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HomeMy Public PortalAbout2015-11-26_Council_Public Agenda PackageMUNICIPALITY OF THE DISTRICT OF CHESTER CHESTER MUNICIPAL COUNCIL Thursday, November 26, 2015 at 8:45 a.m. AGENDA 1. MEETING CALLED TO ORDER. 2. MINUTES OF PREVIOUS MEETING: 2.1 Council - Thursday, November 12, 2015. 3. MATTERS ARISING: 3.1 FCM Sustainability Conference - February 2016 - Warden Webber. 3.2 Request for Decision- Scope of Services for Animal Control Services and Impound Facilities Request for Proposal. 3.3 Branding Study update - Presentation by Adam MacKenzie, Sperry (appointment at 10:15 a.m.) 4. COMMITTEE REPORTS: 4.1 Committee of the Whole - Thursday, November 19, 2015 - Warden Webber 4.2 Building Code & Unsightly Premises Committee - August 18, 2015 - Councillor Myra 4.3 Building Code & Unsightly Premises Committee - September 22, 2015 - Councillor Veinotte 4.4 Building Code & Unsightly Premises Committee - September 24, 2015 - Councillor Veinotte S. CORRESPONDENCE: 5.1 Letter of response from the Minister of Municipal Affairs dated November 9, 2015 regarding the concerns raised by Council on the proposed changes to the Municipal Elections Act. 5.2 Letter from South Shore Public Libraries dated November 10, 2015 regarding request for donation to the 2015 Adopt -A -Book Campaign. 5.3 Letter of support from Chester Municipal Chamber of Commerce dated November 16, 2015 regarding proposal of a village -style inn, located at 58 Duke Street and the adjoining properties (52 - 54 Duke Street and 37 Water Street). 6. NEW BUSINESS: 6.1 For Information Only - Report from CAO regarding Chipping. 6.2 Request for Decision from CAO dated November 19, 2015 - Wellbeing Committee Terms of Reference. 6.3 Second Quarter - 2015/16 Operating and Capital Budgets - Director of Finance. a) 2015/16 Operating Budget Review b) 2015/16 Capital Budget Review 7. ADJOURNMENT. APPOINTMENT 10:15 a.m. Adam MacKenzie, Sperry regarding Branding Study update. In Camera following regular session under Section 22 of the MGA if necessary Page 1 of 1 �5-. z Animal Control Services and Impound Facilities The Municipality of the District of Chester November 2015 1. Organization 1.1. Area Covered The Municipality of the District of Chester (herein "MODC") is located in Lunenburg County Nova Scotia, The Municipality covers an area of a' pproximately 1,400 square kilometers, ranging from the community of Martins River in the South West, inland to the community of Franey Corner in the North West, North East to Dean Chapter Lake and then back towards the coast to the community of Hubbards in the South East. The permanent population of MODC is approximately 11,000 however this increases significantly in the summer months due tuthe influx ofseasonal residents. Whilst the majority of the population are located in communities along the coast there are a number of smaller communities inland such as New Ross, Forties and Canaan. The remainder of MODC is lightly populated, with residents spread over a wide area. The Municipality of the District of Chester may also enter into a contract to provide Animal Control Services to the Municipality of the District of Lunenburg (herein "MODL!'). The successful contractor would also be required, by extension, to provide services, through this contract to MODL. The attached map shows the municipal boundaries for both MODL and MODC and the various communities (see Appendix A). 1.2. Purpose a) To request submissions for fair consideration by the MODC for Animal Control and Impounding Services. This document also provides candidates with the criteria used to evaluate submissions. In general, Animal Control Services will Include responding toreports orcomplaints of: * xtray, lost or abandoned dogs * dogs found toberunning atlarge ~ dogs not wearing atag ° dogs that are fierce ordangerous ° dogs that are rabid, or appear to be rabid or exhibit symptoms of canine madness * dogs that persistently disturb the quiet oythe neighborhood w Any domestic animal urfowl (noiseatlarge, etc.) • Any livestock (noise,atlarge, inadequate fencing, *to.) ° any other animal control related complaints that may be received from any member of the public, organization orbody 2. Requirements in order to enforce current, proposed and any future legislation, the Municipality requires the services ofan Animal Control Officer / Pound Keeper. The Municipality also requires impounding and boarding fad|itioofor dogs. It is the Intention of the Municipality to acquire these services from a single supplier or service provider, for ofixed monthly price, for aterm of5(five)years. |naddition toproviding services outlined below tothe K8ODCthe successful oontractormaya|soberequied In order to ensure that all potential service providers are fully aware of the potential scope of the service required, the Municipality has provided details ofthanumberandtypeofAnimn|Cuntm|caUareceived between January Ist. 2014 and July 31st 2015. This information is provided in Appendix B. 2.1. Required Services 2.1.1. Animal Control Services - MODC a) The successful contractor ahe|bomquimdtoprovdeAnime|Contnd3emices including enforcement of the following: i. Dog By-law (Byp|avv#140)nfthe Municipality (Appendix C); ii. Domestic Animals and Fowls By-law (By-|ovv#8)ofthe Municipality (Appendix D); ill. The Nova Scotia Fences and Detention ofStray Livestock Act (Appendix E),and; |v. All current and future By -Law's that may be enacted by the Municipality in relation to animal b) The successful contractor will be appointed as the Municipal representative to the Fences and Arbitration Committee for enforcement of the Nova Scotia Fences and Detention of Stray Livestock Act d The successful contractor will berequired to provide Animal Control Services to M0LC, seven days a week, Monday through Sunday inclusive, from midnight on the one day to midnight on the following day, inclusive of all statutory holidays. d) The successful contractor will be responsible for the day-to-day enforcement of By -Law #140,however in instances nfserious dog bites orattacks the successful contractor will borequired towork with the Municipal By -Law Enforcement Coordinator and/or the Community Development Director. 2.1.2.Animal Control Services [WODL(opdnna|) o) Upon the K8ODC exercising this option, the successful contractor may berequired toprovide Animal Control Services, including enforcement of the following: MODL'oDomestic Animal By-law (Appendix F) M0DL'sDog Control By-law (Appendix 6) 6) The successful contractor will be required to provide Animal Control Services to MODL, seven days a week, Monday through Sunday inclusive, from midnight onthe one day tomidnight onthe following day, inclusive of all statutory holidays, d The successful contractor shall supply all the necessary manpower and equipment tofulfill its duties and will take all reasonable steps to avoid any delays in the delivery of the level of service required. cU The successful contractor will ensure that Animal Control Services are available at the times required by the Municipality. The successful contractor will take all necessary steps, and bear all financial burdens, to ensure the service remains uninterrupted. 2,13, Impound Facilities a) The successful contractor shall be required to provide impound facilities which meet the guidelines of the Society for the Prevention of Cruelty to Animals (SPCA). The facility must be accessible to the public, by appointment, between the hours of 8:30 a.m. and 4:30 p,m. Monday to Friday, except for statutory holidays. b) Ideally, the pound facilities shall be located within, or close to the borders of the Municipality of the District ufChester. c) The successful contractor shall, as required, provide boarding, care and maintenance for all stray dogs, impounded dogs, domestic animals livestock and fowl which are found within the boundaries of the Municipality of the District of Chester. In addition, the successful contractor shall, as required, provide boarding, care and maintenance for all stray dogs, impounded dogs, and domestic animals found within the boundaries of the Municipality of the District of Lunenburg per the Dog Control By-law and the Domestic Animal By-law. eA The successful contractor shall be responsible for the return of all stray and impounded dogs, domestic animals, livestock and fowl to their owners, and the disposal of all dogs that cannot be returned to their owners in accordance with the guidelines set out in By -Law #14Vofthe [Wun|dpaUty-, e) The successful contractor shall be responsible for transport of all dogs, domestic animals, livestock and fowl which require emergency medical treatment toon appropriate veterinary hospital. The cost ofany emergency medical treatment shall be borne by the owner of the dog or by the Municipality in which the contractor iooperating eothe Animal Control Officer, f) The successful contractor shall beresponsible totransport all dogs, domestic animals, livestock and fowl which are to be euthanized to a euthanasia service location determined by the Municipality in which the contractor is operating as the Animal Control Officer. The cost for euthanizing dogs shall be borne by the owner of the dog or by the Municipality in which the contractor operating as the Animal Control Officer. g) The successful contractor will ensure that Impound Facilities are available at the times required by the Municipality and will take all necessary steps, and bear all financial burdens, to ensure the service remains uninterrupted during thasetimas. h) The successful contractor shall be responsible for all fixed, variable and incidental costs involved with the provision ofImpound Facilities. 