HALIFAX REGIONAL COUNCIL

MINUTES

, Immediately following Budget Committee; Reconvene 6:00 p.m
Council Chamber, 3rd Floor City Hall, 1841 Argyle Street, Halifax
Present:
  • Mayor Andy Fillmore
  • Deputy Mayor Tony Mancini
  • Councillor Cathy Deagle Gammon
  • Councillor David Hendsbee
  • Councillor Becky Kent
  • Councillor Trish Purdy
  • Councillor Sam Austin
  • Councillor Laura White
  • Councillor Virginia Hinch
  • Councillor Shawn Cleary
  • Councillor Kathryn Morse
  • Councillor Patty Cuttell
  • Councillor Janet Steele
  • Councillor Nancy Hartling
  • Councillor John Young
  • Councillor Billy Gillis
  • Councillor Jean St-Amand
Staff:
  • Brad Anguish, Commissioner of Operations
  • Karen Brown, Managing Solicitor
  • Iain MacLean, Municipal Clerk
  • Elizabeth Macdonald, Legislative Assistant
  • Simon Ross-Siegel, Legislative Assistant

The following does not represent a verbatim record of the proceedings of this meeting. 

The agenda, reports, supporting documents information items circulated and video (if available) are online at halifax.ca


Mayor Fillmore called the meeting to order at 1:02 p.m. and acknowledged that the meeting took place in the traditional and ancestral territory of the Mi'kmaq people, and that we are all treaty people. 

Mayor Fillmore thanked Deputy Mayor Deagle Gammon for serving Halifax Regional Municipality as Deputy Mayor over the past year. 

Outgoing Deputy Mayor Deagle Gammon provided remarks of gratitude for their time serving Halifax Regional Municipality as Deputy Mayor over the past year.

MOVED by Councillor Young, seconded by Councillor Austin

THAT Councillor Mancini be nominated as Deputy Mayor of the Halifax Regional Municipality.

MOTION PUT AND PASSED. 

Mayor Fillmore called three times for further nominations for the position of Deputy Mayor; there were none. 

Nominations for the position of Deputy Mayor were closed. 

Councillor Mancini was declared Deputy Mayor of the Halifax Regional Municipality.

Councillors noted special community announcements and acknowledgements.

Additions:
•    Item 18.1 - Environment and Sustainability Standing Committee Councillor Appointment to Halifax Regional Water Commission Board
•    Item 18.2 - Ratification of Budget Committee Motion - Capital Program Update & Advanced Tenders

Deletions: None 

As provided for in section 37 (1) of Administrative Order One, Respecting the Procedures of the Council, Iain MacLean, Municipal Clerk requested that Item 17 - In Camera (In Private) be considered at 1:00 p.m.

THAT the agenda be approved as amended.

MOTION PUT AND PASSED.

Later in the meeting, as provided for in section 37 (1) of Administrative Order One, Respecting the Procedures of the Council, Deputy Mayor Mancini requested that Item 10.1 – Review of Pending Motions be considered prior to Item 17.

As provided for in section 41 (3) of Administrative Order One, Respecting the Procedures of the Council:

•    Item 15.2.1 - Case 24505: Development Agreement for 10 Kirk Road, Halifax for a bare land condominium development and rehabilitation of a registered heritage property was removed from the consent agenda at the request of Councillor Cleary

MOVED by Councillor Deagle Gammon, seconded by Councillor Cleary

THAT Halifax Regional Council approve recommendations on the following item: 
•    15.1.1 – Expansion of Land Titles Clarification Area Boundaries.

MOTION PUT AND PASSED UNANIMOUSLY. 

Not present: Councillor Kent

Councillor Kent declared a conflict of interest for Item 17.1 PROPERTY MATTER.

The following was before Halifax Regional Council:

  • Staff report dated November 22, 2024, revised November 29, 2024 and December 2, 2024
  • Revised handout dated December 10, 2024
  • Correspondence from Kortney Dunsby

The following motion was on the floor from the December 3, 2024 meeting:

MOVED by Councillor Cleary, seconded by Councillor Hartling

THAT Halifax Regional Council direct the Chief Administrative Officer to proceed with the list of ongoing reports for Regional Council outlined in “Attachment 1,” as revised, of the staff report dated November 22, 2024.

