HomeMy Public PortalAbout2015-03-19_COW_Public Agenda Package
MUNICIPALITYOFTHEDISTRICTOFCHESTER
COMMITTEEOFTHEWHOLE
Thursday,March 19,2015–8:45a.m.
AGENDA
1.MEETINGCALLEDTOORDER.
2.MINUTESOFPREVIOUSMEETING:
2.1CommitteeoftheWhole–March 5,2015
3.MATTERSARISING:
3.1 P66 Terms of Reference – Review Committee
3.2 EDU Laundromat Update – memo dated March 9, 2015 from Director of Engineering and Public
Works.
3.3 Wind Turbine Results to February 28, 2015.
3.4 Chester Business Park Feasibility Study – Final Report (appointment at 10:15 a.m.)
4.CORRESPONDENCE:
4.1 Copy of news release dated March 12, 2015 – Minister Confirms Provincial Position on Villages.
5.NEWBUSINESS:
5.1 Kaizer Meadow Landfill – Proposed rezoning.
5.2 Physical Activity Coordinator Position.
6.ADJOURNMENT.
APPOINTMENTS ARRANGED
10:15 a.m. Chester Business Park Feasibility Study – Jozsa Management and Economics
InCamerafollowingregularsessionunderSection22oftheMGA
MUNICIPALITY OF THE
DISTRICT OF CHESTER
REQUEST FOR DECISION
REPORT TO: Warden Webber and Municipal Council Members
SUBMITTED BY: Matthew S. Davidson, P.Eng, Director of Engineering and Public
Works
DATE: March 9, 2015
SUBJECT: 2014-586/2015-006 Laundromat Data
ORIGIN: December 18th, 2014 — Appointment with Ms. Collicutt regarding
Laundromat Sewer Taxes
CURRENT SITUATION:
At the December 18, 2014 Council meeting the following motion was passed:
2014-586/2015-006 Laundromat Data
MOVED by Deputy Warden Shatford, SECONDED by Councilor Veinotte that the Committee of the Whole
recommend to Council that the data presented by Ms. Collicutt be referred to the budget process and
staff look at the data and provide, confirm or advise differently on the Laundromat. CARRIED.
This report provide Council with the results of staffs review and provides a recommendation
respecting the same.
RECOMMENDATION:
Since the calculated LOU closely matches the estimated value generated from the Sewer Bylaw, Staff
recommends Option 1.
BACKGROUND:
Staff meet with Ms. Collicutt on January 91h, 2015 at her place of business to review her submission for
accuracy. The spreadsheet, attached, was accurate based on the number of machines and hours of
operation. However, the water usage rates for each model of machine needed to be verified thorough a
Maytag Commercial Sale Representative. Ms. Collicutt provided contact information for the area's
representative, Steve Ash, who was contacted on January 9th at 9:30 am.
On February 13th, 2015, Steve Ash confirmed the model and water usage for each machine Ms. Collicutt
operates. Staff constructed a similar spreadsheet to the one submitted by Ms. Collicutt, see attached. In
summary, upon review of the water usage per machine, and hours of operation, the calculated EDU is
11.9.
DISCUSSION:
Refer to Section 2 under Implications, as well as the Options.
IMPLICATIONS:
I Policy:
By -Law 34: Sewer By -Law may need to be amended, based on the decision of Council.
2 Financial/Budgetary:
Reducing the EDU rate for this specific place of business or the entire category, will increase the
basic EDU value, albeit marginally.
3 Environmental:
4 Strategic Plan:
1) Maintain a high level of fiscal responsibility;
2) Continually improve public satisfaction with municipal services;
5 Work Program Implications:
Staff and Council time associated with the amendments of the aforementioned By -Law.
ATTACHMENTS:
1) Ms. Collicutt's submission
2) Staff calculations
OPTIONS:
1) Amend the current Bylaw 34 - Sewer Bylaw by creating a new user type specifically for this
place of business, and charge the revised EDU rate as calculated;
2) Do not make any amendment and continue to charge this place of business at the EDU rate as
currently set out in the Bylaw.