2.1A. Personnel a) The successful contractor shall provide all necessary manpower in order to provide an acceptable level of service as required by the Municipality of the District of Chester. 6) The successful contractor and any employees shall carry atall times, when engaged |nanimal control duties, an official card which identifies them as an Animal Control Officer for respective municipality in which the animal control officer is acting in, d The successful contractor shall have orbeeligible toobtain, 3pedo|Constab|eStotuowiththePnovnoe of Nova Scotia. d) The successful contractor ortheir staff shall beresponsible for the issuance ufSummary Offense Tickets; for maintaining all records and information related to the enforcement of applicable municipal bylaws; for regular consultation with municipal and legal representatives concerning enforcement; and for attendance at Court concerning proceedings related to enforcement, e) The successful contractor shall pay and be fully responsible for all salaries, wages, benefits, 2.1.5. Vehicles and Equipment a) The successful oonLractorxhmUprnvdeaUvohblexandequipmentneueusaryfortheprovsiunofthe Animal Control and Impounding Services. W The successful contractor shall provide a vehicle or vehicles suitable for transporting dogs,domestic animals, livestock and fowl inahumane state tothe impound facility, All vehicles are to have a pleasing appearance and be kept neat, clean and in a state of good ii All vehicles shall be clearly identified as to the respective municipality in which the animal control officer iyacting in. The Municipality will provide the successful contractor with magnetic signs tothis effect. d Where any equipment has been supplied to the successful contractor by the MODL and/or MODC, that equipment shall remain the property of the respective Municipality and shall be returned to the respective Municipality upon completion or termination of the contract. The successful contractor will make best efforts to keep such equipment in good working order and will inform the respective Municipality immediately upon any malfunction ofsuch equipment. d) The successful cnntractnrsheUbeosponsiNoforaUfixed variable and incidental costs involved with the provision of any vehicles or equipment, 2.2. Communications a) The Municipality of the District of Chester will provide the successful contractor with a cell phone to be used for the provision of Animal Control services under this contract. Any and all public enquiries received at any time of the day and night will be directed to this phone and the successful contractor will answer all such calls at the time they are received, or as soon as practicable afterwards. b) The successful contractor wiUensuetho all onduty personnel concerned with the provision ofAnimal Control services or Impound facilities are accessible by cell phone, d When Providing service dothe Municipality ofthe District nfLunenbung,the Animal Control Officer's contact number will be made available to the call center used by MODL to handle calls to the animal control service. 2.3. Record Keeping and Reporting o) When acting as Animal Control Officer in MODC, the successful contractor shall report directly to the By-law Enforcement Coordinator of the Municipality of the District of Chester. |nthe absence ofthe By - Law EnforcamentCoondinotor,theContradorohaUreporttotheCommunityQeve|opmentD|rector b) When acting as Animal Control Officer in MODC, the successful contractor shall report directly to the Municipal Clerk of[WODL. c) The successful contractor shall keep true and accurate records, as requested by the respective Municipality, and provide monthly and annual reports of all animals handled by the Contractor on behalf ofthe respective Municipality. d) The successful contractor and shall maintain a separate accounting system for the costs of operating the services covered bythe contract. o) The successful contractor ohuU make his records available to either Municipality from time totime, f) MODC and MODL will provide the successful contractor with templates of all forms to be used during the provision of the service. g) The successful contractor shall collect all impounding fees, daily pound or boarding fees and any other additional amounts as provided in the relevant by-laws from persons redeeming dogs and shall also collect payment accordingto the respective Municipal By-laws from anyone purchasing impounded dogs which are not redeemed. All such funds shall be forwarded to Corporate Services of the respective Municipality and accounted for in financial records prepared by the Contractor, h) The successful contractor shall provide receipts to anyone paying impounding fees, daily pound or boarding fees, or amounts for the purchase of impounded animals, or any other amounts as provided by the relevant By-laws. Receipts shall be numbered and be provide in triplicate, with one copy provided to the owner of the animal, one for contractor and one for MODC. MODC retains the right to inspect the receipt book upon request. 2.4. Insurance and Indemnification a) The Animal Control Officer shall be under the control and supervision of the respective Municipality for which they are responding to a call. b) The successful contractor shall obtain and maintain, for the entire duration of the contract, insurance coverage on his vehicle(s) which are used to provide the Animal Control Service and Impound Facility, in the amount of two million dollars ($2,000,000) minimum. c) The successful contractor shall also obtain and maintain commercial general liability insurance against claims for personal injury, death and property damage and this coverage shall be a minimum of two million dollars ($2,000,000) for each occurrence and shall include the Municipality of the District of Chester and the Municipality of the District of Lunenburg as an Additional Insured Party with respect to liability arising from operations performed under the contract. d) Vehicle and Liability Insurance shall be provided through an insurance company and a policy approved by the Municipality of the District of Chester. e) No later than noon hour on the day of commencement of any contract, the Municipality of the District of Chester and the Municipality of the District of Lunenburg shall be provided with a Certificate of Insurance confirming Insurance coverage as required in this contract. The insurance policies shall become effective upon the commencement of any contract relating to bids received against this RFP, f) The successful contractor shall indemnify and save harmless the Municipality of the District of Chester and the Municipality of the District of Lunenburg of and from all fines, suits, claims, demands, and actions of any kind or nature to which either Municipality shall or may become Liable for or suffer by reason of any negligent, unlawful or wrongful act on the part of the successful contractor or any of its employees or agents. g) The successful contractor and Municipality agree and recognize that the Contractor in the performance of the duties contemplated by any contract they may enter into is a "self-employed person" as defined in the Occupational Health and Safety Act S.N.S. 1996, c.7, s. 3(ae) and not a "dependent contractor" as defined by s. 3(j) of the aforementioned Act. h) The successful contractor agrees that he shall comply in all respects with the provisions of the Occupational Health and Safety Act aforesaid both as regards to himself and any employees employed by the Contractor in carrying out the provisions of any contract with the Municipality. i) The successful contractor shall have Workers Compensation Coverage or provide proof that they are exempt from the same as per the Worker's Compensation Act and Regulations. J) The successful contractor shall be responsible for all fixed, variable and incidental costs related to obtaining the required insurance cover. 