September 1, 2020 Halifax Regional Council Special Meeting

Date:

Time: 10:00 a.m., Reconvene 6:00 p.m.; Reconvene 6:00 p.m. September 3, 2020 (If required)

Location: Virtual Meeting

Agenda

 

REVISED

1. CALL TO ORDER

2. APPROVAL OF MINUTES – August 18, 2020

3. APPROVAL OF THE ORDER OF BUSINESS 

4. CONSENT AGENDA*
Motion:
That Halifax Regional Council approve the following items: 11.1.2, 11.1.4, 11.1.5, 11.1.6, 11.1.11, 11.1.13, 11.1.20 and 11.1.21 

5. CALL FOR DECLARATION OF CONFLICT OF INTERESTS

6. MOTIONS OF RESCISSION – NONE

7. CONSIDERATION OF DEFERRED BUSINESS - NONE

8. VIRTUAL PUBLIC HEARING – 6:00 P.M.
8.1 Case 21162 - Secondary Suites and Backyard Suites – Supplementary Report 
[PDF]
- Staff Presentation [PDF]
Motion:
That Halifax Regional Council adopt the proposed amendments to the Regional Municipal Planning Strategy and all land use by-laws, with the exception of the Regional Centre Land Use By-law (Package A), as set out in Attachments A and B of the supplementary staff report dated June 2, 2020, to allow secondary suites and backyard suites accessory to single-unit, two-unit or townhouse dwellings.

9. CORRESPONDENCE, PETITIONS & DELEGATIONS
9.1 Correspondence 
9.2 Petitions
9.3 Presentations

10. INFORMATION ITEMS BROUGHT FORWARD

11. REPORTS
11.1 CHIEF ADMINISTRATIVE OFFICER
11.1.1 Second Reading Proposed By-law C-503, an Amendment to By-law C-501, Respecting Vending on Municipal Lands and Proposed Amendments to Administrative Order 15, Respecting License, Permits and Processing Fees 
[PDF]
Motion:
That Halifax Regional Council:
1. Adopt By-law C-503, the purpose of which is to amend By-law C-501, the Vending on Municipal Lands By-law, to add new Vending locations to Part A, Part C, and Part D of Schedule B as set out in Attachment C of the staff report dated March 5, 2020; and
2. Adopt the amendments to Administrative Order 15, the License, Permits and Processing Fees
Administrative Order, as set out in Attachment E of the staff report dated March 5, 2020.

11.1.2 Hammonds Plains Area Rate - Recommendations for Surplus[PDF]
Motion:
That Halifax Regional Council direct the surplus of the Hammonds Plains Area Rate to be held by the Municipality for use in or for the benefit of the Hammonds Plains area, as identified on the Map of the Hammonds Plains Common Rate attached as Attachment A to the staff report dated July 9, 2020. 

11.1.3 Proposed Administrative Order SC-94, Respecting Closure of a Portion of Mount Hope Avenue, Dartmouth - Declaration of Surplus Property, Street Closure and Property Disposal – 21 Orion Court and Mount Hope Avenue [PDF]
Motion:
That Halifax Regional Council:
1. Declare the portion of the Mount Hope Avenue right-of-way shown as Parcel Y in Attachment “A” of the staff report dated May 15, 2020 surplus to municipal requirements, and categorize it as ‘Extraordinary’, as per Administrative Order 50, Respecting the Disposal of Surplus Real Property;
2. Adopt Administrative Order SC-94 as shown in Attachment “B” of the staff report dated May 15, 2020; and
3. Subject to the approval of the above recommendations, authorize the negotiation and execution of an
agreement of purchase and sale and the conveyance of Parcel Y as per Table 1 of the staff report dated May 15, 2020 to the adjacent property owner pursuant to Administrative Order Number 2018-004-ADM, Respecting Real Property Transactions.

11.1.4 Investing in Canada Amending Agreement - Herring Cove Phase 2B[PDF]
Motion: 
That Halifax Regional Council authorize the Mayor and Municipal Clerk to sign the attached Amending Agreement of the staff report dated May 20, 2020 with the Minister of Municipal Affairs with respect to Investing in Canada Infrastructure Program (ICIP) funding for the Herring Cove Water and Wastewater Servicing project, Phase 2B.

