October 30, 2018 Halifax Regional Council

Date:

Time: 1:00 p.m., Reconvene 6:00 p.m.

Location: Halifax Marriott Harbourfront Hotel, Acadia Ballroom - 1919 Upper Water Street, Halifax

Agenda

1. CALL TO ORDER

2. SPECIAL COMMUNITY ANNOUNCEMENTS & ACKNOWLEDGEMENTS

3. APPROVAL OF MINUTES – October 2, 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 – October 16, 2018
9.1
Second Reading Proposed By-law P-1101, Private Road Maintenance By-law, Proposed Administrative Order 2018-003-ADM, Respecting Private Road Maintenance Cost Recovery, and Amendments to Administrative Order 45, Respecting Private Road Maintenance [PDF]
Motion:
That Halifax Regional Council:
1. Adopt proposed By-law Number P-1101, amending the Private Road Maintenance By-law, as set out in Attachment 3 of the staff report dated August 7, 2018; and
2. Adopt the Private Road Maintenance Cost Recovery Administrative Order 2018-003-ADM, as set out in Attachment 1 of the staff report dated August 7, 2018, including repealing the Private Road Maintenance Cost Recovery Policy and Administrative Order 45, Respecting Private Road Maintenance. 

10. NOTICES OF TABLED MATTERS – NONE
 

11. PUBLIC HEARING – 6:00 P.M.
11.1
Administrative Order 50 Disposal of Surplus Real Property PID 00481259 - 80 Sandy Cove Road, Terence Bay 
- Report [PDF]
- Presentation [PDF]
Motion: 
That Halifax Regional Council approve the sale of 80 Sandy Cove Road, Terence Bay, to the Terence Bay Community Hall Association (“the Association”), and authorize the Mayor and Municipal Clerk to enter into an Agreement of Purchase and Sale with the Association per the terms and conditions set out in Table 1 of the report dated July 30, 2018 and execute a deed to the Association pursuant thereto.

Public Hearings - Frequently Asked Questions 


12. CORRESPONDENCE, PETITIONS & DELEGATIONS
12.1 Correspondence 
12.1.1
Fly-Past Request – Remembrance Day Ceremony – Various Locations  [PDF]
Motion:
That Halifax Regional Council grant permission for the Canadian Forces to fly a Cyclone helicopter over: 
•    Sullivan’s Pond, Dartmouth at approximately 11:08 a.m. flying North to South; 
•    Cole Harbour Place, Cole Harbour at approximately 11:09 a.m. flying East to West; and
•    Caen Legion Branch #164 on Main Road, Eastern Passage at approximately 11:10 a.m. flying North to South
and that these flypasts be authorized to fly at a height of 500 feet above the highest obstacle in each location on Sunday November 11, 2018 as part of the Remembrance Day Ceremonies.

12.1.2 Fly-Past Request - Remembrance Day Ceremony – Grand Parade [PDF]
Motion: 
That Halifax Regional Council grant permission for the Canadian Armed Forces to fly a Cyclone helicopter over Grand Parade, Halifax, flying North to South, at a height of 500 feet above the highest obstacle at approximately 11:02 a.m. on Sunday November 11, 2018 as part of the Remembrance Day ceremony.

12.2 Petitions

12.3 Presentations
12.3.1
Halifax Water 2017/18 Annual Report
- Report [PDF - large 13Mb file]
- Presentation [PDF]

13. INFORMATION ITEMS BROUGHT FORWARD – NONE
 

14. REPORTS
14.1 CHIEF ADMINISTRATIVE OFFICER
14.1.1
Second Reading Proposed By-law C-1100, Respecting HRM Election Campaign Financing  [PDF]
Motion: 
That Halifax Regional Council:
1. Adopt By-law C-1100, the Campaign Financing By-law, as set out in the revised Attachment A of the staff report dated August 15, 2018.
2. Direct staff to conduct a review of By-law C-1100 after the next regular election and return to the Executive Standing Committee with their findings; and 
3. Request a staff report regarding the introduction of an administrative order on the use of HRM corporate resources during an election. 

14.1.2 Frontier Networks Inc. Municipal Access Agreement [PDF]
Motion:
That Halifax Regional Council approve entering into a Municipal Access Agreement with Frontier Networks Inc. on terms substantially similar to those contained in the draft agreement attached to the staff report dated September 28, 2018.

14.1.3 Declaration of Surplus Property - Lot VA-1, 6863 Vaughan Avenue, Halifax (Formerly 6822 Bayers Road) [PDF]
Motion: 
That Halifax Regional Council declare Lot VA-1, 6863 Vaughan Avenue, Halifax, PID 41460130, shown as Lot “VA-1” in Attachment “A” of the staff report dated October 1, 2018, as surplus to municipal requirements and categorize Lot “VA-1” as ‘Ordinary’, as per Administrative Order Number 50, Respecting the Disposal of Real Property. 