2.5. Compliance with Regulations a) The successful contractor shall comply with all the requirements of Federal and Provincial Acts and Regulations. Moreover, the Contractor shall fully comply with all current and future by-laws enacted by the MODC and MODL. b) The successful contractor shall act in accordance with and within the authority of the Municipal By- laws, which are now or may in the future come into effect concerning animal control. 3. Value of Services a) The Municipality of the District of Chester expects to pay a fixed, monthly fee in respect of the services described in this RFP document, therefore: I. The Municipality of the District of Chester shall pay to the successful contractor a fixed monthly fee exclusive of HST for each full month of the contract, and a pro -rata amount for each part month. ii. The monthly payment shall cover all costs associated with the provision of Animal Control Services and Impounding Facilities, and shall include all incidental expenses incurred by the Contractor such as salaries, mileage, boarding fees, food, and any other such expenses associated with the capture and boarding of dogs. iii. The successful contractor shall invoice the Municipality of the District of Chester on a monthly basis stipulating the service period covered and include HST if applicable. the Municipality of the District of Chester will in turn process the invoice in due course which normally takes approximately two weeks. b) The successful contractor shall be responsible for all fixed, variable and incidental costs involved with the provision of Animal Control and impounding services. 4. Scope of Services a) The proposed start date for the Animal Control Services and Impound Facilities will be 00:00am on February 1" 2016. b) The successful contractor will be expected to provide the service for a period of five (5) years from date of commencement of the contract. c) The service is expected to be available to the Municipality and its residents 24 hours a day, 7 days a week, 365 days a year, including all statutory holidays. 5. CONTENTS OF SUBMISSION 5.1. All proposals submitted to the Municipality shall include the following: a) An introduction outlining an understanding of the project and of the Municipality as well as the proponent's approaches to addressing the various elements of the scope of the services defined in Section 2above. This should include odescription ofthe tracking system that will beused totrack kennel fees and payments tothe Municipality. b) The name(s),qua|ificotions and relevant experience ofthe person(s) who will be primarily responsible for provision of the Animal Control Service and who will work at or manage the Impounding Facility. c) The names, qualifications, related experience, and level ufinvolvement ofa|| other persons who will be Involved in the delivery of services related to this contract. This should include a description how services will be delivered when the contractor is on vacation or extended leaves. d) A firm monthly price for the delivery of all services, The pricing shall be quoted for services provided to MODC as well as the optional fee for services to MODL, The costs shall cover all aspects of the service, as outlined in Section 2 above that shall remain fixed for the term of the contract. e) The names and contact information of two references who would be familiar with the proponent's ability to deliver the services outlined inSection 2above. f) Certificate of Insurance confirming insurance in accordance with Section 2.4, or an indication that the same will be provided prior to entering Into a contract with the Municipality of the District of Chester; g) A Clearance Letter from the Worker's Compensation confirming that the proponent is in good standing, or an indication that the same will be provided prior to entering into a contract with the Municipality of the District of Chester, or proof of exemption as per the Worker's Compensation Act and Regulations, h) The proposal shall consist ofone envelope containing six hard copies and one digital copy (.pdfformat) of the proposal osoutlined above, including the proposed cost ofthe service. G. SUBMISSION DEADLINES AND EVALUATION P.yN.Myra, Municipal Clerk Municipality ofthe District ofChester P.0.Box 369 151 King Street Chester, Nova Scotia B01JO 275-3SG4 6.2. Questions about this RFP should be directed to: Tara Maguire, Community Development Director Municipality ofthe District ofChester Pl}.Box 369 186Central Street Chester, Nova Scotia BOJ 1JO 902275-2599 tmogu|e@nhoster.oa 6.3. Council ofthe Municipality ofthe District ofChester reserves the right to reject any or all proposals, mnot interests of the Municipality. Council also reserves the right to waive any formality, informality or technicality in any proposal. 6.4. Council of the Municipality of the District of Chester reserves the right to request a presentation from any bidder to further assess any proposal. 6.5. It is anticipated that a decision will be made by Thursday, January 14, 2016 and the successful respondent will be notified and the contract awarded prior to the proposed date of commencement of the service. An award for services shall be not effective until such time as a contract for the services requested in this proposal has been executed by the successful respondent and the Municipality of the District of Chester. 6.6. The following criteria will be used to select the successful submission: CRITERION WEIGHT Qualifications of the service provider and any staff. 30% Previous experience of providing similar services. 30% Location of proposed Impound Facility. 20% Overall presentation of proposal. 5% Creativeness of proposal. 5% Cost effectiveness of proposal. 10% TOTAL 100% Appendix A — the Municipality of the District of Chester Appendix B — Animal Control Activity January 11t, 2014 and July 31, 2015 The following tables represent a breakdown of the number and type of Animal Control related incidents dealt with bythe Municipality between January 11t,2O14and July 31,ZU15 Breakdown by Type MODC MODIL Dog running at large 77 171 Found Dog 12 25 Lost Dog 11 Barking Dog 6 27 Other 1 31 Dog Bite / Dog Attack 10 10 Total calls 117 319 Appendix C — Dog By -Law #140 MUNICIPALITY OF THE DISTRICT OF CHESTER PO Box 369, Chester, NS BOJ UO IS 1 Klug Street, Chester, NS Telephone: 902-275-3554 Facsirrifle: 902-275-4771 email: adnfinistration@chekenca 1, Pamela M, Myra, Municipal Clerk of the Municipality of the District of Chester do hereby certify that the following is a true copy of the Dog By -Law #140. Given under the hand and seal of the Municipality of the District of Chester this 4"' day of April, 2011. Pamela M. Myra Municipal Clerk MUNICIPALITY OF THE DISTRICT OF CHESTER DOG BY-LAW BY-LAW # 140 DEFINIT16NS 1. In this By -Law; a, "CLERK" means the Clerk of the Municipality and shall include any other person designated by the Chief Administrative Officer to carry out the duties of the Clerk under this By -Law; b, BY-LAW ENFORCEMENT OFFICER!' means that person employed by the Municipality, and designated by the CAO, with responsibility for the enforcement of by-laws and whose duties may include those of the pound keeper and those of the Dog Control Officer as described in Section 175, Part (1) Subsection Ch) of the Municipal Government Act; c. "ANIMAL CONTROL OFFICER" means that person employed by the Municipality, and designated by the CAO, with responsibility for Animal Control and whose duties may include maintaining a pound, capturing and impounding dogs in breach of this by-law and those of the, Dog Control Officer as described in Section 175, Part .(1) Subsection (h) of the Municipal Government Act; d. "DOG" means any dog, male or female, of any age or any animal that is the result of the breeding of a dog and any other animal; e. To "OWN" includes to possessor harbour dog, f. "OWNER" includes any person who possesses, has the care of, or has the control of or harbours a. dog and, where the person is a minor, includes a person responsible for the custody of the minor; g. "DOG LICENSE" means a license for any bind of dog. L "DOG LICENSE PERIOD" means the time 5 years subsequent to the date of issue of a dog license, both dates inclusive, i. "POUND" means an enclosure maintained by or under the authority of the pound keeper for confining dogs captured pursuant to this By -Law; j, "FIERCE OR DANGEROUS" dog means any dog with a known propensity, tendency or disposition to attack without provocation other domestic animals or persons. Notice of Intention to Amend - By -Law Coannittee - October 21, 2010 (2010-512) V Reading - Council Duceinber 9, 2010 (2010-607) 2116 Reading - Council March 10, 2011 (2011-168) Wfectivo Date ­ March 29, 2011 DOG BY-LAW # 140 (CONTINUED) Page 2 of 15 k, "PUBLIC PROPERTY" has the same meaning as defined In Section 4 of the Public Properties 13y -Law No. 134, but shall also include all Crown Land for which the Municipality has responsibility for under a Letter of Authority issued pursuant to the Crown Lands Act and all streets, roads and highways and their sidewalks regularly used by the public that lie within the boundary of the Municipality, whether owned or maintained by the Municipality or some other government body, organisation, body corporate, or person. 