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HomeMy Public PortalAbout2015-03-26_Council Public Agenda PackageMUNICIPALITY OF THE DISTRICT OF CHESTER CHESTER MUNICIPAL COUNCIL Thursday, March 26, 2015 at 8:45 a.m. AGENDA 1. MEETING CALLED TO ORDER. 2. MINUTES OF PREVIOUS MEETING: 2.1 Council - Thursday, March 12, 2015 3. MATTERS ARISING: 3.1 Request for Direction dated March 19, 2015 from Senior Planner regarding amendments to the Heritage Property Act and Regulations for Heritage Conservation Districts. 4. COMMITTEE REPORTS: 4.1 Committee of the Whole - March 19, 2015 - Warden Webber 4.2 Building Code & Unsightly Premises Committee - February 17, 2015 - Councillor Veinotte 4.3 RCMP Advisory Board - February 17, 2015 - Warden Webber 4.4 Recreation & Parks Committee - March 16, 2015 - Councillor Connors 4.5 Any other Committee Reports. 5. CORRESPONDENCE: 5.1 Letter from South Shore Safe Communities dated March 2, 2015 regarding Lunenburg County Seniors Safety 2014 Year -End Report. 5.2 Letter from Regional Emergency management Organization dated March 19, 2015 regarding 2015/16 Operating Budget to partner Municipal Units for approval. 5.3 Request for Decision dated March 10, 2015 from Fire Services Coordinator regarding Municipal Mutual Aid Emergency Services Agreement. 5.4 Letter from New Ross Farmers Association requesting consideration to have the Association added to By -Law #74 Tax Exemption for Charitable, Non -Profit Organizations, Municipal Water Utilities and Licensed Day Cares. 6. NEW BUSINESS: 6.1 Change of date for Council of April 9 to April 16. ADJOURNMENT. In Camera following regular session under Section 22 of the MGA Page 1 of 1 Building Code & Unsightly Committee - (continued) Tuesday, February 17, 2015 MOTIONS REQUIRING APPROVAL OF COUNCIL FROM FEBRUARY 17, 2015 BUILDING CODE & UNSIGHLTY PREMISES COMMITTEE MEETING 2015-094 APPROVAL OF MINUTES - NOVEMBER 25, 2014 69 MOVED by Councillor Myra, SECONDED by Councillor Veinotte the minutes of the November 25, 2014 Building Code & Unsightly Premises Committee meeting be approved as circulated. CARRIED. 2015-095 ADJOURNMENT RCMP Advisory Board Tuesday, February 17, 2015 MOTION REQUIRING APPROVAL OF COUNCIL FROM FEBRUARY 17, 2015 RCMP ADVISORY BOARD 66 2015-093 APPROVAL OF OCTOBER 28, 2014 MINUTES MOVED by Hans Stokkeskog, SECONDED by Councillor Myra the minutes of the October 28, 2014 meeting of the RCMP Advisory Board meeting be approved as circulated. CARRIED. safe�� r, • . �'Souz`/1 SLio1'e 122 Lakeview Haven Dr. Hebbville. B4V7A9 Phone: 902 543 1871 e-mail: paulfynes@cast]ink.ca To: Municipality of Chester Municipality of Lunenburg Town of Bridgewater Town of Lunenburg Town of Mahone Bay United Way of Lunenburg County Community Health Board of Lunenburg County Date: March 02, 2015 Dear Partners, Received MAR 0 6 2015 Original to _ Reviewed by Attached please find the Lunenburg County Seniors Safety 2014 year-end report. As contributors who collectively make this program work for our citizens you are entitled to see your dollars at work. The second coordinator only came on board in November so we expect the reach of the program to be significantly higher in 2015. It should be noted that many of the dementia and mental illness cases that Beth and Alicia deal with are extremely complex cases requiring many hours of service over months and sometimes years. If you have any questions please let me know and we would be happy to answer them or make a presentation to council, as you wish. Additionally we are requesting funding for 2015/2016. As each municipal unit has different procedures and time -tables please let us know what paperwork you require from us. Just to refresh your memory what we received in 2014/2015 was: Dept of Seniors $20,000 l% 0/1 United Way $10,000 �e�U LCCHB $ 3,000 MoD Lunenburg $10,622 /��uJc ick ei Town of Lunenburg $ 1,000 C�� ��— MoD Chester $ 4,330 SAK COMMUNUIES CANADA >;; NAT o "ISMUQ s f-WM , V IR 86 � i iM '5"M 7 '?7 215 Dominldn Sfred, Suite 109 Bridgewater, NS B4V 2K7 Phone: 902 543 085.3 Fuz: 902 543 8024 infoOsouthshoresafecommunities.ca www.southshorosofecommunities_ca Town of Mahone Bay $ 387 Town of Bridgewater $ 3,191 We are requesting the same amounts for the 2015/2016. The Dept. of Seniors has already sent us their cheque and we have submitted our request to United Way. As you can see from the report, the golden years are not golden for everyone. There are huge gaps between the various systems meant to help our seniors. The Seniors Safety Program effectively navigates between these systems to improve the lives of seniors. Without your financial support none of this would happen. Thanks for your attention. YF ince�rely, Pan[ Fynes Chairperson of South Shore Safe Communities. WE COMMUNIMES CANADA DFS�GNATED MENDER Lunenburg County Seniors Safety Program 2014 Summary Report The Program in Brief Lunenburg County Seniors Safety Program is a project of South Shore Safe Commu- nities (SSSC), housed at Bridgewater Police Service, and governed by an advisory com- mittee made up of BPS, RCMP, SSSC, and the five municipalities in Lunenburg Coun- ty. In November, 2014 the program went full-time, with two half-time coordinators sharing the position—Beth George and Alicia van de Sande. Seniors Population Growth 2004 2011 1031 Services One of the most important services offered through the program are home visits made to speak to seniors about their concerns and safety issues: • In 2014, we made 189 home visits, an increase of 44% from 2013 • Since 2010, the program has seen an 166% increase in home visit referrals • 80% of the seniors served through the program live outside Bridge- water The Need The senior population in Lunenburg County continues to grow. By 2031, it's anticipated over 35% of our citizens will be 65 or older. As our population ages, we anticipate increased rates for dementia (14.9%), disability (64% age 75+), and elder abuse (12%). Home Visits 189 2014 "Our mom and dad are seniors residing in a. small community outside of Bridgewater. My father suffers from dementia and my mother takes care of him full time. The four of us live out of province. We have a brother that lives close by, but unfortunately he is notable to provide much support. These factors cause a lot of stress on my mom and subsequently the whole family. We are very fortunote to have Beth George able to assist my mom who struggles to cope with day to day affairs. Beth has visited my parents at their house on several occasions, providing guidance and information as needed. On numerous occasions [my mother] has said that Beth has been a tremendous help. By extension Beth has given the four of us a bit of comfort knowing that my parents have help close by." Seniors reached in Group Programs 2010 2011 2012 2013 2014 In 2014, over 570 seniors were reached through group programs and presentations made to seniors organizations, residences, fairs, pic- nics, and other events. Group pro- grams offered in 2014 include: • Seniors Police Academy • Living Alone • Seniors Safe Driving Communities served in 2014 Bayswater Blockhouse Blue Rocks Bridgewater Camperdown Centre Chester Chester Basin Clearland Colpton Crescent Beach Dayspring East LaHave First South Front Centre Gold River Hebbville Hubbards Lake Centre Lunenburg Mahone Bay Maitland Middlewood Mount Pleasant New Cumberland New Germany New Ross Petite Riviere Pleasantville Riverport Seffernvil le Simpsons Corner The Forties W entzell's Lake West Northfield Western Shore Wileville Partnerships & Referrals The Lunenburg County Seniors Safety Program enhances services by working collaboratively with community partners. We encourage caregivers, volunteers, and the public to become part of the solution and help our limited resources go further. Currently we offer programs and services to all parts of the county by partnering with RCMP, VON, Aspotogan Heritage Trust, Chester Recreation, and other partners. Our primary referring agent is police. We follow up on many police files that might otherwise require expensive police resources. We also work closely with the Seniors Community Health Team, South Shore Health, Alzheimer's Society, NS Housing, Continuing Care, and seniors themselves. 