August 23, 2022 Halifax Regional Council

Date:

Time: 10:00 a.m. Reconvene 6:00 p.m. if required

Location: Council Chamber, 3rd Floor City Hall, 1841 Argyle Street, Halifax

Agenda

1. CALL TO ORDER AND LAND ACKNOWLEDGEMENT

2. SPECIAL COMMUNITY ANNOUNCEMENTS & ACKNOWLEDGEMENTS

3. APPROVAL OF MINUTES – August 2 and 9, 2022

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: 15.1.2, 15.1.3, 15.1.5, 15.1.7, 15.1.8, 15.1.9, 15.1.11, 15.3.1, 15.4.1, 15.6.1, and 15.7.1

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. HERITAGE HEARING – 1:00 P.M.
12.1 Case H00516: Request to Include 144 Pleasant Street, Dartmouth in the Registry of Heritage Property for the Halifax Regional Municipality
- Report 
[PDF]
- Presentation [PDF]
Motion:
That Halifax Regional Council approve the request to include 144 Pleasant Street, Dartmouth in the Registry of Heritage Property for the Halifax Regional Municipality, as shown on Map 1 of the April 25, 2022 report, as a municipal heritage property under the Heritage Property Act.

12.2 Case H00536: Request to Include 18 Wilfred Jackson Way, Westphal, in the Registry of Heritage Property for the Halifax Regional Municipality
-Report 
[Large 19 MB PDF]
-Staff Presentation [PDF]
-Owner Presentation [PDF]
Motion:
That Halifax Regional Council approve the request to include 18 Wilfred Jackson Way, Westphal in the Registry of Heritage Property for the Halifax Regional Municipality, as shown on Map 1 of the June 15, 2022 report, as a municipal heritage area under the Heritage Property Act.

13. CORRESPONDENCE, PETITIONS & DELEGATIONS
13.1 Correspondence 
13.2 Petitions

14. INFORMATION ITEMS BROUGHT FORWARD – AUGUST 9, 2022
14.1
Deputy Mayor Lovelace – Boat Etiquette and Safety Signage at Public Boat Launches [PDF]

15. REPORTS
15.1 CHIEF ADMINISTRATIVE OFFICER
15.1.1 Second Reading Proposed By-law D-600, Respecting Development Charges for Dartmouth Cove – Dundas Street Extension 
[PDF]
Motion:
That Halifax Regional Council adopt By-law D-600, the Dartmouth Cove Development Charge By-law, as set out in Attachment A of the staff report dated June 14, 2022.  

15.1.2 Halifax Regional Centre for Education (HRCE) Supplementary Education Funding: Annual Report 2021-2022[PDF]
Motion:
That Halifax Regional Council accept the Supplementary Education Funding Agreement Annual Report for 2021-2022 from the Halifax Regional Centre for Education attached to the staff report dated July 27, 2022.

15.1.3 St. Mary’s Boat Club Facility Rehabilitation[PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer to develop a plan to repair and upgrade the St. Mary’s Boat Club for continued recreational use.

15.1.4 Proposed Amendments to Administrative Order 29, Respecting Civic Addressing Policies – Case CA135 – Street Naming, Renaming, and Retiring from February 1, 2022 to May 31, 2022 [PDF]
Motion:
That Halifax Regional Council adopt the proposed amendments to Administrative Order 29 Respecting Civic Addressing Policies as set out in Attachment A of the staff report dated June 24, 2022.

15.1.5 Increase to Contract – PO 2070812846 Consulting Services for Alderney Gate Recapitalization, Phase 2[PDF]
Motion:
That Halifax Regional Council approve an increase to the Purchase Order No. 2070812846 for changes to the contracted scope of work in the amount of $16,028.76 (net HST included), with funding from Project No. CB190007 – Alderney Gate Recapitalization as outlined in the Financial Implications section of the staff report dated July 28, 2022.

15.1.6 Proposed Amendments to Administrative Order 2018-003-ADM, Respecting Private Road Maintenance – Amendment for Unknown Ownership of Road Procedures [PDF]
Motion:
That Halifax Regional Council adopt the amendments to Administrative Order 2018-003-ADM, Respecting Private Road Maintenance, as set out in Appendix B of the staff report dated August 3, 2022.