1. "MUNICIPAL PROPERTY" shall include all streets, roads, trails, sidewalks parks, structures and public places owned by the Municipality and shall be taken to include all Crown Land for which the Municipality has responsibility for under a Letter of Authority issued pursuant to the Crown Lands Act, m. "KENNEL" means an establishment for the breeding and / or boarding of dogs and includes establishments known as "Doggie Day Care" or any similar definition thereof n, "KENNEL LICENSE" means a license for any type of kennel. o. "KENNEL LICENSE PERIOD" means the time between January 1st and the following December 31st, both dates inclusive. p. "KENNEL OWNER" includes any person, individuals, partnership, society, association, corporation or agency who owns or operates a kennel as defined in section 1 (1) and shall include the owner of the property upon which the kennel is situated. q. "SELL" shall be taken to include giving away free of charge or otherwise finding a more suitable home for a dog. DOGS 2. The owner of every dog shall be responsible for registering and maintaining that registration immediately upon acquiring ownership of a dog with the Clerk and shall obtain at that time a license for such dog. The registration and license fee shall be in accordance with policy adopted by the Municipal Council from time to time and shall be paid by the owner at time of registration. 3. Unless there has been a prior renewal a license issued pursuant to Section 2 shall expire not later than five (5) years from the date of issuance. Notice of Intention to Amend - By -Law Committee - October 21, 2010 (2010-512) 111t Reading - Council - December 9, 2010 (2010-607) 2nd Reading - Council - March 10, 2011 (201.1-168) Effective Date - March 29, 2011 DOG BY-LAW # 140 (CONTINUED) 4. 5, 6. Page 3 of 15 a. The Municipal Council shall appoint the clerk to be a Collector whose duties shall be to register dogs and issue licenses and tags pursuant to this By -Law. b. The, Municipality may employ a person who shall be designated by the CAO to act as either Pound Keeper or By -Law Enforcement Officer or Animal Control Officer or any one or all of these positions. a. Upon registration of the dog and upon payment of the prescribed registration and license fee, the Clerk shall issue a tag for each dog so registered. b. The tag shall bear the serial number of the license, the year in which it was issued and any other inscription the Clerk, the Collector or the By -Law Enforcement Officer may deem necessary. c. The owner of a dog shall keep the tag so issued securely fixed to that dog at all times while the dog is so registered and licensed, d. The tag may be removed from a dog when the dog is being lawfully used for hunting purposes. e. The owner shall not use the tag issued for one dog on any other dog. f. When satisfied that a tag validly issued has been lost, and upon payment of the fee set by policy, the Clerk may issue a new one to replace the lost one. g. The Clerk shall keep a register of all registrations and licenses together with such other information as may be reasonable or necessary and amend the registration of each dog as required. a. Any dog which is off the property occupied by the owner or a property defined in Section 6 (b) Part v without being tinder the continuous restraint and control of some responsible person, is deemed to be running at large for the purposes of this By -Law. A dog which is tethered on a tether of sufficient length to permit the dog to leave the property occupied. by the owner or a property defined in Section 6 (b) Part v is deemed to be running at large, b. The owner of a dog, shall, while the dog is off the property occupied by the owner dr a property defined in Section 6 (b) Part v, keep the dog tinder control by means of a harness or leash, and the dog shall be deemed to be running at large where the owner fails to use such apparatus, except that an unleashed and unharnessed dog that is tinder continuous Notice of Intention to Amend - By -Law Committee - October 21, 2010 (2010-512) Ist Reading - Council - December 9, 2010 (2010-607) 2rid Reading - Council - March 10, 2011 (2011-168) Effective Date -- March 29, 2011 DOG BY-LAW # 140 (CONTINUED) Page 4 of 15 human restraint and control shall not be deemed to be running at large if at the time the dog is: 1. participating In an organized hunt, dog exhibition event or dog field trials; ii. participating in a search and rescue operation or law-enforcement operation; iii. assisting a person with a disability, provided the dog is trained for such purpose; iv. within a municipal public park where the area is designated by signage as an area in which dogs are permitted to be without a leash subject to such limitations are posted; v. on privately owned property, with the consent of the owner or occupant of the property while the dog remains on the property; 7. Any dog not registered pursuant to this By -Law, or 'running at large, or without a collar or tag may be captured by the Animal Control Officer or By -Law Enforcement Officer, and placed in the pound so established. But in cases where dogs either cannot be captured or cannot be captured safely the Animal Control Officer or By -Law Enforcement Officer or persons acting under their authority may immediately destroy such dogs without impounding them. Upon any dog being so impounded the Animal Control Officer or By -Law Enforcement Officer shall make best efforts to contact the owner of said dog and inform them that the animal has been impounded. Should the owner be unable to be contacted within five (5) days of the date of the dog being so impounded, the Animal Control Officer or By -Law Enforcement Officer shall; a. With dogs bearing the tag issued pursuant to this by-law mail to the registered owner not later than three (3) days before the time referred to in the notice, by registered mail postage prepaid a notice in the form set out in Section 7 (c) hereof or such similar form as may suit the particular circumstances; or b. With a dog that does not bear a tag issued pursuant to this By -Law, post in the Municipal Building a notice not later than three (3) days before the time referred to in that Notice, a Notice in the form set out in Section 7 (c) hereof, or such similar form as may suit the particular circumstances, c. The form of notice asset out in this Section may be as follows: "TAKE NOTICE" that a dog (giving a short description with number of tag, if any) has been impounded in the animal pound of the Municipality of the District of Chester at , and unless such dog is claimed (and registered) on or before the — day of 20_, at --- o'clock in the —, noon, the dog will then be sold or if not sold within 7 days, may be destroyed. Animal Control Officer or By -Law Enforcement Officer Dated at — in the Municipality of the District of Chester this --day of 20— Notice of Intention to Amend - By -Law Committee - October 21, 2010 (2010-512) 1St Reading - Council - December 9, 2010 (2010-607) 2114 Reading - Council - March 10, 2011- (2011-168) Effective Date - March 29, 2011 DOG BY-LAW # 140 (CONTINUED) Page 5 of 15 8, The owner of any dog impounded may, upon proving the ownership thereof and upon the payment of any registration fee that may be outstanding as well as redemption fee in accordance with policy adopted by Council from time to time and such other costs as inay have been Incurred in the capturing and keeping of the dog, redeem the dog from the pound. 9. Any dog which has not been so redeemed within the period allowed, may after the expiry of that period be sold by the Animal Control Officer or By -Law Enforcement Officer, for such price as may be reasonably obtainable, and the proceeds shall be given to the Clerk to cover all costs incurred in capturing; keeping and selling the dog and the surplus if any may be retained by the Municipal Council, or may be returned to the owner upon application and providing sufficient proof' of ownership, 10. Any dog which cannot be sold after a reasonable effort has been made may be destroyed by the Animal Control Officer, or By -Law Enforcement Officer or person acting under their authority. 