Prepared BY Matthew Davidson Date March 9, 2015
Reviewed BY Date
Authorized BY Tammy Wilson, CAO Date March 12, 2015
P
Municipal Sewer Tax Universal rate
Facts:
Each Equivalent dwelling unit Is assessed a rate of $529.63
Each single family dwelling is assessed the same rate regardless of occupancy
le Family of 2 members is assessed same rate as family of 5; No allowance given or calculated for
additional use sewer based on number of people residing in household
Restaurants are being charged .10 units for each group of ten seats
Hotel Motels and Tourist Cottages are being charged 0.50 units per room
Laundromat are being charged 1.0 units for each machine
The additional tax burden is being levied at the residents, and commercial entities, in an
environment that already pays higher property taxes, Income taxes, sales taxes
And higher costs of energy and fuel than other similar rural areas In Nova Scotia and Canada
My facility, Danl's Laundromat has recently purchased, within last 10 months all new energy
efficient, low flow machines, The utility bill is lower than most family dwelling consisting of more
than 3 occupants
The Universal Water usage that is accepted by all governing bodies at all levels, as well as corporate
bodies is 75 gallons per day per person,
What other Municipalities are doing for assessments of Laundromats in their jurisdictions
Queens -each machine Is 0,50 EDU
Kings County each machine Is 0.20 EDU
Halifax County- each machine is 1 EDU
In order to maintain the same level of expense to revenues ratios, after Including the new sewer
tax, the rates will have to increase by over 7%, That is assuming the sales volume remains the same.
The additional burden will cause higher prices for the users of the business within the municipality
of Chester and potentially business closing down. Both scenarios will have negative effects on the
tax base and revenues of the Municipality of Chester
I request a full review of the proposed levy as, for the Laundromat, which I own, the cost will be
$6885,19 per year. This expense Is the second highest of my company, just slightly less than my
equipment loan .
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MUNICIPALITY OF THE
DISTRICT OF CHESTER
REQUEST FOR DIRECTION
REPORT TO: Warden Allen Webber and Members of the Committee of the Whole
SUBMITTED BY: Tara Maguire, Director, Community Development
DATE: 12 March 2015
SUBJECT: Kaizer Meadow Landfill - Proposed rezoning
ORIGIN: Recent development opportunities that support Kaizer Meadow's
business model
CURRENT SITUATION:
The 2013 Economic Development Strategy contained a goal to become investment ready. This goal has
been carried over to Council's Strategic Plan. CBCL is currently in the process of wrapping up the
Business/Industrial Park Feasibility. One of the recommendations arising from both the ED strategy
and the CBCL feasibility study is an apparent need to identify industrial and employment lands
(including those not in a formal industrial park) and to zone them for appropriate uses.
The Municipality has recently announced a potential project that would involve the Municipality leasing
land within the Kaiser Meadow Landfill site for the operation of a processing facility that converts
landfill waste to pellets. In the General Basic Zone, this use is not permitted as of right under the Land
Use By-law of the Municipality. Either a Development Agreement between the company and the
Municipality, or a re -zoning, is required to permit the use.
RECOMMENDATION:
That the Committee of the Whole recommend to Municipal Council that Council:
Direct staff to prepare a report for consideration by the Municipal Area Advisory Committee and Citizens
Planning Advisory Committee recommending that the property occupied by the Kaizer Meadow Landfill
be rezoned from General Basic (GB) to a newly created zone with associated Municipal Planning Strategy
policies and Land Use By-law standards that accommodate various industrial uses.
BACKGROUND:
The Kaizer Meadow Landfill occupies 800± hectares in a remote area of the Municipality. The greater
part of the Municipality, including the KML, falls within the "General Land Use" area as defined in the
Municipal Planning Strategy, and is zoned General Basic (GB) in the Lard Use By-law.
MPS Policy 7.8.2 states that certain land uses contained in a Schedule to the Land Use By-law based on
'Provincial Activities Designation Regulations" are permitted only by Development Agreement.
Schedule "D' of the Land Use by-law lists those uses. They include:
A resource recovery facility to treat or process solid waste into useable secondary materials
or products, including fuel or energy, which is not owned by a municipality.
