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HomeMy Public PortalAbout2020-06-04_Council_Public Agenda_Package_Updated June 2, 2020 Page 1 of 2 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Thursday, June 4, 2020 Zoom Meeting broadcast via Facebook Live 151 King Street, Chester, NS 1. MEETING CALLED TO ORDER 2. APPROVAL OF AGENDA/ORDER OF BUSINESS 3. PUBLIC INPUT SESSION (8:45 a.m. to 9:00 a.m.) 4. MINUTES OF PREVIOUS MEETING 4.1 Council – May 28, 2020 5. COMMITTEE REPORTS 6. MATTERS ARISING 6.1 Weekly Work Updates – May 25 to 29, 2020 (information to follow) 6.2 Information Report prepared May 28, 2020 – Community Development and Recreation – Public Concerns 218 Highway 12. 7. CORRESPONDENCE 7.1 Request from Mount Marina Road Association: a. Email requesting administration fees for 2020/21 be waived due to an unforeseen expenditure (washout of road). b. Email from Director of Finance regarding administration fee and reference to By-Law #72. c. Copy of By-Law #74 Private Street Improvement and Maintenance By-Law (refer to Section 4). 8. NEW BUSINESS 8.1 Request for Decision prepared May 13, 2020 – Community Development and Recreation – VPAC Request to Study Heritage Conservation Area for Chester Village. 8.2 Request for Decision prepared May 13, 2020 – Community Development and Recreation – Village Review - Communication and Engagement Plan. Page 2 of 2 9. IN CAMERA 10. ADJOURNMENT Due to COVID-19 measures, the Minister of Municipal Affairs and Housing is allowing Municipalities to video or teleconference Council meetings. When meetings are conducted in this manner during the pandemic, the draft minutes must be posted within 24 hours. Since May 14, 2020, the meetings have been live-streamed on the Municipality’s Facebook Page. 227 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of Meeting of COUNCIL Zoom Teleconferencing via Facebook Live On Thursday, May 28, 2020 MEETING CALLED TO ORDER/ROLL CALL Warden Webber called the Facebook Live videoconference meeting to order 8:48 a.m. Council: Warden Webber (District 4) Deputy Warden Shatford (2) Councillor Assaff (District 5) Councillor Hector (District 1) Councillor Barkhouse (District 3) Councillor Connors (District 6) Councillor Church (District 7) Staff: Dan McDougall, CAO Tara Maguire, Deputy CAO Jennifer Webber, Communications Officer Pamela Myra, Municipal Clerk Legal: Sam Lamey, Municipal Solicitor APPROVAL OF AGENDA/ORDER OF BUSINESS Changes to Agenda/Order of Business:  Add: NSFM Update (CAO).  Add: Road conditions and Update regarding Lake Ramsay Road (Councillor Connors).  Update Request: Sherwood Road – determine from DOTIR if the road will be sand sealed or graded.  Add: Dust issue at new roundabout (Warden Webber).  Thanks: Councillor Barkhouse thanked the Fire Departments who helped in putting out the fire in Chester Grant last Friday and noted that the adjacent landowner, Brady Hennigar, also wished to send his thanks.  Thanks: Councillor Hector thanked staff for setting up the mobile speed radar unit in Blandford. Council (continued) May 28, 2020 228 2020-229 MOVED by Councillor Hector, SECONDED by Councillor Church the Agenda and Order of Business be approved as amended. CARRIED. PUBLIC INPUT No submissions received at the time of the meeting start. MINUTES OF PREVIOUS MEETING 4.1 Council – May 21, 2020. 2020-230 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church the minutes of the May 21, 2020 meeting of Council be approved as circulated. CARRIED. 4.2 Public Hearing Part 2 – Proposed amendments to the Municipal Planning Strategy & Land Use By-law to clarify MPS Policy E-9, add Section 4.28.2 c) to the Land Use By-law and to align zoning with property boundaries to correct visual errors on the Zoning Map – May 21, 2020. 2020-231 MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse the minutes of the May 21, 2020 Public Hearing regarding amendments to the Municipal Planning Strategy & Land Use By-law to clarify MPS Policy E-9, add Section 4.28.2 c) to the Land Use By-law and to align zoning with property boundaries to correct visual errors on the Zoning Map be approved. ALL IN FAVOUR. MOTION CARRIED. COMMITTEE REPORTS 5.1 Chester Village Planning Advisory Committee – Councillor Barkhouse. Councillor Barkhouse noted that the Committee met recently and are beginning the secondary planning review. 