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Home My Public Portal About2022-05-19_COW_Website Agenda PackagePage 1 of 1 (Cover Pages) Committee of the Whole AGENDA Thursday, May 19, 2022 Following Public Hearing at 8:45 a.m. 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 (15 minutes) 4. MINUTES OF PREVIOUS MEETING 4.1 April 21, 2022. 5. PUBLIC PRESENTATIONS/APPOINTMENTS 5.1 Best of Chester Announcement. 5.2 CBCL – Inland Floodplain Report (9:00 a.m.) 6. MATTERS ARISING 6.1 Q 4 2021-22 - Quarterly Report – Infrastructure & Operations Department. 6.2 Request for Decision – Financial & Information Services – Private Street Improvement By-Law. 7. CORRESPONDENCE 8. NEW BUSINESS 8.1 Request for Decision – Infrastructure & Operations - Landfill Equipment Replacement Policy. 8.2 PACE Options Report. Material to follow. 9. IN CAMERA 9.1 Section 22(2)(c) of the Municipal Government Act – Personnel. 10. ADJOURNMENT APPOINTMENTS 9:00 a.m. CBCL – Inland Floodplain Report 169 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of COMMITTEE OF THE WHOLE Via YouTube Live from 151 King St, Chester, NS On Thursday, April 21, 2022 CALLED TO ORDER Deputy Warden Shatford called the meeting to order at 8:49 a.m. Present: District 1 – Councillor Andre Veinotte 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 (via Zoom) Matthew Blair, Director of Infrastructure & Operations Solicitor: Samuel Lamey, Municipal Solicitor Regrets: District 4 - Warden Webber APPROVAL OF AGENDA AND ORDER OF BUSINESS 2022-158 MOVED by Councillor Church, SECONDED by Councillor Assaff the April 21, 2022, Agenda and Order of Business for the Committee of the Whole be approved as circulated. ALL IN FAVOUR. MOTION CARRIED. PUBLIC INPUT There was no public input. MINUTES OF PREVIOUS MEETING 4.1 Committee of the Whole – April 7, 2022 – Warden Webber. Committee of the Whole (continued) April 21, 2022 170 2022-159 MOVED by Councillor Church, SECONDED by Councillor Assaff the minutes of the April 7, 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 Email from Trudy Flynn, Chair of the Board of Directors for Fibromyalgia Association Canada requesting Council’s consideration to light the municipal building in purple on May 12, 2022. The CAO indicated that if Council wished to pass a motion, staff will reach out to Ms. Flynn to determine where we might be able to source the lighting. 2022-160 MOVED by Councillor Veinotte, SECONDED by Councillor Assaff that the Committee of the Whole recommend to Council to direct staff to obtain purple lighting if possible and light the Municipal Building in purple lighting on May 12 in recognition of the 5% of Canadians living fibromyalgia. ALL IN FAVOUR. MOTION CARRIED. NEW BUSINESS 8.1 Cancellation of May 5, 2022 Committee of the Whole due to conference being attended by some members of Council. 2022-161 MOVED by Councillor Veinotte, SECONDED by Councillor Assaff that the Committee of the Whole recommend to Council to cancel the May 5, 2022 Committee of the Whole Meeting as some members of Council will be attending a conference. DISCUSSION: Committee of the Whole (continued) April 21, 2022 171 Councillor Veinotte commented that often the Committee of the Whole meetings do not have a lot of material and suggested that those meetings be held when needed rather than have a set date. Deputy Warden Shatford noted that may be more difficult for those who have full time jobs. It was also noted that staff is bringing back a report on meetings at some time. ALL IN FAVOUR. MOTION CARRIED. 8.2 NSFM Conference – Councillor Wells. There was some discussion on the attendance at the upcoming NSFM Conference. Some Councillors have decided not to attend due to COVID numbers. It was agreed that it was important for new members of Council to attend to make connections to other Councillors. Councillor Wells noted that he is also hoping to talk to people about the non-resident tax and deed transfer tax. Councillor Connors commented that she finds value in the conferences she has attended, i.e., networking with likeminded Councillors from across the province, gleaning information around community projects and what others are doing well throughout the province. Councillor Assaff noted that it would have been nice to have a hybrid in-person/virtual option. The CAO indicated that he would ask if the presentations will be recorded for future use and he and Councillor Wells can provide a report to Council. IN CAMERA There were no “In Camera” items for discussion. ADJOURNMENT 2022-162 MOVED by Councillor Church, SECONDED by Councillor Assaff the meeting adjourn. ALL IN FAVOUR. MOTION CARRIED. (9:04 a.m.) Committee of the Whole (continued) April 21, 2022 172 ___________________________ ___________________________ Floyd Shatford Pamela Myra Deputy Warden Municipal Clerk 2022-05-13 1 Inland Flood Mapping Study Municipality of Chester – Council Meeting Project Overview Project Site Study Objectives Municipalities of the District of Lunenburg and Chester: •Combined Area: 2,882 km² •Population: 24,863 and 10,206 (2016 Census) •Inland flooding flagged as high risk due to previous events •Hydrologic Assessment: Calculation of peak runoff flows in the study area using climate information from Environment Canada and a hydrologic computer model of the watersheds draining into the municipalities. •Coastal Water Levels Assessment: Estimation of extreme coastal water levels using historical water level records, and tidal predictions from the Canadian Hydrographic Service (CHS) •Hydraulic Model Development and Analysis: Development of a model of the network of channels, ditches and hydraulic structures in the area based on the runoff flows calculated from the hydrologic assessment. •Flood Mapping: Mapping of areas at risk of flooding. 