January 14, 2020 Halifax Regional Council

Date:

Time: 10:00 a.m., Reconvene 6:00 p.m.

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

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. CONSENT AGENDA*
Motion:

That Halifax Regional Council adopt the following items: 15.1.4, 15.1.5, 15.2.1 and 15.4.1

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 – December 3, 2019
10.1
Gorsebrook Park - Park Plan [PDF]
Motion:
That Halifax Regional Council adopt the Gorsebrook Park Planning Report as a guiding document for future improvements to Gorsebrook Park.

11. NOTICES OF TABLED MATTERS – NONE

12. HEARINGS   
APPEAL HEARING – 1:00 P.M.
12.1
Appeal of the Decision of the Design Review Committee for Case 22511 – Substantive Site Plan Approval for 1144, 1148, and 1150 Barrington Street, Halifax
- Report [PDF]
- Staff Presentation [PDF]
- Applicant Presentation [PDF]
Motion:
In accordance with Administrative Order One, the following motion shall be placed on the floor:
That the appeal be allowed.
 
If Halifax Regional Council allows the appeal it will result in approval of the Substantive Site Plan Approval Application.
If Halifax Regional Council denies the appeal it will result in refusal of the Substantive Site Plan Approval Application. 
 

PUBLIC HEARING – 6:00 P.M.
Public Hearings - Frequently Asked Questions
 
12.2 Case 21730 - Request to amend the Halifax Municipal Planning Strategy (MPS) and Land Use By-law (LUB) for 205 Bedford Highway, Halifax
- Report [PDF]
- Staff Presentation [PDF]
- Applicant Presentation [PDF]
Motion: 
That Halifax Regional Council adopt the proposed amendments to the Halifax Municipal Planning Strategy (MPS) and the Halifax Mainland Land Use By-law (LUB), to permit an eight-storey mixed-use building at 205 Bedford Highway, by development agreement, subject to a minimum of 18 units of affordable housing dwelling units being provided via incentive or bonus zoning, as set out in revised Attachment 1 of the Community Council report dated December 3, 2019 and Attachment B of the staff report dated October 25, 2019.

12.3 Case H00446 – Old South Suburb Heritage Conservation District Plan, By-law, and Amendments to the Downtown Halifax Secondary Municipal Planning Strategy and Land Use By-law
i) Staff supplementary report dated December 3, 2019 [PDF]
ii) Community Planning and Economic Development Standing Committee report dated November 21, 2019 [PDF]
iii) Design Review Committee report dated November 22, 2019 [PDF]
iv) Heritage Advisory Committee report dated October 25, 2019 [PDF]
v) Staff report dated September 25, 2019 [Large 16 Mb PDF]
- Presentation [PDF]
Motion:
That Halifax Regional Council adopt the:
1. Old South Suburb Heritage Conservation District Plan and the Old South Suburb Heritage Conservation District By-law H-800 as contained in Attachments A and B of the staff report dated September 25, 2019, with the following amendments:
a. Delete terms “Foreign Protestant” on page 5 of the Old South Suburb Heritage Conservation District Plan and replace with the terms “primarily German-speaking” and “German-speaking”, as set out in Attachment A of the supplementary staff report dated December 3, 2019;
b. Delete Map 1, Heritage Resources, of the Old South Suburb Heritage Conservation District Plan and replace with Map 1, Heritage Resources, contained in Attachment B of the supplementary staff report dated December 3, 2019;
c. Delete heritage property inventory sheets for 1144 Barrington Street, 1146-48 Barrington Street and 1150 Barrington Street in the Old South Suburb Heritage Conservation District Plan and replace with heritage property inventory sheets for 1144 Barrington Street, 1146-48 Barrington Street and 1150 Barrington Street, contained in Attachment C of the supplementary staff report dated December 3, 2019; and
d. Delete Schedule A, Heritage Resources, of the Old South Suburb Heritage Conservation District By-law H-800 and replace with Schedule A, Heritage Resources, contained in Attachment D of the supplementary staff report dated December 3, 2019.
2. amendments to the Downtown Halifax Municipal Planning Strategy and the amendments to the Downtown Halifax Land Use By-law as contained in Attachments C and D of the staff report dated September 25, 2019, with the following amendments:
a. Delete Schedule E, Map 7.5, Old South Suburb Heritage Resources, contained in Attachment C of the staff report dated September 25, 2019 and replace with Schedule E, Map 7.5, Old South Suburb Heritage Resources, contained in Attachment E of the supplementary staff report dated December 3, 2019; and
b. Delete Attachment D, amendments to the Downtown Halifax Land Use By-law, contained in the staff report dated September 25, 2019 and replace with Attachment D, amendments to the Downtown Halifax Land Use By-law, contained in Attachment F of the supplementary staff report dated December 3, 2019.
 

