September 19, 2017 Halifax Regional Council

Agenda

1. CALL TO ORDER

2. SPECIAL COMMUNITY ANNOUNCEMENTS & ACKNOWLEDGEMENTS

3. APPROVAL OF MINUTES – August 15, 2017

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 – September 5 and July 18, 2017
9.1 Administrative Order 2017-004-ADM, Respecting Spaying and Neutering of Cats Grant Program [PDF]
Motion:
That Halifax Regional Municipality (HRM) continue the 2016 feral cat TNR pilot project and provide funding for five years, commencing effective April 1, 2017 in order to continue the effective partnerships that have developed between the Nova Scotia SPCA, the Spay Day HRM Society, and HRM and that any additional funds be subject to annual budget considerations.

9.2 Award – Province of Nova Scotia Request for Proposal (RFP) WS49662970 for Heating Fuel/Propane/Jet Fuel/Diesel/Gasoline [PDF]
i) Supplementary Information Report dated September 14, 2017 [PDF]
Motion:
That Halifax Regional Council: 
a) Approve the standing offer agreement related to Province of Nova Scotia RFP WS49662970 for Heating Fuel/Propane/Jet Fuel/ Diesel/Gasoline, to Highland Fuel Delivery G.P./ Irving Oil Commercial G.P o/a Irving Energy for the furnace oil, diesel fuel and propane portions of the solicitation, for a period ending June 2020 with the option to renew annually for two (2) additional one year terms for the approximate amount of $10,000,000 per year with funding as outlined in the Financial Implications section of the staff  report dated August 4, 2017.
b) Approve the standing offer agreement related to Province of Nova Scotia RFP WS49662970 for Heating Fuel/Propane/Jet Fuel/Diesel/Gasoline to Bluewave Energy for the gasoline portion of the solicitation, for a period ending June 2020 with the option to renew annually for two (2) additional one year terms for the approximate amount of $1,650,000 per year with funding as outlined in the Financial Implications section of the staff report dated August 4, 2017.
c) Direct the Chief Administrative Offer (CAO) to execute the services contracts with each contractor with terms and conditions acceptable to the CAO and subject to review and approval as to form and authority by Legal Services.

10. NOTICES OF TABLED MATTERS – NONE

11. HERITAGE HEARING – 1:00 P.M.
11.1 Case H00450 - A Request to Register 33 and 35 Pleasant Street, Dartmouth as a Municipal Heritage Property
- Report [PDF]
- Presentation [PDF]
Motion: 
That Halifax Regional Council approve the request to include 33 and 35 Pleasant Street, Dartmouth in the Registry of Heritage Property for the Halifax Regional Municipality, as shown on Map 1 of the staff report 
dated June 15, 2017, as a municipal heritage property. 

PUBLIC HEARINGS – 6:00 P.M.
11.2 Case 19535 – Amendments to the Municipal Planning Strategy (MPS) and Land Use By-law (LUB) for Timberlea/Lakeside/Beechville – 1831 St. Margarets Bay Road, Timberlea
- Report [PDF]
- Presentation [PDF]
Motion: 
That Halifax Regional Council adopt the proposed amendments to the Municipal Planning Strategy and the 
Land Use By-law for Timberlea/ Lakeside/ Beechville, as set out in Attachments A and B of the June 27,
2017 staff report, that would:
• re-designate 1831 St. Margarets Bay Road to the Commercial Core Designation;
• rezone 1831 St. Margarets Bay Road to the C-2 (General Business) Zone to enable a proposed development with restaurant, retail uses and office uses;
• reduce parking standards for restaurants;
• require new or expanded commercial parking in the C-2 Zone to be visually screened from abutting properties zoned or used for residential or community uses;
• require landscaping in the front yard of new or expanded commercial developments in the C-2 Zone.

11.3 Case 19722 – Amendments to the Halifax Municipal Planning Strategy (MPS) and Halifax Mainland Land Use By-Law (LUB) and Amending Development Agreement for 15 Shoreham Lane, Halifax (Joint Public Hearing with Halifax and West Community Council)
- Report [PDF]
- Presentation [PDF]
Motion: 
That Halifax Regional Council adopt the proposed amendments to the Municipal Planning Strategy for Halifax (MPS) and to the Land Use By-law for Halifax Mainland (LUB), as set out in Attachments A and B of the June 28, 2017 staff report, to enable additional commercial land uses, including a restaurant, in an existing commercial/office building located at 15 Shoreham Lane, Halifax. 

