PRESENT:
Councillor Ron Cooper, ChairSTAFF:
Mr. Ken Silver, Planning and Development Coordinator, Halifax Transit2. APPROVAL OF MINUTES
3. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS
4. BUSINESS ARISING OUT OF THE MINUTES - NONE
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
12. ADDED ITEMS
14. PUBLIC PARTICIPATION - NONE
16. NEXT MEETING
1. INVOCATION
The meeting was called to order at 7:00 p.m. with an invocation.
2. APPROVAL OF MINUTES
MOVED by Councillors Sarto and Hetherington that the minutes of September 10, 1998 be approved as circulated. MOTION PUT AND PASSED.
3. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS
Additions
Infrastructure ChargeLegislationn - Councillor Cooper
Changes in Portland Estates West Development Agreement - Councillor Hetherington
MOVED by Councillors Hetherington and Schofield that the Order of Business, as amended, be approved. MOTION PUT AND PASSED.
4. BUSINESS ARISING OUT OF THE MINUTES - NONE
5. MOTIONS OF RECONSIDERATION - NONE
6. MOTIONS OF RESCISSION - NONE
7. CONSIDERATION OF DEFERRED BUSINESS - NONE
9. CORRESPONDENCE, PETITIONS AND DELEGATIONS
9.1 Correspondence to Brian Taylor from Kevin Deveaux, MLA and Correspondence from Roel Vis, Halifax Transit re: Bus Route for Cow Bay, Cole Harbour and Eastern Passage
Councillor McInroy expressed concern that there are tax rate implications for the extension of transit to Cow Bay impacting on the properties by bringing them under the Urban Tax Rate structure. He stated he wished the Deputy CAO and Director of Transportation be apprised that he, as Councillor, was not given the courtesy of consultation with regards to this particular issue. He advised a bus route for the indicated area would involve miles of deadheading with empty buses. The Councillor indicated that no factual information with regards to costs was included with the correspondence.
MOVED by Councillors McInroy and Schofield that the Harbour East Community Council send a letter to the Deputy CAO and the Director of Transportation, with a copy to Mr. Meech, CAO, expressing concern with regards to implementing such a service and ask that in future staff ensure the Councillor concerned is afforded the courtesy of being consulted.
Councillor Hetherington questioned why the correspondence, dated August 24, 1998, was not immediately forwarded to the Councillor for the area and a consultation held with said Councillor. He stated the concern is not with the extension of transit but rather the impact on the community of Cow Bay if they are taxed under the Urban Tax Rate.
Mr. Ken Silver, Halifax Transit, advised the letter from Mr. Vis was neither a yes nor a no but rather an acknowledgement and indication that it would be considered as part of the budgetary process. He apologized for not immediately informing the Councillor but stated the Councillor would have been consulted at the time the proposal was developed.
9.2 Response from Legal regarding designation of pet parks under the Dog By- law
Community Council reaffirmed the motion passed at the September 3, 1998 meeting namely that the Harbour East Community Council endorse the leash law as is without designating specific parks as leash free areas.
10.1 Motorized Craft on Lakes
Councillor Cooper advised he had received a number of calls regarding seadoos on lakes noting no response has been received from staff with regards to previous requests.
Councillor Hetherington advised that Dartmouth had dealt with the matter relative to Lake Micmac and Banook advising rules and regulations had been established. The Councillor advised authority is given to Municipalities regarding regulation of lakes.
Councillor Greenough noted there is ongoing concern on Lake Micmac of endangerment of rowers and paddlers by the reckless use of motorized craft.
MOVED by Councillors Greenough and Cunningham that this item be referred to a future meeting at which time the regulations developed by the Former City of Dartmouth be brought forward. Further, staff be requested to advise on steps that may be taken to incorporate all areas of the Harbour East Community Council under the Dartmouth Lakes Advisory Board. MOTION PUT AND PASSED.