1 2 2022-05-13 2 General Approach Study Approach Sources of Information 1 Gather existing information: topography, structures, flows 2 Develop a computer model of the Municipalities of Chester and Lunenburg3 Simulate high water level, extreme rainfall and future flood scenarios4 Generate flood maps for the study region5 Complete bathymetry survey of Hebb and Fancy Lake •CHS Tide Tables •Water flows observed along the Gold River and La Have •Topographic Information (LiDAR Data) •Latest scientific information about climate change •NSTIR Bridge Profiles •Coastal Action Culvert Assessment •NSTIR Culvert and Bridge Locations Project Location Lunenburg and Chester Districts 3 4 2022-05-13 3 Project Location 3-D Render of LiDAR Data Data and Challenges Bridge Profile Locations Profile at Bruhm Bridge along the LaHave Bathymetry of Hebb Lake 5 6 2022-05-13 4 Data and Challenges •Good information •~400 bridges and culverts •General sizing Information for most structures was provided by Coastal Action •NSDPW provided drawings for 16 bridges •General dimensions were obtained for the remaining structures and some culverts. •Bathymetry obtained for Hebb Lake and Fancy Lake •Lidar data was of very good quality •Handling LiDAR data was challenging due to its size and computational limitations •Overall, the extent of the study area presented new challenges, combined with a time limitation. Bridge Profile Locations Bathymetry of Lakes and LiDAR Sea Level Rise and Climate Change Climate Scenario Location CAN-EWLAT, NS – SLR [m] 2020 2030 2040 2050 2060 2070 2080 2090 2100 Model RCP8.5 Dubline Shore, Kraut Point 0.05 0.11 0.19 0.29 0.4 0.51 0.66 0.82 1.02 Model RCP8.5 Lunenburg 0.04 0.13 0.20 0.31 0.42 0.55 0.70 0.87 1.12 Model RCP8.5 Rose Bay 0.04 0.13 0.20 0.31 0.43 0.55 0.71 0.88 1.13 0 20 40 60 80 100 120 140 160 0:00 4:48 9:36 14:24 19:12 0:00 Ra i n f a l l [ m m / h r ] Hour 20-yr 20-yr with CC 0 20 40 60 80 100 120 140 160 180 0:00 4:48 9:36 14:24 19:12 0:00 Ra i n f a l l [ m m / h r ] Hour 100-yr 100-yr with CC Rainfall Intensity – Based on Rain Gauge at Western Head Sea Level Rise 7 8 2022-05-13 5 Model Assembly Watershed Delineation Hydraulic Model – 1D Elements: Streams, Culverts and Bridges Model Calibration Environment Canada Flow Gauges Precipitation Gauge 9 10 2022-05-13 6 Model Calibration LaHave Watershed Calibration at West Northfield Gold River Watershed Calibration 0 50 100 150 200 250 300 350 400 450 2014-12-08 0:00 2014-12-10 0:00 2014-12-12 0:00 2014-12-14 0:00 2014-12-16 0:00 WA T E R F L O W [ M ³ / S ] DATE Daily Flows Hourly Interpolated Flows Modelled Flows 0 10 20 30 40 50 60 70 80 1996-09-11 0:00 1996-09-13 0:00 1996-09-15 0:00 1996-09-17 0:00 1996-09-19 0:00 WA T E R F L O W S [ M ³ / S ] DATE Daily Flows Hourly Interpolated Flows Modelled Flows Model Results Water Flow Water Depth Structure Peak Water Level Flood Extent 11 12 2022-05-13 7 Model Results (examples) New Ross 1 in 20 Year Flood Event Little East River 1 in 20 Year Flood Event Mapping - Existing 13 14 2022-05-13 8 Mapping - Existing Mapping - Existing 15 16 2022-05-13 9 Mapping - Future Mapping - Future 17 18 2022-05-13 10 Mapping - Future Mapping – 1 in 20 year 19 20 2022-05-13 11 Mapping – 1 in 20 year Mapping – 1 in 20 year 21 22 Infrastructure & Operations Quarterly Update Q4- 2021/22 Table of Contents • Administration • Solid Waste • Operations & Maintenance • Collection Update • Public Works • Operations & Maintenance • Wastewater Study • Stats Update May 10, 2022 NOVA SCOTIA’S TREASURE Administration Administrative Update • New Director of Infrastructure & Operations started March 2022 • New Director of Public Works started March 2022 • New Certified Engineering Technologist started February 2022 May 10, 2022 NOVA SCOTIA’S TREASURE • Emily has been coordinating communication with the appropriate authorities for all issues regarding public works. Solid Waste Operations & Maintenance On site Maintenance • Ongoing maintenance of the Kaizer Meadow Rd. • Ongoing Heavy equipment maintenance and repairs. • Monthly ground water/surface water sampling ongoing • Clay cover is completed daily • Household Hazardous Waste collected and packed daily at the HHW depot. In-house • Large stock of refrigerators requiring CFC removal prior to recycling. Ongoing • Repair of the organics/recycling transport area - inhouse repair (ongoing) Offsite Maintenance • Inspections and repairs to garbage corrals and compounds • Cleanups due to illegal dumping as required– staff and GE’s NOVA SCOTIA’S TREASURE Landfill Collection Update NOVA SCOTIA’S TREASURE MATERIAL TONNAGEQ1 TONNAGE Q2 TONNAGE Q3 TONNAGE Q4 Total To Date RESIDUAL WASTE (A) 14,593.40 16.041.66 14,657.47 12,573.71 57,866.24 SEPTIC WASTE (B) 3,364.90 2,897.48 3,395.59 2,061.08 11,719.05 WOOD (C) 420.20 299.04 317.81 201.23 1,238.28 ASPHALT (D) 119.50 376.53 442.17 