13. CORRESPONDENCE, PETITIONS & DELEGATIONS
13.1 Correspondence 
13.2 Petitions

14. INFORMATION ITEMS BROUGHT FORWARD – December 10, 2019
14.1
Councillor Zurawski - Climate Action Plan Update
- Report [Large 12 Mb PDF]
- Presentation [PDF]
  
15. REPORTS
15.1 CHIEF ADMINISTRATIVE OFFICER
15.1.1
Eastern Passage Weekly Collection of Recyclables [PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer to include sufficient funding in the 2021/2022 budget cycle such that the residential recycling collection frequency can be increased from every second week to weekly for the Eastern Passage Area, including Cow Bay, to be implemented for the next Collection Request for Proposal (RFP) commencing on July 1, 2021. 

15.1.2 Proposed Amendments to Administrative Order 1, The Procedures of the Council Administrative Order, Administrative Order 2017-005-GOV, Respecting the Advisory Committee on Accessibility in the Halifax Regional Municipality and Regional Watersheds Advisory Board Terms of Reference - The Adoption Process for the Centre Plan (Package B)  [PDF]
Motion:
That Halifax Regional Council adopt amendments to:
a) The Regional Watersheds Advisory Board Terms of Reference, as set out in Attachment B of the staff report dated October 31, 2019; 
b) Schedules 5 and 6 of Administrative Order 1, The Procedures of the Council Administrative Order, respecting the Environment and Sustainability Standing Committee, and the Executive Standing Committee, as set out in Attachment D of the staff report dated October 31, 2019; and
c) Administrative Order 2017-005-GOV, the Advisory Committee on Accessibility Administrative Order, as set out in Attachment F of the staff report dated October 31, 2019.

15.1.3 Second Reading Proposed By-law S-448, and Amendment to By-law S-400, Respecting Charges for Street Improvements
i) Supplementary staff report dated November 28, 2019 [PDF]
ii) Staff recommendation report dated September 20, 2019 [PDF]
Motion:
That Halifax Regional Council:
1. Approve the Local Improvement Charges as outlined in Table 1 to the staff report dated September 20, 2019; and,
2. Adopt revised By-law S-448, amending By-law S-400, the Street Improvement By-law, as set out in Attachment 1 of the supplementary staff report dated November 28, 2019.

15.1.4 Scotiabank Centre (SBC) Management Agreement* [PDF]
Motion:
That Halifax Regional Council:
1. Authorize the Mayor and Municipal Clerk to execute the Management Agreement with the Halifax Convention Centre Corporation carrying on business as Events East Group, which shall be substantially of the same form as set out in Attachment 1 of the staff report dated November 15, 2019, for the continued management of the Scotiabank Centre; and 
2. Authorize the Chief Administrative Officer to execute any renewals of the Management Agreement. 

15.1.5 Amended and Reinstated Award – RFP No. 19-156 – Design-Build Fire Station No. 62 Williamswood - REVISED [PDF]
Motion:
That Halifax Regional Council award Request for Proposal (RFP) No. 19-156, Design-Build Fire Station No. 62 Williamswood to the highest scoring proponent, Bird Construction Group, at a cost of $4,551,041 (net HST included), with funding from Project No. CB000079 – Sambro/Harrietsfield Fire Station, as outlined in the Financial Implications section of the revised report dated January 14, 2020.

15.1.6 Policing Resource Review
- Report [PDF]
- Presentation [PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer to accept and implement the recommendations from the Police Service Review with the exceptions of: 1, 2, 20.
 