MOVED by Councillor Deagle Gammon, seconded by Councillor Mancini

THAT the motion be amended to remove "outlined in “Attachment 1,” as revised, of the staff report dated November 22, 2024" and add "amend item 10.1, Review of Pending Motions, as outlined in the revised handout dated December 10, 2024."

MOTION TO AMEND PUT AND PASSED UNANIMOUSLY. 

The motion as amended now read:

MOVED by Councillor Cleary, seconded by Councillor Hartling

THAT Halifax Regional Council amend item 10.1, Review of Pending Motions, as outlined in the revised handout dated December 10, 2024 and direct the Chief Administrative Officer to proceed with the list of ongoing reports for Regional Council.

Sally Christie, Chief of Staff, Chief Administrative Office responded to questions of clarification from Halifax Regional Council.

MOTION AS AMENDED PUT AND PASSED UNANIMOUSLY. 

MOVED by Councillor Cuttell, seconded by Councillor Morse 

THAT Halifax Regional Council request an information report on updating The Moving Forward Together Plan. The report should include information on a timeline for completion and any other information that can be communicated to the public about Halifax Transit’s plans for updating Halifax Regional Municipality’s Transit Strategy.

Brad Anguish, Commissioner of Operations responded to questions of clarification from Halifax Regional Council.

MOTION PUT AND PASSED UNANIMOUSLY. 

Not present: Councillor Kent

The following was before Halifax Regional Council:

  • Heritage Advisory Committee report dated October 8, 2024 with attached staff report dated September 20, 2024
  • Staff presentation dated December 10, 2024
  • Applicant presentation dated December 10, 2024
  • Correspondence from Allen Robertson

Carter Beaupre-McPhee, Planner III gave a presentation and responded to questions of clarification from Halifax Regional Council.

The hearing opened at 6:36 p.m.

Mayor Fillmore invited the applicant to come forward and address Halifax Regional Council.

Michael Nee, a representative of Holy Cross Cemetery Trust gave a presentation and responded to questions from Halifax Regional Council. Nee spoke to the history of the subject property as a cemetery and the proposed adaptive reuse of the heritage assets. Edward Versteeg, Landscape Architect spoke to the proposed design of a new garden columbarium. Versteeg confirmed that the proposed design would have an entry providing universal access from South Street. Versteeg responded to questions regarding tree coverage, foliage, and fence design.

Mayor Fillmore reviewed the rules of procedure for public hearings and called for anyone wishing to speak on the matter.

William Breckenridge, Halifax spoke against the proposed demolition and in favour of alternative uses of the old keeper's home structure. Breckenridge spoke to the previous efforts of neighbours to establishing the Schmidtville Heritage Conservation District and the potential loss of heritage assets if the demolition were to proceed. Breckenridge expressed the view that the structure was salvageable. Responding to questions from Councillors regarding Breckenridge's qualifications to express their view that the structure was salvageable, Breckenridge spoke to their experience maintaining their own heritage home. Breckenridge confirmed in response to questions from Councillors that they had personally not been inside the structure.

Andrea Arbic, Dartmouth spoke against the proposed demolition and in favour of alternative uses of the old keeper's home structure. Arbic spoke to architectural features of the structure. Arbic expressed concerns with the perceived reliability of structural engineer's report. Arbic expressed a view that the property owner had neglected their responsibilities to maintain the building. Arbic expressed their opinion that in such cases the Heritage Property Act did not permit demolition of a heritage structure.

Allen Robertson, Halifax spoke against the proposed demolition. Robertson expressed concerns with the perceived reliability of engineer's report and in favour of an independent assessment. Robertson spoke to defining characteristics and expressed that these should be interpreted broadly to capture the entire building envelope. Robertson spoke to statutory considerations.

Larry Haiven, Halifax spoke against the proposed demolition. Haiven spoke to previous efforts of neighbours in establishing the Schmidtville Heritage Conservation District and the potential loss of heritage assets if the demolition were to proceed. Haiven expressed the view that the property owner had neglected their responsibilities to maintain a heritage structure.

David O'Caroll, a representative of the Archdiocese of Halifax/Yarmouth spoke to the history of the structure and damage. O'Caroll spoke to their experience as a structural engineer and their assessment of the current condition of the heritage building.