11.1.5 Increase to Contract – Request for Proposal (RFP) No. 18-310 Consulting Engineering Services for Northwest Arm Drive Greenway[PDF]
Motion:
That Halifax Regional Council approve an increase to the contract with CBCL Limited (Purchase Order No. 2070790806) for additional work from the original scope in the amount of $4,740 (net HST included), with funding from Project Account CR200001 – Active Transportation, as outlined in the Financial Implications section of the staff report dated July 29, 2020.

11.1.6 Increase to Contract – 20-164 – Acadia School Building Washroom Renovation[PDF]
Motion:
That Halifax Regional Council authorize an increase to Purchase Order No. 2070839548 for changes to the contracted scope of work in the amount of $ 31,286 (net HST included), with funding from Project No. CB190006 – Accessibility – HRM Facilities outlined in the Financial Implications section of the staff report dated July 22, 2020.

11.1.7 Proposed Administrative Order SC-95, Respecting Closure of a Portion of Osborne Street, Halifax and Proposed Administrative Order SC-96, Respecting Closure of a Portion of Wildwood Avenue, Halifax - Surplus Property and Street Closure  [PDF]
Motion:
That Halifax Regional Council:
1. Accept Parcel RL-1 as part of Osborne Street; 
2. Declare Parcel “C” as shown in Attachment “A” of the staff report dated July 7, 2020 as surplus to municipal requirements pursuant to Administrative Order 50 and Categorize it as “Extraordinary”; 
3. Adopt Administrative Order SC-95 as shown in Attachment “B” of the staff report dated July 7, 2020, to close that portion of Osborne Street shown as Parcel “A” on Attachment “A” of the staff report dated July 7, 2020; and
4. Adopt Administrative Order SC-96 as shown in Attachment “C” of the staff report dated July 7, 2020, to close those portions of Wildwood Avenue shown as Parcel “B” and Parcel “C” on Attachment “A” of the staff report dated July 7, 2020. 

11.1.8 Proposed Administrative Order 2019-007-ADM, Respecting Public Disclosure of Municipal Grants [PDF]
Motion:
That Halifax Regional Council adopt Administrative Order 2019-007-ADM, Respecting Public Disclosure of Municipal Grants as set out in Attachment 1 of the staff report dated July 7, 2020.

11.1.9 First Reading Proposed By-law S-311, an Amendment to By-law S-300, Respecting Streets [PDF]
Motion:
That Halifax Regional Council give First Reading to By-law S-311, Respecting Streets as set out in Attachment B of the staff report dated June 9, 2020, the purpose of which is to amend By-law S-300, Respecting Streets, to
1. broaden the Engineer’s power to grant Annual Permits, and
2. remove gender specific language. 

11.1.10 First Reading Proposed By-law S-449, an Amendment to By-law S-400, Respecting Charges for Street Improvements - Provincial Aid-to-Municipality Program [PDF]
Motion:
That Halifax Regional Council:
1. Suspend the rules of procedure under Schedule 7 of the Transportation Standing Committee Terms of Reference under Administrative Order One, the Procedures of the Council Administrative Order; and,
2. Give First Reading to By-law S-449, Respecting Charges for Street Improvements, further amending By-law S-400, the Street Improvement By-law, as set out in Attachment A of the staff report dated August 11, 2020.

11.1.11 Declaration of Surplus Status - Dickson Street Laneway[PDF]
Motion:
That Halifax Regional Council declare the parcel of land shown as ‘Parcel A’ on Attachment ‘B’ of the staff report dated June 29, 2020, surplus to municipal requirements and categorize it as ‘Remnant’, as per Administrative Order 50, Respecting the Disposal of Surplus Real Property. 

11.1.12 Gottingen Street Peak Period Northbound Bus Lane Evaluation [PDF]
Motion:
That Halifax Regional Council:
1. Suspend the rules of procedure under Schedule 7, the Transportation Standing Committee Terms of Reference, of Administrative Order One, the Procedures of the Council Administrative Order.
2. Request that the Traffic Authority consider modifying the operational period for the northbound bus lane on Gottingen Street, limiting its enforcement only to the weekday afternoon peak period; and
3. Direct the Chief Administrative Officer to continue to monitor the metrics included in the Gottingen Street Monitoring and Evaluation Plan and present the results to the Transportation Standing Committee one year after implementation of the proposed changes as per recommendation number 2.
 