11, Any Constable, Peace Officer, Animal Control Officer or By -Law Enforcement Officer, without notice to or complaint against the owner of any such dog, may impound any dog: a. which is fierce or dangerous; or b, which without provocation., L has attacked or injured any person or property; or H. has caused any harm or loss to the body or personal property of any person; or c. which is rabid or appears to be rabid or exhibiting symptoms of canine madness; or d. that is persistently disturbing the quiet of the neighbourhood by barking, howling or otherwise. But in cases where dogs either cannot be captured or cannot be captured safely the Animal Control Officer or By -Law Enforcement Officer or persons acting under their authority may immediately destroy such dogs without impounding them. 12. Where a dog has been impounded pursuant to Section 11 (a), Section It (b) or Sectionli (c) of this by-law, any Constable, Peace Officer, Animal Control Officer or By-law Enforcement Officer shall without complaint against the owner thereof make best efforts to contact the owner of said dog and inform them that the animal has been impounded, Should the owner be unable to be contacted within five (5) days of the date of the dog being so impounded, the Animal Control Officer or BY -Law Enforcement Officer shall; a. Where the registered owners details are known, or with dogs bearing the tag issued pursuant to this by-law, mail to the registered owner not later than three (3) days before the time referred to in the notice, by registered mail postage prepaid a notice in the form set Notice of Intention to Amend - By -Law Committee - October 21, 2010 (2010-512) 1st Reading - Council - December 9, 2010 (2010-607) 2nd Reading - Council - March 10, 2011 (2011-168) Effective Date - March 29, 2011 DOG BY-LAW # 140 (CONTINUED) - Page 6 of 15 out in Section 12 (c) hereof or such similar form as may suit the particular circumstances; or b. With a dog that does not bear a tag issued pursuant to this By -Law, post In the Municipal Building a notice not later than three (3) days before the time referred to in that Notice, a Notice in the form set out in Section 12 (c) hereof, or such similar form as may suit the particular circumstances; c, The form of notice as set out in this Section maybe as follows: "TAKE� NOTICE" that a dog (giving <a short description with number of tag, if any) as a result of (being found to be fierce or dangerous, being rabid or exhibiting symptoms of canine madness, an unprovoked attack against a person or property - delete as appropriate) has been Wnpounded in the animal pound of the Municipality of the District of Chester at,_ and unless an application is made to the Animal Control Officer or By -Law Enforcement Officer on or before the — day of 20, at — o'clock in the — noon, the animal may be destroyed. Animal Control Officer or By -Law Enforcement Officer Dated at in the Municipality of the District of Chester this --day of 20— d. The owner of any dog so impounded may, upon proving ownership of the clog, within 14 days of the date of such notice being issued, lodge an application with the Animal Control Officer or By -Law Enforcement Officer, in writing, against the destruction of the dog. e. The Animal Control Officer or By -Law Enforcement Officer will, within 14 days of receipt of a letter of application against the destruction of a dog, schedule a meeting to discuss the matter, The Animal Control Officer or By -Law Enforcement Officer will inform the owner of the dog of the date of this meeting and the dog's owner will be permitted to attend to present reasons why the dog should riot be destroyed, f. Upon hearing any application, or if no application is received, the Animal Control Officer or By -Law Enforcement Officer may; i. Make a decision to destroy the dog; or ii. Authorise the return of the dog to its registered owner under such conditions, safeguards and limitations that they deem reasonable or appropriate to manage the risk posed by the dog, protect the neighbourhood and otherwise serve the purpose of this by-law so long as the registered owner signs an undertaking agreeing to be bound by such conditions; or iii. Return the dog to the registered owner; or Notice of Intention to Amend - By -Law Committee - October 21, 2010 (2010512) Ist Reading - Council - December 9, 2010 (2010-607) 2nd Reading - Council - March 1.0, 2011 (2011-168) Effective Date - March 29, 201.1 DOG BY-LAW # 140 (CONTINUED) Page 7 of 15 iv. Make an application to the Court pursuant to the Municipal Government Act to make a decision on how to deal with the dog. g. In any case, after hearing an application, the Animal Control Officer or By -Law Enforcement Officer will write to the owner of the dog, by registered mail, informing them of their decision. h. Where a decision has been made to destroy the dog, the Animal Control Officer or By -Law Enforcement Officer or a person acting under their authority will destroy the dog. 1.3. Where a dog has been impounded pursuant to Section 11 (d) of this by-law, any Constable, Peace Officer, Animal Control Officer or By -Law Enforcement Officer may deal with the dog by: a. In the case of a first offence, and upon application by the owner with sufficient proof of ownership, may impose such conditions, safeguards and limitations as may deem reasonably appropriate to protect the neighbourhood and otherwise serve the purpose of this by-law upon the dog and Its owner, and return the dog to the owner only after the owner has signed an undertaking agreeing to such conditions, safeguards and limitations; or b. In the case of subsequent offences, or where the owner or animal is in breach of any of the conditions, safeguards or limitations contained in the signed undertaking, the Animal Control Officer or By -Law Enforcement Officer may: i. Impose further conditions, safeguards and limitations as may deem reasonably appropriate to protect the neighbourhood and otherwise serve the purpose of this by-law upon the dog and its owner, and require the owner to sign an undertaking agreeing to such conditions, safeguards and limitations; or ii. Impound the dog and take steps to sell the dog. hi. Any dog that cannot be sold after a reasonable effort has been made may be destroyed by the Animal Control Officer or, By -Law Enforcement Officer or person acting under- their authority, 14, Where a dog that was registered pursuant to this by-law has been impounded or destroyed, the Municipality may take all reasonable steps to recover any costs associated with the impoundment and destruction of the dog from the registered owner. 15. Where a dog that was not registered pursuant to this by-law has been impounded or destroyed, but the identity of the owner has been established to the satisfaction of the Animal Control Officer or By -Law Enforcement Officer, the Municipality may take all reasonable steps to recover any costs associated with the impoundment and destruction of the dog from the owner. Notice of Intention to Amend ­ By -Law Committee - October 21, 2010 (2010-512) 1st Reading - Council - December 9, 2010 (2010607) 2nd Reading - Council - March 10, 2011(2011-168) I"i1fortive Date - March 29, 2011 DOG BY-LAW # 140 (CONTINUED) Page 8 of 15 16. Every owner of a dog who fails to remove the feces of a dog, other than a dog that is trained to assist and is assisting a person with a disability, from Municipal property is guilty Of all Offence against this By-law and is subject on conviction to the penalty prescribed by in Section 20, KENNELS 17, In respect of kennels. a. No person shall operate a kennel without first applying for the appropriate kennel license. b. The application for a kennel license shall comply with the provisions of this by-law and shall be in a form acceptable to the By -Law Enforcement Officer or Animal Control Officer. The application must be signed by the proposed Kennel Owner. c. A license fee as determined from time to time by policy by the Municipality shall be submitted with each application for a kennel license and each subsequent application to renew a kennel license. The fee shall cover the whole of the license period, or any portion thereof, d. A deposit, as determined from time to time by policy by the Municipality,, shall be paid when submitting an application for a now or initial kennel license to cover expenses incurred by the Municipality in processing the application. Any remaining balance of the deposit will be returned to the applicant once the application has been processed, e. When applying for a kennel license, the Clerk will notify all neighbours within 500 feet of the proposed location, by registered mail not. less than fourteen days (14) following receipt of application. f. When considering an application for a kennel license, the Animal Control Officer or By -Law Enforcement Officer will consider any objections from those nelghbouns notified that are received within 30 days of the date of the registered letter; and may take steps to further investigate these objections. g. In considering the grant of a kennel license, the Animal Control Officer or By -Law Enforcement Officer shall consider that, in addition to any specific requirements in the