Mayor Fillmore invited the applicant to respond to questions raised by the public.

Nee responded to questions raised by the public. Nee stated that the old keeper's home had undergone several additions and modifications and that the building did not share architectural features with other houses which are part of the South Street streetscape. Nee expressed that the adaptive reuse would honour the use of the historic site as a cemetery.

MOVED by Councillor Cleary, seconded by Councillor Steele

THAT the hearing be closed.

MOTION PUT AND PASSED.

The hearing closed at 7:14 p.m.

Beaupre-McPhee responded to questions of clarification from Halifax Regional Council. Beaupre-McPhee provided clarifications regarding the demolition application process and statutorily permitted uses of the property. Beaupre-McPhee provided information regarding staff's evaluation of defining features in the application. Beaupre-McPhee spoke to staff's assessment of the structure and the building official's confidence in their assessment of the structure. They spoke to limitations in the Heritage Property Act to require property owners to undertake remediation of heritage assets.

MOVED by Councillor White, seconded by Councillor Kent

THAT Halifax Regional Council:

1. Approve the application by the Archdiocese of Halifax-Yarmouth under the Heritage Property Act to demolish the registered heritage property at 1259 South Park Street, Halifax, subject to the following conditions:

a. The stone masonry wall on the northern boundary of the subject property must be retained in-situ;

b. The original 1846 stone foundations of the Cemetery Keeper’s House (1259 South Park Street) must be retained in-situ and daylighted (made visible to the public);

c. Interpretive signage explaining the heritage significance of the foundations must be installed by the applicant near the foundations;

d. Any columbaria or other structures to be erected on the property must be built within and/or around the foundations without removing or unduly obscuring the foundations; and

e. The applicant must comply with Schmidtville Heritage Conservation District By-law requirements for a Certificate of Appropriateness for any new buildings or structures, including columbaria; and,

2. Direct the Heritage Officer to issue a Certificate of Appropriateness in accordance with the Schmidtville Heritage Conservation District Plan and By-law for the demolition of the contributing heritage resource. 

MOTION PUT AND PASSED. (15 in favour, 1 against) 

In favour: Mayor Fillmore, Deputy Mayor Mancini, Councillors Deagle Gammon, Hendsbee, Kent, Austin, White, Cleary, Morse, Cuttell, Steele, Hartling, Young, Gillis, St-Amand

Against: Councillor Hinch

Not present: Councillor Purdy

Correspondence was received and circulated for items: 10.1, 12.1, 15.2.1 and 15.3.1

For a detailed list of correspondence received refer to the specific agenda item. 

13.2

 

None

15.

 

The following was before Halifax Regional Council:

  • Staff report dated November 4, 2024

The following motion was approved as part of the Consent Agenda:

MOVED by Councillor Deagle Gammon, seconded by Councillor Cleary

THAT Halifax Regional Council:

1. Approve the proposed Land Titles Clarification Area (LTCA) boundary expansion for the North Preston, East Preston, and Cherry Brook/Lake Loon area in accordance with the boundary maps attached as Attachment 2 of the staff report dated November 4, 2024.

2. Direct the Chief Administrative Officer to take all other steps necessary to expand the LTCA boundaries, in accordance with the terms and conditions contained in the staff report dated November 4, 2024.

MOTION PUT AND PASSED UNANIMOUSLY. 

Not present: Councillor Kent

The following was before Halifax Regional Council:

  • Staff report dated October 21, 2024

MOVED by Councillor Deagle Gammon, seconded by Councillor Cleary

THAT Halifax Regional Council repeal Administrative Order 52, the Code of Conduct for Elected Officials Administrative Order and adopt Administrative Order 2024-004-GOV, the Code of Conduct for Elected Officials Administrative Order, as set out in Attachment 1 of the staff report dated October 21, 2024.

Elise Martino, Solicitor, Brad Anguish, Commissioner of Operations and Iain MacLean, Municipal Clerk responded to questions of clarification from Halifax Regional Council.

MOTION PUT AND PASSED UNANIMOUSLY. 

