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HomeMy Public PortalAbout2023-12-07_COW_Website Agenda Package.pdfPage 1 of 1 (Cover Pages) COMM ITTEE OF THE WHOLE AGENDA Thursday, December 7, 2023 at 8:45 a.m. Livestreamed via YouTube at www.youtube.com/modcvideo from 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 Committee of the Whole Minutes – September 7, 2023. 5. PUBLIC PRESENTATIONS/APPOINTMENTS 5.1 RV Anderson Presentation – Municipal Building Options at 9:00 a.m. 5.2 Proposal for NS Community Solar Program – SolarBank (Richard Lu) and Trimac Engineering (Joel MacNeil) at 9:30 a.m. 6. MATTERS ARISING 7. CORRESPONDENCE 8. BY-LAWS AND POLICIES 8.1 Human Resources Policy Update. 9. NEW BUSINESS 9.1 Consideration of January 4, 2024 Committee of the Whole Meeting (cancel or reschedule). 10. IN CAMERA 11. ADJOURNMENT 343 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of COMMITTEE OF THE WHOLE Council Chambers 151 King Street, Chester, NS Livestreamed at www.youtube.com/modcvideo On Thursday, September 7, 2023 at 8:45 a.m. CALLED TO ORDER Warden Webber called the meeting to order at 8:47 a.m. Present: District 1 – Councillor Andre Veinotte District 2 – Deputy Warden Floyd Shatford District 3 – Councillor Derek Wells District 4 – Warden Allen Webber District 5 – Councillor Abdella Assaff District 6 – Councillor Tina Connors District 7 – Councillor Sharon Church Staff: Erin Lowe, Deputy CAO Pamela Myra, Municipal Clerk Jennifer Webber, Communications & Outreach Officer (Via Zoom) Emily Lennox, Executive Secretary Solicitor: Samuel Lamey Public: There were approximately 40 members of the public in the gallery. Regrets Tara Maguire, CAO APPROVAL OF AGENDA AND ORDER OF BUSINESS  Addition - Introduction of staff member.  Addition - Councillor Wells - Issue of J Class Road - review of criteria. 2023-385 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church the September 7, 2023 Agenda and Order of Business for the Committee of the Whole be approved as amended. ALL IN FAVOUR. MOTION CARRIED. Committee of the Whole (continued) September 7, 2023 344 PUBLIC INPUT SESSION (15 minutes) Steve Rogers - 157 Stanford Lake Road - voiced concerns about proposed sewer expansion on Stanford Lake Road. His concerns are:  The location of the pumping station in the expansion will be located on the road along his property’s road frontage, potentially limiting access or secondary access.  The road has flooded twice in the past ten years, and he is concerned there could be flooding in the pumping station location. The development will be encroaching on one side and the pumping station on another side of his property. If the plans are not finalized, is there a way to have the pumping station placed in a more acceptable location on the road.  Access to sewer - it is his understanding that houses would have to connect to the municipal sewer, however, he just installed a new system within the last few years. He would prefer not to connect and/or pay for the service on his taxes if he isn’t going to use it. Warden Webber noted that in some cases there is a fee charge and in other cases there is not. Some people will want to connect, and others may not. Mr. Rogers also commented on the lack of communication with regard to the sewer expansion and asked for more communication regarding the project. Warden Webber noted that staff will be advised of Mr. Rogers’ concerns and will communicate the options to him. Peggy Wilson, Main Street, Chester - outlined her issues with regard to granting a permit for the construction of a hotel on Valley Road. She has expressed her opinion previously to Councillor Wells and the Planning Department. She did not indicate that she was opposed, but commented on the lack of information, concerns about water, sewer, streetscape, noise, etc. In May she attended a presentation that discussed commercial uses that were to look like something that reflects the Village. She had requested information online through the Freedom of Information & Protection of Privacy Act (FOIPOP) and was noted that the information she requested was available without a FOIPOP request, but the information available was very limited. She spoke with the Planning Department and was advised that the developer met the base requirements - that was all that was needed. She felt there should be an option to decline the Committee of the Whole (continued) September 7, 2023 345 development if it was not suitable. It is the biggest development in the Village in the last 25 years. She felt it was not acceptable that there was “nothing she could do”. It was solely the call of the Development Officer to grant the permit. Not once was it considered to pass the development up the chain to Council. She felt there was a lack of communication. Ms. Wilson agreed to leave the copy of her remarks with staff. Warden Webber noted that the property is zoned