112.50 1,050.70 ORGANICS (E) 526.99 521.81 471.42 421.77 1,941.99 RECYCLABLES, CARDBOARD & PAPER (F) 203.66 209.80 190.57 141.16 745.19 MIXED C&D WASTE (G) 2,129.24 356.12 385.56 983.91 3,854.83 Public Works: Operations & Maintenance Properties Winter maintenance completed. Bi-annual inspections completed for the sidewalks and wharves etc. and are in good condition. Garbage collection continues throughout Chester/trails by staff. Trails Continuous inspection and maintenance, in collaboration with the recreational department, of trails ongoing. This entails minor repairs to the bridges, responding to freeze/thaw issues and place signage for public protection, as required. Roads Completed routine inspections of roadways and sidewalks. We have a good working relationship with NSDPW. We continue to take calls on roads and ditches needing repair etc., a majority which are directed to NSDPW. Ongoing. Streetlighting Dealing with routine streetlight repair and installation requests in conjunction with NS Power. Ongoing Traffic Control The mobile speed radar unit was not deployed in Q4 RFSO distributed for traffic control service (flaggers) NOVA SCOTIA’S TREASURE Public Works: Operations & Maintenance NOVA SCOTIA’S TREASURE Green Carts Delivery Total 146 green carts delivered in Q4. This program also requires attending to various complaints regarding repairing green carts Objective is to deliver green carts within two weeks of the request received. Misc.Review of watercourse alteration application for culvert near Goat Lake road. Accessibility upgrades to Wild Rose Park are underway, including washroom upgrades. Contract Services I&O issued one RFP for contract service for the sidewalk design Wastewater System: Capital Projects Wastewater Study EXP has completed the wastewater study for the wastewater system. Municipal Engineer is currently reviewing the study and will create a five year plan by end of Q3 2022/23 May 10, 2022 NOVA SCOTIA’S TREASURE Wastewater Operations Reporting • All the Wastewater treatment plants are continuing to operate and maintain in accordance with NSE approvals, including monthly testing. Reports submission current to the authorities as per the required schedule. May 10, 2022 Quarterly Annually Re p o r t i n g S c h e d u l e Federal requirements 1. Chester 2. Mill Cove 3. Western Shore 1. Chester 2. Chester Basin 3. Mill Cove 4. New Ross 5. Otter Point 6. Western Shore Provincial requirements 1. Western Shore Maintenance • Ongoing maintenance and repairs as needed for all the treatment plants and the wastewater operations • Ongoing maintenance of lift stations NOVA SCOTIA’S TREASURE Statistics for Public Works May 10, 2022 NOVA SCOTIA’S TREASURE Activity Q4 Completed Sewer permits issued to date 2 Sewer callouts (S. Business) to date 18 EDU increase 3 Utility locates 1 Berthage permits issued 0 Berthage enforcement events 0 Compost carts delivered 146 Dead marine life collections to date 0 Events requiring public sort stations to date 0 (4 booked for summer) Public sorting station abuse Incidents 0 Bandstand bookings 3 Maintenance work orders completed 25 Road name signs installed to date 9 Streetlight requests to date 3 Sidewalk snow removal events to date 2 Mobile radar unit deployments 0 Compliments to date 0 NOVA SCOTIA’S TREASURE Thank you REQUEST FOR DECISION Prepared By: Tim Topping, Director of Financial and Information Services Date April 25, 2022 Reviewed By: Samuel Lamey, Q.C., Municipal Solicitor Date May 2, 2022 Authorized By: Dan McDougall, CAO Date April 27, 2022 CURRENT SITUATION Bylaw 72 requires amendments to revise the administration fee, to ensure continued relevance to the Municipal Government Act (“MGA”), and to provide clarity around some definitions and wording used in the existing version. RECOMMENDATION That the Committee of the Whole give notice to amend Bylaw 72 and to recommend to Council to give first reading of the amended bylaw on May 26, 2022. BACKGROUND On December 16, 2021, Council provided direction to amend Bylaw 72, to reflect the changes to administration fee, and to clarify wording and definitions where noted. DISCUSSION Proposed amendments to Bylaw 72 to reflect the direction provided by Council on December 16, 2021, are as follows: 1. Reduce the administration fee from 10% to 5% 2. Clarify the definitions of “owner” and “applicant” to improve clarity and reduce ambiguity Council also considered the funding allocation methods offered under Bylaw 72 and determined that no amendment to the provided options is required. Additional amendments proposed: 1. Updated references to MGA to ensure continued relevance 2. Updated wording to be gender neutral 3. Added a definition for “dwelling”, as that was an area identified to cause confusion for some applicants 4. Grammar and punctuation REPORT TO: Committee of the Whole SUBMITTED BY: Finance Department DATE: May 19, 2022 SUBJECT: Amending Bylaw #72, Private Street Improvement and Maintenance Bylaw ORIGIN: Direction from Council on December 16, 2021 2 Request For Decision /Direction IMPLICATIONS These amendments will provide better clarity for residents wishing to utilize the services provided under Bylaw 72 Policy N/A Financial/Budgetary Reduced private road administration fee revenue Environmental N/A Strategic Plan N/A Work Program