Public Hearings - Frequently Asked Questions

12. CORRESPONDENCE, PETITIONS & DELEGATIONS
12.1 Correspondence 
12.1.1 Fly-Past Request – Remembrance Day Ceremony [PDF]
Motion:
That Halifax Regional Council grant permission for a flypast of a Sea King helicopter from 12 Wing Shearwater at levels as low as 500 feet above the highest obstacle on Saturday November 11, 2017 at 11:02 a.m. over the Halifax Grand Parade, as part of the Remembrance Day Ceremony.

12.2 Petitions

13. INFORMATION ITEMS BROUGHT FORWARD – NONE
14. REPORTS
14.1 CHIEF ADMINISTRATIVE OFFICER
14.1.1 Pride Rainbow Art Crosswalks [PDF]
Motion:
That Halifax Regional Council:
1. Direct staff to continue to include funding for the Pride Crosswalk Program as part of Transportation and Public Works (TPW)’s operational budget which would include the installation and maintenance of rainbow art at four signalized locations to be determined by the Director of TPW; and
2. Authorize the Director of TPW to approve requests for rainbow crosswalk art at additional locations only if sufficient funds are provided from an external source and the design is approved by the Traffic Authority.

14.1.2 Halifax Explosion 100th Anniversary Grants Program, Request for Amendment to Award – Symphony Nova Scotia [PDF]
Motion:
That Halifax Regional Council:
1. Approve the amended use of the $10,000 grant by Symphony Nova Scotia to include expenditures in addition to commissioning an original music composition, as set out in the Discussion section of the staff report dated August 28, 2017; and
2. Extend the deadline for the final report to March 31, 2018 from March 31, 2017.

14.1.3 Second Reading Proposed By-Law S-445, an Amendment to By-Law S-400, Respecting Charges for Street Improvements - New Paving Projects outside the Core Area – 2016  [PDF]
Motion:
That Halifax Regional Council:
1. approve the 2016 Local Improvement Charges as outlined in Attachment 2 of the staff report dated June 22, 2017; and
2. adopt By-Law S-445, amending By-Law S-400, the Street Improvement By-law, as set out in Attachment 1 to the staff report dated June 22, 2017.

14.1.4 Joint Use Agreement – Cole Harbour District and Charles P. Allen High Schools [PDF]
Motion:
That Halifax Regional Council authorize the Mayor and Municipal Clerk to enter into a Joint Use Agreement with Halifax Regional School Board regarding the Cole Harbour High School and the Charles P. Allen High School, respectively, as per the agreements attached to the staff report dated August 31, 2017. 

14.1.5 Motorized Bicycles [PDF]
Motion:
That Halifax Regional Council direct staff to amend to By-law P-600 respecting Municipal Parks to add a definition for bicycles as defined in the Nova Scotia Motor Vehicle Act, R.S.N.S 1989. 

14.1.6 First Reading Proposed By-Law T-1002 – an Amendment to By-Law T-1000, Respecting the Regulation of Taxis, Accessible Taxis and Limousines, and Proposed Amendment Administrative Order 39, Respecting Taxi and Limousine Regulation – Requiring Licensing Decals be Displayed in All Vehicles for Hire [PDF]
Motion:
That Halifax Regional Council give First Reading to By-law T-1002, the purpose of which is to amend By-law T-1000, Respecting the Regulation of Taxis, Accessible Taxis and Limousines, as set out in Attachment B to the staff report dated July 27, 2017. 

14.1.7 Amendments to By-law P-1000 to Allow Back Window Permit Display [PDF]
Motion:
That Halifax Regional Council direct the Chief Administrative Officer (CAO) to confirm the practice of not permitting the placement of Residential Parking Exemptions and On-Street Parking Permits in the rear window of the vehicle in amendments to By-Law P-1000.
 