commercial, and the hotel is a development that is allowed by right - that is what the Land Use By-Law says and that is the current process. In the new document under discussion, it is suggested that the Development Agreement Process be reinstated, which would ensure the public is engaged - this had been removed in the last version at the request of the public. Shannon Black - 65 Duke Street - asked for an annotated copy of the proposed secondary planning documents showing what has been taken from existing, amended, and what is new. She noted that attended one meeting, but there are others in the Village who still have no idea about the changes. It would be easier for them to understand the differences and what the rationale is for changes if a copy of all changes could be provided. She knows the meetings were advertised, but the advertisements were ineffective. She has since subscribed to email notifications. She heard vaguely from people standing in the hallway that the hotel happened in accordance with development permit process because there are no longer any development agreements - in the previous review residents didn’t want development agreements anymore. There are misgivings and dysfunction between council, offices, and residents. This is a great opportunity to open up to full and complete disclosure so everyone is happy with what is proposed. If Council demonstrated that they are hearing residents, a pdf that helps us understand what is on the table would be beneficial for everyone. Warden Webber noted that staff have gone out to the community but have not yet come back to Council to say, “this is what we’ve heard”. When that happens, Council will give them direction and decide the next steps. The Municipality carries out public engagement because we want to know what pepe have to say. Ms. Black felt that the public engagement wasn’t working and pressing pause at this time may be appropriate. A person in the audience offered to read the open letter to Council when it came up on the agenda. Committee of the Whole (continued) September 7, 2023 346 MINUTES OF PREVIOUS MEETING 4.1 Committee of the Whole – June 22, 2022 – Warden Webber. 2023-386 MOVED by Councillor Assaff, SECONDED by Councillor Church that the minutes of Committee of the Whole of June 22, 2023 be approved as circulated. ALL IN FAVOUR. MOTION CARRIED. PUBLIC PRESENTATIONS/APPOINTMENTS There were no public presentations. MATTERS ARISING 6.1 Request for Direction prepared August 21, 2023 - Community Development & Recreation Department - Small Option Dwellings (Department of Municipal Affairs & Housing). Garth Sturtevant, Senior Planner, and Paul Riley, Planner were present. Council welcomed Mr. Riley to the Municipality. The Planner reviewed the Request for Direction prepared August 21, 2023 regarding Small Option Dwellings (Department of Municipal Affairs & Housing). It was noted that small options home would be viewed as any other dwelling unit and would be incorporated into the community rather than be an institutional model. The intent is to ensure they are viewed as residential without additional permitting requirements. There will be a public participation process, the information will be reviewed with the Municipal Planning Advisory Committee, and then come to Council with draft amendments and recommendations from the Municipal Planning Advisory Committee. 2023-387 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the Committee of the Whole recommend to Council to direct staff to review and prepare amendments to the Municipal Land Use By-Law to add ‘small options homes’ provisions. DISCUSSION  Councillor Church asked if this would have an impact on the proposal for Peterson Lane and the Senior Planner indicated it is within the Village a different plan. Committee of the Whole (continued) September 7, 2023 347  Councillor Veinotte noted that the small options homes currently in place already are successes and best neighbours you would want. ALL IN FAVOUR. MOTION CARRIED. 6.2 Request for Decision prepared August 26, 2023 - Corporate & Strategic Management - Business Retention & Expansion Action Plan. Olivia Corkum, Economic Development Officer was present to review the Request for Decision prepared August 26, 2023 regarding the Business Retention & Expansion Action Plan. The information was prepared by Deloitte through surveys and focus groups. Councillor Wells asked about water as it was not mentioned in the Action Plan. It was noted that water was in the growth plan but could be added to this plan as well. Councillor Connors asked about “business associations” in consideration of businesses rather than associations. She recalled that there may have been 50 cent dollars directed to individual businesses in Liverpool, Yarmouth, and/or Shelburne. She asked if that could be looked into. 2023-388 MOVED by Councillor Connors, SECONDED by Councillor Assaff