DISCUSSION:
The proposed operation by Sustane Technologies is to be privately owned and on land leased by the
Municipality. On the basis of the foregoing Land Use By-law provision in Schedule D, such a use is
permitted only by Development Agreement. There is nothing in the Municipal Government Act that
prevents a Municipality from entering into a Development Agreement with a private -sector group on
its own land. However, the normal process for a Development Agreement would require the property
owner to be a party to said Agreement. Given that the Municipality is the property owner, we would be
entering into a DA with ourselves, which could create significant legal complications. A similar situation
occurred when the Municipality undertook the Kaizer Meadow wind turbine project. It was also a use
that would have been subject to a DA. In that particular case, an amendment to the LUB occurred to
exempt the Municipality from the DA requirements when they were the owner of the wind turbine. This
amendment was specific to wind turbines and was not done as a general amendment to the General
Basic zone or the applicable schedules.
The stated goal of the Kaizer Meadow facility is to evolve into a business/industrial park. To succeed,
the facility should be 'open for business" and in so doing should have a readily accessible suite of
permitted land uses. One of the recommendations that has been suggested by CBCL in their initial
discussion with Council was the need to zone investment lands for as -of -right uses. This approach
eliminates some of the risk for investors, and expedites the development process which in turn makes
MODC more attractive to investors. In addition, by identifying the permitted uses up front, it can help
to reduce some of the potential land use conflicts for new residents. Accordingly, it is more appropriate
in this instance for Council to apply specific zoning regulations on the Kaizer Meadow lands that would
meet this goal.
IMPLICATIONS:
1. Policy:
In re -zoning the subject property for as -of -right uses, supporting policy would also be required in
the Municipal Planning Strategy.
2. Financial/Budgetary:
The proposed rezoning entails standard costs for advertising and public meetings. It is anticipated
that the proposal would employ an early public information meeting which would be held prior to
the issue being discussed at Municipal AAC and the CPAC. Staff would also propose that, in addition
to notice being provided to adjacent property owners within 500 feet, a flyer also be delivered to
residents in RR2. The cost of this additional advertising is approximately $40.
3. Environmental:
It is presumed that the proposed processing facility meets all environmental management
standards of the Kaiser Meadow Landfill.
Strategic Plan:
Goal 6: The Municipality will promote conditions conducive to fostering economic prosperity.
Action; Rebrand and promote Kaizer Meadow as an industrial/business park with unique attributes
such as high-tech landfill, recycling facilities and onsite water treatment.
4. Work Program Implications:
Planning process elements require significant staff co-ordination and should be added to list of
priorities for CDD on the Work Plan. It is recommended that if this a priority for Council that the
Strategic Priorities Chart be revised to delay the Street Scape Plan- Prioritization, from Nov 2015 to
Jan 2016, and that this item be added with a target completion date in July of 2016.
ATTACHMENTS:
Map showing area proposed for re -zoning.
OPTIONS:
1. Direct staff to prepare a report for consideration by the Municipal Area Advisory Committee
and Citizens Planning Advisory Committee for amendments to Municipal Land Use By-law to
exempt all projects that are on municipal property from the requirements for a Development
Agreement;
Direct staff to prepare a report for consideration by the Municipal Area Advisory Committee
and Citizens Planning Advisory Committee recommending that the property occupied by the
Kaizer Meadow Landfill be rezoned from General Basic (GB) to a newly created zone with
associated Municipal Planning Strategy policies and Land Use By-law standards.
Prepared By
Bill DeGrace, Senior Planner
Date
12 March 2015
Reviewed By
Tara Maguire, Director, Comm. Dev't.
Date
13 March 2015
Authorized By
Tammy Wilson, CAO
Date
13 March 2015
MUNICIPALITY OF THE DISTRICT OF CHESTER
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MODC P66 Review Committee
Terms of Reference: March 2015
1.0 General Responsibility
The P66 Review Committee is an ad hoc committee appointed by Council and is responsible to
review Policy P66 Fire Advisory Committee Terms of Reference, dated October 13, 2013 and to
recommend to Council any revisions that may be appropriate.
As an Ad Hoc Committee, the term of the Committee shall expire upon delivery of report to Council
outlining any recommended revision to Policy P66 Fire Advisory Committee, Terms of Reference, and
upon acceptance by Council of the same. Unless otherwise so detlned by Council
2.0 Membership and Support
The Committee membership shall be as follows:
Wendy Rafuse, Chair of Fire Advisory Committe�
Tim Morash, Hubbards Fire Commission Chair
Frank Richardson, Western Shore Fire Commission
Phillip Publicover, Blandford Fire ChigV _9
Billy Zinck, Chester Village Commission�
Lyle Russell, New Ross Fire Departmentef
Stuart Hirtle, Chief of Martins River Fire D40*1
There are no appointer [n' y vacant
Council.