15.1.7 Park Lighting Strategy[PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer to prepare a staff report and park lighting strategy to guide the design and implementation of walkway, facility, and decorative/placemaking lighting, pursuant to the scope of work as outlined within the staff report dated August 5, 2022.

15.1.8 Administrative Order 50 – Declaration of Surplus Real Property – Package 08.21[PDF]
Motion:
That Halifax Regional Council:

1. Declare the properties, listed in Attachments B, C, and D of the staff report dated August 8, 2022, as surplus to municipal requirements;

2. Categorize the properties as specified in Attachments B, C, and D of the staff report dated August 8, 2022, pursuant to Administrative Order 50, Respecting the Disposal of Surplus Real Property;

3. Recategorize the three properties in Attachment E of the staff report dated August 8, 2022, previously declared surplus by Regional Council as “Ordinary” to “Affordable Housing”; and

4. Revoke the surplus approval of the property in Attachment F of the staff report dated August 8, 2022.

15.1.9 Award – Request for Quotation 22-385, Supply, Collection and Transportation of Source Separated Materials[PDF]
Motion:
That Halifax Regional Council award RFQ 22-385, Supply, Collection and Transportation of Source Separated Materials to Royal Environmental Inc. for a five-year total cost of $2,264,169, net HST included.

15.1.10 Case 23663 – Incentive or Bonus Zoning Agreement – Mixed Use Development at 1138-1140 Barrington Street, Halifax [PDF]
Motion:
That Halifax Regional Council adopt and authorize the Mayor and Clerk to enter into and execute the Incentive or Bonus Zoning Agreement, as provided in Attachment B of the staff report dated August 11, 2022 for the eight-storey, mixed-use building at 1138-1140 Barrington Street, Halifax.

15.1.11 Natural Surfacing Trails of Western Common Wilderness Common[Large 11 MB PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer to insert Attachments A and C of the staff report dated August 11, 2022, as Addendums to the Western Common Wilderness Common Master Plan, to address the development and management of trails in the Western Common Wilderness Common.

15.1.12 Kearney Lake and Little Kearney Lake Management Plan [PDF]
Motion:
That Halifax Regional Council:

1. Approve in principle the proposed management plan approach for Kearney Lake and Little Kearney
Lake outlined in the staff report dated August 16, 2022.

2. Direct the Chief Administrative Officer to develop a municipal lake watershed management framework, to standardize the approach to lake management in future Lake Management Plans, as described in the staff report dated August 16, 2022.

3. Direct the Chief Administrative Officer to pursue funding for the installation of a living shoreline along Kearney Lake Road, and to refine cost estimates based on available funding.

4. Approve the installation of five floating treatment wetlands in 2023 with existing Environment & Climate Change budget for water operations.

15.1.13 Proposed Administrative Order 2021-004-GOV, Respecting the African Nova Scotian Advisory Committee, and Proposed Amendments to Administrative Order 1, Respecting the Procedures of the Council  [PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer to:

1. Adopt Administrative Order No. 2021-004-GOV, respecting the African Nova Scotian Advisory Committee in the Halifax Regional Municipality as set out in Attachment 1 of the staff report dated August 16, 2022, which will advise the Municipality on the impact of municipal policies, programs, and services on African Nova Scotians; and 

2. Adopt the proposed amendments to Administrative Order One as set out in Attachment 3 of the staff report dated August 16, 2022, to allow the newly created African Nova Scotian Advisory Committee to report to the Executive Standing Committee of Council. 

15.1.14 Case 24077: Amendments to the Halifax and Bedford Municipal Planning Strategies to Review Current and Potential Land Uses for a Parcel of Bedford Highway Properties [PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer to:

1. Initiate a process to consider amendments to the Halifax Secondary Municipal Planning Strategy, the Bedford Secondary Municipal Planning Strategy, the Halifax Mainland Land Use By-law, and the Bedford Land Use By-law to review existing land uses and consider potential changes for the Wentworth and Bedford South area along the Bedford highway including but not restricted to:

• 736 Bedford Highway;
• 740 Bedford Highway;
• 746 Bedford Highway;
• 14 Millview Avenue;
• PID 00430447; and
• PID 00360412

2. Follow the public participation program for municipal planning strategy amendments as approved by Regional Council on February 27, 1997.

