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Chebucto Community Council May 4, 1998 Agenda

THOSE PRESENT:

  • Councillor Bill Stone, Chairman
  • Councillor Ron Hanson
  • Councillor Russell Walker
  • Councillor Stephen D. Adams

ALSO PRESENT:

  • John MacKay, Director of Works and Natural Services
  • Bruce Fisher, Budget Coordinator
  • Donna Davis-Lohnes, General Manager, Planning Services
  • Gary Porter, Planner Julia Horncastle, Assistant Municipal Clerk

TABLE OF CONTENTS


TABLE OF CONTENTS

1. INVOCATION

The meeting was called to order at 7:00 p.m. with an Invocation.

2. APPROVAL OF MINUTES - APRIL 6, 1998

MOVED by Councillors Walker and Hanson to approve the Minutes of meeting held on April 6, 1998 as circulated. MOTION PUT AND PASSED.

3. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS

Added Items: Community Councils - Councillor Adams

Bayview Road Public Meeting - Councillor Stone

MOVED by Councillors Adams and Hanson to approve the Order of Business as amended. MOTION PUT AND PASSED.

4. BUSINESS ARISING OUT OF THE MINUTES

4.1 Snow Removal from Sidewalks

A Staff Report dated May 4, 1998 was before Community Council entitled "Sidewalk Snow Clearance Area Rates by District".

John MacKay, Director of Works and Natural Services advised that a budget recommendation came forward to Council that across HRM only the sidewalks abutting HRM property be plowed and that the past practice, primarily in the former City of Halifax, apply to all - making abutting property owners responsible for plowing sidewalks. In the former County, Town of Bedford and City of Dartmouth, sidewalks were plowed by the Municipality for which an area rate was charged at .7 cents. The proposal was to have uniform service across HRM for the upcoming winter.

Further, Mr. MacKay advised that Regional Council had decided to strike a Sidewalks Snow Clearance Review Committee and all Community Councils were being requested to provide comments to the Committee. A proposal regarding area rates was contained as part of the Staff Report.

Councillor Walker said he has requested that staff provide clarification on the kilometres in each District, particularly with regard to sidewalks in front of schools. He had obtained information that if Community Council wanted to put an area rate of one cent on, it would raise $200,000. This information would be valuable in future if there was consideration being given to future projects. He added he was a member of the Committee but requested that the actual breakdown of sidewalks for Districts 15, 16, 17 and 18, excluding parks, HRM property and schools be provided. He noted that the financial information provided included the possibility of raising 2 cents overall but he was interested in an area rate for Chebucto Community Council area. If everybody was covered, it would cost 2 cents but if Chebucto Community Council did its own, it would only cost one cent and he did not want to subsidize everybody else.

Mr. MacKay agreed that the information Councillor Walker requested would be made available to the Committee.

Councillor Adams asked if 1.1 cents included just residential or was it commercial as well. If so, this would mean that commercial property owners with sidewalks would have them plowed with residential tax dollars. In reply, Mr. Fisher advised this was correct because if there was a commercial building next to a residential, they would not move out onto the street and go around the building. On the other hand, the HRM Act precludes putting an area rate on commercial taxpayers. If there was a wish to change the HRM Act, it would have to go to the Legislature. He did not think, however, this was a good time to go forward with a change because there were a number of changes proposed now that have not gone through the Legislature because the process was taking a long time.

Councillor Adams referred to the former District 5 where there was a half kilometre of sidewalk in Herring Cove. He said he would have a hard time putting an area rate on all of District 18, and even the former District 5 area of the County, for Herring Cove. He asked that the former District 5 be excluded in keeping with not paying for services you do not receive.

Councillor Hanson added there were not many sidewalks in District 17 either.

Councillor Stone asked if it would be possible to be selective in the streets to be plowed - which everybody would use, i.e. doing the arterial, collector and main streets rather than every street with a sidewalk. He cited as an example Bedford Highway, Kearney Lake Road and Dunbrack Street. Mr. MacKay asked, therefore, if it would be the intent to still require the property owners in other areas to clear their sidewalks. When Councillor Stone replied yes, Mr. MacKay said that would be possible.

Councillor Stone said that if selective sidewalks could be done, it would cut the cost considerably.