14.2 TRANSPORTATION STANDING COMMITTEE
14.2.1 Access-A-Bus Service Strategic Review [PDF]
i) Supplementary Information Report dated September 12, 2017  [PDF]
Motion:
That Halifax Regional Council:
1. Direct the Chief Administrative Officer to instruct staff to:
a. Continue to provide paratransit service to clients currently in receipt of the service effective the date of the April 13, 2017 staff report. 
b. Prepare a staff report regarding the cost and operational impacts of extending Access-A-Bus service to the full service day, regardless of hours of operation of conventional service in the area.
2. Direct Halifax Transit to propose revisions to the current set of Eligibility Criteria for use of the Access-A-Bus service with the aim of restricting eligibility to those who cannot use the conventional transit service. 
3. Direct Halifax Transit to continue charging registered Access-A-Bus users standard rates to ride the conventional transit system; and
4. It is further recommended that Halifax Regional Council request a staff report to the Transportation Standing Committee that will, after consultation with the Taxi & Limousine Liaison Group, taxi operators, and dispatch companies, present options for the development of a service delivery contract or other arrangements with taxi operators and dispatch companies that will support a sustainable framework to ensure the 24 hour provision of an accessible taxi service.
 

14.3 MEMBERS OF COUNCIL
14.3.1 Councillor Mancini – Enforcement of By-law C-300 regarding Posting of Civic Addresses [PDF]
Motion:
That Halifax Regional Council request a staff report on methods to ensure civic address numbers are visible at all times on all properties either by enforcing the posting of the blue/white civic number signage and/or enforcing Sections 5, 7, 11 and 12 of By-Law C-300.   

14.3.2 Councillor Zurawski – Name Change for Industrial Park located in Beechville [PDF]
Motion:
That Halifax Regional Council request a staff report to consider renaming the ‘Lakeside Industrial Park’ to the Beechville Industrial Park. The report should also include consideration to be given to renaming Lakeside Park Drive to Beechville Park Drive.

14.3.3 Councillor Mancini – Regional Mountain Bike Strategy [PDF]
Motion:
That Halifax Regional Council request a staff report on developing a Regional Mountain Bike Strategy similar to that of Western Australia and British Columbia, including:
1)    The formation of a Regional Mountain Bike Advisory Committee comprised of key stakeholders (such as Mountain Bike Halifax) to help guide the Strategy.  
2)    Identifying and strategic planning of sustainable Mountain Bike Trails / infrastructure in HRM
3)    Identify funding sources.
A combined initiative from a Recreation, Ecotourism (similar to the British Columbia Mountain Bike Tourism initiative), Health & Wellness perspective to develop and market Mountain Biking in HRM to become a world-class destination.

14.3.4 Councillor Austin – Pollution Control Study for Lake Banook [PDF]
Motion:
That Regional Council request a staff report for a pollution control study of Lake Banook and Lake Micmac.

14.3.5 Councillor Blackburn – HRM Children’s Charter of Rights [PDF] 
Motion:
That Halifax Regional Council request a staff report on creating an HRM Children’s Charter of Rights guided by the belief that “all children deserve basic rights and freedoms and that all levels of government, in partnership with communities, have a duty to support families by putting the health and well-being of children first.”1 The HRM Children’s Charter of Rights is to include areas under the municipal mandate as outlined in the MGA and Halifax Charter and should include consideration of:  
1. The Right to Affordable Housing:  enforce minimum standards in dwellings with young children and ensure affordable housing is considered with every new development and/or renovation project
2. The Right to Affordable Child Care: consideration of permitting more “home-based” or neighbourhood day care centres in Municipal Planning Strategies and Land Use By-Laws.   
3. The Right to Access Healthy Food:  Encourage more community gardens, Mobile Food Markets.  
4. The Right to Safety: ensure the Integrated Halifax Regional Police / RCMP continue Community Officers presence in the schools / communities and the School Crossing Guard Program; Traffic: ensure pedestrian infrastructure (sidewalk/crosswalk) is adequate especially in elementary school districts.
5. The Right to Safe Potable Water: work with Halifax Regional Water Commission by developing options to assist families in danger of having water services cut. 
6. The Right to Recreation and Healthy Lifestyle:  continue to offer affordable recreation activities for all; consider expanding the Inclusion Program as required; ensure Community Space is included in all developments; Continue Active Transportation and Integrated Mobility Plan and trail development to ensure healthy/active living options for families.  

