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HomeMy Public PortalAbout2022-02-17 COW_Website Agenda PackagePage 1 of 1 (Cover Pages) Committee of the Whole AGENDA Thursday, February 17, 2022 Livestreamed via YouTube at https://www.youtube.com/channel/UC_uKlob3qOA6eD62x1kK5Kw 151 King Street, Chester, NS 1. MEETING CALLED TO ORDER 2. APPROVAL OF AGENDA/ORDER OF BUSINESS 3. PUBLIC INPUT SESSION (9:00-9:15 a.m. if any) 4. MINUTES OF PREVIOUS MEETING 4.1 February 3, 2022. 5. PUBLIC PRESENTATIONS/APPOINTMENTS 5.1 Elizabeth Finney, Bonny Lea Farm – Home Today. Home to Stay 5.2 Valerie White, New Ross Community Care Society 6. MATTERS ARISING 7. CORRESPONDENCE 8. NEW BUSINESS 8.1 Information Report prepared February 7, 2022 – Community Development & Recreation – Development Agreement for Chester Hills. 8.2 Request for Decision prepared February 9, 2022 – Community Development & Recreation – Request for Development Agreement Discharge for 4564 Highway 3. 8.3 3rd Quarter Financials – Director of Finance & Information Services. 8.4 Capital Budget Discussions – Director of Finance & Information Services. Material to follow. 9. IN CAMERA 9.1 Section 22(2)(e) of the Municipal Government Act – Contract Negotiations – New Ross Continuing Care. 10. ADJOURNMENT APPOINTMENT(S) 9:00 a.m. Elizabeth Finney, Bonny Lea Farm – Home Today. Home to Stay. 9: 0 a.m. Valerie White, New Ross Community Care Society. 25 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of COMMITTEE OF THE WHOLE Via YouTube Live from 151 King St, Chester, NS On Thursday, February 3, 2022 CALLED TO ORDER Warden Webber called the meeting to order at 8:47 a.m. Present: District 1 – Councillor Andre Veinotte District 4 – Warden Allen Webber District 2 – Deputy Warden Shatford District 3 – Councillor Derek Wells District 5 – Councillor Abdella Assaff District 6 – Councillor Tina Connors District 7 – Councillor Sharon Church Staff: Dan McDougall, CAO Tara Maguire, Deputy CAO Jennifer Webber, Communications Officer Pamela Myra, Municipal Clerk Bruce Blackwood, Fire Services Coordinator Solicitor: Samuel Lamey, Municipal Solicitor APPROVAL OF AGENDA AND ORDER OF BUSINESS Additions:  Strategic Workshop – February 15, 2022 - CAO.  Correspondence – Fire Service Follow-up – Councillor Connors. 2022-029 MOVED by Councillor Church, SECONDED by Councillor Assaff the February 3, 2022, Agenda and Order of Business be approved as amended. ALL IN FAVOUR. MOTION CARRIED. PUBLIC INPUT Public Input was ready by the Communications & Outreach Officer from Ryan Cameron regarding his request to rename the Community of Windsor Road to Chester North. A discussion was held, and Councillor Church indicated that she has spoken with Mr. Cameron and does not support the request at this time and feels confident that the residents of the Community of Windsor Road are not in favour. Committee of the Whole (continued) February 3, 2022 26 MINUTES OF PREVIOUS MEETING 4.1 Committee of the Whole – January 20, 2022 – Warden Webber. 2022-030 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford the minutes of the January 20, 2022, meeting of Committee of the Whole be approved as circulated. ALL IN FAVOUR. MOTION CARRIED. PUBLIC PRESENTATIONS There were no public presentations. MATTERS ARISING There were no matters arising for discussion. CORRESPONDENCE 7.1 Correspondence dated January 25, 2022 from Municipality of the District of Lunenburg regarding the 2022/23 REMO Operating Budget – Chester’s portion is $44,078.35. It was noted there is a small increase which reflects the inclusion of a contingency as well as a $3,000 increase to Search and Rescue. 2022-031 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that the Committee of the Whole recommend to Council to approve the 2022/23 REMO Operating Budget with the Municipality of Chester’s portion being $44,078.35. ALL IN FAVOUR. MOTION CARRIED. NEW BUSINESS 8.1 District 3 Council Grant Request – Our Health Centre - $1,654.25. Councillor Wells indicated that he had spoken with Councillors Church and Veinotte and agreed that each would contribute $500 from their Council District Grant budgets. 