5.2 Coastal Action – Councillor Church. Councillor Church provided an update on operations, noting that there has been a reduction in operations and staff due to the loss of a major contract, and unconfirmed or less grants/funding. Council (continued) May 28, 2020 229 MATTERS ARISING 6.1 Weekly Work Updates – May 19 to 22, 2020. There was a clarification on helpdesk tickets as well as an explanation for the need of the clean- up of a camp site at the Haughn property. PUBLIC PRESENTATIONS There were no public presentations at this time. CORRESPONDENCE There were no items of correspondence at this time. NEW BUSINESS 8.1 June 2020 Draft Meeting Calendar. It was agreed that for June, Council meetings would be held every Thursday. The CAO indicated that staff would wait for more information from the province with regard to emergency orders and Council meetings. He noted that recently staff met with the Solicitor regarding the Committee of the Whole/Council cycle and consideration of virtual Committee meetings and in- person Council meetings once the Council Chamber space is prepared for meetings. If the State of Emergency is lifted, the powers to require virtual meetings would end. 8.2 Information Report prepared May 19, 2020 – Community Development & Recreation – Uniform Signage. Chad Haughn, Director of Community Development & Recreation, Garth Sturtevant, Senior Planner, and Emily Statton, Planner, were present in the virtual meeting room to review the information report on uniform signage. It was noted that information was received on May 25th from the NS Department of Transportation & Infrastructure Renewal (DOTIR). Staff will address the comments and return the document for further review. When DOTIR finishes their review and returns the document, Staff can begin the process to put the process in place, i.e. approval of the by-law, signage, Council (continued) May 28, 2020 230 installation, and advertising. It could be in place as early as September or, if later, it may be better to start in the spring of 2021. 8.3 Request for Decision prepared May 5, 2020 – Finance and Information Services – Computer Replacement Program. Malcolm Pitman, Director of Finance & Information Services, and Cliff Gall, Director of Information Services, were present in the virtual meeting room to review the information provided in the Request for Decision prepared May 5, 2020. There was a brief discussion on the possible requirement for bigger screens for iPads. 2020-232 MOVED by Councillor Assaff, SECONDED by Councillor Hector that Council approve the following:  A contract for the supply of laptop and desktop computers be awarded to IMP Solutions in the amount of $98,000, including HST: and  The Director of Information Services be authorized to execute the contract. ALL IN FAVOUR. MOTION CARRIED. 8.4 Emergency Assistance Fund for Community Facilities Application – Integrity’s Haven Equine Rescue Centre Society. Chad Haughn, Director of Community Development and Recreation reviewed the application received from Integrity’s Haven Equine Rescue Centre Society, noting that it is a different than other applications to date, as it deals with a facility for animals rather than a community hall. 2020-233 MOVED by Councillor Barkhouse, SECONDED Councillor Church that Council approve the Emergency Assistance Fund for Community Facilities Application received from Integrity’s Haven Equine Rescue Centre Society, in the amount of $5,000. ALL IN FAVOUR. MOTION CARRIED. It was noted that Funds for March, April, and May will be forwarded now with the remaining amounts for June and July to be paid at the end of those months if required. It was noted that the organization raises funds through fundraising and donations. The Director of Community Development and Recreation noted that this is now 20 applications that have been approved with seven pending as financial losses will not be seen until June or later. Council (continued) May 28, 2020 231 8.5 NSFM – CAO. The CAO commented on the NSFM virtual meeting held on May 27th noting the following: there were 80 participants, discussion on restrictions to be lifted soon, caution around areas of congregation and high touch areas, other high risk activities, the Minister of Business’ program announced yesterday for small businesses and retail (revenue under $300,000), the $380 Million loan program, and possible infrastructure funding for shovel ready projects. 8.6 Lake Ramsay Road – Councillor Connors. Councillor Connors has been contacted by residents regarding conditions of the Lake Ramsay Road. She noted that in 2016 Council forwarded a letter to DOTIR regarding this road and another. It was agreed to forward another letter to DOTIR asking them to review the condition of the road and whether there were plans for improvements to this road. Councillor Connors lost connection to the meeting. Councillor Assaff commented that he thought this road might be in DOTIR’s Five Year Plan. 8.7 Sherwood Road – Councillor Church. Councillor Church indicated that residents would like to know the plan for Sherwood Road; will it be sand sealed or paved. The Director of Infrastructure and Operations will be asked to contact Glen Strang at DOTIR. 