Implications N/A OPTIONS The Committee could reject the recommendation, or add, remove, and/or modify the amendments presented. ATTACHMENTS 1. Private Street Improvement Maint By-Law proposed amendments - tracked changes 2. List of Private Roads Associations COMMUNICATIONS (INTERNAL/EXTERNAL) Continually improve public satisfaction with municipal services; Ensure sufficient infrastructure is available to best serve our residents and businesses; Effective Date February 9, 2000 Motion 2000-014 MUNICIPALITY OF THE DISTRICT OF CHESTER PRIVATE STREET IMPROVEMENT AND MAINTENANCE BY-LAW BY-LAW # 72 1. This By-Law shall be known as the “PRIVATE STREET IMPROVEMENT AND MAINTENANCE BY- LAW” 2. In this By-Law, unless the context otherwise indicates: 2.1 “Cost” means the amount of money paid or payable in respect of the street “improvement and/or maintenance”.; 2.2 “Improvement” means laying out, opening, constructing, upgradingupgrading, and improving. 2.3 “Maintenance” means repairing and maintaining. 2.4 “Municipality” means the Municipality of the District of Chester. 2.5 “Owner” includes part owner, joint owner, tenant-in-common or joint tenant of the whole or part of any real property fronting on a street or situate within an affected area and also includes any trustee, executor guardian, agent or other person having the care or control of such real property in the case of absence or disability of the person having the title thereto provided that for the purpose of calculating the percentage of owners in Section 3(1) real property with more than one owner shall be counted as having one owner. An Owner is entitled to one vote for each individual property parcel they own within the Defined Area. In the case where an individual property has more than one Owner, all Owners must agree on the single response. If all Owners are not in agreement, it will be deemed that the Owner’s response is negative. 2.6 “Special Tax” means a tax in respect of the street improvement and/or maintenance based on a per lot basis, a frontage basis, per owner or an area rate based on $100.00 of assessment, as the case may be asas requested in the petition. 2.7 “Street” means any private street, roadway, highway or travelled way, or portion thereof, situate in the Municipality but does not include any unopened or undeveloped street unless specifically included in the Plan attached to Form “A” of the Petition of the owners. 2.8 “Association” means a body corporate incorporated under the Societies Act which represents the owners within the affected area. Effective Date February 9, 2000 Motion 2000-014 2.9 “Affected Area” means that area within which the owner shall be liable for the special tax levied pursuant to this By-Law and which is shown on the Plan attached to Form “A” of the Petition of the owners and shall include any subdivision shown therein. 2.10 “Interest” means that rate of interest charged to the Municipality from time to time on the money borrowed for the improvements which the Municipality shall be entitled to recover from the owners as part of the special tax. 2.11 “Approved purpose” means those purposes for which a Municipality is authorized to expend money pursuant to Section 65 (d) (e) (o) (q) and (av(i)) of the Municipal Government Act. 2.12 “Applicant” means the Association referenced in section 2.8 and which has the right itself, or on behalf of the Owners, to maintain the Street. 2.13 “Dwelling” means a residential unit as identified by the Property Valuation Services Corporation filed roll 3. 3.1 Where sixty-seven (67%) of the owners of real property owning at least sixty-seven (67 %) of the real property within an affected area petition in person or by agent the Municipality for an improvement and/or maintenance of a street, for an approved purpose which may be within or outside the affected area or both, the Municipality may make such improvements, and/or provide for such maintenance if it determines that such improvement and/or maintenance carries out an approved purpose and if so shall be entitled to recover all of the cost of such improvements or maintenance by levying a special tax upon the owners of real property within the affected area as provided by in this bylaw and such tax shall be recoverable from each owner by the Municipality by a per foot of lot frontage basis, or by a per lot basis or by a per owner basis or by an area rate of so much per $100.00 of assessed value of real property within the affected area as requested in the petition which is generally to be in the form as shown on Form “A” attached. The owner of a lot which fronts on more than one street within the affected area, shall pay based on only one (1) boundary of his their property, that being the longest boundary that fronts on a street and only this boundary will be considered when calculating the total frontage within the affected area and in calculating the percentage of frontage that the owner owns. a) In the case of recovery of the cost of the street improvement by area rate, based on so much per $100.00 of assessed value of the real property, in the affected area as shown in the petition in Form “A”, such area rate shall be struck by Municipal Council from year to year for a period not to exceed ten (10) years and shall cover all the projected costs including interest, to the Municipality for that year for such street improvement. b) In the case of recovery of the cost of the street maintenance by area rate, based Private Street Improvement & Maintenance By-Law #72 (continued) Effective Date February 9, 2000 Motion 2000-014 97 Formatted: Font: (Default) Leelawadee UI, 11 pt on so much per $100.00 of assessed value of the real property, in the affected area as shown in the petition in Form “A”, such area rate shall be struck by Municipal Council from year to year for the year for which maintenance is sought as provided for herein. 