2022-032 MOVED by Councillor Wells, SECONDED by Councillor Church that the Committee of the Whole recommend to Council that $500 be distributed from Districts 1, 3, and 7 for the District Grant Request from Our Health Centre. ALL IN FAVOUR. MOTION CARRIED. Committee of the Whole (continued) February 3, 2022 27 8.2 Information Report prepared January 17, 2022 – Corporate & Strategic Management – 2021 Year End Fire Department Call Report. Bruce Blackwood was present via Zoom and outlined information contained in the report, commenting on overall district responses, the return to some medical calls that may be critical in nature, the number of motor vehicle accidents, “other” responses, fire and carbon monoxide alarms, mutual alarm incidents (mutual aid), and fire department calls by type and the comparison to the previous year. Councillor Connors indicated that she had received an email from the New Ross Fire Chief, Lyle Russell who had some questions and she read the email:  Review of the Fire Advisory Committee – referring to the March 23, 2021 meeting and motion 2021-360 which indicated that Council approved the “re-establishment of a Fire Advisory Committee as a Committee of Council; and invite the Fire Services from the Municipality to determine the terms of reference with all seven fire services represented.” o He has not received any correspondence on this item and asked why, four months after the motion, that there has been no contact.  Risk Assessment – the project has been on-going since 2019, and several people have put significant effort into trying to get this project completed. It is now 2022 and this project is still not complete. He asked where this item stood and why the delay in what the consultants updating the report. The Fire Services Coordinator outlined the process which was a second round of individual site visits and the compilation of all information coming from those site visits, i.e., calls, operation procedures, etc. and submitting them to the consultants with the intent to address the questions raised from the steering committee on the first draft. That has been done and the Consultant is preparing that now. He had a conference call last week and is expecting the second round of drafts in the next couple of weeks. The goal is for the material to come to Council in April to review the recommendations from the consultant and steering committee. The Deputy CAO noted that the Fire Advisory Committee is on the work chart that was provided to Council in the fall, with a focus on the fire services review but in the workplan for 22/23 – hope to have something with options coming in April. It was noted that it has been a long time since February 2019 – three years ago that Council committed to improving lines of communication between the Municipality and the Fire Services. This is a sensitive issue, and no one will force people to attend meetings. If they wish to meet in a different format that is ok. Some may wish to come, and some may not. The Fire Service Coordinator indicated that he would like to incorporate the presentation with Council and noted that the fire services are meeting amongst themselves now on how they want to go forward. 8.3 2022 Polling District Review – Report #1. The Deputy CAO reviewed the slide deck provided in the agenda package. Committee of the Whole (continued) February 3, 2022 28 It was generally agreed that the size of Council is fine; however, the big questions is whether the Municipality would like to consider the Mayoral system. There was lengthy discussion on:  Options and if they are mandatory by the Utility & Review Board;  Minimum requirements for public consultation;  Having a mayor would require the reallocation of district boundaries; and  Information previously provided regarding the difference between the two systems – Mayor or Warden. The Solicitor indicated that traditionally Council has reviewed the numbers within the districts and if they fell within the board required +/- 10% there was no need for change. However, if something was way off base then that might inform the decisions. It was noted that in the last review, there were articles, online polls, and information on the differences of the mayor system and warden system. Councillor Veinotte commented that there could have been more interaction with the public as there were only 50 responses and 35 responses indicated that they did not want a mayor. He felt the only way to do it is with a consultant. If we want to keep the size of Council the same and there are no population swings, we could make the decision very quickly – basic level study and keep the status quo; however, you could argue that is oddly self-serving. That is the question Council needs to answer – do we want a more wholesome discussion? A mayor and six Councillors will require a major change. It was felt that the consultant would need to have a “feel” for the communities. Someone from the outside may not know those nuances. Deputy Warden Shatford commented that this municipality has done quite well and wea re in a good position; there has been no cry for a change. He noted the more significant the change, the more the level of effort required. A consultant would describe the community engagement and include public meetings; interviewing each councillor as well as other techniques could be used to ensure they are informed on local knowledge before they provide advice. Councillor Veinotte indicated that