June 19, 2018 Halifax Regional Council

Date:

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

Location: Council Chamber, City Hall

Agenda

1. CALL TO ORDER

2. SPECIAL COMMUNITY ANNOUNCEMENTS & ACKNOWLEDGEMENTS

3. APPROVAL OF MINUTES – May 22, 2018

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 – June 5, 2018
9.1 Case H00445
: Schmidtville Heritage Conservation District Plan, Bylaw, and Amendments to the Halifax Municipal Planning Strategy and the Land Use Bylaw for Halifax Peninsula
(i) Supplementary Staff Report dated May 24, 2018 [PDF]
(ii) Halifax and West Community Council report dated May 16, 2018 [PDF]
(iii) Community Planning and Economic Development Standing Committee report dated May 15, 2018 [PDF]
(iv) Heritage Advisory Committee report dated March 29, 2018 [PDF]
(v) Staff report dated March 6, 2018 [PDF - large 33Mb file]
Motion:
That Halifax Regional Council give First Reading to consider amendments to the Municipal Planning Strategy for Halifax and the Land Use By-law for Halifax Peninsula, as contained in Attachments C and D of the staff report dated March 6, 2018, and give First Reading to the Schmidtville Heritage Conservation District Plan and the Schmidtville Heritage Conservation District By-law as contained in Attachments A and B, and further schedule a joint public hearing with Halifax and West Community Council.

10. NOTICES OF TABLED MATTERS – NONE

 
11. PUBLIC HEARINGS – 6:00 P.M.
11.1 Case 20976
- Municipal Planning Strategy (MPS) and Land-Use By-law (LUB) Amendments for Civic 65 and 79 Shore Drive, and PID 40018079, Bedford
- Staff Report [PDF]
- Staff Presentation [PDF]
- Applicant Presentation [PDF]
Motion:
That Halifax Regional Council approve the proposed amendments to the Bedford Municipal Planning Strategy and Land Use By-law as set out in Attachments A and B of the staff report dated April 19, 2018. 

11.2 Case 18966 - Revised Amendments to the Halifax Municipal Planning Strategy (MPS) and the Land-Use By-law for Halifax Peninsula (LUB) for 6009 and 6017 Quinpool Road, Halifax 
- Staff Report [PDF]
- Staff Presentation [PDF]
- Applicant Presentation [PDF]
Motion:
That Halifax Regional Council approve the proposed amendments to the Halifax Municipal Planning Strategy and Land Use By-law for Halifax Peninsula as per the revised attachments A and B of the staff report dated April 25, 2018, as circulated at the May 22, 2018 meeting, regarding undergrounding of all electrical and utility wires and the number of affordable dwelling units.

Public Hearings - Frequently Asked Questions

12. CORRESPONDENCE, PETITIONS & DELEGATIONS
12.1 Correspondence 
12.2 Petitions

13. INFORMATION ITEMS BROUGHT FORWARD – NONE

14. REPORTS
14.1 CHIEF ADMINISTRATIVE OFFICER
14.1.1 Second Reading Proposed By-law U-104
, an Amendment to By-law U-100, Respecting User Charges – Department of Community Services Transit Pass Program [PDF]
Motion: 
That Halifax Regional Council adopt By-law U-104, the purpose of which is to: 
1. Amend Schedule 1 of By-law U-100, Respecting User Charges, establishing the Department of Community Services Pass, and
2. To approve annual passes as proof of payment for dependants under 12 years of age who are accompanying the annual pass holder as set out in Attachment C of the staff report dated May 7, 2018.

14.1.2 Increase to Contract, RFQ No. 13-082 Consulting Engineering Services for Herring Cove Road Retaining Wall Detailed Design [PDF]
Motion:
That Halifax Regional Council approve an increase to RFQ No. 13-082 Consulting Engineering Services for Herring Cove Road retaining wall design (Purchase Order No. 2070748006) to Allnorth Consultants Limited in the amount of $22,712 (net HST included) from Project Account CR180004 – Other Road Related Works, as outlined in the Financial Implications section of the staff report dated May 29, 2018. 

14.1.3 Weekend Closures on Argyle Street  [PDF]
Motion: 
That Halifax Regional Council: 
1. Direct staff to permit the routine non-special event weekend closure of Argyle Street to vehicular traffic between Prince Street and Blowers Street, during July and August 2018, during the approximate time period of Noon on Friday to midnight Sunday as requested by the Downtown Business Commission; and,
2. Direct staff to require the Downtown Business Commission, at their own expense, to collect data on the number of closures, degree of activity, opinions of visitors, business and property owners, any issues or concerns, and submit a report to Regional Council before May 2019.
3. Direct staff to provide no less than 21 days notice before the date of the first closure to all properties abutting the street closure.     