14.1.4 Councillor Appointments – Nominations of Councillors to Various Boards and Committees [PDF]
Motion:
That Halifax Regional Council:
1. Suspend the rules of procedures requiring the Executive Standing Committee to review the nominations and make a recommendation to Regional Council;
2. Appoint the Councillors to the Standing Committees, Boards and Committees as outlined in Attachment 1 of the staff report dated October 9, 2018; and
3. Appoint the Councillors to the Standing Committees, Boards and Committees who are the successful candidates after a vote by secret ballot, as outlined in Attachment 2 of the staff report dated October 9, 2018.

14.1.5 Canadian Football League (CFL) Stadium Proposal Update and Staff Direction
- Report [PDF]
- Presentation [PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer to: 
1. Complete a thorough business case analysis on a proposal for a stadium, including a stadium district development from Maritime Football League Partnership (MFLP). 
2. Engage with the province to obtain legislative amendments to the HRM Charter to allow for a tax agreement on a stadium, and the ability to contribute financially to the debt financing of a stadium through a tax Incremental financing model or otherwise, pending the outcome of the business case analysis. 
3. Engage, collaborate and partner with the province on potential new and incremental sources of revenue designated to contribute to the debt financing of the stadium. 
4. Bring a report back to Council detailing the results of the business case review of a MFLP proposal with a recommendation to proceed or not to proceed as a funding partner in a new multi-use stadium. The business case review must include evaluations on the need, cost-benefit, risk, economic impact, partnership opportunities and current cost estimates. 

14.1.6 Port of Halifax 
- Report [PDF]
- Presentation [PDF]
Motion:
That Halifax Regional Council receive a presentation from the Halifax Port Authority. 
 

14.2 AUDIT AND FINANCE STANDING COMMITTEE
14.2.1
National Disaster Mitigation Program – Flood Risk Assessment Study  [PDF]
Motion: 
That Halifax Regional Council approve an increase to the Planning and Development operating budget in the amount of $450,000, with funding as an unbudgeted withdrawal from Q421, the General Contingency Reserve, in the amount of $225,000, and funding through cost sharing of $225,000 from the National Disaster Mitigation Program, as described in the Financial Implications section of the staff report dated October 1, 2018, contingent upon the Municipality receiving the cost sharing through the National Disaster Mitigation Program. 

14.2.2 Nova MultiFest Grant Request [PDF]
Motion:
That Halifax Regional Council refer the Nova MultiFest Society to the 2019-20 Regional Special Events Grant Program.
 

14.3 AUDIT AND FINANCE STANDING COMMITTEE AND HERITAGE ADVISORY COMMITTEE
14.3.1
Case H00464 - Request for additional financial assistance for St. Paul’s Church, 1749 Argyle Street, Halifax
(i) Audit and Finance Standing Committee report dated October 18, 2018  [PDF]
(ii) Heritage Advisory Committee report dated September 26, 2018 [PDF]
(iii) Staff report dated August 23, 2018 [PDF]
Motion:
That Halifax Regional Council: 
1. Approve the provision of in-kind financial assistance of a value up to but not exceeding $150,000, with a net municipal project cost up to but not exceeding $75,000, to the Parish of St. Paul’s for the continued restoration of a portion of the perimeter ironstone wall and cast iron fencing surrounding St. Paul’s Church in accordance with the Heritage Agreement dated November 24, 2017 and the proposed amendments thereto, with funding as outlined in the Financial implications section of the staff report dated August 23, 2018, conditional on: 
a) The execution of an amendment to the Heritage Agreement dated November 24, 2017, and its registration at the Land Registry Office; and
b) The execution of a Contribution Agreement with the Government of Canada; 
2. Authorize the Chief Administrative Officer (CAO) to negotiate, and the Mayor and Clerk to execute, an amending agreement to the November 24, 2017 Heritage Agreement between HRM and the Parish of St. Paul’s, to include: 
a) The provision of in-kind financial assistance of a value up to but not exceeding $150,000, with a net municipal project cost up to but not exceeding $75,000, for the continued restoration of a portion of the perimeter ironstone wall and cast iron fencing surrounding St. Paul’s Church, subject to the execution of a Contribution Agreement between HRM and the Government of Canada; 
b) The identification of the new area to be restored in accordance with Map 1 of the staff report dated August 23, 2018; and 
c) The completion date of the new work, being no later than March 31, 2019. 
3. A budget increase of $150,000 to Project Account No. CR000008 – St. Paul’s Church Wall Restoration, funded 50% by cost sharing with the Parks Canada National Cost Sharing Program for Heritage Places and 50% by funding from the General Contingency Reserve (Q421);
4. An unbudgeted withdrawal of $75,000 from the General Contingency Reserve (Q421) to the project budget to fund the net municipal cost of the financial assistance;
5. The expansion of the scope of work, in the 2018/19 fiscal year to allow for the restoration of additional portions of the ironstone wall and cast iron fencing, providing that the net municipal project cost does not exceed $75,000, and to authorize any necessary amendments to the Heritage Agreement to reflect the expanded scope of work;
6. Increase Purchase Order #2070780659 for Schooner Excavation Limited in the amount of $112,229 (net HST included) for the replacement of 25 feet of additional wall. This is a cumulative increase of 41.50% of the original Purchase Order Value; and
7. Direct the CAO to direct staff to negotiate, and authorize the CAO to execute, a Contribution Agreement with the Government of Canada for the restoration of a portion of the perimeter ironstone wall and cast iron fencing surrounding St. Paul’s Church, for a contribution by HRM not to exceed $75,000, subject to Regional Council’s approval of the provision of financial assistance and amendments to the November 24, 2017 heritage agreement registered on the property.
 