Councillor Stone thanked staff for attending and said he hoped the matter could be resolved. As Councillor Walker was the representative on the Sidewalks Snow Clearance Review Committee, Community Council members had raised issues that he could bring forward to the Committee.

4.1.2 Waters Advisory Boards and Committees

A Memorandum dated April 24, 1998 from Donna Davis-Lohnes, General Manager, Planning Applications was before Community Council dealing with two waters advisory boards -Halifax County Watershed Advisory Board and Halifax Lakes and Waterways Advisory Committee.

Donna Davis-Lohnes, General Manager, Planning Services advised that since Chebucto Community Council's jurisdiction is for portions of both the former County and City area and there were two Boards relating to those geographical areas, there was an opportunity to have those two Boards provide comments if that was the wish of Community Council. The report suggests, however, that the structure of waters advisory boards should be considered and three options were contained in the report in this regard. The options were outlined. The recommendation from staff was to have one of the existing Boards in place, such as Halifax County Waters Advisory Board, and expand its mandate to provide advice to Chebucto Community Council. It was expected that there would be a restructuring of the Boards within the next six to eight months in any event. The Chair of Halifax County Waters Advisory Board had agreed to take on the extra workload, which would make more sense than to create another committee on in interim basis.

Councillor Stone asked, if Community Council agreed to have Halifax County Waters Advisory Board, would it be possible to include representatives from the various waters advisory boards to add to the committee. In response, Ms. Davis-Lohnes advised there was flexibility in the Terms of Reference to enable additional members to be appointed but staff was suggesting adding members from the former City of Halifax.

Ms. Davis-Lohnes added that part of the recommendation included implementation and it would be recommended that representatives from this Community Council and the other Community Councils affected get together and make appointments to the Board. If that was the direction that Community Council wished to go, there would have to be a minor change to the Terms of Reference to the Halifax County Waters Advisory Board because it makes reference to the geographical area of the former County.

Councillor Walker asked for clarification because Halifax Peninsula Community Council had requested that Chebucto Community Council approve appointments to Halifax Lakes and Waterways Advisory Committee but now the recommendation was coming forward to adopt Halifax County Waters Advisory Board as an interim measure. He asked if there had been any input from Halifax Lakes and Waterways Advisory Committee members. In reply, Ms. Davis-Lohnes advised she understood that since amalgamation they had not met on a regular basis.

Councillor Walker further pointed out that Halifax Peninsula Community Council did not have any water to obtain advice on and, as well, was on hold until the election of a Councillor for District 14. Even then it was unknown if the elected person would join Community Council. In his opinion, Chebucto Community Council did not need their support anyway. He asked if Chebucto Community Council agreed to have Halifax County Waters Advisory Board as its advisory body, what would happen with Halifax Lakes and Waterways Advisory Board.

Ms. Davis-Lohnes advised that would make it redundant. She suggested that three appointees from the former City of Halifax area could be appointed to Halifax County Waters Advisory Board.

Concern was expressed that with only appointing three members on behalf of Chebucto Community Council, there would be a large number on the Board from the former County.

In reply, Ms. Davis-Lohnes advised that Chebucto Community Council could make a change if it was not satisfied in a few months.

MOVED by Councillors Adams and Walker to have Halifax County Waters Advisory Board expand its mandate to include representation from Districts 15, 16, 17 and 18. MOTION PUT AND PASSED.

4.2 Appointments to Halifax Lakes and Waterways Advisory Board

MOVED by Councillors Walker and Adams that at this time no appointments be made to Halifax Lakes and Waterways Advisory Board as there is no need to do so. MOTION PUT AND PASSED.

5. MOTIONS OF RECONSIDERATION - None

6. MOTIONS OF RESCISSION - None

7. CONSIDERATION OF DEFERRED BUSINESS - None

8. PUBLIC HEARINGS - None

9. CORRESPONDENCE, PETITIONS AND DELEGATIONS - None

10. REPORTS

10.1 Case 7504 - Request for an Amendment to the Halifax Municipal Planning Strategy - Melville Ridge (District 17)

A Staff Report dated April 8, 1998 was before Community Council along with correspondence dated May 1, 1998 from Peter Corkum, 28 Melville Avenue, Halifax.