there haven’t been complaints about our system, but don’t mistake apathy for success. People may not be overly engaged or think there is an option. A lot of units are moving to a Mayor system. The Mayor is elected by the entire community and not one district and tends to bring a vision that municipal-wide. It is a different dynamic because of the way that a mayor is elected – not to detract from the leadership/system we currently have. If we decide to engage a consultant, he wouldn’t be opposed to having a more wholesome discussion and put this topic to bed once and for all. Councillor Connors agreed with Councillor Veinotte and was interested and curious in looking for engagement by the community members 1.5 years after she was elected. She did hear some comments on a mayor system and her response to individuals that she recalled when Committee of the Whole (continued) February 3, 2022 29 the Municipality of the District of Lunenburg had the discussion, it resulted from a group in Riverport. Although she wasn’t knocking on doors in 2016 and 2020, she has heard from people who note that the Municipality of Lunenburg, Municipality of Kings, and West Hants have a mayor system. She would like to explore it. Councillor Assaff commented that a consultant would look at the matter forensically. Warden Webber commented that, from staff perspective, it is another job they don’t have time to do. The CAO noted that the more dramatic a change, the more passion and emotion in a community. For those kinds of decisions around representation it is best practice to not have staff be part of it. It would be more objective and would protect staff from those more passionate discussions that might occur. He would strongly recommend using a third party to do the work. It was noted that if there were major consultation on mayor vs warden, it would likely exceed the $40,000 budget. The CAO provided a graph showing voters and dwelling units comparing 2016 to 2020. Trying to be a little prospective in where changes might occur in the 2024 election. We are getting close to possible boundary changes. If the municipality went with a mayor system and stay with 7 Councillors, it would be mandatory for a look at polling changes in the districts. Councillor Veinotte noted that there is growth in the Aspotogan area and Council is about to go into a workshop to talk about servicing Hubbards. There is a highway being twinned to that community. If those areas are serviced, we will see amazing growth in the next few years. Councillor Church suggested getting Census data and review that; if the numbers are out of line, then look to hiring a consultant. The Deputy CAO noted that the Census data won’t be available until the end of February so it would be difficult to get an RFP out before the end of March. It was agreed to discuss the matter at the February 10th Council meeting. 8.4 Strategic Planning Workshop – February 15th. The CAO indicated that the Director of Financial & Information Services is preparing to discuss budgets as early as the February 17th Committee of the Whole meeting. He would like to have a workshop on February 15th. It was agreed to meet at 4:00 p.m. on February 15th for the Strategic Planning Workshop. The Deputy CAO will provide the material to Councillors by February 10th. Committee of the Whole (continued) February 3, 2022 30 The CAO indicated that the consultant who will be joining Council for the Wastewater Workshop has no power and will not be able to meet until 10:30. IN CAMERA There were no In Camera items for discussion. ADJOURNMENT 2022-033 MOVED by Councillor Assaff, SECONDED by Councillor Church the meeting adjourn. ALL IN FAVOUR. MOTION CARRIED. (10:00 a.m.) ___________________________ ___________________________ Allen Webber Pamela Myra Warden Municipal Clerk HOME TODAY. HOME TO STAY. Together we make a difference BONNYLEAFARM.CA/HOMETODAY 549 donors & sponsors HOME TODAY. HOME TO STAY. We are growing!! Two new homes in the community: Phase I: at Bonny Lea Farm Capital funded by Bonny Lea Farm through fundraising Operational funding from Province of Nova Scotia Phase II: Location not yet confirmed Capital & Operational funding from Department of Community Services Why? Of the 36 participants living at Bonny Lea Farm: More than half are over 50. Many of them are over 60. One is 70+. Others use mobility devices. Their needs are changing. We need to change too. HOME TODAY. HOME TO STAY. HOME TODAY. HOME TO STAY. Jan When asked for one word that sums up what Bonny Lea Farm means to her, Jan did not hesitate in saying “Home”. And, she is not the only one. We are honoured that Jan feels this way, as she has lived here since 1986, and attended our program as a student since we began in 1973. Among her favourite things about living at Bonny