Support and advisory sffiftm thgAunicipa
3.1 `d ch member wrRlErmve a M
3.2 T"rW`c�"_ hairperson willVte,on a
3.3 Supp 2 —__pd advisory stiaffare
filled by appointment of
be available to the Committee as required.
to vote.
The Chairperson and Ch person are to be nominated and approved by a show of hands
by the Voting Members 6Q_`rJkst meeting of the Committee. The Chairperson is to be nominated
from the Members. It shall be the general duty of the Chairperson to open, preside over and adjourn
the Committee meetings. In the absence of the Chairperson, it shall be the general duty of the
Vice Chairperson to take these duties. If a Chair and vice Chair are not approved by the Committee,
Council will appoint such positions.
5.0 Motions
5.1 Members are entitled to make motions to the Committee. No motion shall be voted upon unless
seconded.
5.2 When a decision on any motion is required, the Chairperson shall ask for a show of hands
and shall declare the result
Page 1 of 2
5.3 Every Voting Member of the Committee, who is in attendance, shall vote on that motion.
5.4 Any Voting Member who does not vote shall be deemed as voting in the negative.
5.5 All motions shall be decided by a majority of votes. In the event of a tie, the motion on shall
be defeated.
6.0 Meeting schedule
6.1 The Committee shall decide on specific meeting dates as required to complete its
responsibility.
6.2 All meetings will be held in the Council Chambers at the Municipal Offices in Chester.
6.3 Meetings shall commence at 6:30 p.m. and adjourn no later than 9:30 p.m.
7.0 Meeting Agenda and General Proceedings
7.1 A quorum will represent two thirds (2/3) of the Voting Members of the Committee.
7.2 Attendance at the Committee meetings will be recorded by a Members sign in record.
7.3 The agenda for the meetings will follow a general format as follows:
- General call to order and approval of the Minutes of previous meeting
- Business arising from the Minutes
- New Business
- Adjournment
7.4 Meetings will be conducted in accordance with Procedural By-law #79 Rules Governing
Proceedings of Council unless otherwise stated in these Terms.
7.5 Good order and conduct will be observed by all Members and other attendees in all
meetings.
7.6 Members of the public or fire service who wish to attend and listen to proceedings are
welcome, however, are able to address the Committee only upon unanimous approval of the
Committee.
8.0 Meeting Minutes
Support staff from the Municipality will compile and distribute the minutes of each meeting.
Minutes will be distributed to the Membership at least one week prior to the next scheduled
meeting.
9.0 Remuneration
Members are not remunerated by Council for service on the Committee.
10.0 Reports and Recommendations
Committee reports and recommendations to Council will be signed by the Chairperson and a majority
of the Voting Members of the Committee. If the Committee is not unanimous, the minority may
submit separate reports and will be preserved as part of the records of the proceedings of Council.
11.0 Dissolution of the Committee
The Committee is an Ad Hoc Committee of Council, whose purpose is to advise Council respecting
review of Policy P-66, Fire Advisory Committee Terms of Reference. Upon completion of its purpose and
acceptance of the same by Council, the Committee shall be dissolved unless otherwise determined by
Council.
Page 2 of 2
Municipality of the District of Chester
Policy P-66 Fire
Advisory Committee
Terms of Reference
Policy P-66 Fire Advisory Committee Terms of Reference (continued
MUNICIPALITY OF THE DISTRICT OF CHESTER
POLICY P-66
FIRE ADVISORY COMMITTEE TERMS OF REFERENCE
1. General
The Fire Advisory Committee (FAC) is a Committee of Council of the Municipality of the District: of
Chester, appointedby Council (1996), to reviewand recommend upon issues pertaining to the
development and maintenance of cost effective fire andemergency response services meeting the
needs of the citizens of the Municipality. As a Committee of Council, it is generally governed)y the
Municipal Government Act andMunicipal Policy on Committees of Council andtheir Duties andshall
operate in accordance with Procedural Ey Law #79, Rules Governing Proceedings of Council
(October, 2008) unless otherwise specifiedin these Terms of Reference.