by- laws, that. i. The proposed site is an appropriate location for a kennel, fl, The kennel will not adversely affect the neighbourhood, ft The kennel. shall not be operated in a manner which creates a nuisance to anyone occupying a property in the vicinity. iv. Adequate and appropriate facilities will be provided to assure public safety, v. That kennel maintenance and operation conforms to the Code of Practice for Canadian Kennel Operations as produced by the Canadian Veterinary Medical Association. Notice of Intention to Amend - By -Law Committee - October 21, 2010 (2010-512) V;t Reading - Council - December 9, 2010 (2010-607) 2nd Reading - Council -- March 10, 2011(2011-168) Effective Date — March 29, 201.1, DOG BY-LAW 41:40 (CONTINUE, D) Page 9 of 15 vi, That the application conforms to the requirements of the Land Use fay -Law. h. In considering the grant of a kennel license, the Animal Control Officer or By -Law Enforcement Officer may impose such conditions, safeguards and limitations as may deem reasonably appropriate to protect the neighbourhood and otherwise serve the purpose of the by-law. These conditions, safeguards and limitations will form part of the kennel license. In considering the grant of a kennel license, where the application for a kennel license has been made for a kennel operation that has been in existence for at least 12 months prior to the date this by-law became effective, the Animal Control Officer or By -Law Enforcement Officer may allow the kennel operation a 6 month grace period in which to comply with the provisions, safeguards and limitations set out in this By -Law and any kennel license issued pursuant to it. The Animal Control Officer or By -Law Enforcement Officer may, at their discretion, extend this grace period subject to the kennel owner providing and agreeing to a plan of action, and showing evidence of progress in relation to this plan of action. j. Where the application for a kennel license is granted: I., The Clerk will write to all those persons informed in Section 1.7 (e) by registered mail to inform them that a kennel license has been granted to the applicant, fi. Those persons notified above will have fourteen (14) days from the date of receipt of the letter to register an appeal, in writing against the grant of a kennel license to Municipal Council. fli. Should any appeals against the grant of a kennel license be received within the 14 day period the Animal Control Officer or By -Law Enforcement officer will prepare a report for Council within 14 days. iv. After receiving the report Council shall set the date to hear the appeal and then thereafter Council may: 1, uphold the appeal and refuse the grant of the kennel license, or H. uphold the granting of the kennel license with additional conditions, safeguards and limitations as may deem reasonably appropriate to protect the noighbourhood and otherwise serve the purpose of the by-law, or iii. reject the appeal and issue the kennel license. v. If no appeals are received within the 14 day period, or if any appeals are received and are subsequently rejected, the Clerk will issue the kennel license to the applicant. k, Where the application for a kennel license is refused: L The Clerk will write to the applicant by mail informing them of their -decision, 11, The applicant will have fourteen (14) days from the date of receipt of the, totter to lodge an appeal, in writing, with Council, iii. The appeal process will follow that outlined in Section 1.7 (z) thru Section 17 (cc) below. Notice of Intention to Amend - By -Law Committee - October 21, 2010 (2010-512) lsc Reading - Council - December 9, 2010 (201.0-607) 2nd Reading ­ Council - March 10, 201.1(2011.-168) Effective Date -- March 29, 201.1 DOG BY-LAW # 140 (CONTINUED) Page 10 of 15' A veterinary hospital shall not be considered a kennel unless it contains an area for the breeding of dogs, or for boarding dogs for other than medical or surgical purposes, m.Kennel licenses shall Include the following information and shall not be transferrable: I, Narne I!. Location Ili. Maximum number of dogs iv. Such other information as required from time to time by the Animal Control Officer or By -Law Enforcement Officer. m The kennel owner shall renew the license annually prior to the commencement of each succeeding license period, o. A license issued pursuant to this by-law shall be in addition to any other license required for any dog which may be kept in such a kennel. p, All buildings, enclosures, runs and any other structures concerned with the operation of the kennel shall be kept in good repair at all times, q. Kennels shall be kept clean and all waste and excrement shall be disposed of in a manner that does not create a nuisance, in a manner acceptable to the Department of Environment and in a manner that conforms to the Municipality of the District Of Chester Waste Collection and Disposal By -Law #131. r. Kennels shall be at all times under the direct control of a responsible person. s, The Animal Control Officer or By -Law Enforcement Officer may enter in or upon land where a kennel is located, and enter the kennel buildings, pounds and enclosures to perform all inspection of the kennel so long as entry is made in accordance with the regulations laid down in Part XXI Section 503 of the Municipal Government Act. t. Inspections may be carried out; i. On.a random basis. ii. As part of a regular series of Inspections. III. In response to complaints, u. If, after inspecting a kennel, the Animal Control Officer or By -Law Enforcement Officer believes it is not being maintained in a sanitary and/or humane manner, or is in breach of the conditions outlined on the kennel license and this or any other by-law, may; Issue a formal warning to the kennel owner; or Notice of Intention to Amend - By -Law Committee - October 21, 2010 (2010-512) 181 Reading - Council - December 9, 2010 (2010-607) 2114 Reading - Council - March 10, 2011 (2011-168) Effective Dato - March 29, 2011 DOG BY�LAW # 140 (CONTINUED) Page 11 of 15 I!. Issue an order to the kennel owner instructing them to take reasonable and appropriate steps to rectify the unsanitary and/or inhumane conditions, or other issues or breaches identified in the inspection; or I'll. Issue an order revoking the kennel license; and iv. Report the incident to the SPCA. v, Should, after the issue of a formal notice, further inspections reveal the breaches identified in Section 17 (u) above to be unresolved, or reveal any further breaches, the Animal Control Officer or By -Law Enforcement Officer may; I. Issue an order to the kernel owner instructing them to take reasonable and appropriate steps to rectify the unsanitary and/or inhumane conditions, or other Issues or breaches identified in the inspection; or JL Issue an order revoking the kennel license; and iii. Report the incident to the SPCA. w. Should, after the issue of an order instructing the kennel owner to rectify any breaches idei-itified in the inspection, any breaches remain unresolved after the expiry date of such an order, or any new breaches are discovered, scovered, the Animal Control Officer or By -Law. Enforcement Officer may issue the kennel owner an order revoking the kennel license and will report the breach to the SPCA. x. Any order that may have been issued revoking a kennel license will become effective fourteen (14) days after the date of issue unless there is an emergency situation, as determined by the Animal Control Officer or By -Law Enforcement Officer, at which time the revoking of the license will be immediate, In such emergency situations the Animal Control Officer or By -Law Enforcement will arrange interim care for the affected animals, y. A kennel owner may, within fourteen (14) days of the date of issue of an order revoking a kennel license, lodge an appeal with Council, in writing, against the order. z. Where a kennel owner has lodged an appeal within fourteen (14) days of the date of issue of an order to revoke a kennel license, the order will be suspended until such time as the appeal has been heard and a decision has been made unless there is an emergency situation, as determined by the Animal Control Officer or By -Law Enforcement Officer in which case the license will remain revoked. aa. The Municipal Council will, within fourteen (14) days of receipt of a letter of appeal against an order revoking a kennel license, schedule a meeting to discuss the matter. The Municipal Council will inform the kennel owner, and the list of persons originally notified of the kennel application (see Section 17 (e)) of the date of this meeting and the kennel owner and those persons notified will be permitted to attend to defend against the revocation order, bb. Upon hearing any appeal the Municipal Council may, at its discretion; Notice of Intention to Amend - By -Law Committee - October 21, 