Lea Farm are her friends and her housemates. HOME TODAY. HOME TO STAY. What? First of its kind in Nova Scotia ____ Specialized mobility supports ____ Ability to support those with light medical needs ____ 24/7 Barrier Free Home that never closes ____ $4.5 million HOME TODAY. HOME TO STAY. A MODEL FOR BARRIER FREE & SUPPORTED LIVING FOR ADULTS WITH INTELLECTUAL DISABILITIES HOME TODAY. HOME TO STAY. Government grants Municipality of Chester Major Grant Proposal under consideration Province of Nova Scotia Capital funding to build second home Operational funding for both homes Government of Canada Discussions underway Foundation grants Proposals being made Corporate donations Proposals being made Private donations $1.6 million pledged &/or received to date. HOME TODAY. HOME TO STAY.How will we pay for it?Capital CampaignCAMPAIGN COMMITTEE Chairs Jack FlemmingColin MacDonald John BiebesheimerRick EmberleyKim GeldartLisa Murphy SupportKaren Lake, Executive DirectorLiz Finney, Fund Development Director “You can design and create, and build the most wonderful place in the world. But it takes people to make the dream a reality.” -Walt Disney HOME TODAY. HOME TO STAY. Join us by leading the way to make our dream a reality. HOME TODAY. HOME TO STAY. THANK YOU You make a difference. For more information please contact: Liz Finney Fund Development Director | Bonny Lea Farm902.277.0986 | efinney@bonnyleafarm.ca HOME TODAY. HOME TO STAY. INFORMATION REPORT REPORT TO: Municipal Council MEETING DATE: February 17th 2022 DEPARTMENT: Community Development & Recreation SUBJECT: Development Agreement Application ORIGIN: Date: February 07, 2022 Prepared by: Emily Statton, Planner Date: February 07, 2022 Reviewed by: Garth Sturtevant, Senior Planner Date: Authorized by: [staff, title] CURRENT SITUATION Planning Staff have received an application for a Development Agreement dated January 11th, 2022. The application states the proposal is for an aging-in-place residential community consisting of a variety of housing options including semi-detached units, townhouses, multi-residential and single-family style homes. BACKGROUND The application and fees (paid January 14th, 2022) were submitted by Aaron Ewer on behalf of Halyard Developments Ltd. The proposed development is for 62+/- residential structures on the 53.2-acre lot (PID 60140340) at Lot 1 Stanford Lake Road, Chester. The property is in the Mixed-Use zone, which allows for a 12 or more dwelling units on a lot and/or land-leased communities via Development Agreement. DISCUSSION/UPDATES The cover letter submitted with the application outlines preliminary details of the proposed development. You can see a preliminary site planned attached. The developer intends to approach this as a phased development. The application describes their intention to do a bare lands condo for this development. In this scenario the developer has ownership of the land and it remains as one (1) parcel, rather than subdividing each parcel with a proposed structure on it. Residents would be able to purchase or lease the structure and have exclusive rights to the driveway and small yard. The roads are not municipally owned or required to follow spec and would be maintained by the developer. The development intends to have on-site water and septic systems; however, they are open to conversations of the potential of extending the current municipal wastewater system to the proposed development site. Staff are working with the developer as they finalize plans to prepare for a draft development agreement. OPTIONS 1. Direct staff to prepare a draft Development Agreement and hold a Public Information Meeting. 2. Direct staff to not prepare a draft Development Agreement. R e q u e s t f o r D e c i s i o n P a g e | 2 ATTACHMENTS 1. Application 2. Cover Letter 3. Preliminary Site Plan REQUEST FOR DECISION REPORT TO: Committee of the Whole MEETING DATE: Feb. 17, 2022 DEPARTMENT: Community Development & Recreation SUBJECT: Request to Discharge Development Agreement ORIGIN: Email Request Dated January 19, 2022 Date: February 9, 2022 Prepared by: Garth Sturtevant, Senior Planner Date: February 9, 2022 Reviewed by: Chad Haughn, Director CD&R Date: February 10, 2022 Authorized by: Tara Maguire, Deputy CAO RECOMMENDED MOTION Staff recommend Option 1: 1. Subject to receiving the required Registry Fee of $100 from the property owner, that Municipal Council authorize the discharge of Development Agreement CMDA002 for 4654 Highway 3 Marriott’s Cove per Section 6 a) of the approved Development Agreement. Further direct staff to prepare and execute a Notice of Discharge to be recorded at the Land Registry. CURRENT SITUATION A request (attached as Appendix A) to discharge an existing development agreement (CMDA002) in place for 4654 Highway 