding
due to the sea and armour stone is required and outlining a problem with
regard to a culvert in the area close to St. Andrews Rectory in Neil’s Harbour
and request that this problem be corrected. Motion carried.
Councillor Budge indicated that he noticed where Council
had provided funding for war memorials in other areas and he indicated that
he would be submitting a request for one in his area.
District #6
It was moved by Councillor Barron, seconded by Councillor
MacLellan, that up to a maximum of $500 be approved for Ingonish Home Hardware
for the location of a bus shelter in the Creek area of Ingonish Beach.
Motion carried.
Page 8, VICTORIA COUNTY MUNICIPAL COUNCIL, August 20, 2001
District #4
It was moved by Councillor MacInnes, seconded by Deputy
Warden Morrison, that a list be compiled by the EMO Coordinator of all those
involved in fighting the forest fire at Wreck Cove and a letter or certificate
of appreciation be forwarded and a list of those involved be also published
in The Victoria Standard. Motion carried.
District #5
Sgt. Pembroke of the Ingonish Beach Detachment is being
transferred and discussion took place on the staffing of this detachment.
It was moved by Councillor Barron, seconded by Councillor
Budge, that a letter be forwarded to Superintendent Dwight Bishop requesting
that the status quo be maintained for the Ingonish Beach RCMP Detachment.
Motion carried.
Warden Sampson reported on a favourable meeting he attended
with the Unimaki Environmental Committee concerning the remediation of the
Bras d’Or Lakes.
Warden Sampson advised that himself and Brian Trask would
be guests on Talk Back on CHER Radio on August 28, 2001.
Discussion took place on the services provided by the
Salvation Army during the forest fire at Wreck Cove.
It was moved by Deputy Warden Morrison, seconded by Councillor
MacNeil, that a propane travel stove, equipped with regulator and tank, be
approved for the Salvation Army. Motion carried.
Warden Sampson brought up the problem he had with dogs
in the Boularderie area. It was suggested that Hansel McEvoy, Dog Controller,
be requested to come into District #5 and make his presence known in the
community. He is to stay in the area for a period of time to
handle the dog problems in the area.
Discussion took place on county pins and crests.
It was moved by Councillor MacInnes, seconded by Deputy
Warden Morrison, that 1,000 county pins and 100 county crests be ordered.
Motion carried.
Each Councillor is to be provided with 100 county pins,
and the remaining 200 are to be retained at the County office.
Page 9, VICTORIA COUNTY MUNICIPAL COUNCIL, August 20,
2001
Warden Sampson indicated that he was approached by a gentlemen concerning
the reassessment of waterfront properties and whether the Municipality could
do anything in this regard. A letter was previously forwarded to Service
Nova Scotia and Municipal Relations in regard to this topic.
Warden Sampson advised that he was contacted by a resident
of the Port Bevis Road concerning a sign for this roadway. This matter
is to be investigated with the Department of Transportation to determine
the location of the road and whether it is a listed roadway.
It was moved by Warden Sampson, seconded by Councillor
MacInnes, that a letter be forwarded to Superintendent Dwight Bishop, RCMP,
requesting that a phone be installed in the Community Policing Office located
in the Boularderie School. Motion carried.
Warden Sampson read a letter from R. J. MacNeil concerning
eco-tourism in Cape Breton.
It was moved by Councillor MacNeil, seconded by Councillor
MacLellan, that R. J. MacNeil’s letter be referred to Tim Lambert, Biologist,
for his review. Motion carried.
District #2
Councillor Toms expressed concern regarding the western
entrance to Baddeck at Exit 8 adjacent to the Irving Service Station.
There is a problem with traffic entering the No Exit area at this intersection
and it is a matter of time before an accident occurs.
It was moved by Councillor Toms, seconded by Deputy Warden
Morrison, that a letter be forwarded to the Department of Transportation
requesting that they investigate and come up with recommendations as to how
to improve the western entrance to Baddeck at Exit 8 before a serious accident
occurs at this location. Motion carried.
District #8
It was moved by Councillor MacLellan, seconded by Councillor
MacInnes, that a letter be forwarded to the Department of Transportation
expressing concern on the lack of brushcutting from signage and the shoulders
of the roadways in Victoria County. Motion carried.
Page 10, VICTORIA COUNTY MUNICIPAL COUNCIL, August 20, 2001
CORRESPONDENCE
1. Letter from Kathy Gillis, Service Nova Scotia and Municipal
Relations, in reply to Council ‘s letter of July 16, 2001, regarding the
assessment of waterfront property in Victoria County.
2. Correspondence from Charles MacDonald, Department of
Transportation, advising that Council’s request for a reduction is the speed
limit on the section of the Cabot Trail at Middle River as been investigated
and the existing 80/km per hour speed limit will be retained in this area.
3. Copy of correspondence forwarded from the Rural Cape
Breton District Planning Commission to the Honourable Jamie Muir, Minister
Responsible for the Emergency Measures Act, concerning the E-911 service.
It was moved by Deputy Warden Morrison, seconded by Councillor Toms, that
a letter be forwarded to the Honourable Jamie Muir objecting to the per capita
revenue sharing formula with regard to E-911 and suggesting that the E-911
fee be based on geographic area basis. Motion carried.
It was moved by Deputy Warden Morrison, seconded by Councillor MacInnes,
that a letter be forwarded to all municipalities abutting the Bras d’Or Lakes
requesting their support in opposing proposed increases in assessment of
waterfront properties. Motion carried.
4. Letter from the Markland Coastal Resort concerning the
base rate for their water connection to the Dingwall Water Utility.
It was moved by Councillor MacInnes, seconded by Councillor Barron, that
this matter be referred to the Water Committee. Motion carried.
5. A memorandum was received from Tom Wilson updating Council
on his health status, as well as recreation and tourism matters he has been
dealing with.
IN CAMERA
Council moved to a short In Camera session.
Council returned to regular session.
Page 11, VICTORIA COUNTY MUNICIPAL COUNCIL, August 20, 2001
SOLID WASTE MANAGEMENT BY-LAW #0597
The second reading of the Solid Waste Management By-Law
#0597 was the next item on the agenda.
It was moved by Councillor MacInnes, seconded by Councillor
Toms, to approve the 2nd reading of the Solid Waste Management By-Law #0597.
Motion carried.
ADJOURN
There being no further business, on motion of Deputy Warden
Morrison, the meeting adjourned at 5:50 p.m.