Not present: Councillor Kent

The following was before Halifax Regional Council:

  • Staff report dated October 31, 2024

MOVED by Councillor Cleary, seconded by Councillor Deagle Gammon

THAT Halifax Regional Council adopt the proposed amendments to Administrative Order 29, Respecting Civic Addressing Policies as set out in Attachment A of the staff report dated October 31, 2024 in order to approve: 

1. The naming of 13 private roads as identified in Attachment A and Attachment D of the staff report dated October 31, 2024;

2. The naming of 4 public streets as identified in Attachment A and Attachment D of the staff report dated October 31, 2024; and

3. The renaming of 1 public street as identified in Attachment A and Attachment D of the staff report dated October 31, 2024.

4. The correction of the community designation of 1 renamed street as identified in Attachment A of the staff report dated October 31, 2024.

MOTION PUT AND PASSED UNANIMOUSLY. 

Not present: Councillor Kent

The following was before Halifax Regional Council:

  • Staff report dated October 30, 2024

MOVED by Councillor Deagle Gammon, seconded by Councillor Cleary

THAT Halifax Regional Council adopt the amendments to Administrative Order 18, the Revenue and Collection Policy Administrative Order, as set out in Attachment 2 of the staff report dated October 30, 2024.

Vicki Robertson, Director, Revenue responded to questions of clarification from Halifax Regional Council.

MOVED by Councillor Deagle Gammon, seconded by Councillor Hendsbee

THAT the Amendments to Administrative Order 18 be amended by deleting section 4 which amends provision 4.2.3(h)(6) and adding section 7 and 8 as follows:

7. Amending provision 4.2.3(h)(6) by adding the words “and on the Municipality’s website for” after the words “auction at” and before the word “tax”.

8. Amending Table 3 of Schedule 3 by striking out the word “Metro” after the word “as” and before the word “Transit tickets” and after the word “and” and before the words “Transit passes” in the row beginning with the words “Payments to HRM from parties” and replacing both with the word “Halifax”.

MOTION TO AMEND PUT AND PASSED. (15 in favour, 2 against) 

In favour: Mayor Fillmore, Deputy Mayor Mancini, Councillors Deagle Gammon, Hendsbee, Kent, Purdy, Austin, Hinch, Morse, Cuttell, Steele, Hartling, Young, Gillis, St-Amand

Against: Councillors White, Cleary

The motion as amended now read:

MOVED by Councillor Deagle Gammon, seconded by Councillor Cleary

THAT Halifax Regional Council adopt the amendments to Administrative Order 18, the Revenue and Collection Policy Administrative Order, as amended, and as set out in Attachment 2 of the staff report dated October 30, 2024.

MOTION AS AMENDED PUT AND PASSED UNANIMOUSLY. 

Not present: Councillors Kent, Mancini

The following was before Halifax Regional Council:

  • Halifax and West Community Council report dated November 25, 2024 with attached Heritage Advisory Committee report dated September 12, 2024, and staff report dated September 4, 2024
  • Correspondence from Deborah Hall, Martha R. Leary, Carol Bruneau, Kathleen Hall

MOVED by Councillor Cleary, seconded by Councillor Deagle Gammon

THAT Halifax Regional Council direct the Chief Administrative Officer to provide a supplementary staff report regarding public access to the tow path which crosses the property located at 10 Kirk Road, Halifax and return to Regional Council for consideration of the report.

Elizabeth Cushing, Heritage Planner II and Karen Brown, Managing Solicitor responded to questions of clarification from Halifax Regional Council. 

MOTION PUT AND PASSED. (14 in favour, 3 against) 

In favour: Deputy Mayor Mancini, Councillors Deagle Gammon, Hendsbee, Kent, Purdy, Austin, White, Hinch, Morse, Cuttell, Steele, Hartling, Young, St-Amand

Against: Mayor Fillmore, Councillors Cleary, Gillis

The following was before Halifax Regional Council:

  • Grants Committee report dated December 2, 2024 with attached staff report dated November 13, 2024
  • Correspondence from Janice J. Oakley

MOVED by Councillor St-Amand, seconded by Councillor Young

THAT Halifax Regional Council:
 
1. Approve the addition of thirty-one (31) properties to Administrative Order 2024-001-ADM as detailed in the Discussion section of the staff report dated November 13, 2024 at an estimated combined cost of $212,223 from Operating Account M311- 8006.
     