14.1.4 Case 21336 – Amendments to the Halifax Municipal Planning Strategy (MPS) and Halifax Mainland Land-Use By-law (LUB) to enable multi-unit residential development on a portion of 29 McFatridge Road, Halifax [PDF - large 11Mb file]
Motion:
That Halifax Regional Council: 
1. Initiate a process to consider amendments to the Municipal Planning Strategy for Halifax and the Land Use By-law for Halifax Mainland, to re-designate lands at 29 McFatridge Road in Halifax (fronting Joseph Howe Drive), to allow for multi-unit residential development, which is currently permitted on abutting lands; 
2. Consider amendments to the Land Use By-law for Halifax Mainland to reduce parking requirements for the C-2C Zone. 
3. Follow the public participation program for Municipal Planning Strategy amendments that was adopted by Regional Council on February 25, 1997.

14.1.5 17-378 Award of Request For Proposal - Supply of up to Forty (40) Para-Transit Buses [PDF]
Motion:
That Halifax Regional Council: 
1. Award Request For Proposal (RFP) no. P17-378 “Supply of up to 40 Para-Transit Buses” to the highest scoring proponent, Crestline Coach for a total value of $3,913,209 (net HST included) over a three-year period. 
2. Authorize the purchase of six (6) Para-Transit expansion vehicles for fiscal year 2018/2019, for a total price of $581,459 (net HST included) with funding from CM180002 (Access-A-Bus Expansion) as outlined in the Financial Implications section of the staff report dated March 26, 2018. 
3. Authorize the purchase of three (3) Para-Transit replacement vehicles for fiscal year 2018/2019, for a total price of $290,730 (net HST included) with funding from CVD00430 (Access-A-Bus Replacement) as outlined in the Financial Implications section of the staff report dated March 26, 2018. 

14.1.6 Area Rate Review [PDF]
Motion: 
That Halifax Regional Council:
1. Direct staff, in consultation with community associations, to update and combine the current Recreation Area Rate Policy and Interim Area Rates Guidelines into policy as outlined in the discussion section of the staff report dated February 12, 2018 under the heading the New Area Rate Administrative Order for 2019-2020 and return to Council for consideration of the resulting policy;
2. Approve in Principal the Capital Projects (Area Rate Associations) for 2019-20 and 2020-21 listed in Attachment C of the staff report dated February 12, 2018;
3. Approve the Area Rates listed in Attachment A of the staff report dated February 12, 2018 that are located under the heading “Recommended Tax Rates for 2018-19”;
4. Approve the Musquodoboit Harbour Common Rate and direct staff to provide notice that there is one year for a community group to establish itself and to undertake public consultations for the continuance of this rate, and, if this consultation does not occur, this area rate will not be renewed in 2019-20;
5. Discontinue the Hammonds Plains Common Area Rate levied on each of the taxable residential and resource property assessments and direct staff to return with recommendations on the existing surplus; and, 
6. Direct staff, in consultation with community associations, to return with the area rate budgets for the remaining area rates in Attachment A of the staff report dated February 12, 2018 listed as “Requiring Budget Changes for 2018-19”, subject to those budgets excluding
a. discretionary grants provided by area rate associations other than those for events, beautification, signage or for existing facilities such as the Windsor Junction Community Centre (WJCC) and
b. funding for capital projects included in Attachment D of the staff report dated February 12, 2018. 

14.1.7 Appointment of Building Official [PDF]
Motion:
That Halifax Regional Council appoint Kristiana Brideau as a Building Official, pursuant to Section 5(2) of the Nova Scotia Building Code Act. This appointment is effective for the duration of their current conditions of employment with Halifax Regional Municipality. 

14.1.8 Soccer Nova Scotia  [PDF]
Motion:
That Halifax Regional Council:
1. Authorize the termination of the 1998 Land Lease between Halifax Regional Municipality and Soccer Nova Scotia Training Centre Inc. and Soccer Nova Scotia and authorize the Chief Administrative Officer to execute a termination agreement between the parties;
2. Authorize the Mayor and Municipal Clerk to enter a new Less than Market Value Land Lease with Soccer Nova Scotia as per the terms and conditions outlined in Table 1 of the staff report dated June 14, 2018;
3. Approve expenditures from HRM capital funds for washroom upgrades in the Soccer Nova Scotia owned indoor turf facility known as the BMO Soccer centre as outlined in the Financial Implications section of the staff report dated June 14, 2018;
4. Authorize the Chief Administrative Officer to enter a Management Agreement with Soccer Nova Scotia as per the terms and conditions outlined in Table 2 of the staff report dated June 14, 2018; and
5. Award a sole source contract (Attachment 4 of the staff report dated June 14, 2018) to Soccer Nova Scotia for turf monitoring services at the Mainland Common All-Weather Fields for a period of five (5) years at a cost of $ 411,327.33.