3, Marriott’s Cove has been received by planning staff. The request, submitted by the current registered owner Sandra Bain, was accompanied by an application for a development permit. The owner has now received a development permit (attached as Appendix C), authorizing the building to be converted into a single unit dwelling and used as a residence. The development agreement (attached as Appendix B) had been in place to facilitate the use of the structure as a laboratory for the manufacturing of test kits which has ceased operation for some time. BACKGROUND The previous Municipal Planning Strategy and Land Use By-law permitted light industrial and commercial uses, including laboratory uses, by development agreement in the Rural Residential Zone subject to Policy 7.3.4 and Clause 5.3.3(b)(i). The laboratory use has been abandoned for some time and the current owner wishes to sell the property as a dwelling. DISCUSSION As the laboratory use has ceased and a new development permit has been issued for use as a single unit dwelling, staff recommend that Council discharge the existing development agreement (CMDA002). Section 6 a) of the Development Agreement states: “That this Agreement shall be in effect until discharged by resolution of the Council of the Municipality in accordance with the Municipal Government Act, whereupon the Land Use By- law shall apply to the lands described in Schedule “A”. It should be noted that a building permit is still likely required to undertake the work to convert the structure into a dwelling. However, as the development agreement and development permit regulate the use of land, staff do not feel there is a reason to require issuance of a building permit prior to discharge. Either the current R e q u e s t f o r D e c i s i o n P a g e | 2 owner, or a purchaser will be in a position to apply for a building permit to undertake renovations to convert the structure back to residential use. The Municipal Fee Policy states that the property owner shall cover the cost of the Registry Fee’s which is $100. This cost does not include billable hours for the Municipal Solicitor as the Fee Policy only references only the Registry Fee. OPTIONS 1. Subject to receiving the required Registry Fee of $100 from the property owner, that Municipal Council authorize the discharge of Development Agreement CMDA002 for 4654 Highway 3 Marriott’s Cove per Section 6 a) of the approved Development Agreement. Further direct staff to prepare and execute a Notice of Discharge to be recorded at the Land Registry. 2. That Council refuse the request to discharge Development Agreement CMDA002 for 4654 Highway 3, Marriott’s Cove. IMPLICATIONS By-Law/Policy N/A Financial/budgetary N/A Environmental N/A Strategic Priorities The discharge of Development Agreement CMDA002 will assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Governance & Engagement 1. Ensure municipal service delivery is efficient and effective, communicated and accessible. 2. Ensure municipal bylaw and policy frameworks reflect current and changing needs. Work Program Implications No significant impacts are anticipated. Staff will work with the Municipal Solicitor to de-register the Development Agreement and notify the Applicant. Has Legal review been completed? X Yes No __ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) None required. Public Participation Program does not apply to the discharge or removal of a Development Agreement. Review by a Planning Advisory Committee is not required. ATTACHMENTS Appendix A – letter of request from Sandra Bain, requesting discharge of Development Agreement Appendix B – development agreement CMDA002 currently in effect for 4654 Highway 3 Appendix C- development permit CM-D2022-007 1 Garth Sturtevant From:Helen Bain Sent:January 19, 2022 4:56 PM To:Garth Sturtevant Subject:#External: Request to discharge the Development Agreement attached to my property Follow Up Flag:Follow up Flag Status:Flagged January 19,2022 To the Council of the Municipality of Chester, Nova Scotia RE: My property at 4654 Highway 3, Marriot’s Cove, NS Please consider this letter to be my formal request to the Municipal Council of Chester, N.S. to discharge the Development Agreement currently in place on my property located at 4654 Highway 3, Marriot’s Cove, Nova Scotia. I am actively looking to sell the property. The current Agreement states the premises will be used for the manufacturing and laboratory business to develop rapid test kits. See Article 1 Use of Building and Land of the Agreement dated February 4, 2003. In fact that business is no longer in operation. I am hoping to sell the property as soon as possible and hope the Council will grant me a speedy removal of this Development Agreement. Thank you, Sandra Helen Bain