2010 (2010-512) 1St Reading - Council - December 9, 2010 (2010-607) 2M Reading - Council - March 10, 2011(2011-168) Effective Date -- March 29, 2011 DOG BY-LAW # 140 (CONTINUED) Page 12 of 15 I. Uphold the decision of the Animal Control Officer or By -Law Enforcement Officer; or Ji. Restore the license upon such terms and conditions as determined by Council; or iii. Uphold the appeal and reinstate the kennel license. cc.In any case, after bearing an appeal, the Municipal Council will write to the owner of the kennel, by registered mail, informing them of their decision, dd. The penalty for maintaining a kennel after the license has been suspended or revoked shall be as in accordance with that indicated in Section 19 (a) of this by-law. 18. The owner of a dog: a. which runs at large contrary to this By -Law; or b. in respect of which the license fee imposed by this By -Law is not paid; or c. which is fierce or dangerous; or d, which, without provocation; 1. has attacked or injured any person or property; or H, has caused any harm or loss to the body or personal property of any person, or e, which is rabid or appears to be rabid or exhibiting symptoms of canine madness; or f. that is persistently disturbing the quiet of the neighbourhood by barking, howling or otherwise; is guilty of an offence against this By-law whether or not such dog is chained, muzzled or otherwise restrained and is Subject on conviction to the penalty prescribed, by in Section 20, 19. In respect of kennels; a. Any person who owns, maintains or operates a kennel contrary to this bylaw or is in violation of any of the conditions stipulated upon a license issued pursuant to this by-law is guilty of an offence and shall be liable on conviction for a first offence to a penalty not exceeding Five Thousand dollars ($5,000.00) and in default of payment to imprisonment -for a term not exceeding thirty (3 0) days, b. Any person who owns, maintains or operates a kennel contrary to this by-law or is in Violation Of any of the conditions stipulated upon a license issued pursuant to this by-law is guilty of an offence and shall be liable on conviction for all subsequent offences to a penalty not exceeding ren Thousand dollars ($10,000,00) and in default of payment to imprisonment for a term not -exceeding thirty (90) days, Notice of Intention to Amend - By -Law Committee - October 21, 2010 (2010-512) 1st Reading - Council -.December 9, 2010 (2010-607) 211d Reading - Council - March 10, 2011(2011-168) Effective Date .- March 29, 2011 DOG BY-LAW # 140 (CONTINUED) Page 13 of 15 20. Any person who fails to comply with any provisions of this By -Law or any license issued pursuant there to and for which no penalty is expressly provided shall be liable on conviction to a penalty not exceeding Five Hundred dollars ($500.00) and in default of payment to imprisonment for a term not exceeding thirty (3 0) days, 21. Where a person is guilty of an offence contrary to the provisions of this by-law or any license issued pursuant to this by-law, and that offence continues beyond 12:00 midnight on the day it was committed, each subsequent day the offence continues shall be deemed to be a separate offence, 22. If it appears that the procedure was conducted in accordance with the principles of this by- law, that the irregularity, failure, non-compliance or mistake did not affect the result of the decision. 23. This By -Law shall become effective on the date of publication, Notice of Intention to Amend - By -Law Committee -October 21, 2010 (2010-512) 1A Reading - Council - December 9, 2010 (2010-607) 211d Heading ­ Council - March 10, 2011- (2011-168) Effective Date - March 29, 2011 DOG BY-LAW # 140 (CONTINUED) Page 14 of 15 Annotation for Official By -Law Book Date of First Reading December 9, 2010 Date of advertisement of Notice of Intent to Consider Progress Enterprise on February 22, 2011 and Masthead News on February 16, 2011 Date of Second Reading March 10, 2011 Date of advertisement of passage of By -Law March 29, 2011. Date of mailing to Minister a certified copy of By-Law April 4, 2011 I certify that the Dog By -Law # 140 was amended by Council and published as indicated above April 4.2Q11 P. M. Myra, Kunicipal Clerk Date *E,ffectjve,1)4te of the By -Law unless otherwise specified in the text of the By -Law Notice of Intention to Amend - By -Law Committee - October 21, 2010 (2010-512) 1st Reading - Council - December 9, 2010 (2010-607) 2nd Reading - Council - March .1-0, 2011(2011-168) Effective Date -- March 29, 201.1 DOG 13Y -LAW # 1.40 (CONTINUED) Page 15 of 15 10�UNICIPSLITY OF THE DISTR r 4 OF CHESTER N+C 110E REs.BY-LAWS Take notice that Chester Municipal Council considered. adoptions and amendments to the By -Laws of the Municipality of the District -of Chester at a meeting held ori Thursday, March 10; 2011. Those adoptiongtamendments were approved as follows: By -Law_ Amendment Dog By -Law #140 AMENDMENT, Reference to Municipal property, licensing -m of kennels, impounding, etc. Further take notice that a copy of the amendments of the above-mentioned Sy -laws may be reviewed or obtained between the hours of, 8;30 a.m. and 4;30 p.m, at the offices -of- the Municipality of the District of Chester,151 King Street, Chester, NS or oil the website.at:www chest ria. Afrd fiirther..take notice that the above-mentioned amendments will'become effective as of the date of publication of this newspaper. Pamela M. Myra Municipal Clerk 1, Pamela M. Myra, Municipal Clerk of the Municipality of the District of Chestier do hereby certify that -the above is a true copy of an advertisement duly advertised in the Progress Enterprise on Tuesday, March 29, 201,:1. Given under the hand of the Municipal Cleric and under the corporate seal of the said Municipality this 401 day of April, 2011. el"a M. Myra Icipal Clerk Notice of Intention to Amend ­ By -Law Committee b 1si Reading - Council - December 9,2010 (201.0-607) 2nd Reading - Coii.ncil - March 1:0, 2011 (2011.-168) Effective Date Misch 29, 2011 3., btobci° 21 20.16 (2010-512) Appendix D — Domestic Animals and Fowls By-law #8 MUNICIPALITY OF THE DISTRICT OF CHESTER BY-LAWS BY-LAW 48 POMr1,9tjC K AND US - YON! 9! 11 In this chapter (a) "Domestic Animal" means any tame or domesticated animal whatsoever, including but without restricting the generality of the foregoing, horses, cattle, sheep and swine, regardless of age or sex, (b) Notwithstanding paragraph (a) hereof, "Domestic Animal" shall not include dogs or cats. c, "Fowl" means any tame or domesticated member of the bird family, including, but without restricting, the generality of the foregoing, turkeys, geese, ducks and hens, regardless of age or sex. (d) "Owner" includes, in addition to its usual meaning, any person who possesses or harbours a Domestic Animal or Fowl. 2. The owner of any Domestic Animal or Fowl shall prevent such domestic animal or fowl from: (a) going from the premises of such owner otherwise than, under the fully effective restraint of some person. QJ causing without provocation any harm or lots to the person or property or property of anyone, 31 Any person who failo to comply with any provision of section 2(a) or 2(b) hereof, shall be liable to a fine of Twenty Dollars (X20.00), and in default of payment to imprisonment in the County Jail for ten days, Pas8ed by Council May 10, 1961 Approved by Minister February 8, 1962 Appendix E — Nova Scotia Fences and Detention of Stray Livestock Act Fences and Detention of Stray Livestock Act CHAPTER 166 OF THE REVISED STATUTES, 1989 amended 2002, c. 1, ss. 9-18 NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources. An Act to Provide for Fences and Detention of Stray Livestock Short title 1 This Act may be cited as the Fences and Detention of Stray Livestock Act. R.S., c. 166, s. 1, Interpretation 2 In this Act, (a) "committee" means a fences arbitration committee; (b) "livestock" means cattle, sheep, swine, goats, horses, ponies, mules, ratites, farmed deer and game farm animals and any other livestock designated by the Minister; (c) "livestock farm" means that portion of land used for livestock, including land used for grazing purposes; (ca) "Minister" means the Minister of Agriculture and Fisheries; (d) "municipality" means a city, incorporated town or municipality of a county or district that is designated by the Governor in Council as a municipality for the purposes of this Act; (e) "non -livestock farm" means land upon which no livestock is maintained; (f) "owner" includes (i) with respect to livestock, any person who has lawful custody of the livestock, (ii) with respect to a farm, the person occupying or operating a farm. R.S., c. 166, s. 2; 2002, c. 1, s. 9. Application 3 This Act applies to those municipalities that are designated by the Governor in Council as municipalities for the purposes of this Act and then only