The Fire Advisory Committee has establisheda Vision and Mission Statement as follows;
Vision Statement
To encourage the development and maintenance of a modern, efficient and effective fire and
emergency response service that serves andmeets the needs of the Municipality of the
District of Chester.
Mission Statement
To provide an open forum to develop a cooperative and cost effective approach utilizing a
competent volunteer force of first responders to meet the needs of the Municipality for the
ongoing protection from fire andother emergencies.
General Duties and Responsibilities!
The General Duties andResponsibilities of the FAC shall consist of, but not be limitedto, the
following:
1. To advise, report andmake recommendations to Municipal Council on local, provincial or
federal legislation that couldimpact on the fire andemergency response serviceswitbin the
Municipality.
2. To advise, report andmake recommendations to Municipal Council on the development of
Municipal wide fire services policy consistent Wth good risk management principles and
meeting the current fire services standards as established by the NFPA and other
associations.
3. To review funding issues and opportunities to support and maintain the fire and emergency
response services.
Notice of Intention to Amend- Committee of the whole -September 22, 2011 (2011-521) Page 2 of 6
First Notice - Council - Septembor 29, 2011(2011-553)
Second Notice - Council - October 13, 2011 (2011-567)
Effective Date - October 13, 2011
Policy P-66 Fire Advisory Committee Terms of Reference (continuecil
4, To recommendthe appointment, by Council, of a Director to the Fire Services Association of
Nova Scotia (FSANS) to represent the fire andemergency response services of the
Municipality,
3. Committee Membership
The Membership shall be a total of 9 Membfrs consisting of 1 member from each of the 6 Fire
Commissions andl Village Commission for a total of 7 Members and2 Councilors as so appointed
Note; The 6 Fire Commissions andthe 1 Village Commission are, hereafter, in this cbcument,
referred to as Fire Commissions.
1. The Membership for the Fire Commissions shall be the respective Commission Chair or
appointed alternate, The Membership for Council vdll be appointedby Council.
2. The Membership nominations WE be presentedto Council for approval. If any Member
wishes to resign from the FAC, this resignation shall be presentedto Council in writing and
shall not take effect until it is acceptedby Council.
3. Support and advisory staff from the Municipality will be available to the Committee as
required. The Fire Services Coordinator will serve as the primary liaison with Council on
initiatives and programs developed by the Committee,
4. Chairperson and Vice- Chairperson
1. The Chairperson is to be nominatedand approved by a show of Voting Cards by the Voting
Members at the first meeting of the Committee in February annually. The Chairperson is to
be nominated from the Members of the Fire Commissions. In the event of more tbau one
nomination, the selection will be made by secret ballot. If the position of Chairperson
becomes vacant, the Committee shall nominate a Chairperson at the first meeting follmAng
such vacancy. The Chairperson is appointedby Council.
2. It shall be the general duty of the Chairperson to open, presid- over and adjourn the
Committee meetings,
3. In a similar manner the Vice -Chairperson is to be nominatedby the Voting members. The
Vice Chairperson is appointedby Council. It) the absence of the Chairperson, it shal be the
general ditty of the Vice Chairperson to open, presid,, over and adjourn the Committee
meetings.
4. In the event of a tie vote for two nominees for the position being votedupon and where the
Committee has votedup to three times to break the tie, theChairperson shall determine the
nominees to be declared elected by "Lot", one name being drawn by the Municipal Cleric or
delegate.
Notice of Intention to Amend —Committee of the Whole -September 22, 2011 (2011.521) Page 3 of 6
First Notice - Council -September 29, 2011 (2011-553)
Second Notice - Council - October 13, 2011 (2011-567)
Fffective Date- October 13, 2011
Policy P-66 Fire Advisory Committee Terms of Reference (continue
5. Motions
1. Members are entitledto make motions to the Committee.
2, No motion shall be votedupon unless seconded.
3. All motions carriedby the Committee must be approvedby Council before implementation.
6. Voting
1. Each Fire Commission will identify one (1) Voting Member andan Alternate for their district.
2. The appointed Alternate will vote only in the absence of the Voting Member,
3. The Chairperson will vote on all matters. The Chairpersons vote is countedas a replacement
for the Fire Commission that is representedin this position. This vote is not an adlitional
vote for the district.