Gary Porter, Planner provided an overview of the Staff Report with the aid of overheads. He also explained that since staff was not prepared to recommend a Plan Amendment for a large building originally proposed by the applicant, the applicant revised the submission and a Staff Report was subsequently finalized with a recommendation. Since then, however, the residents expressed concern about the type of building and suggested some changes. That information was contained in the letter from Mr. Corkum.

Councillor Stone asked if Community Council could deal with the changes included in Mr. Corkum's letter at this time. In reply, Mr. Porter advised this was the first part of a two-part process - a Plan Amendment - and Community Council would provide Regional Council with a recommendation. It could be handled in two ways - adopt the Staff recommendation and add whatever conditions Community Council wanted or instruct staff to do that and come back with a final report incorporating all these things. Being a Plan Amendment, the policy could be written which would become the regulations that the project would be evaluated against when the applicant comes back to apply for a Development Agreement before Community Council.

Councillor Stone asked how Community Council wished to proceed. Discussion took place on whether or not to hear from the applicant and then, in that case, it would be only fair to hear from the residents as well. The Chair having taken a poll of who wished to speak, it was agreed to hear them.

Mr. Richard Kassner, Kassner/Goodspeed Associates, on behalf of the applicant, provided information on the alternate proposal he had been asked to put together only today.

Councillor Walker asked why a full fourth floor was not going to be constructed. He was told there would be obstructed views from the building across the road. The objective was to keep everything below the tree line so no one's views would be obstructed.

Councillor Walker asked if the water would go in on Melville. In reply, Mr. Raju explained the proposal.

Mr. Peter Corkum said he was not aware there was another plan and his letter was for reinforcing and adding to the Staff Report relating to Map 6. He was not sure he agreed with what was now being presented.

Councillor Stone said he understood that at Mr. Corkum's suggestion, the applicant had tried to accommodate his suggestions and this was the only way they could do it.

Mr. Corkum said he thought the building might be saleable if the applicant, for instance, moved the building back on Ramsgate Lane. He suggested that people should be given an opportunity to respond.

Mr. Curtis McIntyre said he agreed that Mr. Corkum's letter was a reflection of the Staff Report and it would be necessary to take the new proposal back to the residents. As well, the fourth level would be along the Ramsgate Lane elevation and not along the perpendicular. With regard to water, the proposed amendments suggest that water will be provided to the residents on condition of approval of the application. He understood water was a separate issue.

Mr. Kassner asked to be able to provide clarification. It was agreed that clarification should be provided from staff.

Councillor Hanson said that in light of what has occurred tonight, there should be more time and he was moving a motion to defer.

MOVED by Councillors Hanson and Adams to defer to the next meeting.

Councillor Stone asked for comments from Mr. Porter prior to question on the motion.

Mr. Porter advised that the question tonight was approval of a Plan Amendment and provided further clarification as requested.

Councillor Stone asked if it was the intention of the deferral to have staff meet with the developer to look at the new information and bring back a new proposal.

Mr. Kassner stated the applicant has made every attempt to accommodate the residents.

Councillor Hanson asked for clarification as to the process, which was provided. Following that, Councillors Hanson and Adams agreed to withdraw the motion of deferral.

MOTION WITHDRAWN.

MOVED by Councillors Hanson and Adams to recommend to Regional Council that the Halifax Municipal Planning Strategy as set out in Appendix C of the Staff Report dated April 8, 1998 be amended to enable a Development Agreement to permit an 80 bed residential care and retirement facility on Lot 4 in the Melville Ridge Senior Citizens retirement community, incorporating the suggestions as outlined in the correspondence, dated May 1, 1998 from Mr. Peter Corkum. MOTION PUT AND PASSED.

10.2 Case 4662 - Extension of Completion Date - Lot RP-19, Anchor Drive, Regatta Point, Halifax

A Staff Report dated April 9, 1998 was before Community Council.

MOVED by Councillors Hanson and Adams to accept the staff recommendation to extend the time limit for completion of development of Lot RP-19 Regatta Point to December 31, 1999. MOTION PUT AND PASSED.