11.1.13 Public Transportation Assistance Program Contribution Agreement 2020-21[PDF]
Motion:
That Halifax Regional Council authorize the Mayor and Municipal Clerk to sign the attached Contribution Agreement to the staff report dated June 4, 2020 with the Minister of Communities, Culture and Heritage, to receive $2,000,000 in funding under the Public Transportation Assistance Program for Capital Investments for Halifax Transit.

11.1.14 Request for Transfer of Ownership of Public Art – Concrete Statue, Daffodil Garden for Cancer Survivors [Large 14 Mb PDF]
Motion:
That Halifax Regional Council:
1. Authorize the Mayor and Municipal Clerk to execute a Deed of Gift (Attachment 1 of the staff report dated July 14, 2020) to transfer the ownership of the concrete statue, with the proposed location to be within the Daffodil Garden for Cancer Survivors, Ferry Terminal Park, Dartmouth from the Donor to the Municipality; and
2. Waive the requirement under Policy 1.3 of the Municipal Public Art Policy for the provision of a funding donation for the ongoing maintenance of the work. 

11.1.15 Proposed Amendments to Administrative Order 2020-009-ADM, Respecting COVID-19 – Planning and Development Public Engagement [PDF]
Motion:
That Halifax Regional Council adopt the amendments to Administrative Order Number 2020-009-ADM, the COVID-19 Administrative Order, as set out in Attachment B of the staff report dated August 11, 2020.

11.1.16 Canoe’ 22 Society – Funding Request [PDF]
Motion:
That Halifax Regional Council:
1. Suspend the Rule of Procedure under Schedule 2, Audit and Finance Standing Committee Terms
of Reference, of Administrative Order One, the Procedures of the Council Administrative Order;
2. Authorize and approve the withdrawal of a maximum of $700,000 for a grant to the Canoe ’22 Society/Atlantic Division Canoe Kayak Canada for one-third of the requested capital funding towards the Judges Tower, Return Lane, and Accessible Docks as outlined in the staff report dated August 12, 2020, with half of the funding ($350,000) from General Contingency Fund Q421 and the remaining balance from the 2021/22 Operating Budget and conditional on similar funding from other levels of government; and
3. Authorize the Chief Administrative Officer to negotiate and execute a contribution agreement in
accordance with the terms and conditions as outlined in Table 4 of the staff report dated August 12, 2020.

11.1.17 Proposed Administrative Order 2020-001-OP, Respecting Public Art - Updates – Municipal Public Arts Policy [PDF] - REVISED
Motion:
That Halifax Regional Council:
1. Suspend the rules of procedure under Schedule 3, the Community Planning and Economic Development Standing Committee Terms of Reference, of Administrative Order One, the Procedures of the Council Administrative Order; and
2. Adopt Administrative Order 2020-001-OP, The Public Art Policy, including repealing the 2008 Public Art Policy, as set out in Attachment 2 of the staff report dated August 18, 2020.

11.1.18 Proposed Amendments to Administrative Order 12, Respecting the Appointment of the Traffic Authority - Appointment of Traffic Authority and Deputy Traffic Authority [PDF]
Motion:
That Halifax Regional Council adopt the amendments to Administrative Order 12, the Appointment of the Traffic Authority as set out in Attachment 2 of the staff report dated August 13, 2020:
1. appoint Brad Anguish, P.Eng., as the Traffic Authority,
2. retain Taso Koutroulakis, P.Eng., as the Deputy Traffic Authority, and
3. retain Roddy MacIntyre, P.Eng., as the Deputy Traffic Authority.
 
11.1.19 Councillor Endorsement Table Officer – Federation of Canadian Municipalities (FCM) Resolution [PDF]
Motion:
That Halifax Regional Council:
1. Endorse Councillor Bill Karsten as a candidate for President of the FCM for a term to October 15, 2020; and as a candidate for Past President for a term beginning October 16 until the Swearing in of Council following the October 17, 2020, Municipal Election; and
2. Adopt the resolution required by FCM, in regard to the appointments as provided in Attachment 1 of the staff report dated August 19, 2020.