14.1.9 First Reading Proposed By-law P-602, an Amendment to By-law P-600, Respecting Municipal Parks 
- Staff Report [PDF]
- Presentation [PDF]
Motion:
That Halifax Regional Council give First Reading to By-law P-602, the purpose of which is to amend By-law P-600, Respecting Municipal Parks, as set out in Attachment 2 of the staff report dated June 14, 2018.
 
14.1.10 First Reading Proposed By-Law N-303, an Amendment to By-law N-300, Respecting Nuisances - Municipal Framework for Legalizing Cannabis - REVISED
- Staff Report[PDF]
- Presentation [PDF]
Motion:
That Halifax Regional Council adopt By-law N-303, amending By-law N-300, the Nuisance By-law, as set out in Attachment 2 of the staff report dated May 25, 2018.

14.2 HALIFAX AND WEST COMMUNITY COUNCIL
14.2.1 Case 19514
: Amendments to the Halifax Municipal Planning Strategy (MPS) and Mainland Halifax Land Use By-law (LUB) and associated development agreements for the former Motherhouse Lands, Bedford Highway, Halifax [PDF]
Motion:
That Halifax Regional Council:
1. Give First Reading to consider the proposed amendments to the Halifax Municipal Planning Strategy (MPS) and Mainland Halifax Land Use By-law (LUB), as set out in Attachments A and B of the staff report dated June 1, 2018, to allow the development of a mixed-use community on the former Motherhouse lands in Halifax, and schedule a Public Hearing.

 
14.3 NORTH WEST COMMUNITY COUNCIL
14.3.1 Case 20662
– Amendments to the Regional Municipal Planning Strategy, Regional Subdivision By-law and Sackville Land-Use By-law  [PDF]
Motion: 
That Halifax Regional Council give First Reading to consider the proposed amendments to the Regional Municipal Planning Strategy and Sackville Land Use By-law as set out in Attachments A and B of the staff report dated May 7, 2018 and schedule a Public Hearing.
 

14.4 GRANTS COMMITTEE
14.4.1
Community Grants Program 2018 - Recommended Awards [PDF]
Motion: 
That Halifax Regional Council approve fifty-four (54) awards as detailed in Attachment 2 of the staff report dated April 20, 2018 for a combined total of $439,565 from Operating Account M311-8004 Community Grants with consideration to the following amendments:
1. That the recommended grant to the Halifax Refugee Clinic Association be reduced from $4,000.00 to $1,000.00 due to funding received through the District Capital Fund for the same project and expenses; and
2. That the ineligible application from the Musquodoboit Harbour Heritage Society be referred to staff for further consideration upon receipt of the required from the Society in regard to a capital grant issued in fiscal year 2017-18.   

14.4.2 Rural Transit Funding Program 2018/2019 [PDF]
Motion:
That Halifax Regional Council approve the following grants under the Rural Transit Grants Administrative Order, for the 2018/19 fiscal year: 
1. Lump Sum Grants
a. MusGo Rider Cooperative (Musquodoboit Harbour) - $10,000
b. MusGo Rider Cooperative (Valley-Sheet Harbour) - $10,000
c. BayRides- $5,000
d. East Hants Community Rider - $10,000
2. Flat Rate Grant of $0.43 per in-service kilometer up to a program maximum of $185,000 to:  
a. MusGo Rider Cooperative (Musquodoboit)
b. MusGo Rider Cooperative (Valley-Sheet Harbour)
c. BayRides
d. East Hants Community Rider
with the rate increase up to $0.50 per kilometer if at the end of fiscal 2018/19 residual funding remains in the account, with the supplementary funds be distributed pro-rata based on in-service kilometers to the approved applicants.  

14.4.3 2018 Regional Special Events Grant Report [PDF]
Motion:
That Halifax Regional Council approve the 24 Event Grants for a total of $24,000, as identified in Attachment 1 of the staff report dated May 31, 2018 from the approved 2018/19 Operating Budget – C760 Culture/Events. 


14.5 MEMBERS OF COUNCIL
14.5.1 Deputy Mayor Mason
- District Capital Request for the Halifax Junior High School Home & School Association [PDF]
Motion
That Halifax Regional Council approve a one-time exemption to grant a request for $20,000.00 from the District 7 District Capital Fund to the Halifax Central Junior High Home and School Association for the purchase and installation of new basketball backboards and associated armature at the Halifax Central Junior High School.

14.5.2 Councillor Hendsbee - Musquodoboit Harbour Streetscape Project Funding [PDF]
Motion: 
That Halifax Regional Council suspend the rules of order as set out in Administrative Order One, Respecting the Procedures of the Council, section 17 (Items Added by Council) in order to approve:
That Halifax Regional Municipality submit an application on behalf of the Community of Musquodoboit Harbour to the Province under the Nova Scotia Department of Municipal Affairs for its Streetscape Beautification Program for a possible matching Grant up to a maximum $25,000 that will be drawn from the Musquodoboit Harbour Common Area Rate Account, conditional pending upon Provincial approval of any funding.
 