8.8 Roundabout at Marriotts Cove – Dust – Warden Webber. Warden Webber asked that when staff contact DOTIR, they ask if anything can be done to mitigate the dust at the roundabout over the weekends. During the week, the contractor keeps dust down with adding water to the road; however, the weekends can become very dusty for the adjacent neighbors. 8.9 Aspotogan Ridge Golf Course Update – Deputy Warden Shatford. Deputy Warden Shatford reported that the course has been so busy they do not qualify for any financial aid packages. They are booked regularly. 8.10 Fish Farm Letter – Councillor Hector. Council (continued) May 28, 2020 232 Councillor Hector referred to a letter received regarding a local fish farm. It seems as if they are not expanding the number of cages, but are looking at a larger footprint. If receives any other information he will advise Council. Councillor Connors regained connection. 8.11 Parks and Washroom Facilities – Councillor Church. Councillor Church asked when washroom facilities will be open, noting that Provincial parks are open for walking, but no washroom facilities have been opened. The CAO noted that at the Executive Meeting they spoke about washroom facilities and the local Public Health representative will be providing guidelines to staff. Staff is targeting mid-June to have port-a-potties installed. They will also be reviewing external handwashing stations and cleaning schedules. There will be additional expenses associated with that. There may be a need to hire additional resources to meet public guidelines; and a plan will soon be provided. Councillor Hector suggested putting a notice on our website advising washroom facilities are not available at this time. He noted that the provincial beach and park are open, but washrooms are not, and he has not heard the province say when washroom facilities will be open. IN CAMERA There were no In Camera items for discussion. ADJOURNMENT 2020-234 MOVED by Councillor Assaff, SECONDED by Councillor Hector the meeting adjourn. ALL IN FAVOUR. MOTION CARRIED. (9:40 a.m.) ___________________________ ___________________________ Allen Webber Pamela Myra Warden Municipal Clerk INFORMATION REPORT Prepared By: Chad Haughn Date May 28, 2020 Reviewed By: Date Authorized By: Dan McDougall Date May 29, 2020 CURRENT SITUATION On May 14, 2020 Council received a letter from multiple residents of Chester Basin expressing concerns related to activity taking place at civic address 218 HWY 12. Council requested that staff prepare a report that outlines the Municipality’s role to address these concerns. DISCUSSION Below is a summary of action taken by various Municipal staff to date as it relates to 218 HWY 12. Information has been provided based on issues outlined in the letter from residents as well as topics brought forward at the Council meeting of May 14, 2020. 1. Land Use Bylaws: Gateway Zone Any complaints from the public that relate to possible land use violations are directed to the Municipal Development Officer for review. Through an investigation process, the Development Officer determines if any land use bylaws were being broken. The Development Officer is aware of the activity taking place at 218 HWY 12 and to date there have not been any known land use violations. The property at 218 HWY 12 is located in the Gateway Zone under the new Municipal Planning Strategy (MPS). The property owner applied and was granted two permits in May 2020, one for Forestry Processing and the other for Automobile Sales. Both of these activities are allowable within the new Gateway Zone. Salvage yards are not permitted in the new Land Use Bylaw within the Gateway Zone, however, the salvage activity on site existed prior to the new MPS and Land Use Bylaw that came into effect on January 9, 2020. The General Basic Zone in the previous plan allowed salvage yards up to 0.25 hectares, the same size threshold as the province, anything larger requires a salvage yard permit. If the salvage activity exceeds the threshold at any point in the future, a permit would be required. However, in this case a salvage permit would not be granted since salvage yards are not permitted within the Gateway Zone. Aerial Photography from May 2019 as well as a staff site visit in Fall 2019 confirmed that some salvage activity took place on the property prior to when the new MPS came into effect. REPORT TO: Warden & Council MEETING DATE: June 4, 2020 SUBMITTED BY: Chad