15.2 COMMUNITY PLANNING AND ECONOMIC DEVELOPMENT STANDING COMMITTEE
15.2.1 Second Reading Proposed By-Law N-207, an Amendment to By-Law N-200, Respecting Noise – Construction Related Noise 
[PDF]
Motion:
That Halifax Regional Council adopt By-law N-207, as set out in Attachment B of the July 16, 2021 staff report, to change the end hours for construction noise hours to 8 p.m., Monday to Friday.

15.3 ENVIRONMENT AND SUSTAINABILITY STANDING COMMITTEE
15.3.1 Yellow Floating Heart Control - Little Albro Lake 2022
[PDF]
Motion:
That Halifax Regional Council direct the Chief Administrator Officer to:

1. End the usage of benthic mats to control the yellow floating heart in Little Albro Lake, based on the results of the testing completed in the 2021 pilot study; and 

2. Prepare and submit an application for special approval from Health Canada to use ProcellaCOR™, a selective herbicide, for a pilot study to control invasive yellow floating heart in Little Albro Lake, contingent on regulatory approval by Nova Scotia Environment & Climate Change, and Environment & Climate Change Canada, discussion with all relevant government agencies, and consultation with concerned stakeholders.

15.4 EXECUTIVE STANDING COMMITTEE
15.4.1 HRM Support for Access to Abortion Services in Canada
[PDF]
Motion:
That Halifax Regional Council request the Mayor write a letter to the Federal Minister of Health opposing any bill or motion that is intended to restrict abortion or reduce access to abortion in Canada.

15.5 TRANSPORTATION STANDING COMMITTEE
15.5.1 Second Reading Proposed By-law S-313, an Amendment to S-300, Respecting Streets, and Proposed Administrative Order 2022-006-OP, Respecting Placement of Crosswalk Flags – Crosswalk Flag Program – Testing Products and Governance 
[PDF]
Motion:
That Halifax Regional Council:

1. Adopt Administrative Order 2022-006-OP, the Placement of Crosswalk Flags Administrative
Order, as set out in Attachment 1 of the staff report dated June 3, 2022 ; and

2. Adopt By-law S-313, amending By-law S-300, the Streets By-law, as set out in Attachment 3 of
the staff report dated June 3, 2022.

15.6 AUDIT COMMITTEE
15.6.1 Year End Financial Statements & Fourth Quarter Financial Report
[PDF]
Motion:
That Halifax Regional Council approve:

1. The Consolidated Financial Statements of the Halifax Regional Municipality for the year ended March 31, 2022;

2. The Statement of General Rate Surplus of the Halifax Regional Municipality for the year ended March 31, 2022;

3. Transfers of $29,348,010 as outlined below, to reduce the general rate surplus to zero:
• Multi-District Facilities Reserve, Q546         $ 1,000,000
• Capital Fund Reserve, Q526             $ 1,761,400
• Options Reserve, Q421             $ 26,586,610

4. The financial statements of the Halifax Regional Municipality Miscellaneous Trust Funds for the year ended March 31, 2022; and,

5. That KPMG continue as the External Auditor until the tender for external audit services is awarded for fiscal year 2022/23.

6. The Fourth Quarter 2021/22 Financial Report.

7. Unbudgeted withdrawals of $14,286,610 from the Options Reserve to fund operating shortfalls and pressures in fiscal 2022/23 as laid out in Attachment 10 of the staff report dated July 8, 2022.

15.7 HERITAGE ADVISORY COMMITTEE
15.7.1 Case H00529: Request to Include 65 Tulip Street, Dartmouth, 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 65 Tulip Street, Dartmouth in the Registry of Heritage Property for the Halifax Regional Municipality, as shown on Map 1 of the July 4, 2022 staff report, as a municipal heritage property under the Heritage Property Act.

15.8 MEMBERS OF COUNCIL 
15.8.1 Councillor Austin – Vacant HRM Lot, 71 Shore Road, PID 00083071 
[PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer (CAO) to provide a staff report on turning HRM’s vacant lot at 71 Shore Road into a park, and engaging with CN to secure a public crossing to properly access the property.