4. The Vice -Chairperson will vote in the absence of the Chairperson. The Vice -Chairperson's
vote is counted as a replacement for the Fire Commission that is representedin this position,
The Chairperson's vote, in this case, will revert to the Voting Member or Alternate of the
Chairperson's commission.
5. Council members will vote, on all matters.
6. Support and advisory staff are not entitledto vote.
7. When a decision on any motion is required the Chairperson shall ask for a showof Voting
Cards and the Chairperson shall declare the result.
S. Every Voting Memberof the Committee, who is in attendance, shall vote on that motion,
9. Any Voting Member (or Alternate) who does not vote shall be deemed as voting in the
negative.
10. All motions shall be decided by a majority of votes. in the event of a tie, the motion votedon
shall be deemedto be determined in the negative.
7; Meeting Schedule
1 The FAG shall meet on the thirdWednesday of February, April, June, August, October, and
December.
2. When a meeting falls upon a holiday ora day deemed inappropriate, the Chairperson shall
set a new date.
3, The Committee shall decide on, by accepted motion, and publish any changes in the above
Notice of intention to Amend - Committee of the Whole - September 22, 2011('2011-521) page 4 of 6
First Notice - Council - September 29, 2011(2011-553)
Second Notice - Council —October 13, 2011 (2011-567)
Effective Date - October 13, 2011
Policy P-66 Fire Advisory Committee Terms of Reference (continues]
schedules.
4. All meetings will be held in the Council Chambers at the Municipal Cffices in Chester.
S. Meetings shall commence at7;30 p.m, and adjourn at 9:30 p.m.
6. The Municipal Cleric shall publish notice of each meeting as requiresby the Municipal
Government Act.
8. MeetingAgendas and General Proceedings
1. Every meeting shall be presided over by the Chairperson or, in his absence, bythe Vice -
Chairperson. if both are absent, the Committee may temporarily appoint a Chairperson from
the Members present,
2. The agenda for the meetings will follow a general formatas follows:
a. General call to order and approval ofthe Minutes of previous meeting
b. Business arising from the Minutes
c. Discussion of items of urgency
d. Any necessary nominations
e. Reports of subcommittees andbusiness arising from the reports
f. New Business/Correspondence
g. Adjournment
3. The FAC will be conducted as an open meeting except where maybe permittedto be "In
Camera", Good order and conduct will be observedby all Members and other attendees in all
meetings.
4. Members of the public or fire service vft wish to attend and listen to proceedings are
welcome however are able to address the Committee only upon unanimous approval of the
Committee.
5, The Chairperson may call special meetings at such a time andplace as he feels advisable.
6. Attendance at the Committee meetings will be recorded by a Members sign in record
7. A quorum will represent two thirds (2/3) of the Voting Members of Committee.
9. Meeting Minutes
Support staff from the Municipality will compile and distribute the minutes of each meeting. Minutes
wIII be distributed to the Membership at least one ``eels prior to the next scheduled meeting, A copy
of the approved minutes shall be printed and entered into the Minute Book and shall be deetnedto
be the original minutes of the meeting.
Notice of Intention to Amend - Committee of the Whole - September 22,2011 (2011-S21) Page 5 of 6
First Notice - Council -September 29, 2011 (2011-553)
Second Notice - Council - October 13, 2011(2011-567)
Effective Date - October 13, 201.1.
Pohey P-66 Fire Advisory Committee Terms of Reference (continued
10. Remuneration
Members are remunerated by Council at the current rate ($/km) for the fuel expense incurredto
and from scheduled meetings.
11. Reports
The FAC will report in writing on all matters referredto them by Council as appropriate andprovide
Council a general summary of activities annually. The reports will be signed by the Chairperson and
a majority of the Voting Members ofthe Committee. If the Committee is not unanimous, the
minority may submit separate reports andwill be preserved as part ofthe records of the
proceedings of Council.
Notice of Intention to Amend - Cormnill ee of the Whole - September 22, 2011 (2011-521.) Page 6 of 6
First Notice - Council - September 29, 2011(2011.553)
Second Notice - Council - October 13, 2011(2011-567)
Effective Date — October 13, 2011