Haughn, Director of Community Development & Recreation SUBJECT: Public Concerns About 218 HWY 12 ORIGIN: Council Direction 2 Request for Decision-Direction 2. Noise Concern Some of the concerns expressed by residents is the noise created by trucks including motors running, truck engine braking and backup beepers. The Municipality has a Noise Bylaw (# 135) that is intended to prevent noise nuisance in the community and restrict loud noise between the hours of 11:00pm and 7:00am. By-law Enforcement staff can respond to complaints from the public that are related to violations of the Noise Bylaw. With respect to 218 HWY 12, enforcement staff have conducted a preliminary investigation and determined that the noise created by the property owner to date has not been in violation of what is described in the bylaw. 3. Environmental concerns The Municipality has an interest in protecting the environment, however, it is Nova Scotia Environment (NSE) that responds to environmental contamination concerns such as those expressed by the residents of Chester Basin. If there is a specific concern about environmental contamination, residents should contact NSE directly to report what they have observed. It is MOC staff understanding that NSE staff are aware of the activity taking place at 218 HWY 12 and they respond to public complaints on a case by case basis. NSE have been onsite to conduct investigations on multiple occasions and there are no immediate concerns currently. 4. Unsightly Premise Residents indicated that the state the property is being kept will negatively impact neighboring property values. The Municipality has a Dangerous or Unsightly Policy (P-80) to deal with properties that are not maintained or are dangerous in some way. The Dangerous and Unsightly Committee determines whether or not a property is unsightly by applying the definition of Dangerous and Unsightly in the Municipal Government Act. Due to the nature of the activity taking place, it is challenging for the committee to declare a property as unsightly. Activities such as a salvage and forestry processing are naturally going to have a look that some people find untidy or unappealing. To date, Bylaw Enforcement staff do not believe that the property is currently in an unsightly condition. Staff can continue to monitor and further action can be taken if there are changes that warrant follow-up. 5. Common Law Beyond municipal bylaws and policies, the other alternative for enforcement lies with the RCMP. That level of enforcement would only apply if the property owner was breaking a law under the criminal code of Canada or if there was some type of civil matter between neighbors. The Municipality would have no involvement in this scenario. 3 Request for Decision-Direction 6. Taxes The property at 218 HWY 12 is currently being taxed as a residential property. Property Valuation Services Corporation (PVSC) is responsible to make tax adjustments in response to a change of activity on a property. When new commercial activity takes place on a property previously categorized as residential, it takes some time for PVSC to make changes for that account. Often it is the municipal development permits that trigger the changes with PVSC. CONCLUSION There is no question that the overall use of the property at 218 HWY 12 has changed over the last number of months. The appearance of the property and the activity taking place on the property is very different than what had traditionally been a quiet residential property. However, to date, there have been no known violations of any specific Municipal bylaws or policies. Within the letter of concern from residents, it was indicated that complaints about activity taking place at this property have been submitted to Motor Vehicle Inspection, RCMP, Tax Assessment and Nova Scotia Environment. If there are any violations pertaining to those authorities, it will be up to the property owner to address the issue with those respective authorities. REQUEST FOR DECISION Prepared By: Garth Sturtevant, Senior Planner Date May 13, 2020 Reviewed By: Chad Haughn, Director CD&R Date May 26, 2020 Authorized By: Dan McDougall Date May 26, 2020 CURRENT SITUATION At a meeting of the Chester Village Planning Advisory Committee (VPAC) held on May 12, 2020, a motion was passed requesting Council’s approval to study establishing a Heritage Conservation District within the Village of Chester. Under the authority provided by the Municipal Government Act, the Village Planning Advisory Committee may request Council approval to study and consider planning matters for recommendation back to Council. RECOMMENDATION For consideration and discussion. BACKGROUND