11.1.20 Less than Market Value Lease - St Mary’s Lawn Bowls Club, 1643 Fairfield Road, Halifax[PDF]
Motion:
That Halifax Regional Council authorize the Mayor and Municipal Clerk to enter into a less than market value lease agreement with St. Mary’s Lawn Bowls Club for the premises located at 1643 Fairfield Road, Halifax as per the key terms and conditions set out in Table 1 in the discussion section of the staff report dated July 6, 2020.

11.1.21 Less than Market Value Lease - Wanderers Lawn Bowling Club, 5759 Sackville Street, Halifax[PDF]
Motion:
That Halifax Regional Council authorize the Mayor and Municipal Clerk to enter into a less than market value lease agreement with Wanderers Lawn Bowling Club for the premises located at 5759 Sackville Street, Halifax as per the key terms and conditions set out in Table 1 in the discussion section of the staff report dated July 6, 2020.

11.1.22 ICIP (Investing in Canada Infrastructure Program) Climate Change Mitigation Sub-Stream Funding Applications [PDF]
Motion:
That Halifax Regional Council:
1. Endorse the capital projects outlined in the Discussion section of the staff report dated August 18, 2020, and
2. Direct the Chief Administrative Officer to submit the new projects identified in Attachment A and
those previously approved as listed in Attachment C of the staff report dated August 18, 2020 for funding consideration under the Investing in Canada Infrastructure Program Climate Change Mitigation sub-stream.

 

11.2 AUDIT AND FINANCE STANDING COMMITTEE 
11.2.1 Write Off of Uncollectable Accounts 
[PDF]
Motion: 
That Halifax Regional Council approve:
1. The real property tax accounts in the amount of $17,070.18 comprised of $14,270.10 principal and $2,800.08 interest as summarized in Schedule 1 of the staff recommendation report dated February 14, 2020 be formally written out of the books of account; 
2. The general revenue accounts in the amount of $67,252.70 comprised of $61,834.80 principal and $5,417.90 interest as summarized in Schedule 1 of the staff recommendation report dated February 14, 2020 be formally written out of the books of account;
3. The recreation accounts in the amount of $30,416.49 comprised of $30,416.49 principal and $0.00 interest as summarized in Schedule 1 of the staff recommendation report dated February 14, 2020 be formally written out of the books of account; 
4. The capital account in the amount of $1,051,000 comprised of $1,051,000 principal and $0.00 interest as summarized in Schedule 1 of the staff recommendation report dated February 14, 2020 be formally written out of the books of account.

11.3 AUDIT COMMITTEE
11.3.1 Year End Financial Statements 
[PDF]
Motion:
That Halifax Regional Council approve:
1. The Consolidated Financial Statements of the Halifax Regional Municipality for the year ended March 31, 2020;
2. The Statement of General Rate Surplus of the Halifax Regional Municipality for the year ended March 31, 2020;
3. Transfers of $35,119,994, as outlined below, to reduce the general rate surplus to zero:
•    Debt Principal and Interest Repayment Reserve, Q631 - $3,600,000
•    Capital Fund Reserve, Q526 (BAL list items) - $12,900,000
•    Capital Fund Reserve, Q526 - $12,000,000
•    General Contingency Reserve, Q421 - $ 6,619,994
4. The financial statements of the Halifax Regional Municipality Miscellaneous Trust Funds for the year ended March 31, 2020; and,
5. The appointment of KPMG to be the External Auditors for the fiscal year ended March 31, 2021.

11.4 DESIGN REVIEW COMMITTEE
11.4.1 Halifax Downtown Halifax Land Use By-Law Balcony Provisions re Case 22708 - Substantive Site Plan Approval for 1325 Lower Water Street 
[Large 54 Mb PDF]
Motion:
That Halifax Regional Council initiate the process to consider amendments to the Downtown Halifax Land Use By-law to allow for balconies in excess of 50% of the building face.

11.5 HALIFAX AND WEST COMMUNITY COUNCIL
11.5.1 Case 22050 - Amendments to the Halifax Municipal Planning Strategy and Halifax Mainland Land Use By-law for Parkmoor Avenue, Hayes Street and Charlton Avenue (PID 00277228), 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 (LUB) for Halifax Mainland, as set out in Attachments A and B of the staff report of August 20, 2020, to permit single detached dwellings with modified lot requirements and five townhouse buildings on a portion of the lands identified as PID 00277228, near Parkmoor Avenue, Hayes Street and Charlton Avenue, Halifax, and schedule a public hearing.