4°% Fraud Driving & dementia 9°, Funding Report Since its inception in 2009, the program has been funded by the Department of Seniors' Seniors Safety Program grant funding at $20,000 per year. In 2014, new funding partners came together to provide enough resources to bring the program to futll-time. The program is funded in part by the municipalities, and receives grants from the United Way of Lunenburg County, the Lunenburg Community Health Board, and the Department of Seniors. REVENUE Theft / In 2014 we received Referral Concern Break-ins 76 new referrals. The 3,000 3°% most common concerns -3°� 1,000 referred to the program 4,330 Mahone Bay for action were related to Town of Bridgewater 3,191 mental health (25%), 52,530 Honorariums dementia (25%), and TOTAL 52,530 financial abuse (10%). iChecAlienation Our most common referring agent is po- lice—both RCMP(38%) Financial and Bridgewater Police Abuse Service (23%), followed by referrals from the i0% Domestic community (23%) and k Violence self -referrals (10%). 8% 5°% Since its inception in 2009, the program has been funded by the Department of Seniors' Seniors Safety Program grant funding at $20,000 per year. In 2014, new funding partners came together to provide enough resources to bring the program to futll-time. The program is funded in part by the municipalities, and receives grants from the United Way of Lunenburg County, the Lunenburg Community Health Board, and the Department of Seniors. REVENUE Dept of Seniors 20,000 United Way 10,000 Community Health Board 3,000 MOD Lunenburg 10,622 Lunenburg 1,000 MOD Chester 4,330 Mahone Bay 387 Town of Bridgewater 3,191 TOTAL 52,530 EXPENSES Salaries 40,000 Facility Rental 400 Professional Development 800 Vehicle Maintenance 2,000 Office Equipment 2,500 Travel 3,200 Hospitality 1,100 Insurance 1,300 Clothing Allowance 500 Honorariums 100 TOTAL 52,530 �k SH �yIS� �'w, �� • REPORT TO: SUBMITTED BY: DATE: SUBJECT: '1 I "113 CURRENT SITUATION: j3 MUNICIPALITY OF THE DISTRICT OF CHESTER REQUEST FOR DECISION Tammy Wilson Bruce Blackwood, Fire Services Coordinator 10 March 2015 Municipal Mutual Aid Emergency Services Agreement. January 2015 Municipal Mutual Aid Emergency Services Agreement, June 2007 The Municipal Mutual Aid Emergency Services Agreement, dated June 2007 was to be reviewed in December of 2008 and to be reassessed every 4 years following that date. There has been no review or renewal of this agreement to date. RECOMMENDATION: That the Committee of the Whole recommend to Municipal Council that Council co-sign the Municipal Mutual Aid Emergency Services Agreement, dated, January 2015 as presented and signed by the 6 Fire Commissions of the Municipality of the District of Chester and the Chester Village Commission. BACKGROUND: Recognizing that a fire or other emergency could affect any fire department to such a degree that their local resources would be inadequate to cope with the situation, the fire departments registered and providing services within the Municipality of the District of Chester have need of mutual aid support from each other. Such arrangements provide for the most effective response to specific incidents that are beyond the capability of any individual department. The Municipal Mutual Aid Emergency Services Agreement, dated June 2007, has been reviewed and updated. The 6 Fire Commissions of the Municipality of the District of Chester and the Chester Village Commission have signed the revised Agreement dated January 2015 and such is awaiting acceptance by the Municipality. DISCUSSION: The Municipal Mutual Aid Emergency Services Agreement, dated June 2007, has been reviewed and re -issued as of January 2015. Changes to the 2007 agreement include a new reference in 1 (c) to " established dispatch protocols' allowing for the future development of such protocols between the departments and the dispatch agencies. Secondly, at the FAC meeting of December 10, 2014, (Minutes Section 4.4), the Fire Commissions and Village Commission requested that they be the recognized Authority Having Jurisdiction (AHJ) for the Agreement. Consequently, the requirement for the Departments' co -signatures was removed. This agreement is related to the fire and emergency services at a first responder level within the District of Chester and independent of any inter—Municipal emergency response agreements that may be in effect. IMPLICATIONS: 1 Policy: P33 Registration of Emergency Services Providers. Mutual and automatic aid agreements are required to maintain Superior Water Shuttle accreditation as issued by Fire Underwriters. 2 Financial/Budgetary: There is no impact on the Municipal budget as the fire and emergency services are funded through fire district taxation. 3 Environmental: Not applicable. 4 Strategic Plan: Goal 2: The Municipality will continually improve satisfaction with municipal services. 5 Work Program Implications: Staff co-ordination required for records management and review process. ATTACHMENTS: Municipal Mutual Aid Emergency Services Agreement. January 2015 (Original as signed by the 6 Fire Commissions of the Municipality of the District of Chester and the Chester Village Commission). OPTIONS: 1. Co-sign the Municipal Mutual Aid Emergency Services Agreement, dated, January 2015 as presented and signed by the 6 Fire Commissions of the Municipality of the District of Chester and the Chester Village Commission and provide ongoing records management and review. 2. Not provide the co -signatures. This option would fail to recognize the cooperative agreement amongst the fire and emergency services providers in the various Districts. Without this mutual aid agreement the Municipality may be put in a position to further evaluate the "stand alone" capabilities of each department to meet the emergency services requirements and such evaluations may impact the registration process under Policy P33. Without a recognized Mutual agreement, the individual fire departments would not be able to meet the current domestic fire protection ratings issued by fire Underwriters. Prepared BY Bruce Blackwood, Fire Services Date 10 March 2015 Coordinator Reviewed BY Tara Maguire, Director, Comm. Date 10 March 2015 Dev't. Authorized BY Tammy Wilson, CAO Date MUNICIPALITY OF THE DISTRICT OF CHESTER MUTUAL AID EMERGENCY SERVICES AGREEMENT WHEREAS a fire or other emergency could affect any Fire Department in the Municipality to such a degree that local resources would be inadequate to cope with the situation and; WHEREAS the organizations named below wish to make pre -arrangements for the quickest possible reaction in support of one another when any of thein may. be affected or threatened by fire or other emergency and require assistance; THEREFORE the parties agree: Each fire department, if and when in need of help to combat fire or other emergency may request mutual aid from the other fire departments, subject to the following conditions: (a) the officer in charge of the responding unit shall direct and control his personnel and equipment in co-operation with the officer in charge of the incident while retaining responsibility for the safety of his people, equipment and apparatus; (b) calls for aid shall be made by the Fire Chief or such other officer to whom he may assign this authority; (c) calls for aid shall be made using established dispatch protocols to the fire department whose assistance is being sought; (d) calls for mutual aid shall specify the type and extent of aid required; (e) any extraordinary or unusual costs incurred, in the form of extinguishing agents only, in the provision of assistance by a responding party shall be borne by the requesting party; This agreement will come into force on the I" day of January 2015, and will be reassessed every four years in November. Any party to this agreement may withdraw from this agreement by giving 30 days notice of tennination in writing to the other parties. MODC Mutual Aid Emergency Service Agreement, January 2015 MUNICIPALITY OF THE DISTRICT OF CHESTER MUTUAL AID EMERGENCY SERVICES AGREEMENT For Chester Village Commission: AI •11 F�� 0) - For ChesW/Basin (District 4) Fire Commission: & Area (District 1) Fire Commission: For Hubbards (District 2) Fire Commission: For Martin's River jDistrict 5) Fire Commission: For New Ross Fire (District 6) Fire Commission: For Western