The Municipality of Chester currently maintains a list of Registered Heritage Properties in compliance with the Provincial Heritage Property Act. Currently the program is voluntary, with interested property owners applying to the Municipality to seek registration and inclusion on the Municipal Heritage Property Registry. DISCUSSION The Committee has requested that Council refer the issue of creating a Heritage Conservation District to it for further study. If Council is in agreement, the Committee would begin to study the issue and may invite guest speakers to provide information on Heritage Conservation Districts in other Municipalities. The Committee would then work with staff to create a proposal and/or draft By-law for Council’s review and approval. A Heritage Conservation District could be implemented without altering the existing Heritage Property Registry. Properties already registered in the Municipal Registry would maintain their status, however, new registrations would not be accepted from within the Conservation District. Whatever regulations and provisions were ultimately agreed to would apply to all structures within the District. This approach would be a significant departure from Council’s existing approach of voluntary registration by interested property owners. While the regulations and provisions contained in the By-law would ultimately determine the impact and perceived burden placed on properties, implementing a Heritage Conservation District and By-law would increase the priority and importance placed on Heritage conservation at the REPORT TO: Municipal Council MEETING DATE: June 4, 2020 SUBMITTED BY: Garth Sturtevant, Senior Planner SUBJECT: VPAC Request to Study Heritage Conservation Area for Chester Village ORIGIN: Chester Village Planning Advisory Committee Motion 2 Request for Decision expense of individual property owners ability to renovate and make changes to their properties without Heritage consideration. This work would be separate from the Chester Village Plan Review and could occur concurrently or following the adoption of new planning documents for Chester Village. IMPLICATIONS The request to study the concept of a Heritage Conservation District will have limited implications, primarily around staff and Committee time. If a Conservation District is proposed and adopted by Council, implications would be more wide-spread and could be discussed at that time. Policy N/A Financial/Budgetary Studying the issue comes with little to no cost, if Council were to implement a Heritage Conservation District there are likely to be costs associated with administration of the program as well as potential grants and incentives for the properties within the District. Environmental N/A Strategic Plan This work will add to staff workload and preparation materials for CVPAC meetings. Work Program Implications N/A Has Legal review been completed? ___ Yes ___ No _X_ N/A OPTIONS 1. Grant the request of the Chester Village Planning Advisory Committee to study the idea of a Heritage Conservation District that would cover a portion or the entirety of Chester Village. 2. Grant the request of the Chester Village Planning Advisory Committee but specify that the work is not to begin until the competition of the Chester Village Secondary Planning Strategy and Land Use By-law Review is complete (expected to be 2022). 3. Deny the request of the Chester Village Planning Advisory Committee to study the idea of a Heritage Conservation District for Chester Village. No further action will be taken at this time. ATTACHMENTS Province of Nova Scotia - Heritage Conservations Districts Regulations REQUEST FOR DECISION Prepared By: Garth Sturtevant, Senior Planner Date May 13, 2020 Reviewed By: Chad Haughn, Director of CD&R Date May 25, 2020 Authorized By: Dan McDougall, CAO Date May 29, 2020 CURRENT SITUATION The Chester Village Planning Advisory Committee (VPAC) has reviewed and recommended to Council a proposed Communications and Engagement Plan for the Chester Village Plan Review. Before undertaking the plan, Council approval is required. RECOMMENDATION 1. Staff recommend Option 1) Accept the proposed Communications and Engagement Plan as recommended by the Chester Village Planning Advisory Committee at a meeting held on May 12, 2020; BACKGROUND Following the adoption of the revised Municipal Planning Strategy and Land Use By-law, the Chester Village Planning Advisory Committee is undertaking a review of the Chester Village Secondary Planning Strategy and Land Use By-law. Staff have presented a proposed Engagement and Communications Plan to the VPAC at a meeting held on May 12, 2020. The Committee has