3.2 In the case of recovery of the cost of the street improvement and/or maintenance on a per lot basis and unless otherwise proved defined in this By-law, lot shall mean each individual developed lot, approved building lot or lot capable of being approved in its existing condition for development purposes and any land not capable of being developed, shall not be considered a lot for the purpose of this By-Law until such time as it is. 3.3 In the case of recovery of the cost of street improvement and/or maintenance on a per owner basis, multiple owners of the same real property shall be considered as one owner. For the purpose ofFor this paragraph, an owner of real property shall be defined as an owner of an area of land that forms one contiguous parcel of land upon which no more than one dwelling unit is constructed and contains at least one lot as defined in paragraph 3(2). If an owner has more than one parcel of land within the affected area separated by intervening property owners, then that owner shall be assessed individually for each separate parcel of land provided that each parcel has at least one lot as defined in paragraph 3(2). Further, if any parcel of land has more than one dwelling unit constructed upon it, then that owner shall be assessed individually for each dwelling unit. 3.4 Every petition for a street improvement and/or maintenance shall be in Form “A” of this By-Law, or similar thereto, and shall clearly state the locality in which the improvement and/or maintenance is requested, the approved purpose for which the maintenance and/or improvement requested and together with the following information shall be presented for approval to the Council of the Municipality. a) A Plan showing the streets outlined in red, which the Petitioners are desirous of having improved and or maintained and within the affected area, the names of the owners, length and width of the roadways and the frontage of each owner if the method of levying this special tax is on a frontage basis. b) In the case of a street improvement an estimate of the cost of the desired improvement along with the names of the persons or Association who shall be responsible for having the improvement carried out. c) In the case of a street maintenance an estimated yearly maintenance budget along with the name of the Association which shall be responsible on a yearly basis for preparing and submitting for approval to the Municipality, a budget for that year’s street maintenance. The budget as submitted shall be verified by the Executive of the Association as having been passed by a majority of the members of the Association in attendance at a duly called meeting for that purpose at which a quorum was present. Private Street Improvement & Maintenance By-Law #72 (continued) Effective Date February 9, 2000 Motion 2000-014 98 Formatted: Font: (Default) Leelawadee UI, 11 pt 3.5 In the event of a dispute between an owner and the Municipality as to any measurements or area of real property referred to in this By-Law, the owner shall be responsible to retain at his their expense a surveyor in good standing of the Association of Nova Scotia Land Surveyors who shall certify as to the measurements or area or real property to the Council for the Municipality of the District of Chester. 3.6 That notice of the petition for street improvement and/or maintenance shall be sent by registered mail to each owner within the affected area who has not signed the petition including the owner of the street, if known, at the address shown on the assessment rolls and proof of the sending of this notice shall accompany every petition presented to the Municipality but it shall not be necessary to prove actual receipt of notice. The total amount of the special tax levied by the Municipality under this By-Law shall not exceed the cost of the street improvements and/or maintenance to the Municipality plus interest and an administration charge of ten five percent (105%). 5. 5.1 The special tax levied under this By-Law is a lien on the whole of the property of each owner for that owner’s share of the capital improvement and/or maintenance with the same effect as rates and taxes under the Assessment Act and each owner shall be liable for a portion of the total cost of the street improvement and/or maintenance and an administration charge equal to: In the case of property fronting on a street the ratio that the lot frontage of each owner bears to the total frontage in the affected area. Within the affected area equal to the ratio that each lot bears to the total number of such properties situate in the affected area or An area rate of so much per $100.00 of assessed value of the property within the affected area as shown in the petition on Form “A”, In the case of a per owner basis, an equal amount assessed to each owner of a parcel of land as defined in paragraph 3(34) within the affected area as the case may be asas requested in the petition. 