15.2 EXECUTIVE STANDING COMMITTEE
15.2.1
Women’s Advisory Committee – Establish a Staff Board*  [PDF]
Motion:
That Halifax Regional Council establish a staff board, pursuant to Section 6.2 of the Public Appointment Policy, consisting of the Managing Director of Diversity and Inclusion, Advisor from Diversity and Inclusion, a representative from the Municipal Clerk’s Office, and the Chief Administrative Officer or their designate, to review applications to the Women’s Advisory Committee, and disclose to the Executive Standing Committee any relevant evaluations or references that may have been conducted. 
 

15.3 TRANSPORTATION STANDING COMMITTEE
15.3.1
Vehicle for Hire Licensing Program Review – Regulating Brokers and Transportation Network Companies [PDF]
i) Supplementary staff report dated December 17, 2019 [PDF]
- Presentation [PDF]
Motion: 
That Halifax Regional Council:
1. Direct the Chief Administrative Officer to prepare amendments to By-law T-1000 and Administrative Order 39, to regulate Transportation Networking Companies and introduce a new licensing requirement for brokers as set out in the Discussion section of the supplementary staff report dated December 17, 2019, for Council’s consideration; and
2. Direct the Mayor write a letter to the Province to request the required amendments to the Motor Vehicle Act to enable the Municipality to charge Transportation Network Companies a per-trip fee and request the Province allow Transportation Network Companies’ drivers and taxi drivers to drive on a Class 5 license.
 

15.4 NORTH WEST COMMUNITY COUNCIL
15.4.1
Hammonds Plains Common Area Rate Request – Highland Park Rate Payer’s Association* [PDF]
Motion:
That Halifax Regional Council:
1. Authorize a one-time contribution of $25,000 from the Hammonds Plains Area Rate surplus to the Highland Park Rate Payer’s Association to complete the development of Timberlane Terrace Park; and
2. Authorize an additional one-time contribution of $25,000 from the Hammond Plains Area Rate surplus to the Highland Park Rate Payer’s Association for capital improvements to the Grant Line Trail.
 

15.5 MEMBERS OF COUNCIL
15.5.1
Councillor Cleary – Amendments to Administrative Order 1 (AO1) [PDF]
Motion:
That Halifax Regional Council request a staff report for an amendment to Administrative Order 1, the Procedure of the Council, section 59(1) to include Community Councils. 

15.5.2 Councillor Austin - Heritage Registration Dartmouth Post Office [PDF]
Motion:
That Halifax Regional Council request a staff report examining the potential for including the Dartmouth Post Office, PID 00108043, in the Registry of Heritage Properties for the Halifax Regional Municipality. The report should be referred to the Heritage Advisory Committee for evaluation.

15.5.3 Councillor Hendsbee – Floating Homes Letter to the Province of Nova Scotia  [PDF]
Motion:
That Halifax Regional Council request the Mayor send an official letter to the Minister of Nova Scotia Municipal Affairs & Housing to request an immediate moratorium on Floating Homes in order for the Halifax Regional Municipality and other municipalities to get the legislative authority and regulations in place to deal with the pending phenomenon. 
 

16. MOTIONS
16.1 Councillor Whitman
Motion:

That Regional Council direct the Chief Administrative Officer to prepare a staff report that responds to the requests by the St. Margaret’s Bay Area Rails to Trails Association and the BLT Rails to Trails Association that Halifax Regional Municipality takes responsibility for the operation and maintenance for the segments of active transportation multi-use pathway currently under their responsibility. The report should consider options such as HRM assuming ownership of the facilities or a Letter of Authority from the Province and consider factors such as the Provincial government position, cost, enforcement, permitted uses and other considerations to help understand the implications for the sustainability of these facilities and for Municipal responsibilities. 

16.2 Councillor Cleary [PDF]
Motion:
That Halifax Regional Council request a staff report on developing a policy for a “cooling off” period for elected and senior officials, as public office holders. This report should include a jurisdictional scan of best practices in Canadian municipal, provincial, and federal governments, an analysis of potential benefits and challenges, and a recommendation for an appropriate length of time that public office holders should wait before accepting positions from businesses that do business with the municipality or submit applications for development, especially ones that they had direct and significant dealings during their time as a public office holder. 
 