Shore (District 5) Fire Commission: For the Municipality of the District of Chester: Warden Allen Webber Tammy Wilson, CAO 2 MODC Mutual Aid Emergency Service Agreement, January 2015 New Ross Farmers Association Attn: Marty Murphy PO Box 129, New Ross NS BOJ' 2M0 (902) 689 2025 urarty.murphy@ns.syrnpatieo.ca Mr. Steve Graham Director of Finance/Treasurer Municipality of the District of Chester PO Box 369, 151 King St. Chester, NS 1301 110 March 16, 2015 Dear Steve: As you may recall, in 2014 the New Boss Farmers Association asked me to look into details about how we might get municipal street lights along Highway 12 adjacent to our fairgrounds, so 1 contacted you for assistance with this matter. To our surprise, you discovered our property was not in the name of the New Ross Farmers Association, so we asked lawyer Derek Wells to rectify this and he did. It is my understanding this oversight also resulted in confusion over our status regarding municipal property taxes which to date, were neither billed to nor paid by out organization. You indicated by phone conversation we are required to pay the area rate component of municipal property taxes and that a letter should be written to the municipality noting we are nonprofit and therefore exempt from paying the other municipal taxes. As a nonprofit organization, our main event is the atmual 2 day fair in August. Our facilities are also used by numerous other community groups to fundraise or hold events during the fair and throughout the year. Any funds raised are used to pay for operating expenses or improvements to our grounds and facilities. If there are any additional questions regarding our nonprofit status, please contact me. We note with appreciation your assistance with these matters and the importance of having our property now properly registered in the name of the New Ross Farmers Association. TO 39Vd 9ZOZ689ZO6 Z5:0T 9Te3/9T/60 DRAFT 1- AMENDMENT - NEW ROSS FARMERS ASSOCIATION Municipality of the District of Chester Tax Exemption for Charitable,• • Organizations,• . NIT.2, ter Utilities•1 By -Law No. 74 Amended Effective - 11) �G� ,� / MUNICIPALITY OF THE DISTRICT OF CHESTER TAX EXEMPTION FOR CHARITABLE, NON-PROFIT ORGANIZATIONS, MUNICIPAL WATER UTILITIES AND LICENSED DAY CARES BY-LAW # 74 1. The By -Law shall be known as the Tax Exemption By -Law. 2. The real property of the organizations or institutions named in Schedules "A", "B", "C", "D", & "E" to this by-law that would otherwise be classified as commercial property shall be exempt or taxed in accordance with the particular schedule as well as the business occupancy of licensed day cares named in Schedule "E". 3. The partial or total exemption provided in Section 2 shall apply only to that portion of the real property specified in the schedule. 4. When a property, or part thereof, listed in a schedule ceases to be occupied by the association or for the purposes set out in the schedule then the partial or total exemption from taxation shall cease and the owner of the real property shall immediately be liable for the real property tax on such real property or part thereof for the portion of the year unexpired. S. This amended By -Law shall have the effect commencing in the Municipal taxation year 2014/15. Notice of Intention to Amend - Committee of the Whole - Vt Reading - Council - 2nd Reading - Council - Effective Date - Tax Exemption By -Law #74 (continued) SCHEDULE"A" Page 3 of 13 Properties of a named registered Canadian Charitable organization that is used directly and solely for a charitable purpose to be taxed under Section 71 (1) (a) of the Municipal Government Act in the manner set out in the last two columns of this Schedule. Notice of Intention to Amend - Committee of the Whole - 15t Reading - Council - 2nd Reading - Council - Effective Date - CHARITABLE EXTENT OF EXTENT OF OWNER PROPERTY NUMBER APPLICATION TAX EXEMPTION Chester Brass Chester Brass Band 118851427RR0001 The Whole 100% of commercial property Band Building tax. Area rates for other municipal services will be 6381677 charged. Chester Municipal Old CNR Station 118851468RR0001 The Whole 100% of commercial property Heritage Society Chester, NS tax. Area rates for other Account #643793 municipal services will be charged. Land, Parcel L 118851468RR0001 The Whole 100% of commercial property Prince, Regent, Central tax. Area rates for other Streets, Chester, NS municipal services will be Account#8179042 charged. Land, Museum 118851468RR0001 The Whole 100% of commercial property 133 Central Street tax. Area rates for other Chester, NS municipal services will be Account#2950421 charged. Land, Building 118851468RR00OI The Whole 100% of commercial property 82 Union Street tax. Area rates for other Chester, NS municipal services will be Account#00948845 charged. Chester Theatre Land, Building 127727444RROD01 The Whole 100% of commercial property Society Chester, NS tax. Area rates for other Account #4752988 municipal services will be charged. Church Memorial Land & Complex 118859305RR0001 The Whole 100% of commercial property Park Eleanor Pew Morris tax. Area rates for other Memorial Rink, municipal services will be Chester, NS charged. Account #1389424 Church Memorial Park 118859305RR0001 The Whole 100% of commercial property Sports Field tax. Area rates for other Account #758205 municipal services will be charged. Notice of Intention to Amend - Committee of the Whole - 15t Reading - Council - 2nd Reading - Council - Effective Date - Tax Exemption By -Law #74 (continued) Page 4 of 13 SCHEDULE A CONTINUED) OWNER PROPERTY CHARITABLE EXTENT OF EXTENT OF NUMBER APPLICATION TAX EXEMPTION Church Memorial Land 1188593O5RR0001 The Whole 100% of commercial Park Chester, Corner of property tax. Area rates for Union and Central other municipal services will Streets be charged. Account #8189250 East Chester Land & Buildings 118890441RR00OI The Whole 100% of commercial Recreation East Chester, NS property tax. Area rates for Association Account #1360698 other municipal services will be charged. Forties Community Land & Hall 13716426SRR0001 The Whole 100% of commercial Centre Forties, NS property tax. Area rates for Account #1547763 other municipal services will be charged. Land 137164265RR000I The Whole 100% of commercial Forties, NS property tax. Area rates for Account #1273795 other municipal services will be charged. Shoreham Village Blood Clinic 107978702RR0001 The Whole 100% of commercial Senior Citizens property tax. Area rates for Apartments Account #4254694 other municipal services will Association be charged South Shore Land & School 107997231RR0001 The Whole 100% of commercial Community Bonny Lea Farm property tax. Area rates for Services Windsor Road, NS other municipal services will Association be charged. Land & Residence Buildings Bonny Lea Farm Windsor Road, NS Account#4373316 United Church of Land & Buildings 119293405RR0001 The Whole 100% of commercial Canada Youth Camp property tax. Area rates for Forties, NS other municipal services will Account#4718178 be charged. Schedule A Continued Next Page Notice of Intention to Amend - Committee of 150 Reading - Council - 2nd Reading - Council - Effective Date - Tax Exemption By -Law #74 (continued) Page 5 of 13 SCHEDULE A (CONTINUED) OWNER PROPERTY CHARITABLE EXTENT OF EXTENT OF NUMBER APPLICATIO TAX EXEMPTION N Western Shore & Land & Building 899474456RR0001 The Whole 100% of commercial property Area Improvement Western Shore, NS tax. Area rates for other Association Account #1240757 municipal services will be (operating under charged. the name of DMD Amusements) Wild Rose Park 899474456RR000I The Whole 100% of commercial property Western Shore tax. Area rates for other 8215596 municipal services will be charged. Old Trunk No. 3 Rd. 899474456RR0001 The Whole 100% of commercial property Land, Gold River tax. Area rates for other Account #9484817 municipal services will be charged. Chester Art Centre 60 Queen Street, 832872962RR0001 The Whole 100% of commercial property Chester tax. Area rates for other Account #03477312 municipal services will be charged. 