This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. cc THIS DEVELOPMENT AGREEMENT made in triplicate this day of A.D.2 03 BETWEEN: Dwayne Van Meer,Chester Basin,County of Lunenburg in the Province of Nova Scotia hereinafter called the"DEVELOPER" Of the One Part and THE MUNICIPALITY OF THE DISTRICT OF CHESTER a duly incorporated municipal body, hereinafter called the"MUNICIPALITY" Of the Second Part WHEREAS the Developer intends to operate a light manufacturing and laboratory business in the building at 4654 Highway 3,Marriotts Cove on the property described in Schedule"A"attached hereto;and WHEREAS the property described in Schedule"A" is situated in an area which is designated Rural Residential on the Future Land Use Map of the Municipal Planning Strategy and zoned Rural Residential on the Zoning Map of the Land Use By-law;and WHEREAS Policy 7.3.4 of the Municipal Planning Strategy and Clause 5.3.3(b)(i)of the Land Use By-law enable the use of this land for commercial developments by development agreement;and WHEREAS the Council of the Municipality,by resolution,passed at a meeting on the 9th day of January,2003, approved the execution of this agreement by the parties hereto; NOW THIS AGREEMENT WITNESSETH that in consideration of the foregoing recitals and for other good and valuable consideration the parties hereto agree as follows: 1.USE OF:BUILDINGS AND LAND Subject to Clause 8 below,the developer undertakes to ensure that the use of the building at 4654 Highway 3 on the land described in Schedule 'A' shall be limited to : a)Office and administrative support for the light manufacturing and laboratory business;and b)Manufacturing,developing and testing of rapid test kits for food and water safety. 2.SITE PLAN To clarify the intent of Clause 1 above,the developer undertakes to ensure that the grounds surrounding 4654 Highway 3 shall: a)be used for the parking of employees,visitors and delivery vehicles; and b)not be used for the outdoor storage of goods or materials of any kind. 3.ILLUMINATION The developer undertakes to ensure light from exterior lighting sources,including the illumination of signs, shall be not be directed upon adjacent properties; 4.OPERATION AND MAINTENANCE The developer undertakes to ensure that: a) all structures,including the building,are maintained in good repair and in a tidy,attractive and useable state;and b) all lawns,trees,shrubs,parking areas,lighting systems,and other landscaping elements are maintained in a tidy,attractive and useable state free of unkempt matter of any kind; t t t a }f 5.CHANGES AND ALTERATIONS WN. a) That all matters in this Agreement not specified in Subclause 5(b)below are substantial matters 0<1a. o. which shall not be changed or altered except by amendment to this Agreement in accordance with the Municipal government Act;and pp b) That the following matters are not substantial matters and may be changed or altered without oW amendment to this Agreement but with the written consent of the Council of the Municipality, 0° t provided that the Council of the Municipality determines that the changes do not significantly alter the intended effect of these aspects of this agreement: i) an increase to the size of the building; o m 4k'. ii) change in the nature and use of the test kits produced;and iii) change in the balance of uses(manufacturing,research and development,marketing). i \ i 00 6.TERMINATION OF AGREEMENT z 1 a) That this Agreement shall be in effect until discharged by resolution of the Council of the E m 1 Municipality in accordance with the Municipal Government Act,whereupon the Land Use By-law t shall apply to the lands described in Schedule"A";and g ', b) That the Council of the Municipality may discharge this Agreement if the development described "r „ cc i herein has not been commenced within eighteen(18)months of the date of this Agreement;and o c) That the Council of the Municipality may discharge this Agreement if the use described herein is t ^ Yt ? E v LuNENBU?c COUNTY REGISTRY OF DEQ /f) le 3Icertifythisisatruecopyofafel!do:emelt o c of3Srortro7te-deeumeni4e04:4tal/f eed Filed N Book Page(S) 7 "in the Registry of Deeds as shown here FEB o 0 t Joan Plunkett Registrar sc _. ».»...».»