12.1 Infrastructure Charge Legislation
Councillor Cooper referenced Attachment 2, 117 (a)(2) of the report that had gone to Regional Council. He noted the word "expanded" referred to water systems, waste water, streets, upgrading intersections, new traffic signs, signals and new transit buses and questioned whether the Harbour East Community Council was fully cognisant of the implications of that, i.e. how it will be interpreted by staff. He questioned whether the staff interpretation would be that every time a stop sign is erected it will be charged to an infrastructure charge in the community. If a transit bay is built, will the cost of any land as well as any planning and engineering be charged to the community. He stated he has some concerns with the implications of this.
Councillor Hetherington stated it was his understanding that legislation was endorsed by Council which would enable the Municipality to impose development charges on new development to recover costs of infrastructure needed to service future developments. He stated he agreed with this as it would be the initial charge but he stated the document is not clear on whether it is talking of future roads within a development. He stated this is in the general tax rate. He stated he voted on the understanding that it would be strictly new development and new subdivisions that would be paying the betterment charge which would go towards the lot cost. The Councillor suggested a legal interpretation be sought.
Councillor Cooper stated his reason for bringing the issue before Community Council was to request an explanation on how this would be applied. If a bus route is expanded to another part of the same subdivision, are all residents going to be charged or will it be covered.
MOVED by Councillors Hetherington and Schofield that staff this be referred to staff for an interpretation and clarification.
Councillor Greenough stated it was his understanding that there are many situations whereby the main sewer system will not allow additional hook up because it has reached its capacity. If the Municipality is then forced, because of it allowed too much development in a given area, to go in and upgrade there is no way, at the present time, of recovering those costs from those who tapped into the system causing the problem. He stated he feels the Municipality needs a mechanism by which, in fairness and equity, pass those costs on to those who benefit from the municipal services stating this should apply to additional hook ups to the sewage system.
Councillor Cooper expressed concern that if a new subdivision is developed and a set of traffic lights is installed in the older part everyone will have to pay, stating they should not.
12.2 Changes in Portland Estates West Development Agreement - Councillor Hetherington
Councillor Hetherington noted changes had been made in the Portland Estates West Development Agreement. He advised some of these changes were classed as less than substantive changes one of which was an apartment building being downsized to townhouses. The Councillor advised the agreement stated that if anything was undersized or downsized it was automatically approved and did not have to come back to Council. He further noted that some recreational trails leading down to the lake have been taken out and there is also a reconstruction/redesign of a street which is completely different from what was in the original agreement. He stated he would consider those substantive changes.
The Councillor requested the Community Council ask the planning department for a comparison between the development agreement that was approved by Dartmouth City Council and the agreement in place today. He requested they justify any changes and how they would classify them as less than substantive.
MOVED by Councillors Hetherington and Greenough that planning staff be requested to do a comparison on the Development Agreement for Portland Estates West that was approved by the Former City of Dartmouth and the one in place today. Further, justification of any changes be provided as well as clarify what would be classified as less than substantive changes. MOTION PUT AND PASSED.
Councillor Hetherington requested this information be provided to the Community Council within two weeks.
12.3 Micmac Mall Time Capsule
Councillor Schofield suggested a photo of the Community Council be signed by each member and provided for the time capsule.
14. PUBLIC PARTICIPATION - NONE
15. ITEMS FOR NEXT AGENDA
By-Law Enforcement - Setbacks and sideyard clearances for storage sheds - Councillor McInroy
Councillor Hetherington noted that the Clayton Development application was a three stage application namely, an MPS change, a CDD application and a rezoning of a CDD. He advised that this Community Council deals only with the rezoning application and advised Ms. Davis-Lohnes is checking with the solicitor whether under the Municipal Act, when you are doing an MPS and CDD designation and rezoning, that it is all approved by Regional Council.
Consolidation of Lakes of Harbour East under one advisory board - Councillor Cooper
16. NEXT MEETING
The next meeting is scheduled for Thursday, November 12, 1998 at 7:00 p.m.
17. ADJOURNMENT
MOVED by Councillors Sarto and McInroy that the meeting be adjourned at 7:45 p.m. MOTION PUT AND PASSED.
Julia Horncastle
ASSISTANT MUNICIPAL CLERK