62 Queen Street, 832872962RR0001 The Whole 100% of commercial property Chester tax. Area rates for other Account #03477304 municipal services will be charged. Notice of Intention to Amend - Committee of the Whole - JA Reading - Council - 2°d Reading - Council - Effective Date - Tax Exemption By -Law #74 (continued) SCHEDULE"B" Page 6 of 13 Properties of incorporated non-profit organization which are either community -oriented, charitable, fraternal, educational, recreational, religious, cultural, or sporting organizations and which in the opinion of Council provide an active service, through programs or maintenance of the property, to the Municipality that might otherwise be a responsibility of Council which are to be taxed under Section 71 (1) (b) of the Municipal Government Act to the extent set out in the last two columns of this Schedule. Notice of Intention to Amend - Committee of the Whole - 1st Reading - Council - 2nd Reading - Council - Effective Date - EXTENT OF EXTENT OF OWNER PROPERTY APPLICATION EXEMPTION Aspotogan Heritage Land Lot 99-1-B Barn The Whole 100% of commercial property tax. Trust Society Highway 329, Hubbards Area rates for other municipal Account #9184023 services will be charged. Land Lot 99-1-A The Whole 100% of commercial property tax. Highway 329, Hubbards Area rates for other municipal Account #9317465 services will be charged. Basin Recreation Park Land, Lower Grant Road The Whole 1006/c of commercial property tax. Comm. Account #5576768 Area rates for other municipal services will be charged. Canaan Community Land & Building The Whole 100% of commercial property tax. Club (Canaan District Canaan, NS Area rates for other municipal Hall Association) Account #637173 services will be charged. East River Village Hall Land & Building The Whole 100% of commercial property tax. East Chester, NS Area rates for other municipal Account #1361007 services will be charged. Hubbards Area Lions Land & Building The Whole 100% of commercial property tax. Club Fox Point, NS Area rates for other municipal Account #2090538 services will be charged. Schedule B continued nextpage Notice of Intention to Amend - Committee of the Whole - 1st Reading - Council - 2nd Reading - Council - Effective Date - Tax Exemption By -Law #74 (continued) Page 7 of 13 SCHEDULE "B"(CONTINUED) EXTENT OF EXTENT OF OWNER PROPERTY APPLICATION EXEMPTION Municipality of 103 No 329 Hwy The Whole 100% of commercial property tax. Chester/ Aspotogan Lot Hubbards Area rates for other municipal Heritage Trust services will be charged. Account#1076205 Old No 3 Hwy The Whole 100% of commercial property tax. Lot G Hubbards Area rates for other municipal services will be charged. Account#9181687 Old No 3 Hwy The Whole 100% of commercial property tax. Lot F Hubbards Area rates for other municipal services will be charged. Account #9181695 Old No 3 Hwy The Whole 100% of commercial property tax. Lot E Hubbards Area rates for other municipal services will be charged. Account#9181709 Old No 3 Hwy The Whole 100% of commercial property tax. Lot C Hubbards Area rates for other municipal services will be charged. Account#9181717 Aspotogan Heritage Trust Land Lot 05.1 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Ocean Swells Land, Hall The Whole 100% of commercial property tax. Community 2726 Highway 329 Area rates for other municipal Association Northwest Cove services will be charged. Account#889377 New Ross District 4670 No. 12 Hwy The Whole 100°/% of commercial property tax. Museum Society Lot B -A -D New Ross Area rates for other municipal services will be charged, Account#05266033 Notice of Intention to Amend - Committee of the Whole - Vt Reading - Council - 2°d Reading - Council - Effective Date - Tax Exemption By -Law #74 (continued) Page 8 of 13 SCHEDULE"B" CONTINUED EXTENT OF EXTENT OF OWNER PROPERTY APPLICATION EXEMPTION District 1 Fire Land, Fire Hall Road The Whole 100% of commercial property tax. Commissioners Account #02614367 Area rates for other municipal services will be charged. Helping Hands to Land & Building The Whole 100% of commercial property tax. Enrich Learning & 419 Highway 329, Fox Point Area rates for other municipal Lifestyles Account #3392104 services will be charged. Programming Society Land and Building The Whole 100% of commercial property tax. Hubbards Yacht Club 215 Highway 329 Area rates for other municipal 10236975 services will be charged. Notice of Intention to Amend - Committee of the Whole - 15C Reading - Council - 2nd Reading - Council - Effective Date - Tax Exemption By -Law #74 (continued) SCHEDULE "C" Page 9 of 13 The Council may, by By -Law, to the extent and under the conditions set out in the by-law, provide that the tax payable with respect to all or part of the taxable commercial property of any non-profit community, charitable, fraternal, educational, recreational, religious, cultural or sporting organization named in the by-law be reduced to the tax that would otherwise be payable if the property were a residential property, inclusive of area rates as set out in 71(2) of the Municipal Government Act as is determined by Council from year to year to the extent set out in column three. OWNER PROPERTY EXTENT OF EXTENT OF APPLICATION EXEMPTION Captain Kidd Rod & Gun Club Land & Building The Whole The Residential Rate is applied East Chester, NS rather than the Commercial Rate. Account #663255 Area rates for other municipal services will be charged. Chester Yacht Club Land & Building The Whole The Residential Rate is applied South Street, Chester, NS rather than the Commercial Rate. Account #730033 Area rates for other municipal services will be charged. Clarke Lodge No. 61 A.F. & A.M. Land & Building The Whole The Residential Rate is applied Queen Street, Chester, NS rather than the Commercial Rate. Account #805645 Area rates for other municipal services will be charged. Norwood Lodge No. 135 A.F. & Land & Building The Whole The Residential Rate is applied A.M. New Ross, NS rather than the Commercial Rate. Account #3542777 Area rates for other municipal services will be charged. The Thunderbird Recreation Land The Whole The Residential Rate is applied Association East River, NS rather than the Commercial Rate. Account #5053692 Area rates for other municipal services will be charged. Land & Hall The Whole The Residential Rate is applied East River rather than the Commercial Rate. Account #359289 Area rates for other municipal services will be charged. Chester Golf Club Land & Buildings The Whole The Residential Rate is applied 120, 206, 212 Golf rather than the Commercial Rate. Course Road Area rates for other municipal Chester services will be charged. Account#00729779 Notice of Intention to Amend - Committee of the Whole - 15t Reading - Council - 2A Reading - Council - Effective Date - Tax Exemption By -Law #74 (continued) SCHEDULE"D" Page 10 of 13 Buildings, pump stations, deep well pumps, main transmission lines, distribution lines, meters and associated plant and equipment of a municipal water utility under Section 71(1) (e) of the Municipal GovernmentAct to the extent set out in the last two columns of this Schedule. Notice of Intention to Amend - Committee of the Whole - 15" Reading - Council - 2°d Reading - Council - Effective Date - EXTENT OF OWNER PROPERTY APPLICATION EXTENT OF APPLICATION Municipality of the Mill Cove Water Utility The Whole 100% of commercial property tax. Area District of Chester Account Number 9490450 rates for other municipal services will be charged. Notice of Intention to Amend - Committee of the Whole - 15" Reading - Council - 2°d Reading - Council - Effective Date - Tax Exemption By -Law 974 (continued) SCHEDULE"E" Page 11 of 13 The Council may, by By -Law, exempt any day care licensed under the Day Care Act from taxes payable in respect of commercial and business occupancy assessment. Properties to be taxed under Section 71A and 71B of the Municipal Government Act in the manner set out in the last two columns of this Schedule. Notice of Intention to Amend - Committee of the Whole - 15t Reading - Council - 2"a Reading - Council - Effective Date - EXTENT OF OWNER PROPERTY APPLICATION EXTENT OF EXEMPTION Brenda Cook -Forest 1540564 Commercial The Residential Rate is applied rather Ocean View Children's Land, Dwellings, Day Care than the Commercial Rate. Area rates for Centre Buildings other municipal services will be charged. Notice of Intention to Amend - Committee of the Whole - 15t