15. MOTIONS – NONE

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 – May 22, 2018
Motion: 
That the In Camera (In Private) minutes of May 22, 2018 be approved as circulated.

16.2 LABOUR RELATIONS – Legal Advice – Private and Confidential Verbal Update – Deferred from June 5, 2018
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 Municipality’s unions.
Motion:
That Halifax Regional Council convene to in camera (in private) to receive a verbal update on the matter.

16.3 PROPERTY MATTER – Property Acquisition – 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. Authorize the Mayor and Clerk to enter into an Agreement of Purchase for the acquisition of the property, subject to the terms and conditions contained in Table 2 of the private and confidential report dated April 30, 2018.
2. Not release the private and confidential report dated April 30, 2018 to the public. 

16.4 CONTRACT NEGOTIATIONS – Private and Confidential Verbal Update
A matter pertaining to contract negotiations and legal advice. 
Motion:
That Halifax Regional Council convene to in camera (in private) to receive a verbal update on the matter.

16.5 LEGAL MATTER – Settlement Matter – Private and Confidential Report
A matter pertaining to litigation or potential litigation in regard to an identifiable person and information whose disclosure could reasonably be expected to prejudice the interests of the Municipality.
Motion: 
That Halifax Regional Council:
1. Approve the full settlement as per the terms of the Settlement Agreement per Attachment 1 of the Private and Confidential report dated May 22, 2018;
2. Authorize the Mayor and Municipal Clerk to sign the Settlement Agreement per Attachment 1 of the Private and Confidential report dated May 22, 2018;
3. Authorize the Municipal Clerk to withdraw all assessment appeals for the properties in the Settlement Agreement; and
4. Not release the Private and Confidential report dated May 22, 2018 to the public. 
 

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:

16.6 PERSONNEL MATTER – Deputy Mayor Mason 
This item was moved to open session, see item 17.2
 
16.7 INTERGOVERNMENTAL RELATIONS – Verbal Update 
A matter pertaining to any subject, the discussion of which could, violate the confidentiality of information obtained from another body of government, or a public body.
Motion: That Halifax Regional Council convene to in camera to discuss the matter.

17.1 Councillor Adams - Sambro and Area Community Association Capital Request for Wheelchair Friendly Boardwalk Construction and Land Purchase PID 40579914 Grand Lake, Williamswood [PDF]
Motion: 
That Halifax Regional Council approve a one-time exemption to grant a request from the District 11 District Capital Fund to the Sambro & Area Community Association (SACA) for the purchase of small parcel of land at PID 40579914 for their wheelchair friendly boardwalk project which will facilitate access for barrier-free fishing.

17.2 – Deputy Mayor Mason – Response to ongoing Employment Systems Review and Human Rights Commission Concerns [PDF]
Motion: 
That Halifax Regional Council expresses support for the actions and response from the Chief Administrative Officer, June 11, 2018, regarding HRM’s commitment to a safe workplace, responding to the Employment Systems Review and the Human Rights Commission report, and;

That the Chief Administrative Officer be directed to provide quarterly public progress reports to Regional Council, subject to the appropriate redaction of personal information on the following:
1. the findings of the external HR consultant regarding HR processes, procedures and implementation;
2. a plan to implement the recommendations of the consultant;
3. results to date and issues that may be identified during implementation of both the ESR review and the external HR consultant reports;
4. open and completed harassment and discrimination complaints involving workplace bullying, sexual harassment and race both through regular HR processes and the newly established hotline, and;
5. with quarterly reports to begin no later than September 2018.


INFORMATION ITEMS
7.
Proclamation - Brain Injury Awareness Month – June 2018 [PDF]
 

 

18. NOTICES OF MOTION

19. ADJOURNMENT
________________________________________
 
INFORMATION ITEMS
June 19, 2018

1. Information Report from the Director of Transportation and Public Works and the Chief Administrative Officer dated April 4, 2018 re: Pride Rainbow Art Crosswalks [PDF]

2. Information Report from the Chief Administrative Officer dated May 1, 2018 re: Reinstate Crosswalk by the Eastern Shore Memorial Hospital  [PDF]

3. Information Report from the Director of Corporate and Customer Services and the Chief Administration Officer dated May 18, 2018 re: Tick Awareness Campaign   [PDF]

4. Information Report from the Acting Director of Planning and Development and the Chief Administration Officer dated April 3, 2018 re: History of the Monarch/Rivendale Service Extension Project [PDF]

5. Proclamation – World Sickle Cell Day – June 19, 2018 [PDF]

6. Information Report from the Municipal Clerk dated June 11, 2018 re: Requests for Presentation to Council [PDF]