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 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 recommendation as outlined in the private and confidential staff report dated December 2, 2019; and
2. Not release the private and confidential staff report dated December 2, 2019 to the public until the transaction has closed.

17.2 PERSONNEL MATTER – Private and Confidential Report 
Citizen and Councillor appointments to boards and committees in keeping with the Public Appointment Policy adopted by Regional Council in August 2011
Motion: 
That Halifax Regional Council:
1. Adopt the recommendations as outlined in the private and confidential report dated January 7, 2020; and
2. Not release the private and confidential report dated January 7, 2020 to the public. 

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 recommendation as outlined in the private and confidential staff report dated November 6, 2019; and
2. Not release the private and confidential staff report dated November 6, 2019 to the public.

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 staff report dated November 1, 2019; and
2. Not release the private and confidential staff report dated November 1, 2019 to the public.

Private and Confidential Information Items
1. Private and Confidential In Camera (In Private) Information Report - re: Public Security Matter
-Declassified Attachment [PDF]
 

18. ADDED ITEMS

Additions:

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:

17.5 PROPERTY MATTER – Private and Confidential Report [PDF]
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 recommendation as outlined in the private and confidential staff report dated January 9, 2020; and
2. Not release the private and confidential staff report dated January 9, 2020 to the public.

18.1 Councillor Smith - 5534 to 5558 Bilby Street and 2819 to 2827 Isleville Street, Halifax [PDF]
Motion:
1. That Halifax Regional Council waive notice of motion in accordance with Administrative  Order 1.
Two-thirds of members present and voting is required to waive notice of motion prior to considering the following:

2. Notwithstanding Regional Council’s June 25, 2019 motion directing the Chief Administrative Officer to not accept requests for site-specific amendments to the Municipal Planning Strategies in Centre Plan Package B areas while the planning process to adopt Package B is underway, Regional Council directs the Chief Administrative Officer to:
a) initiate a process to consider amendments to applicable Municipal Planning Strategies and Land Use By-laws for 5534 to 5558 Bilby Street and 2819 to 2827 Isleville Street, Halifax. The process will consider amendments that would allow the 7 storey mixed-use development permitted within the Development Agreement originally approved by West Community Council in Case 17511, and subsequently amended by Halifax and West Community Council in Case 20326; and
b) request staff to implement a public participation plan using community mail outs to the notification area.
Two-thirds of members present and voting is required to adopt this motion.

18.2 GRANTS COMMITTEE - Volunteer Search and Rescue Grants Program – Recommended Awards Fiscal Year 2019-2020 [PDF]
Motion:
That Halifax Regional Council approve:
1. The awards of four (4) Operating Grants as described in the Discussion section of the staff report dated July 25, 2019 for a total of $128,921;
2. A Capital Grant in the amount of $2,334 to the Eastern Shore Ground Search and Rescue Team; and
3. A conditional capital grant in the amount of $10,045 to the Musquodoboit Valley Ground Search and Rescue Team to be held by HRM pending submission of documentation demonstrating an ability to complete the purchases prior to March 31, 2020;
for a combined total cost of $141,300 from Operating Account C801-8004.

19. NOTICES OF MOTION

20. ADJOURNMENT

________________________________________
 
INFORMATION ITEMS
January 14, 2020

1. Memorandum from the Director of Legal, Municipal Clerk and External Affairs dated November 25, 2019 re: Funding for Harrietsfield Water Servicing [PDF]

2. Proclamation – Nova Scotia Crime Stoppers Awareness Month – January 2020 [PDF]

3. Memorandum from the Chair of the Transportation Standing Committee dated December 18, 2019 re: Proposed Community Operated Transit Route Porters Lake to Cole Harbour  [Large 12 Mb PDF]

4. Memorandum from the Municipal Clerk dated January 6, 2020 re: Requests for Presentation to Council - Jacqueline Kinley, Lyle Mailman and Stefano Hollands [PDF]