Reading - Council - 2"a Reading - Council - Effective Date - Tax Exemption By -Law #74 (continued) Page 12 of 13 Annotation for Official By -Law Book Council - October 16, 2014 Date of First Reading (2014-477) Progress Bulletin Date of advertisement of Notice of Intent to Consider October 22, 2014 Council - November 13, 2014 Date of Second Reading (2014-528) Progress Bulletin Date of advertisement of passage of By -Law * November 19, 2014 Date of mailing to Minister a certified copy of By -Law November 19, 2014 Addition of second account owned by Nature of Amendment Chester Art Centre (62 Queen Street) to Schedule A (following assessment change from residential to commercial) Effective Date November 19, 2014 I certify that this Tax Exemption for Municipal Water Utility, Charitable and Non -Profit Organizations By -Law #74 was amended by Council and published as indicated above Pamela M. Myra, Municipal Clerk Date Notice of Intention to Amend - Committee of the Whole - 15t Reading - Council - 2n4 Reading - Council - Effective Date - Tax Exemption By -Law #74 (continued) Notice of Intention to Amend - Committee of the Whole - Vt Reading - Council - 2-d Reading - Council — Effective Date — Page 13 of 13 I, Pamela M. Myra, Municipal Cleric 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 pr'rMYott�`Favembel Given under the hand of the Municipal Clerk and under the corporate seal of the said l�[tdk��palLty t�ls�9� day of �o�elrzbet, �aQ� Pamela M. Myra Municipal Clerk Registry of Joint Stock Companies Page 1 of 3 gov.ns.ca Government of Nova Scotia Government of Nova Scotia I gov.ns.ca Nova Scotia, Canada Francais Government Home > Service NS }lore > Access NS > Services for Businesses > Registry of Joint Stock companies Text Size: A+q- > Search our Database > Name Inouiry Results Ie > Proflle Profile 8F Printer Version New Search L:i3ack to Inquiry Results P Profile Info v People Info r Activites Info ® Related Rea's Info PROFILE - NEW ROSS FARMERS ASSOCIATION - as of: 2015-03-13 11:02 AM Business/Organization Name: NEW ROSS FARMERS ASSOCIATION Registry ID: 3009670 Type: Society Nature of Business: Status: Active Jurisdiction: Nova Scotia Registered Office: 5032 HIGHWAY 12 NEW ROSS NS Canada BOJ 2MO Mailing Address: 5032 HIGHWAY 12 NEW ROSS NS Canada BOJ 2MO PEOPLE Name Position Civic Address Mailing Address MAX HILTZ Director 1420 FORTIES RD NEW ROSS NS BOJ 2MO PAT HILTZ Director 274 NEW RUSSELL. ROAD NEW ROSS NS BOJ 2M0 1503 FORTIES RD DEBBIE REEVES Director NEW ROSS NS BOJ 2MC 1189 FORTIES ROAD GLENDON REEVES Director NEW ROSS NS BOJ 2MO STERLING GATES PRESIDENT 200 REDDY RD. NEWPORT NS B0J 2MC 1687 FORTIES RD JAY HILTZ VICE-PRESIDENT NEW ROSS NS BOJ 2MO DEBBIE REEVES TREASURER 1503 FORTIES RD NEW ROSS NS BOJ 2MO https://rjsc.gov.ns.ca/rjsc/search/viewProfile.do 3/13/2015 Registry of Joint Stock Companies Page 2 of 3 COLETTE GATES Recognized Agent 200 KEDDY RD. RR#1 NEW ROSS NS 1303 2M0 NEW ROSS NS BOJ 2M0 ACTIVITIES Activity Date Annual Renewal 2014-07-10 Annual Statement Flied 2014-07-08 Annual Renewal 2013-07-05 Annual Statement Filed 2013-07-03 Annual Statement Filed 2012-09-20 Annual Renewal 2012-06-22 Annual Renewal 2011-06-10 Annual Statement Filed 2011-06-10 Annual Renewal 2010-07-13 Annual Statement Filed 2010-07-13 Annual Renewal 2009-07-13 Annual Statement Filed 2009-07-13 Annual Renewal 2008-06-12 Annual Statement Filed 2008-06-10 Annual Renewal 2007-05-25 Annual Statement Filed 2007-05-25 Annual Statement Filed 2007-05-25 Annual Statement Filed 2007-05-25 Annual Renewal 2006-07-10 Annual Statement Filed 2006-07-10 Annual Statement Filed 2006-07-10 Annual Renewal 2005-07-12 Annual Statement Filed 2005-07-12 Reactivated 2004-08-04 Change of Directors 2004-08-04 Default for Non -Payment 2004-08-01 Annual Renewal 2003-06-10 Change of Directors 2003-06-10 Change of Directors 2002-08-02 Filed Financial Statement 2002-08-02 Reactivated 2002-08-02 https://rjse.gov.ns.ca/rjsc/search/viewProfile.do 3/13/2015 Registry of Joint Stock Companies Page 3 of 3 Default for Non -Payment 2002-08-01 Change of Directors 2001-10-02 Reactivated 2001-10-02 Default for Nan -Payment 2001-08-02 Change of Directors 2000-08-08 Reactivated 2000-07-25 Default for Non -Payment 1998-08-02 Change of Directors 1997-06-23 Incorporated 1997-06-23 Snow All Collapse RELATED REGISTRATIONS There are no related registrations on file for this company. New SearchI Back tolnquiryResults Crown copyright ©2015, Province of Nova Scotia, all rights reserved. Come to life - Discover Nova Scotia https://rjsc.gov.ns.ca/rjsc/search/viewProfile.do 3/13/2015 �P 3/zG/15 MOTIONS REQUIRING APPROVAL OF COUNCIL FROM [� C -(THE RECREATION & PARKS COMMITTEE 1 ON MONDAY, MARCH 16, 2015 2015-096 APPROVAL OF MINUTES 2015-097 MOVED by Christine Rafuse, SECONDED by Suzanne Brown, that the Recreation Committee recommend to Council that we give Colton Kaizer of Chester Basin $1250 and that we give Adam Harvey of Hubbards $1250, to attend the competition against MLS teams in Maine and Massachusetts from April 23 to May 2, 2015. MOTION CARRIED. 2015-098 ADJOUNMENT Regional Emergency management Organization c/o Municipality of the District of Lunenburg 210 Aberdeen Road Bridgewater, NIS B4V 4G8 March 19, 2015 Tammy Wilson, Chief Administrative Officer Municipality of Chester PO Box 369 Chester, NIS BOJ IJO Dear Ms. Wilson www,EmergencVMeasures.ca At the REMO Advisory meeting held March 16, 2015, the Committee made a motion to recommend the 2015/2016 Operating Budget to the partner Municipal units for approval. Please bring the budget to your COLHICH for approval and advise on the direction given. Sincerely Deputy Chief Administrative Officer AD/re Attachment E1 ease YTD tirrent Year ja 'f_ I Next Yew I Next Year E AdMom Basehne Additions 4,573,997,895 I I I muneration & Benefits $ 47,518 54,068 $ 10,1501$ 44,518 1 $ - $1 ,;71 'ojects Contin enc $ - $ - $ - $ 90,950 $ - $ Iffi )0-141 -GONFERENCEITRAINING )0-201 - OFFICE EXPENSES (REMO) $ $ 236 962 $ $ 2,000 1,000 $ $ - $ 2,000 - $ 1,000 $ $ - - $ $ 2,000 1,000 )0 -210 -ADMINISTRATION -INSURANCE $ - $ 860 $ - $ 850 $ - $ 850 )0-225 - RADIO EQUIPMENT )10-226 -OTHER EQUIPMENT $ $ 2,353 1,280 $ 2,500 2t000 $ $ - 1�� 4" � $ - t", 1 1 $ 1,000 3 ,500 )0-230 - TELEPHONE -LOCAL SERVICE $ 820 $ 1,336 $ $ 1,336 , $ $ 1,336 )0231 - CELLULAR PHONE (RENO. 1,425 $ 1;687 $ $ 1,6871$ 1,687 1 10-235 - ADVERTISING -GENERAL )0-236 - ADMINISTRATION -ACCOUNTING $ $ 104 - $ $ 1,200 985 S $ $ 1,2001$ 985 S $ 985, )0-239 - TELEPHONE -INTERNET -SERVICE $ 315 $ 4591$ $ )0 -248 -ADMINISTRATION -DENTAL )0-249- MOCK E5(E-RCISES $ $ - - $ $ i,338 500 $ $ $ 1,338 $ 500 $ 1$ $ 1,3318 500 ;0-254 - LICENSE FEES $ - $ 787 $ S 787 $ $ 787 *-272 - WEBSITE $ - $ 1,500 $ I;500 $ $ 1,5001 )0-299 - CONTINGENCY )0-999 - HARMONIZED SALES TAX $ $ - - $ $ 1,000 - $ $ l$0,11 $ 1,547 1501 )1-2,30- - ADMINISTRATION -CLERICAL )4-230 - TELEPHONE -ANSWERING SERVICE $ $ - - $ $ 3519 , 875 $ $ , 1 $ 35191$ 875 1$ i 1 $ $ 3,5191 875 1 )6-230 -TELEPHONE - EMO INFO LINE $ - $ 547 $ )6-295 - GROUND SEARCH & RESCUE GRANT $ 10,000 $ 10,000 $ 10,000 $ $ 10"000 MO - ADMM $ 65,014 $ 88,151 $ 10,150 83,704 $ 5,197 $ $8,901 S 4.447 I UA Share 14/45 UA Sfiare 14% $ 12,023 620,818,402 140A $ 12,%639 _F 3% $ 2,316 120,433,837 3% $ 2,340.778 _l,-'/- $ 27,424 1,424,322,673 31% S 27,683.54 1 530A $ 46,388 2,408,422,9831 4,573,997,895 04/ MOTIONS REQUIRING APPROVAL OF COUNCIL FROM COMMITTEE OF THE WHOLE - MARCH 19, 2015 2015-101 APPROVAL OF PREVIOUS MINUTES MOVED by Deputy Warden Shatford, SECONDED by Councillor Church -Cornelius the minutes of the March 5, 2015 Committee of the Whole meeting be approved as circulated. CARRIED. 2015-102 P-66 POLICY REVIEW MOVED by Councillor Myra, SECONDED by Councillor Armstrong that the Committee of the Whole recommend to Council the Terms of Reference for the Review of Policy P-66 Terms of Reference for the Fire Advisory Committee (March 2015) with the amendment (only one minority report can be submitted and must be supported by at least two people) included. CARRIED. 2015-103 REZONING OF KAIZER MEADOW REPORT REQUEST MOVED by Councillor Church -Cornelius, SECONDED by Councillor Armstrong that the Committee of the Whole recommend to Council to 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 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. CARRIED. 