_ _ .........».. _. Document{i MM DD YYY discontinued for a period of no less than twelve months;and d) That the Council of the Municipality retains the option of discharging this development agreement should any fact provided to the Municipality by the developer or its agents constitute a material misrepresentation of the facts upon which this Agreement is based;and e) That the Council of the Municipality may discharge this agreement if the developer breaches any term of the agreement; 7.COMPLIANCE WITH OTHER BY-LAWS AND REGULATIONS That nothing in this Agreement shall exempt the Developer from complying with Federal,Provincial and Municipal laws,by-laws and regulations in force within the Municipality, including the Building By-law, or from obtaining any federal,provincial or municipal license,permission,permit,authority or approval required thereunder including any permission required under the Fire Prevention Act and The Environment Act; 8.APPLICATION OF LAND USE BY-LAW That without restricting the generality of the foregoing any aspect of any development on the property not specified in Clauses 1 and 2 above is subject to the requirements of the Land Use By-law. 9.EFFECT a) That,in accordance with Section 229 of the Municipal Government Act,this Agreement shall continue to apply to the property until discharged by Council; b) That this Agreement shall enure to the benefit of,and be binding upon the Municipality and its successors and'assigns and shall enure to the benefit of and be binding upon the Developers,their heirs,executors,administrators,and assigns,the owner or owners from time to time of the property described in Schedule"A",until discharged by Council; 10. OWNERSHIP The Developer hereby certifies by the signature affixed below that Dwayne Van Meer is the sole owner of the property described in the attached Schedule"A",having received the warranty deed from Carole Konesky,dated 9 June, 1999,and recorded at the Bridgewater Registry of Deeds on 9 June, 1999 at Book 718,page 85 as document number 2767.The Developer further certifies that it has not disposed of any interest in the property and there are no judgements,mortgages or other liens or encumbrances affecting the property in addition to those described herein. IN WITNESS WHEREOF the parties to this Agreement have hereunto set their hands and seals on the day and year first above written. IN THE PRESENCE OF: 111DWAYAIANf/ ER Per Witness MUNICIPALITY OF THE DIS. ' T• 'CHESTER Per G 2!! er,Warden Per A, 1 A 01121910... .• Witness IMF enihan,Municipal Clerk. ' . ' 11, 41110 LIST OF SCHEDULES ATTACHED TO THIS AGREEMENT Schedule'A'-survey description of 4654 Highway 3,Marriotts Cove f - AFFIDAVITS PROVINCE OF NOVA SCOTIA COUNTY OF LUNENBURG, S.S. ON THIS day ofirrA a7 A.D.,2003,before me,the subscriber personally came and appeared e(. cciL2lz a subscribing witness to the foregoing Indenture,who having been by me duly sworn,made oath and said that DWAYNE VAN MEER one of the parties thereto, caused the same to be executed in h, name and on hi) behalf and hi)seal to be thereunto affixed in h presence.01_ COMMISSIONER OF THE SUPREME COURT OF NOVA SCOTIA JUNE C. HAMM A Commissioner of the Supreme PROVINCE OF NOVA SCOTIA Court of Nova Scotia COUNTY OF LUNENBURG, S.S. ON THIS `day ofaA.D.,2003,before me,the subscriber personally came and appeared Y\ re-- a subscribing witness to the foregoing Indenture,who having b enbyme dif11,sworn,made oath and said that the MUNICIPALITY OF THE DISTRICT OF CHESTER,one of the parties thereto,duly executed the same in h4pre - ce by affixing thereto its corporate seal identified by the signature of Allen B.Webber,its W.-i e and Barry K.Lenihan,its Clerk, duly authorized officers in that regard. 4' j9 A COM ISSIONER OF THE SUPREME COURT OF NOVA SCOTIA A. STEPHEN GRAHAM A COMMISSIONER OFTHE SUPREME COURT OF NOVA SCOTIA DEVELOPMENT SERVICES Community Development & Recreation Department (ph) 902.275.2599| (fax) 902-275-2598| development@chester.ca Municipality of Chester 186 Central Street PO Box 369 Chester NS B0J 1J0 DEVELOPMENT PERMIT # CM-D2022-007 Location: 4654 Highway 3, Marriotts Cove Approval Type: APPROVED Issued Date: 2022-02-07 Proposed Structure or Use Details: Change of Use: Office, Laboratory & Light Manufacturing to Single Unit Dwelling Owner: Sandra Bain Building Type: Commercial PID: 60137858 Applicant: Sandra Bain Work Type: New Use AAN: 04981154 Proposed Use: Single Unit Dwelling PARCEL INFORMATION Land Use Zone: Settlement Residential One Designations: None Flags: None CONDITIONS OF APPROVAL: Proposed Use meets the Land Use by-law requirements. Parking Spaces Required = One NOTE: Office, Lab and Manufacturing no longer to operate on property without a new development permit issued. THIS IS NOT A BUILDING PERMIT PLEASE CONTACT BUILDING SERVICES AT 902-275-3080 OR building@chester.ca PRIOR TO BEGINNING CONSTRUCTION NOTE: If you are connected to Municipal Sewer please contact our Engineering & Public Works Services at 902-275-1312 prior to any excavation, digging or plumbing renovations, construction or disconnections. This will confirm that the proposed development described above confirms to the requirements of the Land Use by -law for the Municipality of Chester. This permit shall expire 18 months after the date of issue if the development has no t begun. Issuance of this development permit does not exempt any person