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:

16.1 In Camera (In Private) Minutes – August 15, 2017
Motion: 
That the In Camera (In Private) minutes of August 15, 2017 be approved as circulated.

16.2 Legal Advice
A matter pertaining to legal advice eligible for solicitor-client privilege.

16.2.1 In-Camera Minutes – Private and Confidential Report
Motion: 
That Halifax Regional Council authorize the release of a copy of the in-camera minutes with redactions as shown in Attachment 1 and in accordance with the discussion section of the private and confidential staff report dated August 22, 2017. 
It is further recommended that the private and confidential staff report dated August 22, 2017 not be released to the public. 

16.3 Property Matter
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: 

16.3.1 Councillor Austin – Land Acquisition – Private and Confidential Report 
Motion: 
That Halifax Regional Council request a staff report on possible acquisition of lands or, an easement, as outlined in the private and confidential Councillor request for consideration form. 
 

17. ADDED ITEMS

Additions:

17.1 Councillor Mancini – Multilingual Service Available Policy [PDF]
Motion:
That Halifax Regional Council request a staff report on the implementation of an HRM-wide Multilingual Service Available Policy that would request all HRM facilities providing customer service (Access Centres, Arenas, Libraries, Pools, Recreation Centres, etc.) to advise in what language service can be provided at that location.    

17.2 AUDIT AND FINANCE STANDING COMMITTEE and HERITAGE ADVISORY COMMITTEE- Request for Financial Assistance and to enter into a Heritage Agreement with St. Paul’s Church, 1749 Argyle Street, Halifax  [PDF]
Motion:
That Halifax Regional Council approve the following, conditional upon i) the execution of the Heritage Agreement as found at Attachment A of the staff report dated August 17, 2017 with the Parish of St. Paul’s and its registration at the Land Registry Office, and ii) the execution of a Contribution Agreement with the Government of Canada: 
1. the provision of in-kind financial assistance of a value up to but not exceeding $500,000, with a net municipal project cost up to but not exceeding $250,000, to the Parish of St. Paul’s for the restoration of a portion of the perimeter ironstone wall and cast iron fencing surrounding St. Paul’s Church in accordance with the Heritage Agreement as found at Attachment A, with funding as outlined in the Financial Implications section of the staff report dated August 17, 2017;
2. an unbudgeted withdrawal of $250,000 from the General Contingency Reserve (Q421) to the project budget to fund the net municipal cost of the financial assistance; and
3. the expansion of the scope of work, in the 2017-18 fiscal year, as found in the Heritage Agreement as found at Attachment A of the staff report dated August 17, 2017 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 $250,000, and to authorize any necessary amendments to the Heritage Agreement to reflect the expanded scope of work.
4. Approve the proposed Heritage Agreement as found at Attachment A of the staff report dated August 17, 2017 with the owner of the municipal heritage property located at 1749 Argyle Street, to restore a portion of the perimeter ironstone wall and cast iron fencing in accordance with the terms contained therein; and
5. Authorize the Mayor and Municipal Clerk to execute the Heritage Agreement as found as Attachment A of the staff report dated August 17, 2017 within 120 days, or any extension thereof granted by Council on the request of the applicant, from the date of this approval by Halifax Regional Council and any other bodies as necessary whichever approval is later, including any applicable appeal periods; otherwise this approval will be void and obligations arising hereunder shall be at an end.
6. Direct the Chief Administrative Officer (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 $250,000, subject to Regional Council’s approval of the provision of financial assistance and the Heritage Agreement as set out in the staff report dated August 17, 2017.

18. NOTICES OF MOTION

19. ADJOURNMENT

________________________________________
 
INFORMATION ITEMS
September 19, 2017

1. Proclamation – Prostate Cancer Awareness Month – September 2017 [PDF]

2. Proclamation – International Right to Know Week – September 25 - October 1, 2017 [PDF]

3. Proclamation – Taoist Tai Chi Awareness Week – September 25 - October 1, 2017 [PDF]

4. Memorandum from the Deputy Municipal Clerk dated September 11, 2017 re: Requests for Presentation to Council - None [PDF]