2015-104 IN CAMERA MOVED by Councillor Armstrong, SECONDED by Councillor Myra that the meeting convene "In Camera" regarding personnel and legal advice. CARRIED. 2015-105 REGIONAL PHYSICAL ACTIVITY COORDINATOR MOU (ONE YEAR) MOVED by Deputy Warden Shatford, SECONDED by Councillor Myra that the Committee of the Whole recommend to Council to agree to work with the Department of Health and Wellness and extend the current Regional Physical Activity Coordinator Memorandum of Agreement for one year as requested and authorize the Warden and Cleric to execute the necessary documents. CARRIED. 2015-106 EXTENSION OF ORDER RE TEN BEACHES MOVED by Deputy Warden Shatford, SECONDED by Councillor Myra that the Committee of the Whole recommend to Council to extend the Order of Ten Beaches to April 30, 2015 with regard to the drainage matter. CARRIED. 2015-107 ADJOURNMENT MOVED by Councillor Church -Cornelius, SECONDED by Councillor Armstrong the meeting adjourn. CARRIED. (11:50 a.m.) MUNICIPALITY OF THE1 DISTRICT OF CHESTER REQUEST FOR DIRECTION REPORT TO: Tammy Wilson, CAO SUBMITTED BY: Bill DeGrace, Senior Planner DATE: 19 March 2015 SUBJECT: Proposed amendments to provincial heritage legislation ORIGIN: March 11, 2015: Request from Nova Scotia Department of Communities. Culture and Heritage for comments on proposed amendments to the Heritage Property Act and to the Heritage Conservation District Regulations CURRENT SITUATION: By e-mail to municipal CAOs dated March 11, 2015, Kevin Barrett, Heritage Property Program Manager, requested feedback from municipalities in the province on a suite of proposed amendments to the Heritage Property Act and to Heritage Conservation District Regulations. Municipalities are requested to respond by June 19, 2015. RECOMMENDATION: Direct staff to prepare a report on the proposed amendments, to be referred to the Municipal and Village Area Advisory Committees, which are the designated Heritage Advisory Committees, for review and comments for consideration by Council in a formal response from the Municipality of the District of Chester BACKGROUND: This request follows advice from the Minister for Communities, Culture and Heritage, Hon. Tony Ince, to the Union of Nova Scotia Municipalities and the Association of Municipal Administrators, that municipalities would be consulted on the proposed amendments, The amendments themselves were developed based on input from stakeholders since the Actwas last amended in December 2010. DISCUSSION: There are seven proposed amendments to the Heritage Property Act and three proposed amendments to the Heritage Conservation District Regulations. These amendments concern the following: 1. Definition of a "substantial alteration; 2. Providing information to the Minister on the Municipal Registry of Heritage Property; 3. The composition of the Heritage Advisory Committee; 4. The scope of a municipal heritage property registration (able to develop a portion of property that does not have heritage value); 5, De -registration of municipal heritage property; 6. Advice from the heritage advisory committee on deregistration; 7. The timeline for considering municipal heritage conservation districts; 8. Requirement for a public notice to adopt a conservation plan and by-law; 9. The timeline for approval of a conservation plan and by-law; and 10. Provision to allow for the establishment of Cultural Landscapes. IMPLICATIONS: 1 Policy: Subject to further study, the proposed amendments may facilitate the management of the heritage portfolio by the Community Development Department by clarifying terminology, criteria for registration/de-registration, and procedure. 2 Financial/Budgetary: N/A 3 Environmental: N/A 4 Strategic Plan: Goal 4: "The Municipality will strengthen and support environmental, cultural and social resources." 5 Work Program Implications: Staff review required. ATTACHMENTS: Proposed amendments as provided by Communities, Culture and Heritage. Prepared BY Bill DeGrace, Senior Planner Date 19 March 2015 Reviewed BY Tara Maguire, Director, Comm. Dev't. Date Authorized BY Tammy Wilson, CAO Date 19 March 2015 'cpclarke@cbrm.ns.ca'; Allen Webber; 'mahyor@colchester.ca'; 'ronnieleblanc@live.com ; 'warden@cumberlandcounty.ns.ca'; 'Igregory@municipality.digby.ns.ca'; 'vpitts@modg.ca'; 'mayor@halifax.ca'; 'jdsmith@easthants.ca'; 'admin@westhants.ca'; 'duartmaca @ns.sympatico.ca'; 'warden.brothers@county.kings.ns.ca'; ddowne@modl.ca'; 'rbaillie @county.pictou,ns.ca; 'cclarke@regionofqueens.com'; 'victor.david@richmondcounty.ca'; 'rtaylor@municipalityofshelburne.ca'; 'dp.clark@ns.sympatico.ca';'bruce.morrison@publichealth.ns.ca'; ' m u rray@d istrict.ya rmouth. ns.ca' Subject: Heritage Property Act and Regulations for Heritage Conservation Districts Dear CAO/Clerk: On behalf of Minister Ince, Communities, Culture and Heritage, I am requesting input from your municipality on proposed amendments to the Heritage Property Act and Regulations for Heritage Conservation Districts. By email of March 9, 2015, Minister Ince advised both Warden Hunter, President, Union of Nova Scotia Municipalities and Mr. Greg Herrett, President, Association of Municipal Administrators that our department would consult with municipalities on this proposal. The amendments have been developed based on input from stakeholders since the Act was amended in December 2010. An overview of the proposed amendments directly affecting municipalities is attached. To ensure your municipality and its heritage staff have the opportunity to review these proposed amendments, please provide a written response to my office by June 19, 2015. The mailing address is: Heritage Property Program Culture and Heritage Development Department of Communities, Culture and Heritage 1741 Brunswick Street P. O. Box 456, Halifax, NS B3J 2R5. Should you or your staff have any questions, I can be reached directly at 902-424-6396 or kevin, barrett2 novascotia.ca. Cheers, Kevin vin Barrett, BBA, BEDS, MURP Coordinator, Heritage Property Program and Strategic Development Initiative Culture and Heritage Development Department of Communities, Culture and Heritage 1741 Brunswick Street P. O. Box 456, Halifax, NS B3J 2R5 ph: (902) 424-6396 fax: (902) 424-0710 email: Kevin.Barrett(o)novascotia.ca Heritage Property Program: http://cch.novascotia.ca/exploring-ou r-past/heritage-property Strategic Development Initiative ham://cch.novascotia.ca/investing-in-our-future/strategic-d evelop ment-initiative Consultation — Proposed additions/amendments to HPA and HCDR Winter 2014 Districts #1: Proposed Amendment— Municipal and Provincial Definition of substantial alteration The present HPA defines the term 'substantial alteration' to better advise stakeholders with the conservation of registered heritage properties, specifically; Interpretation 3(k[I]) "substantial alteration" means any action that affects or alters the character -defining elements of a property. Currently, the definition does not prescribe if such an alteration is in compliance of standards and guidelines. With the adoption of the Standards and Guidelines for the Conservation of Historic Places in Canada as the standards and guidelines to be used by government, there is opportunity to better determine what would require consideration by an authority. The proposed amendment to the definition would prescribe that substantial alterations are interventions that do not comply with the standards and guidelines of the HPA. This would provide a more consistent method to ensure the authority only respond to alterations that would negatively impact the character - defining elements of a registered heritage property. Amend Section 3(k[1]) of the HPA with: 3(k[1]) 'substantial alteration" means any action not supported by the standards and guidelines that affects or alters the character -defining elements of a property. 