11. MOTIONS - None

12. ADDED ITEMS

12.1 Community Councils

Councillor Adams referred to the fact that certain Councillors, formerly of Halifax County, have decided to leave their Community Council. When Community Councils were first added to the protocol of Regional Council, there had been hesitation on the part of some Councillors from the former City of Halifax. He stated that now, however, he liked the concept of Community Councils since they were good for the public, for public input, were more personal, allowed flexibility and were an unselfish method of dealing with issues in the communities that would otherwise not be of interest to others. As well, it takes some of the workload off Regional Council itself.

MOVED by Councillors Adams and Walker to reaffirm its commitment to the Community Council structure of government and its present complement of Councillors.

Councillor Hanson said he understood there was interest on behalf of other Councillors to join Chebucto Community Council but he thought the status quo should be retained.

Councillor Stone pointed out that no one from Chebucto Community Council had been asked to comment on the Community Council structure because at this time the negative aspects have been brought forward. He supported Councillor Adams' comments and felt that Chebucto Community Council has worked out quite well. If minor variances and planning issues were all brought to Regional Council, Regional Council meetings would extend well into the morning.

MOTION PUT AND PASSED.

12.2 Bayview Road Public Meeting

Councillor Stone advised that a Public Meeting would be held on Monday, May 11, 1998 re the above at 7:00 p.m. at Clayton Park Junior High.

13. NOTICES OF MOTION

Councillor Adams gave the following notice of motion:

Take notice that at the next regularly scheduled meeting of Chebucto Community Council to be held on Monday, June 1, 1998, I will introduce a motion to have Community Council consider increasing the transit area rate by .2 cents to allow for community transit in the former District 5 from village road through sambro to capt. Wm. Spry community centre in Spryfield.

14. PUBLIC PARTICIPATION

Ms. Mary Ann McGrath, 33 Hamshaw Drive raised the following points:

  • She referred to a Public Information Meeting held recently regarding the proposed development at Hemlock Ravine. She asked for information with regard to the process after that meeting. The Chair provided information as requested.

She provided information re her concerns with Schedule K and requested that the Municipal Planning Strategy be revisited with a view of getting public input and look at what the overall plan for Mainland North should be in future.

  • She read from prepared text with regard to supplementary funding for education and how the School Board used the funds.

In reply, Councillor Walker advised that he thought that assessments for residential and commercial had been reduced which resulted in the fact that a lesser amount of money was raised. Councillor Adams explained that Council could not mandate where the money was spent and provided some examples. Councillor Stone also expressed concern with not knowing how the money is being spent or where and provided examples.

Ms. Debbie Hunt, Co-Chair, Clayton Park Junior High School raised the following points:

  • She referred to the Public Information Meeting re Bedford Basin Estates, advised she had made a presentation re its impact of schools on Mainland North and provided information on school enrollment. She advised of other concerns such as environmental impact on Hemlock Park, sewer and water costs, traffic flow, density impact, greenbelt area. She had sent a letter to Stephen Feist, Planner with copies to Councillors. She expressed support for an overall Master Plan for the undeveloped Schedule K land.
  • With regard to supplementary education funding, she advised she had written a letter to Councillors expressing concern with the 10% cutback and the impact on Mainland North schools. She acknowledged Councillors concerns with regard to the School Board being unaccountable for spending.

Mr. William Phillips, 9 Crestview Drive raised the following points:

  • He supported the Community Council concept. It was not only good for Councillors but provides opportunity for the public to come and express views and concerns and ask questions in an atmosphere less threatening than appearing before Regional Council. He acknowledged that some of the comments he made during Public Participation sessions have resulted in something being done. He particularly referred to a survey being carried out for Flemming Park.
  • He referred to a letter from staff sent to residents of Westgate Drive and Burns Avenue re survey crews working in the area prior to proposed resurfacing. He pointed out, however, that in his opinion Collindale Avenue was in more need of resurfacing and asked the logic of how staff determined which streets take precedent, particularly since Collindale Avenue was a main route for fire apparatus.

Councillor Walker agreed to speak to Mr. Phillips after the meeting in this regard.

15. NEXT MEETING DATE - June 1, 1998

16. ADJOURNMENT

On a motion from Councillor Adams, the meeting adjourned at 9:15 p.m.

Julia Horncastle
Assistant Municipal Clerk