passed a motion recommending Council approve the proposed plan. DISCUSSION The Communications and Engagement Plan proposed for the Chester Village Plan Review is as follows: Kick-Off (Spring 2020):  Tax Bill Insert – memo and contact info for Village Review. Purpose is to raise awareness of Village Review, brief explanation and timeline and then direct to Voices & Choices to stay informed during review;  Poster – to be placed at various locations in Village, brief information and direct interest to Voices and Choices  Social Media posts – schedule with Communications Officer to have weekly (or bi- weekly) notice and direction to Voices & Choices  Newsletter – update and or section with direction to Voices & Choices  Press Release (when info and dates are known for workshops etc.) REPORT TO: Municipal Council MEETING DATE: June 4, 2020 SUBMITTED BY: Garth Sturtevant, Senior Planner SUBJECT: Village Review – Communications and Engagement Plan ORIGIN: Chester Village Planning Advisory Committee Motion 2 Request for Decision Summer 2020 Engagement Options: Original Planned Engagement: Revised COVID-19 Engagement: 1. Pop-up sessions at various community events 1. Virtual public workshops via Zoom (pre- registration will be required) 2. Public workshops on various topics 2. Voices & Choices Website o Polls o Surveys o “Chester Look” Photo Contest 3. Voices & Choices Website 3. Newsletter Updates 4. Newsletter updates 4. Media Releases 5. Media Releases Household Survey, mailed to every household in Village to solicit information and feedback 5. OPTIONAL: pre-recorded videos posted on planning subjects/topics Summer 2021 Engagement  Host several sessions with the Draft MPS & LUB. Each Session will include an afternoon “Open House” followed by a Town Hall Q&A style meeting. Likely two of these sessions spaced 2-4 weeks apart;  Post draft SPS and LUB to Voices and Choices & make hard copies available for loan;  Collect comment cards, and document feedback during sessions  Determine list of potential concerns that need further discussion or consideration by the Committee and Council Ongoing Engagement Throughout the Review:  Voices and Choices will be updated continually with information, draft documents and surveys to solicit input. Questions and comments posted to the site will also be monitored and documented;  Community Development Staff (Senior Planner, Development Officer, Planner) will respond to email and telephone inquiries regarding the review;  MOC Social Media schedule to send reminders to drive traffic to Voices and Choices  Posters and newspaper advertisements to promote workshops and other engagement events  MOC Newsletter – updates and reminders to visit Voices and Choices IMPLICATIONS Policy N/A 3 Request for Decision Financial/Budgetary The Village Review has a budget amount of $15,000 for the fiscal year. Staff do not anticipate any need to exceed the budget or allocate additional funds to this project. Environmental N/A Strategic Plan N/A Work Program Implications N/A Has Legal review been completed? ___ Yes ___ No _X_ N/A OPTIONS 1. Accept the proposed Communications and Engagement Plan as recommended by the Chester Village Planning Advisory Committee at a meeting held on May 12, 2020; 2. Accept the proposed Communications and Engagement Plan with changes (Please specify); 3. Reject the proposed Communications and Engagement Plan. ATTACHMENTS  Chester Village Plan Review Poster CHESTER VILLAGE PLAN REVIEW WHAT IS IT? The Chester Village Secondary Planning Strategy (SPS) and Land Use By-law (LUB) are being updated. This follows the introduc!on of a new Municipal Planning Strategy in early 2020. HOW TO LEARN MORE: Sign-up at the project website to stay up to date with the review: Voicesandchoices.ca/villagereview Ask a question • Leave a comment • Complete a survey • Access information and documents about the review • Suggest an idea • View the project timeline • Register to stay up to date by Visiting the Voices and Choices Website. WE WANT YOUR INPUT & IDEAS! Contact Us: Phone: 902-275-2599 Email: planning@chester.ca Visit: voicesandchoices.ca/ villagereview WHO IS GUIDING THE REVIEW? · Municipal Council · Village Planning Advisory Commi0ee TIMELINE The review of the Chester Village SPS and LUB is expected to be completed in 2022. The project will end when the updated SPS and LUB take effect. PUBLIC ENGAGEMENT DURING COVID-19 Due to restric!ons on public mee!ngs, public engagement will occur primarily online through virtual workshops, responding to comments and ques!ons and making dra7 materials available for review and comments by the public. Register Online at: Voicesandchoices.ca/villagereview