5.2 Notwithstanding the provisions of this By-Law, the Municipality may, upon request, exempt from assessment any owners within an affected area whose property abuts and has access to a public highway or do not use or have access to the street upon which improvements and/or maintenance are being sought but subject to the provision that the Municipality may later assess those exempted owners if it appears to it that they are then using the improved streets. Formatted: Indent: Left: 0.42 cm Formatted: Indent: Left: 0.42 cm Formatted: Indent: Left: 0.42 cm Formatted: Indent: Left: 0.42 cm Private Street Improvement & Maintenance By-Law #72 (continued) Effective Date February 9, 2000 Motion 2000-014 99 Formatted: Font: (Default) Leelawadee UI, 11 pt 5.3 A. In the case of a street improvement, the special tax levied pursuant to this By-Law, shall cover a period not exceeding ten (10) years and should cover all projected costs including interest to the Municipality for each year for such street improvement. In the case of street maintenance, special tax levied pursuant to this By-Law shall cover the amount approved by the Municipality pursuant to the budget submitted to the Municipality including all costs together with interest to the Municipality for that year for the street maintenance. 5.4 Notwithstanding paragraph 5.3(c)(ii) an owner subject to this special tax levied with respect to a street improvement, may elect to pay their share of the capital cost in a lump sum as calculated pursuant to this By-Law, and upon payment thereof that property shall bear no further responsibility for the balance of the cost of the street improvement. The special tax levied under this By-Law is collectible in the same manner as rates and taxes under the Assessment Act and by the same proceedings as are rates and taxes under the Assessment Act. 71. With regard toRegarding a street improvement, the lien provided for in this By-Law shall become effective on the date on which the Clerk of the Municipality signs and files at the Municipal Office, a Certificate stating the total costs of the street improvement and the amount of the special tax to be levied on each owner. 7.2 With regard to street maintenance, the lien provided for in this By-Law shall become effective on the date on which the Clerk of the Municipality signs and files with the Municipality a Certificate with a statement that the affected area is subject to an annual special tax for street maintenance in an amount set annually by Municipal Council as provided for in this By-Law and shall remain effective from year to year until terminated pursuant to this By-Law. The Clerk of the Municipality shall keep a separate record of all monies due for the improvement and/or maintenance of streets, which records shall contain: 8.1 The names of the owner of a property liable for the special tax and the name of the improvement and/or maintenance with respect to which the taxes arose. 8.2 The amount of frontage each owner or the number of properties as the case may requiredrequire. 8.3 The amount of the special tax levied on each owner with particulars of the amounts due or owing. The Clerk of the Municipality shall notify the owner of each property within the affected area Private Street Improvement & Maintenance By-Law #72 (continued) Effective Date February 9, 2000 Motion 2000-014 100 Formatted: Font: (Default) Leelawadee UI, 11 pt upon the filing of the Certificate referred to in Section 7. Attached to such notice shall be a copy of the Certificate. 10.1 The amount payable in respect to the special tax for street improvement by each owner of real property within an affected area may be paid in equal annual installmentsinstalments together with interest over a period not exceeding ten (10) years. 10.2 Each installmentinstalment and each succeeding installmentinstalment in respect of the tax imposed by this By-Law shall be due on the same date as the Municipality, by resolution, requires a payment of rates and taxes and in the event of default of payment of any installmentinstalment the whole balance with interest becomes due and payable. 10.3 The tax imposed by this By-Law shall bear interest at the rate imposed by Municipal Council by resolution for overdue taxes as an additional charge for non-payment of rates and taxes. 10.4 The amount payable in respect of the tax by each owner of real property within the affected area, may at the option of that owner be paid in one lump sum on or before the 31st day in the fiscal year in which the cost has been incurred or at any other time over the ten (10) year period. The special tax imposed pursuant to this By-Law for a street improvement and/or maintenance may be terminated at any time by the Association filing with the Municipality a certified copy of a Special Resolution of the Association passed at a duly constituted meeting at which a quorum was present called for that purpose requesting the Municipality to do so or by the Municipality at its own discretion, if there has been non-compliance by the Association with the provisions of this By-Law. In either case, upon the Clerk filing a Certificate with the Municipality that all monies payable pursuant to this special tax have been collected, then this By-Law shall thenceforth have no further force or effect within the affected area. Private Street Improvement & Maintenance By-Law #72 (continued) Effective Date February 9, 2000 Motion 2000-014 101 Formatted: Font: (Default) Leelawadee UI, 11 pt APPENDIX "A" FORM "A" PETITION FOR STREET IMPROVEMENT & MAINTENANCE To the Municipal Council of the Municipality of the District of Chester. The undersigned,The undersigned are sixty-seven percent of the owners at _________________________ in the Municipality. 