12. MOTIONS
12.1 Councillor Zurawski

Motion:
That Halifax Regional Council request that a senior level coordinating committee, led by HRM staff, be established for the Blue Mountain-Birch Cove Lakes Regional Wilderness Park. The purpose of this HRM, staff-led senior level coordinating committee, will be created to ensure 
1. That land use, development decisions, and approvals involving adjacent and surrounding lands of the core wilderness area are compatible with the ecological mandates of the park, as outlined by the best ecological research, and do not adversely affect the viability and integrity of the future park.
2. The coordinating committee will be HRM staff led and comprised of advisors from the public, and NGOs such as, but not limited to the Ecology Action Centre (EAC) and Friends of BMBC Lakes.
3. Provide progress reports to HRM Regional Council once every six months, which will be made available to the public
3. Provide a monitoring plan, whose purpose is to protect the ecological integrity of the proposed park with an emphasis on ensuring public use compatible with the purposes of the future park. 

13. 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:
13.1 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 recommendations as outlined in the private and confidential staff report dated August 14, 2020 and 
2. Not release the private and confidential staff report dated August 14, 2020 to the public.

13.2 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 July 24, 2020; and 
2. Not release the private and confidential staff report dated July 24, 2020 to the public.

13.3 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 July 17, 2020; and 
2. Not release the private and confidential staff report dated July 17, 2020 to the public until the transaction has closed.

13.4 INTERGOVERNMENTAL MATTER 
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: 
To convene to In Camera to address the matter.

Private and Confidential Information Items

1. Private and Confidential In Camera (In Private) Information Report - re: Personnel Matter

14. ADDED ITEMS
14.1 Councillor Adams – Naming of Pond at Graves Oakley Park
Motion:

That Regional Council endorse the naming of the pond at Graves Oakley Park, behind Elmdale Crescent, Graves-Oakley Pond.

15. NOTICES OF MOTION

16. ADJOURNMENT

 
INFORMATION ITEMS
September 1, 2020

________________________________________


1. Memorandum from the Acting Director of Finance, Asset Management and ICT/CFO dated July 7, 2020 re: Award of Contracts – Quarterly Report April to June 2020 [PDF]

2. Memorandum from the Director of Transportation and Public Works dated July 23, 2020 re: Restricting Right Turns on Red Lights [PDF] - REVISED

3. Memorandum from the Director of Transportation and Public Works dated July 17, 2020 re: Establishing a Crosswalk Location on the Williams Porter Connector Road [PDF]

4. Memorandum from the Director of Transportation and Public Works dated July 19, 2020 re: Elimination of Pedestrian Push Button Requirement at Fully Signalled Intersections [PDF]

5. Proclamation – National Polycystic Kidney Disease Awareness Day – September 4, 2020 [PDF]

6. Proclamation – Recovery Day – September 12, 2020 [PDF]

7. Proclamation – Mitochondrial Disease Awareness Week – September 13-19, 2020 [PDF]

8. Memorandum from the Director of Finance, Asset Management and ICT/CFO dated June 24, 2020 re: Commercial Tax and Small Business - Five Zones with Tiers Options [PDF]

9. Memorandum from the Chief Administrative Officer dated August 6, 2020 re: Halifax Covid-19 Economic Response and Recovery Plan Update [PDF]

10. Memorandum from the Director of Transportation and Public Works dated March 2, 2020 re: Bi-Annual Transportation Standing Committee (TSC) Report - Traffic Control Practices and Warrants [PDF]

11. Memorandum from the Acting Municipal Clerk dated August 24, 2020 re: Requests for Presentation to Council - None [PDF]

12. Proclamation – Canada United Weekend – August 28-30, 2020 [PDF]

13. Memorandum from the Director of Transportation and Public Works dated August 10, 2020 Re: Strategic Road Safety Framework Annual Information Report [PDF]

14. Proclamation – Rail Safety Week – September 21-27, 2020 [PDF]