1IPage Consultation —Proposed additions/amendments to HPA and HCDR Winter2014 #2: Proposed Amendment - Municipal Municipal Registry of Heritage Property The Heritage Property Act (HPA) permits a municipality to create a heritage by-law and establish a municipal registry of heritage property, specifically: Municipal registry of heritage property and heritage advisory committee 12 (1) A municipality may by by-law establish a municipal registry of heritage property. The proposed amendment to the HPA would require the municipality to provide a copy of the municipal registry of heritage property to the Minister on an annual basis. The sharing of this information would provide Minister a better awareness of the number of municipal heritage properties registered under the HPA in Nova Scotia. Amend Section 12(1) of the HPA with: 12(1) A municipality may by by-law establish a municipal registry of heritage property and if established, provide the Minister a listing of these properties every September 1" 2 1 P a g e Consultation — Proposed additions/amendments to NPA and HCDR Winter 2014 #3: Proposed Amendment - Municipal Composition of the Heritage Advisory Committee This provision is already allowed for within the HPA. The current provision identifies that the heritage advisory committee (HAC) consist of at least two members of council and such persons or such number of persons as the council may determine. The current provision also provides for the municipal planning advisory committee to serve as the HAC, specifically; Municipal registry of heritage property and heritage advisory committee 12(3) The heritage advisory committee shall consist of at least two members of the council and such persons or such number of persons as the council may determine by by-law. The proposed amendment would expand the provisions of the composition of the HAC to include at least two general members of the municipality. As an advisory body, such a committee should not be comprised of only municipal councillors, which can result under the current provisions. The amendment would enhance the committee's primary function; an advisory body to council. Amend Section 12(3) of the HPA with: 12(3) The heritage advisory committee shall consist of at least two members of both the council and the general public, and such persons or such numbers of persons as the council may determine by by-law. 31 Page Consultation — Proposed additions/amendments to HPA and HCOR Winter 2014 #4: Proposed Addition - Municipal Scope of municipal heritage property registration The present HPA, where heritage value is determined, typically registers the entire parcel of land as a municipal heritage property. In most cases, not all of the land has heritage value but the blanket approach to designation implies it does. Currently, the HPA may require a property owner to seek approval from council if they would like to develop a portion of their property that does not have any identified heritage value. The blanket approach to registration may result in unnecessary reviews and time delays for a property owner's enjoyment of their property, and provide a false sense of a property's true heritage value by the public. The proposed amendment would permit the council the authority to amend the scope of a municipal heritage property provided the heritage value identified at the time of registration is maintained. Add a new Section 15A to the HPA as follows: Scope of municipal heritage property 15A(1) On the application of an owner of a municipal heritage property or on its own motion, the heritage advisory committee may recommend to the council thatthe scope of designation of municipal heritage property be amended. (2) Such a recommendation may be made where (a) the heritage value of the property is maintained;. (b) the property's owner has submitted supporting documentation, including mapping, describing the proposed amended scope of designation. (3) Where the council receives a recommendation to amend the scope of designation from the heritage advisory committee or where it appears to the council that the amended scope of designation is reasonable. (4) Where the council amends the scope of designation of a property, the council shall cause notice of the amended scope to be sent to the registered owner of the property and a copy thereof to be deposited in the registry of deeds for the registration district in which the property is situate. 41 Page Consultation — Proposed additions/amendments to HPA and HCDR Winter 2014 #5: Proposed Amendment - Municipal Deregistration of municipal heritage property The present HPA provides a process to consider requests to deregister a municipal heritage property, including specific criteria that must be met before the request is considered by council, specifically; Deregistration of municipal heritage property 16 (1) On the application of an owner of a municipal heritage property or on its own motion, the council may deregister a municipal heritage property where a) the property has been destroyed or damaged by any cause; or b) the continued registration of the property appears to the council to be inappropriate as a result of the loss of the property's heritage value, as identified in the property's heritage file or notice of recommendation, unless the loss of the heritage value was caused by neglect, abandonment or other action or inaction of the owner, After holding a public hearing to consider the proposed deregistration. Currently, should a property owner be faced with a unique hardship issue, such as higher insurance rates based on the property's legal encumbrance of the municipal designation, the authority is not able to provide consideration. The proposed amendment would permit council the authority to consider deregistration of a municipal heritage property provided the property owner's rational is reasonable. Amend Section 16(1) of the HPA with: Deregistration of municipal heritage property 16 (1) On the application of an owner of a municipal heritage property or on its own motion, council may deregister a municipal heritage property where (a) the property has been destroyed or damaged by any cause; or (b) the continued registration of the property appears to the council to be inappropriate as a result of the loss of the property's heritage value, as identified in the property's heritage file or notice of recommendation, unless the loss of the heritage value was caused by neglect, abandonment or other action or inaction of the owner; or (c) a reasonable rationale by the property's owner to justify deregistration, After holding a public hearing to consider the proposed deregistration. 51 Page Consultation — Proposed additions/amendments to HPA and HCDR Winter 2014 #6: Proposed Amendment- Municipal Advice on deregistration application The present requirements of the HPA permits council to consider a variety of applications affecting proposed or registered municipal heritage property. The majority of applications are forwarded to the HAC for advice prior to council's consideration, specifically; Powers of heritage advisory committee 13 The heritage advisory committee may advise the municipality respecting (a) the inclusion of buildings, public -building interiors, streetscapes, cultural landscapes and areas in the municipal registry of heritage property; (b) an application for permission to substantially alter or demolish a municipal heritage property; (ba) the preparation, amendment, revision or repeal of a conservation plan and conservation by-law; (bb) the administration of heritage conservation districts pursuant to the provisions of this Act; (bc) an application for a certificate that is required by this Act or the conservation plan and conservation by-law to go to a public hearing; (c) building or other regulations that affect the attainment of the intent and purpose of this Act; (d) any other matters conducive to the effective carrying out of the intent and purpose of this Act. Currently, all applications to deregister a provincial heritage property are forwarded to the Advisory Council on Heritage Property to better advise the Minister before consideration is provided. The proposed amendment to the powers of the HAC would permit its review of applications to deregister a municipal heritage property. While most municipalities currently forward such applications to its HAC, the HPA does not require this advice. Amend Section 13 of the HPA with: 13 The heritage Advisory committee may advise the municipality respecting (aa) an application to deregister a municipal heritage property Amend Section 16(1) and 16(1)(b) of the HPA with: 16(1) On the application of an owner of a municipal heritage property or on its own motion, the heritage advisory committee may recommend to the council that the municipal heritage property cease to be registered in the Municipal Registry of Heritage Property; and 16(1)(b) the continued registration of the property appears to the heritage advisory committee to be inappropriate as a result of the loss of the property's heritagevalue, as identified in the property's heritage file or notice of recommendation, unless the loss of the heritage value was caused by neglect, abandonment or other action or inaction of the owner. 