14.4 HALIFAX AND WEST COMMUNITY COUNCIL
14.4.1
Case 20102 - Amendments to the Municipal Planning Strategy for Halifax and the Land Use By-law for Halifax Mainland for 383 Herring Cove Road, Halifax [PDF]
Motion:
That Halifax Regional Council give First Reading to consider the proposed amendments to the Municipal Planning Strategy (MPS) for Halifax and Land-Use By-law for Halifax Mainland (LUB) as set out in Attachments A and B of the staff report dated September 11, 2018, to create a new zone which permits a 7-storey mixed-use building at 383 Herring Cove Road, Halifax, and schedule a public hearing. 

14.4.2 Case 20323 - Amendments to the Halifax Municipal Planning Strategy and Halifax Peninsula Land-Use By-law and associated development agreement for the former Ben’s Bakery Lands on Quinpool Road, Pepperell Street, Preston Street and Shirley Street, Halifax [PDF]
Motion: 
That Halifax Regional Council give First Reading to consider the proposed amendments to the Municipal Planning Strategy for Halifax (MPS) and Land Use By-law (LUB) for Halifax Peninsula, as set out in Attachments A and B of the staff report dated August 23, 2018, to permit the redevelopment of the former Ben’s Bakery Lands into a mixed-use development by development agreement and schedule a joint public hearing with Halifax and West Community Council. 
 

14.5 COMMEMORATION OF EDWARD CORNWALLIS AND RECOGNITION OF COMMEMORATION OF INDIGENOUS HISTORY SPECIAL ADVISORY COMMITTEE 
14.5.1
Commemoration of Edward Cornwallis and Recognition of Commemoration of Indigenous History Special Advisory Committee Governance Structure [PDF]
Motion:
That Halifax Regional Council authorize the establishment of a joint committee that will reflect an equal partnership between Halifax Regional Council and the Assembly of Nova Scotia Mi’kmaq Chiefs and further the joint committee, constituted with the existing members of the Commemoration committee, will be responsible for its own determination of the process and procedures by which it will fulfill the existing mandate, and the funding will be a joint and equal responsibility of HRM and the Assembly of Chiefs.  
 

14.6 MEMBERS OF COUNCIL 
14.6.1
Councillor Austin - Floating Yellow Heart, Little Albro Lake [PDF]
Motion: 
That Halifax Regional Council request a staff report on options for dealing with invasive Floating Yellow Heart in Little Albro Lake and the potential for cooperation with the Province to address this issue.

14.6.2 Councillor Zurawski – Climate Change Directorate [PDF]
Motion:
That Halifax Regional Council request a staff report to look at the Municipal Climate Change Directorate (MCCD) working under the direction of the Chief Administrative Officer (CAO), to outline what HRM must do to meet the outcomes of IPCC Special Report 1.5C of 2018. As such, the goal of the MCCD 
1. Will provide HRM with an Climate Change Action Plan (CCAP) in the summer of 2019; 
2. The CCAP will provide HRM with, based on the best scientific evidence, a path to meet the first IPCC 1.5C target by cutting total CO2 emissions by 40% by 2030; and 
3. An CCAP to meet the IPCC targets of zero CO2 emissions by 2040. 
 

15. MOTIONS
 

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:
 
Private and Confidential Information Items
1. Private and Confidential In Camera (In Private) Information Report – re: Administrative Order 50 Disposal of Surplus Real Property PID 00481259 - 80 Sandy Cove Road, Terence Bay 
 

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:

16.1 PROPERTY MATTER – Councillor Hendsbee – Parkland 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 in regard to: 
Motion:
That Halifax Regional Council request a staff report regarding a possible acquisition as outlined in the private and confidential Councillor Request form. 
 

18. NOTICES OF MOTION

19. ADJOURNMENT

________________________________________
 
INFORMATION ITEMS
October 30, 2018

1. Information report from the Acting Director of Finance & Asset Management dated October 22, 2018  re: 2018 Citizen Survey - Results  [PDF]

2. Proclamation – World Pancreatic Cancer Day – November 15, 2018  [PDF]

3. Information report from the Acting Director of Finance & Asset Management October 22, 2018 re: MBNCanada – Performance Measurement Report Update [PDF]

4. Information report from the Acting Director of Finance & Asset Management dated October 1, 2018 re: Award of Contracts – Quarterly Report – July 1, 2018 to September 30, 2018 [PDF]

5. Memorandum from the Municipal Clerk dated October 22, 2018 re: Requests for Presentation to Council – Halifax Regional Water Commission [PDF]

6. Proclamation – Domestic Violence Awareness – November 2018  [PDF]