15.8.2 Deputy Mayor Lovelace - Update on Region Wide Approach to Shared Housing [PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer (CAO) to prepare a staff report providing an update on the Region Wide Approach to Shared Housing within the first 18 months of the amendments being considered in effect. The report should assess the implementation of the amendments, including the impact on parking availability, explore lessons learned, and address any necessary housekeeping amendments.

15.8.3 Councillor Mancini - Fire Department Resource Planning [PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer (CAO) to provide a staff report with recommendations to ensure current and future land development is being regularly monitored and assessed for impact on fire department resources, and processes are in place to ensure land is being acquired and/or set aside so that future fire stations can be strategically placed and constructed when and where required.

15.8.4 Councillor Austin – Public Participation at Heritage Hearings [PDF]
Motion:
That Halifax Regional Council  direct the Chief Administrative Officer (CAO) to provide a staff report on allowing the general public to participate in public hearings to register, alter, or deregister heritage buildings.

16. MOTIONS

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 In Camera (In Private) Minutes – August 9, 2022
Motion: 

That the In Camera (In Private) minutes of August 9, 2022 be approved as circulated.

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 July 7, 2022; and 
2. Direct that the private and confidential report dated July 7, 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 July 29, 2022; and 
2. Direct that the private and confidential report dated July 29, 2022 be maintained private and confidential. 

17.4 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 report dated August 17, 2022; and 

2. Direct that the private and confidential report dated August 17, 2022 be maintained private and confidential. 

17.5 CONTRACT NEGOTIATIONS - Private and Confidential Report
A matter pertaining to contract negotiations and legal advice. 
Motion:
That Halifax Regional Council:

1. Adopt the recommendations as outlined in the private and confidential report dated August 17, 2022; and 

2. Direct that the private and confidential report dated August 17, 2022 be maintained private and confidential.

17.6 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 report dated August 19, 2022; and 

2. Direct that the private and confidential report dated August 19, 2022 be maintained private and confidential.

Private and Confidential Information Items

1. Private and Confidential In Camera (In Private) Information Report - re: Property Matter [PDF]

2. Private and Confidential In Camera (In Private) Information Report - re: Legal Matter

3. Private and Confidential In Camera (In Private) Information Report - re: Property Matter
 

18. ADDED ITEMS

Additions:

18.1 Councillor Stoddard – Cooling Centres in Designated Locations in HRM [PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer (CAO) to provide a staff report on the cost and effectiveness of providing cooling centres in designated locations in HRM. These cooling centres would provide some cooling comfort due to rising heat temperatures experienced, which are being influenced by global climate change.

Information Item 12 – Proclamation – Nathan MacKinnon Day – August 20, 2022 [PDF]

19. NOTICES OF MOTION

20. ADJOURNMENT
 

________________________________________ 
INFORMATION ITEMS
August 23, 2022

1. Proclamation – International Women in Cyber Day – September 1, 2022 [PDF]

2. Memorandum from the Chair of the Halifax Water Board dated August 23, 2022 re: Halifax Regional Water Commission Accountability Report [Large 12 MB PDF]

3. Proclamation – National Polycystic Kidney Disease Awareness Day – September 4, 2022 [PDF]

4. Proclamation – Living Organ Donation Week – September 11-17, 2022 [PDF]

5. Memorandum from the Chief Administrative Officer dated May 24, 2022 re: AN113 - Asset Naming Requests – Sidney Crosby & Constable Heidi Stevenson [PDF]

6. Proclamation – Arthritis Awareness Month – September 2022 [PDF]

7. Memorandum from the Chief Administrative Officer dated August 2, 2022 re: Community Area Rates Budget and Business Plans Approval Process Timeline [PDF]

8. Memorandum from the Chief Administrative Officer dated August 5, 2022 re: Annual Workforce Report 2021-22 [PDF]

9. Memorandum from the Municipal Clerk dated August 15, 2022 re: Requests for Presentation to Council – None [PDF]

10. Memorandum from the Chief Administrative Officer dated August 16, 2022 re: Commercial Tax Rebate Options and Analysis [PDF]

11. Memorandum from the Chief Administrative Officer dated July 6, 2022 re: Award of Contracts – Quarterly Report April 2022 to June 2022 [PDF]