2. Approve a one-time grant by resolution of Council to AAN 00769851 Halifax Regional Municipality (City of Lakes Amateur Boxing Club) to rectify an error of omission in fiscal year 2023 in the amount of $6,726 from Operating Account M311-8006.
     
3. Approve an Operating Grant for up to three (3) consecutive years to transition six (6) organizations leasing commercial/private property to be removed from the program, commencing April 1, 2024, at a combined cost of $125,658 from Operating Account M311-8006, subject to yearly budget availability.
     
4. Adopt the amendments to Administrative Order 2024-001-ADM, the Tax Relief Administrative Order, as set out in Attachment 2 to the staff report dated November 13, 2024.

Peta Temple, Team Lead Grants Tax & Special Project responded to questions of clarification from Halifax Regional Council.

MOTION PUT AND PASSED UNANIMOUSLY. 

The following was before Halifax Regional Council:

  • Grants Committee report dated December 2, 2024 with attached staff report dated October 3, 2024

MOVED by Councillor Steele, seconded by Councillor Deagle Gammon

THAT Halifax Regional Council adopt the amendments to Administrative Order 2022-005-ADM, the Community Grants Program Administrative Order, as set out in Attachment 2 of the staff report dated October 3, 2024.

MOTION PUT AND PASSED UNANIMOUSLY. 

16.

 

MOVED by Deputy Mayor Mancini, seconded by Councillor Hendsbee

THAT Halifax Regional Council convene to In Camera (In Private) to discuss Item 17.1 PROPERTY MATTER.

MOTION PUT AND PASSED.

Later in the meeting, it was MOVED by  Councillor Cleary, seconded by Councillor Kent

THAT Halifax Regional Council convene to In Camera (In Private) to discuss Item 17.1 PROPERTY MATTER and 17.2 CONTRACT NEGOTIATIONS.

MOTION PUT AND PASSED. 

This matter was dealt with In Camera (In Private) and ratified in public as follows:

The following was before Halifax Regional Council:

  • Private and confidential staff report dated November 26, 2024

Councillor Kent was recused from the meeting during consideration of this item having declared a conflict of interest in the matter.

MOVED by Councillor White, seconded by Deputy Mayor Mancini

THAT Halifax Regional Council:

1. Adopt the recommendations as outlined in the private and confidential report dated November 26, 2024, as amended; and 

2. Release the private and confidential report dated November 26, 2024 to the public once the conditions as outlined in the report have been met.

MOTION PUT AND PASSED UNANIMOUSLY. 

Not present: Councillors Kent, Purdy

Councillor Kent rejoined the meeting at this time.

This matter was dealt with In Camera (In Private) and ratified in public as follows:

The following was before Halifax Regional Council:

  • Private and confidential staff report dated November 27, 2024

MOVED by Councillor Kent, seconded by Councillor Cleary

THAT Halifax Regional Council:

1. Adopt the recommendations as outlined in the private and confidential report dated November 27, 2024; and 

2. Release the private and confidential report dated November 27, 2024 to the public once the conditions as outlined in the report have been met.

MOTION PUT AND PASSED UNANIMOUSLY.

Not present: Councillor Purdy

The following was before Halifax Regional Council:

  • Environment and Sustainability Standing Committee report dated December 9, 2024 with attached staff report dated November 26, 2024

MOVED by Councillor Deagle Gammon, seconded by Deputy Mayor Mancini

THAT Halifax Regional Council adopt the recommendation of the Environment and Sustainability Standing Committee to appoint Councillor Steele as the Environment and Sustainability Standing Committee representative on the Halifax Regional Water Commission Board for a term to November 2026.

MOTION PUT AND PASSED UNANIMOUSLY.

MOVED by Councillor Deagle Gammon, seconded by Councillor Hendsbee

THAT Halifax Regional Council: 

1. Approve the schedule of 2025/26 Advanced Tender Requests as per Attachment 1 of the staff report dated November 15, 2024; and

2. Increase Capital Account CP240001 Lockview High School Park All Weather Field by $2,300,000 for a total 2025/26 budget of $4,200,000.

MOTION PUT AND PASSED UNANIMOUSLY. 

The meeting adjourned at 9:16 p.m.