that the Committee of the Whole recommend to Council to approve the Business Retention and Expansion (BR+E) Action plan with the addition of water under the Long Term Action Plan items. ALL IN FAVOUR. MOTION CARRIED. CORRESPONDENCE 7.4 Open Letter to Council dated August 24, 2023 from The Chester Coalition of Common Sense Citizens. Kristen Dobrosky, Central Street, Chester read the Open Letter to Council dated August 24, 2023 from The Chester Coalition of Common Sense Citizens noting that the letter has been endorsed by 590 individuals in less than two weeks. Warden Webber noted that staff has not yet brought back the draft or comments to Council. Ms. Dobrosky noted that at the meetings held, the Senior Planner was asked how further consultation could be received and he noted that it would be through a request to Council. Councillor Veinotte asked who wrote the letter and asked if the Coalition has given any thought as to whether the village should have a water supply. Ms. Dobrosky stated that Committee of the Whole (continued) September 7, 2023 348 residents want a sustainable water supply. Councillor Veinotte noted that Council has wrestled with the water issue. There was a study and plebiscite and the majority of residents have said they didn’t want water, but it is a dominant issue when planning is discussed. Ms. Dobrosky commented that at a public meeting it was noted that residents didn’t want water and it was clarified by a resident present that the vote was against the proposed plan at that time and that was what caused the vote to go the way it did. The concern is that the proposed density without water sustainability is being considered. Residents don’t want a village plan that will result in water issues. They want it to be clear on how water concerns are going to be addressed. 6.3 Draft letter to Municipal Affairs regarding feedback on the proposed Service Exchange Memorandum of Understanding. a. Copy of letter from the Municipality of the County of Kings dated September 5, 2023 regarding the proposed Service Exchange and Municipal Reform. Warden Webber noted a few other municipalities have written and expressed similar concerns. Councillor Connors asked if any other letters received could be forwarded to Council. A break was held from 10:00 a.m. to 10:14 a.m. CORRESPONDENCE (continued) 7.1 Letter dated August 10, 2023 from Municipality of the District of Lunenburg regarding 2023/24 REMO Budget Allocation. 2023-389 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that the Committee of the whole recommend to Council to approve the request of the Regional Emergency Management Organization (REMO) Advisory Committee “that the REMO Advisory Committee recommend to the partner Councils that at the end of each fiscal year, any unspent REMO funds remain with REMO, to be placed in a reserve fo9r emergency funding. DISCUSSION:  Councillor Wells asked how much of a reserve can be built up and Warden Webber noted that the matter can be revisited and/or ended. The amount remaining depends on the year and it was noted that last year the remaining amount was approximately $3,000. Committee of the Whole (continued) September 7, 2023 349  Councillor Veinotte was happy to support the motion. SIX IN FAVOUR. ONE OPPOSED. MOTION CARRIED. 7.2 Letter dated July 19, 2023 from NS Public Works (Highway Planning and Design) regarding future Highway 103 twinning project (Hubbards to Chester) and request to complete consent form. It was noted that the Municipality did not own land along Highway 103, however, it was asked that staff request a preliminary design once it is available to provide to residents who may ask. 7.3 Email dated August 3, 2023 from Chris Campbell regarding Stanford Lake flooding. Warden Webber directed staff to add this matter to the quarterly meeting with the NS Department of Public Works (Transportation). There was a discussion on the roads and their conditions, in light of the storms happening recently. Roads are washing out and drainage is not adequate in many cases; more ditching and culverts may be required. Mr. Campbell recalled the state of Stanford Lake Road due to flooding and lack of drainage. It was agreed to discuss this with the NS Department of Public Works (Transportation). BY-LAWS AND POLICIES There were no by-laws or policies for consideration. NEW BUSINESS 9.1 Consideration - Cancellation or rescheduling of upcoming meetings: • September 21 - Committee of the Whole - Chambers upgrade (week of September 18 to 22). • October 19 - Committee of the Whole - NS Association of Municipal Administrators Conference. • November 9 - Council - NS Federation of Canadian Municipalities Conference. • December 21 - Cancel or hold a Committee of the Whole or Council meeting. Committee of the Whole (continued) September 7, 2023 350 2023-390 MOVED by Councillor Assaff, SECONDED by Councillor Church that the Committee of the Whole recommend to Council to cancel the following meetings due to conflicting events. If required an emergency meeting can be scheduled: • September 21 - Committee of the Whole • October 19 - Committee of the Whole. • November 9 - Council. • December 21 - Committee of the Whole. ALL IN FAVOUR. MOTION CARRIED. 