61 Page Consultation —Proposed additions/amendments to HPA and HCDR Winter 2014 #7: Proposed Addition - Municipal Timeline to consider municipal heritage conservation districts The present requirements of the Heritage Conservation Districts Regulations (HCDR) permits council to consider the approval of a municipal heritage conservation district. The steps to develop and consider the proposed plan and by-law for the proposed district are clear, however, there is a defined timeline to complete this process. The proposed addition to the HCDR would provide council a reasonable timeline of three -years to complete the consideration of a HCD; the process would begin with council's adoption of the necessary public participation program. Without a set timeline, there is uncertainty for council, property owners and the general public regarding the future conservation and development for the area. Add a new section as HCDR Section 5(5) as follows: Processing time for consideration 5(5) Council shall have not more than three years to complete the process to consider the approval of a municipal heritage conservation district. This timeline shall begin upon the adoption of a public participation program outlined in Section 6(1) of the HCDR. 71 Page Consultation — Proposed additions/amendments to HPA and HCDR Winter 2014 #8: Proposed Amendment - Municipal Public notice to adopt a conservation plan and by-law The present requirements of the HCDR require council to provide individual notice to each property owner of its intention to adopt a conservation plan and by-law associated with a HCD by mail, specifically; Public hearing for adoption, amendment or repeal 8 (1) Before adopting a conservation plan and by-law, a council shall hold a public hearing at which oral and written submissions regarding the proposed conservation plan and by- law are received. (2) The council shall cause notice to be given of the public hearing and of its intention to adopt a conservation plan and by-law by an advertisement inserted at least once a week for two successive weeks in a newspaper circulating in the area of the district, the first of such notices to be published at least twenty-one clear days before the date fixed for the public hearing. (3) The council shall cause notice of its intention to adopt a conservation plan and by-law to be delivered by personal service upon or by ordinary mail to each assessed owner, or any subsequent owners shown on the records in the regional assessment office, of property within the proposed district at least twenty-one clear days before the date fixed for the public hearing. (4) The notices required by subsections (2) and (3) shall (a) describe the proposed district by metes and bounds, by a plan, map or sketch or other description adequate to identify the district; (b) give a synopsis of the proposed conservation plan and by-law and the effect of the conservation by- law on development of the property; and (c) state the date, time and place fixed for the public hearing and the place where and hours during which the proposed conservation plan and by-law may be inspected by the public. (5) The council shall provide copies of the proposed conservation plan and by-law or a portion thereof to interested persons and may charge an amount for copies sufficient to recover the cost of reproduction of copies provided. While effective, it becomes a burden to municipalities that have numerous property owners within the proposed district, including seasonal owners. This provision is inconsistent with the reasonable notice requirements of the Municipal Government Act (MGA); notice is provided by an advertisement in the local paper. The proposed amendment to the HCDR would provide council a reasonable method to provide the public notice of its intention to adopt a conservation plan and by-law that is consistent with the MGA. Amend Section 8(3) of the HCDR with: 8(3) The council shall cause notice of its intention to adopt a conservation plan and by-law in a newspaper circulating in the municipality at least twenty-one clear days before the date fixed for the public hearing. Consultation — Proposed additions/amendments to HPA and HCDR Winter 2014 #9: Proposed Addition - Municipal Approval procedures The present HCDR provides a process for the approval of a conservation plan and by-law, including the roles of the council and Minister, however there is no defined timeline for Minister to review and approve the documents. The proposed addition to the HCDR would provide Minister a sixty day period to consider the approval of these documents. This timeline would be consistent with the MGA. Add a new Section 9(1)(a) to the HCDR as follows: 9(1)(a) Within sixty days after the date of a written notice that conservation plan and conservation by-law are subject to the approval of the Minister, the Minister shall (a) approve all or part of the documents; (b) approve the documents with amendments; or (c) refuse to approve the documents, And return to the clerk two copies of the conservation plan and conservation by-law as approved, amended, or refused with written reasons for the decision. 9 1 P a g e Consultation — Proposed additions/amendments to HPA and HCDR Winter 2014 #10: Proposed Amendment — Municipal Consideration of a Cultural Landscape The present HPA defines the term 'Cultural Landscape' and Section 13(a) provides opportunities for the municipal heritage advisory committee to advise the municipality respecting cultural landscapes, specifically; Interpretation 3(k[I]) "substantial alteration" means a distinct geographical area or property uniquely representing the combined work of nature and of people. Powers of heritage advisory committee 13 The heritage advisory committee may advise the municipality respecting (a) the inclusion of buildings, public -building interiors, streetscapes, cultural landscapes and areas in the municipal registry of heritage property; (b) an application for permission to substantially alter or demolish a municipal heritage property; (ba) the preparation, amendment, revision or repeal of a conservation plan and conservation by-law; (bb) the administration of heritage conservation districts pursuant to the provisions of this Act; (bc) an application for a certificate that is required by this Act or the conservation plan and conservation by-law to go to a public hearing; (c) building or other regulations that affect the attainment of the intent and purpose of this Act; (d) any other matters conducive to the effective carrying out of the intent and purpose of this Act. Currently, the HPA does not provide a provision which allows for the establishment of Cultural Landscapes. The 2013 Heritage Conference Shaping Cultural Landscapes hosted by the Region of Queens Municipality provided direct input from stakeholders on how cultural landscapes should be developed in Nova Scotia. During the Round Table Workshop, stakeholders supported that the process for a municipality to consider a cultural landscape be aligned with the current process for heritage conservation districts. The proposed amendment to Section 19A of the HPA would permit the municipality to determine the boundaries of a cultural landscape, specific cultural landscape plan and by-law, and for the municipality to designate a person employed by the municipality as a cultural landscape officer. Regulations similar to those supporting heritage conservation districts would be developed for cultural landscapes. Amend Section 19A of the HPA by adding a provision which allows for the establishment of Cultural Landscapes similar to Heritage Conservation Districts as seen in Section 19A. 101 Page