1) (1) owning sixty-seven percent of the real property fronting on the street or portion of the street the Municipality of the District of Chester, as hereinafter described 1) 2) (2) owning sixty-seven percent of the real property which includes more than fifty percent of the real property fronting on a street situate in the subdivision in the Municipality of the District of Chester hereinafter described: (i) as the street(s) or portion thereof known as _____________________ i. ii. (ii) in the area situated at _________________________ as shown on the attached plan. Each of the owners, whose signature appears below, respectively propose that the Municipal Council accept this as a petition in compliance with section 3 of the Private Street Improvement and Maintenance By-Law. The improvements and/or maintenance is required for the following approved purpose: ___________________________________________________________ The nature of the improvement required is: ____________________________________________ The nature of the maintenance required is: ____________________________________________ Each of the owners, whose signature appears below, pray that they be levied for a portion of the tax in respect of the street improvement and/or maintenance or both as indicated above on: (i) a per foot of frontage basis i. (ii) a per lot basis ii. (iii) Formatted: Font: (Default) Leelawadee UI, 11 pt Formatted: Font: (Default) Leelawadee UI, 11 pt Formatted: Font: (Default) Leelawadee UI, 11 pt Formatted: Indent: Left: 0 cm, First line: 0 cm Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.9 cm + Indent at: 2.54 cm, Tab stops: -2.54 cm, Left Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.9 cm + Indent at: 2.54 cm Formatted: List Paragraph, Indent: Left: 2.75 cm, First line: 0.75 cm, Numbered + Level: 1 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 3.17 cm + Indent at: 3.81 cm Formatted: Indent: Left: 2.75 cm, First line: 0.75 cm Formatted: Font: (Default) Leelawadee UI, 11 pt Formatted: List Paragraph, Indent: Left: 2.75 cm, First line: 0.75 cm, Numbered + Level: 1 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 3.17 cm + Indent at: 3.81 cm Formatted: Font: (Default) Leelawadee UI, 11 pt Formatted: List Paragraph, Indent: First line: 1.27 cm, Numbered + Level: 1 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 1.69 cm + Indent at: 2.96 cm Formatted: Font: (Default) Leelawadee UI, 11 pt Formatted: List Paragraph, Indent: First line: 1.27 cm, Numbered + Level: 1 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 1.69 cm + Indent at: 2.96 cm Private Street Improvement & Maintenance By-Law #72 (continued) Effective Date February 9, 2000 Motion 2000-014 102 Formatted: Font: (Default) Leelawadee UI, 11 pt i. a per owner basis iii. iv. (iv) an area rate based on assessment. The name of the responsible person or association representing the owners is: _____________________________________________________ Formatted: Font: (Default) Leelawadee UI, 11 pt Formatted: Font: (Default) Leelawadee UI, 11 pt Formatted: List Paragraph, Indent: First line: 1.27 cm, Numbered + Level: 1 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 1.69 cm + Indent at: 2.96 cm Private Street Improvement & Maintenance By-Law #72 (continued) Effective Date February 9, 2000 Motion 2000-014 103 Formatted: Font: (Default) Leelawadee UI, 11 pt NAMES AND SIGNATURES OF PROPERTY OWNERS: NAME SIGNATURE Formatted: Font: (Default) Leelawadee UI, 11 pt Formatted: Font: (Default) Leelawadee UI, 11 pt Formatted: Font: (Default) Leelawadee UI, 11 pt Private Street Improvement & Maintenance By-Law #72 (continued) Effective Date February 9, 2000 Motion 2000-014 104 Formatted: Font: (Default) Leelawadee UI, 11 pt Formatted: Font: (Default) Leelawadee UI, 11 pt Private Street Improvement & Maintenance By-Law #72 (continued) Effective Date February 9, 2000 Motion 2000-014 105 Formatted: Font: (Default) Leelawadee UI, 11 pt COPY OF CERTIFICATION I, B. K. Lenihan, Municipal Clerk Treasurer of the Municipality of the District of Chester do hereby certify that the above is a true copy of an advertisement duly advertised in the Progress Enterprise on Wednesday, February 9, 2000. Given under the hand of the Clerk and under the corporate seal of the Municipality this 10th day of February, 2000. ______________________________________________ B. K. Lenihan Clerk Treasurer Formatted: Font: (Default) Leelawadee UI Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm, Tab stops: 8.83 cm, Centered LIST OF PRIVATE ROADS ASSOCIATIONS There are currently 12 Private Roads Associations participating in the program offered under Bylaw #72: - Bayview Drive - Clayton Drive - Dorey Park - Fox Point - Hidden Hill Lane - Kelly Drive - Marvins Island - Mount Marina Road - Otter Point - Sawler Shore Road - Whispering Pines - WilDor Park REQUEST FOR DECISION REPORT TO: Municipal Council MEETING DATE: May 19, 2022 DEPARTMENT: Infrastructure & Operations SUBJECT: Landfill Equipment Replacement Policy ORIGIN: Operations Date: May, 2nd, 2022 Prepared by: Matthew Blair, Director of Infrastructure & Operations Date: May 3rd, 2022 Reviewed by: Dan McDougall, Chief Administrative Officer Date: May 10, 2022 Authorized by: Dan McDougall, Chief Administrative Officer RECOMMENDED MOTION That Council adopt the Landfill Vehicle & Equipment Replacement Policy in order to establish a framework and guide for the on-going, sustainable maintenance, repair and replacement of landfill vehicles and equipment. CURRENT SITUATION There is currently no policy or guidelines in place to effectively manage the vehicles and equipment required for the safe, efficient, and effective operations needed at the Kaizer Meadows Landfill site. BACKGROUND In order to modernize the fleet management of vehicles and equipment, a policy is required to provide guidance on how these assets should be maintained, repaired and replaced. This policy would form part of a broader asset management plan and fleet management initiative. DISCUSSION 1 PRINCIPLES 1.01 The following underlying principles inform this policy: (a) The Municipality of Chester recognizes that the landfill requires reliable equipment to support safe, effective, and efficient landfill operations. (b) The Municipality of Chester recognizes that landfill equipment costs represent a significant percentage of the expenditure at the landfill and that the life cycle costs must be considered in this policy. (c) The Municipality of Chester recognizes that the use of an equipment replacement reserve should be employed to achieve lower costs and predictable tip fees by reducing or eliminating borrowing costs, and by creating a cost structure that reduces or eliminates peaks and troughs in the landfill tip fee. (d) The Municipality of the District of Chester recognizes that management of this policy exists in a dynamic environment and marketplace and that planning documents will be amended and R e q u e s t f o r D e c i s i o n P a g e | 2 approved by the Council annually or as required from time to time. 2 POLICY (a) The Municipality will establish and maintain long range planning documents. (b) Planning documents will have a planning horizon of at least ten years. (c) The Municipality will develop and follow preventative maintenance practices. 3 PROCEDURES 3.01 Responsibility (a) The Landfill Director has overall responsibility for the development, amendment, and maintenance of planning documents. (b) The Finance Director will review and approve the planning documents to ensure actual and estimated costs and projections accurate and reasonable; and provide advice to the CAO with respect to the policy. 3.02 Maintenance: (a) Preventative maintenance practices will be followed to extend the life of equipment and to reduce the potential for unanticipated equipment failure or repairs. (b) Maintenance schedules will be developed and followed for each piece of equipment. 3.03 Replacement: (a) Replacement schedules will be based primarily on age of equipment, usage hours or kilometers, and funding availability. (b) Replacement schedules may also consider a number of other factors including workplace safety, cost of maintenance, trade in value, repair potential including availability and cost of replacement parts, and market conditions. 3.04 Financing (a) Maintenance: The landfill budget will include an amount for preventative and regular maintenance of landfill equipment. (b) Equipment Replacement Reserves: The annual landfill budget will include a contribution to an equipment replacement reserve consistent with long range planning documents. (c) Capital from Revenue: In addition to planned contributions to reserves the landfill budget may include capital from revenue as a source of funds for equipment acquisition. (d) Borrowing: Long term financing may also be used to finance equipment acquisition based on a number of factors including maintenance of tip fee stability and borrowing terms including advantageous interest rates. 3.05 Procurement: The Municipality will follow its Procurement Policy P-04 when acquiring equipment pursuant to this policy. OPTIONS 1. Adopt the Landfill Equipment Policy 2. Direct staff to gather additional information and return to council. R e q u e s t f o r D e c i s i o n P a g e | 3 By-Law/Policy  P-43: Municipally Owned Vehicles Policy  P-04: Procurement Policy Financial/budgetary The are no budgetary implications for the adoption of this policy. Environmental Allows for more frequent review and procurement of new environmentally sustainable vehicles and equipment, to reduce the carbon footprint of Kaizer Meadows landfill. Strategic Priorities Environmental Stewardship:  Landfill Equipment Replacement Policy  Transition 2050: Greenhouse Gas Emissions Mitigation Work Program Implications There are no work program implications. Has Legal review been completed? ___ Yes _ _ No _X_ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) None ATTACHMENTS None