9.2 Cell Phone Service (discussion) - Councillor Veinotte. Councillor Veinotte noted that cell phone service is getting worse even in areas near cell phone towers. There are also emergency response issues and people are moving from home phones to mobile service. He knows we have written letters; however, it was suggested a letter be forwarded to the federal government, via MP Rick Perkins and the Minister responsible. The Deputy CAO indicated that Build NS can be included in distribution of the letter as well. 9.3 J Class Road Criteria - Councillor Wells Councillor Wells attended a recent resident/community meeting regarding Walker Road, Chester. He noted that Council previously made a decision that moved Walker Road from the top of the road list to the bottom of the road list for repaving. He has asked for explanation on the new criteria - he feels the weighting should be amended, i.e., road condition should be at east 50% of the weighting. The province did not approve any of the roads we submitted for this fiscal year. There was a lengthy discussion on J Class roads and priorities, structural issues, responsibilities of the municipality and the province (50% of repaving J Class Roads only) criteria, and funding. Councillor Wells noted that he has roads in his district that he gets chronic complaints about and he wants to satisfy those people, and knows Council is sympathetic, but we can’t get the province to do their share. It was noted that Council had approved the criteria for staff to use in order to create a list of roads to submit for paving. Council agreed to allow resident of Walker Road, John Carroll, to speak. Committee of the Whole (continued) September 7, 2023 351 Mr. Carrol noted that they had a resident meeting and 35 of 37 residents attended. He noted that they were not aware of the criteria of how they got to the bottom of the list. He noted that one thing missing from the criteria is safety. It was noted that the underlying structure of the road causing safety concerns is the responsibility of the province. Mr. Carrol noted that during the winter months the road freezes and becomes very dangerous to drivers. He was told that Council needs to add Walker Road to the J Class Repaving List in order for the province (MLA) to add it to their list of repairs to get the structural work done. It is a safety issue. Councillor Wells noted that Pig Loop Road is still the top road in the criteria for his District. The July weather event (flooding) was discussed and it was noted that the province has been doing a tremendous amount of maintenance and repair work everywhere except Walker Road. Mr. Carrol noted that one of the neighbours instructed a contractor he had hired to clear the road to make it passable and paid for it himself. It was noted that the Municipality did not ask the province to fix any other roads, why would people believe we could tell them what roads to repair. Mr. Carrol noted that the MLA suggested that Council put Walker Road on the list; then she can get something done, then the Municipality can resurface. Safety is primary, resurfacing is secondary. Walker Road can’t be added to the list until the criteria is changed. It was agreed to have the criteria com back to Council for discussion. Mr. Carrol suggested safety be part of the criteria. A discussion was held regarding the bank along Walker Road and the landslide that took place. There has been an engineer’s report - Councillor Wells asked for a copy. It was agreed to invite Mr. Carrol to the next quarterly meeting with NS Public Works. 9.4 Food Truck Fair - Gold River Park - Councillor Assaff. Committee of the Whole (continued) September 7, 2023 352 Councillor Assaff noted that there will be a food truck fair at the Gold River Park along with a scavenger hunt and musical entertainment from 4-7 p.m. on Sunday, September 10. He also noted that the Pow wow is also taking place this weekend at the grounds in Beech Hill. 9.5 Ruby’s Spot - Councillor Connors Councillor Connors updated Council on the Annual Mobility Day at Ruby’s Spot in New Ross on Sunday, September 10th from 1-3 p.m. People can be chauffeured if they wish. There is an October rain date. IN CAMERA There were no In Camera items requiring attention. ADJOURNMENT 2023-391 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford, the meeting adjourn. ALL IN FAVOUR. MOTION CARRIED. (10:59 a.m.) ___________________________ ___________________________ Allen Webber Pamela Myra Warden Municipal Clerk NOTE: The recorded version of this meeting is available at www.youtube.com/modcvideo.