from complying with other by -laws, regulations, acts or similar required by the Municipality, the Province, the Federal government or other authority. It is the responsibility of the proper ty owner9s) to confirm they have obtained all required permits, licensing, permission, authority or approval necessary from all governing and authoritative bodies PRIOR to beginning the development. This development permit has been issued based on the information submitted. The development must be built in compliance with the submitted information. Any changes, alterations or deviations must be submitted for approval PRIOR to proceeding. Fees PAID FREE Development Officer 1 FINANCE DEPARTMENT – 3rd QUARTER REPORT For the nine months ended December 31, 2021 Finance Department and Information Services merged into Finance and Information Services. A separate Information Services report will outline Information Services activities. 2021/22 Q3 HIGHLIGHTS  Posting of Council and CAO quarterly remuneration and expenses on Web site  All Tax bills issued  Tax Sale delayed (again)  Began 22/23 Budget planning o Draft 5-year Capital budget o Preliminary 22/23 Landfill budget, using inputs from modelling tool  Prepared and submitted Provincial reporting requirements (FIR, SOE-A, SOE-B)  Financial Analyst recruitment work  METRICS for first 3 quarters of 2021/22 fiscal year A financial Operating Fund interim statement and year end forecast, and variance analysis is attached on pages 3-6. 2021/22 PRIORITIES FOR REMAINDER OF THE YEAR  2022/23 Operating budget preparation and finalization  2022/23 Multi-year Capital budget finalization  Onboarding Financial Analyst  Implement Purchase Order Module and other pieces of procurement policy revision  Annual filing of payroll T4’s and related reports –Feb 2022  Tax sale – March 29 (hopefully) April to December 2021 HST Returns Due 3 remittances: 3 filed on time CRA payroll remittances 28 remittances: 26 filed on time CRA WCB remittances 15 remittances: 15 filed on time By-law 148 Water Supply Loans - # loans 6 new loans (total of 17) By-law 148 Water Supply Loans - $ value approved (max $150,000 per year) $47,357 new this year (total outstanding $123,078) Outstanding final tax bills as at Feb 10, 2022 $1,123,213 or 12% of total bills issued (72% collected in Q3) 2 2020/21 COUNCIL PRIORITIES FOR FINANCE (FIS) PRIORITIES SPECIFIC ACTIONS & NOTES RESPONSIBLE TIMING LEAD SUPPORT PROCUREMENT STRATEGY Implement PO module and update Procurement platform FIS IAO Q4 2021/22 P-cards and Procurement policy review/revision FIS CSM 2022/23 INVESTMENT POLICY Implementation of approved policy Detailed long-term cash flow analysis to be prepared to facilitate effective use of invested funds FIS CSM Q1 2022/23 TAX EXEMPTION BYLAW REVIEW Preform membership restrictions review, economic impact assessment, and jurisdictional scan FIS CDR Q4 2021/22 FINANCIAL ANALYST RECRUITMENT Recruit and onboard new Financial Analyst FIS CSM Q4 2021/22 TAX SALE OPTIONS REPORT Research alternative options for carrying out Tax Sales FIS CSM Q1 2022/23 STREETLIGHT AREA RATES Document streetlight practices and rationale for each District FIS IAO Multi-year Definitions of council priorities coding: HIGH | NORMAL | LOW have been taken from the 2021-24 Strategic Planning and Priorities work. This Work Plan does not capture Department operational priorities & projects nor day-to-day work programs that affect the Municipality’s organizational capacity or resources 2021/22 FINANCIAL FORECAST The Operating Fund financial forecast, based upon results for the nine months ended December 31, 2021, shows a surplus forecast for the year ended March 31, 2022, of $2,824,287. The following pages show revenues and expenses by program. 3 4 5 The surplus of $2,824,287 is primarily due to increased deed transfer tax, savings in Landfill costs (Sustane), temporary positional vacancies, and delayed spending on capital and one-time operating projects, offset by significant increases in transfers to reserves (as shown above). The Operating Fund surplus also includes expenditures for transfers to Reserves. There is a $942,912 increase in the transfers to reserves due to net program surpluses. This is largely related to waste collection & disposal area rate surplus. The landfill costs to Sustane have not yet materialized and are driving significant favorability in landfill operations and increased transfers to reserve. Therefore, overall, the Municipality is forecast to have a $3,767,200 surplus when you consider the increase in the Reserve funds. 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 11/12 12/13 13/14 14/15 15/16 16/17 17/18 18/19 19/20 20/21 21/22 Deed Transfer Tax Q1 Q2 Q3 Q4 Budget Projected 6 2020/21 FINANCIAL FORECAST (continued) Capital budget forecast