after a request has been made by the municipality to the Minister for such designation. R.S., c, 166, s. 3; 2002, c. 1, s. 10. Fences arbitration committee 4 (1) There shall be established for each municipality a committee to be known as the fences arbitration committee consisting of one member for each municipality appointed by the Nova Scotia Federation of Agriculture and one member appointed by the council of the municipality. (2) The member appointed by the council of a municipality pursuant to subsection (1) may be an employee of the municipality and shall be the chair of the committee. (3) The Nova Scotia Federation of Agriculture and the council of the municipality shall each appoint an alternate member to serve on the committee when requested to do so by the member appointed by the council of the municipality or the Nova Scotia Federation of Agriculture, as the case may be. (4) Two members of the committee constitute a quorum. (5) The members of a committee hold office for a term of not more than four years. (6) The members of a committee and the alternate members of the committee appointed pursuant to this Section may be paid remuneration, including reasonable expenses, by the municipality at such rates as the municipality may determine. (7) Members of the committee and alternate members of the committee appointed pursuant to this Section shall be residents of the municipality for which the committee is established. 2002, c. 1, s. 11. Fences 5 (1) The owner of a livestock farm shall 'build and maintain fences adequate to prevent his livestock from escaping from his farm. (2) The owner of a non -livestock farm adjoining a livestock farm shall not plant or cultivate any crop other than hay or pasture that would constitute an enticement to livestock closer than eight feet to a fence built or maintained pursuant to subsection (1). (3) When a livestock farm adjoins another livestock farm, the owners of those farms shall share in the costs of building and maintaining common fences in such proportions as may be agreed upon between them and, failing such agreement, in such proportions as the committee for the municipality in which the lands are situated shall determine pursuant to this Act. (4) Subsection (3) shall not apply when one of the farms has been operated continuously as a non - livestock farm for a period of one year. R.S., c. 166, s. 5. Disputes referred to committee 6 (1) A person who believes that an owner of a livestock farm has not complied with or is not complying with subsection 5(1), and where the person has complied with subsection 5(2), where applicable, or any owner of a livestock farm who is unable to reach an agreement with an owner of an adjoining livestock farm pursuant to subsection 5(3) may notify, in writing, the cleric of the municipality in which the land is located and the notification shall be accompanied by the fee determined by the municipality. (2) When a clerk of a municipality receives a notification in writing pursuant to subsection (1), the clerk shall immediately refer the matter to the chair of the committee for that municipality who shall, within seven days, convene the committee and provide an opportunity for any of the parties to make representations to the committee, unless, before the expiry of seven days, the chair is satisfied that in respect of the matter referred to the committee this Act has been or is being complied with or an agreement has been reached between the parties. (3) With respect to a matter referred to a committee under this Section, the committee may, by order, (a) determine the location, height and materials of construction of any fence; (b) determine the manner of maintenance of a fence; (c) direct the owner of a farm to construct or maintain any fence in accordance with this Act; (d) determine the proportion of costs of building and maintaining any fences and common boundaries to be borne by each of the adjoining livestock farm owners pursuant to this Act; (e) take any immediate action necessary including, but not limited to, the removal and boarding of livestock if it is determined there is a risk to the public, the livestock or property. (4) Livestock removed pursuant to clause (3)(e) shall be returned only after the proper fences are constructed or maintained to the standard determined by the committee. (5) Where any person fails to construct or maintain a fence or contribute to the costs of a fence after having been directed to do so by an order of the committee pursuant to this Section, the committee may cause the work so ordered to be done and, for that purpose, its agents and workers may enter upon any land and the costs shall be paid by the municipality in which the lands in respect of which the order was made are located and, where the person is the person assessed for the property on which the work is done, the costs paid by the municipality are a first lien on the property and may be collected in the same manner as municipal taxes. (6) The costs incurred by a municipality with respect to any action taken pursuant to clause (3)(e) or subsections (4) or (5), including, but not limited to, the costs of constructing or maintaining fences performed by the municipality or its agents, the removal, boarding, sale of or returning of any livestock, may be recovered from the owner of the livestock by action initiated by the municipality in a court of law. 2002, c. 1, s. 12. Title not affected 7 Subject to the lien referred to in subsection 6(5), nothing in this Act shall be construed to affect the title to the lands on which fences are erected. R.S., c. 166, s. 7; 2002, c. 1, s. 13. Appeal from committee 8 Every person aggrieved by a decision of the committee made pursuant to subsections 6(3), (4) or (5) or any order or direction made by the committee may appeal to the Supreme Court of Nova Scotia and the decision of the court is final. 2002, c. 1, s. 14. STRAY LIVESTOCK Detention and sale of stray livestock 9 (1) Whenever any livestock strays onto .the lands of a person and the ownership of the livestock is unknown, such person may detain the livestock. (2) If not claimed by the owner within forty-eight hours, a person detaining stray livestock shall forthwith transmit to the municipal clerk an adequate description of the livestock that will enable the owner to recognize it together with an indication of the time and place of finding and the place where the livestock is detained. (3) A municipal clerk who receives the information referred to in subsection (2) shall file a notice with a description of the livestock and post a copy thereof in his office and shall place the notice and description in two advertisements at least seven days apart from each other in a newspaper of general circulation in the municipality in which the livestock is detained. (4) The last advertisement referred to in subsection (3) shall state that unless the livestock is previously claimed it shall be sold at a sale to be held after the expiration of a further seven days at the time and place indicated in the advertisement. R.S., c. 166, s. 9. Claim, sale or disposal of stray livestock 10 (1) If the owner claims the livestock before the sale, he shall (a) notify the clerk of the municipality and pay to him the cost of advertising; and (b) pay to the person detaining the livestock reasonable expenses for keeping the livestock. (2) The provisions of subsections (2), (3) and (4) of Section 9 having been complied with, the committee, by order under the hand of two or more of its members, shall direct a sale or other disposition of the stray livestock at the time and place stated under the provisions of subsection (4) of Section 9. (3) If no offers are made at the sale, or if the amount offered is not reasonable in the view of the committee, the committee shall dispose of the stray livestock in such manner as it deems fit. (4) The proceeds of the sale or disposal of the stray livestock shall be distributed by the committee having regard to the reasonable expenses incurred by the person detaining the livestock and the cost of advertising and the balance, if any, shall be retained by the municipality unless claimed by the owner of the livestock within twelve months of the date of sale or other disposition, in which case it shall be paid to the owner. (5) If any question arises between the owner of the livestock, the person detaining it or the municipality respecting ownership or expenses of keeping the livestock, any of the parties may apply to the committee who shall determine the matter. (6) Every person, who has detained stray livestock and who does not, within a reasonable time, transmit the information required under subsection (2) of Section 9 to the clerk of the municipality, is guilty of an offence and is liable on summary conviction to a penalty of not more than one hundred dollars for the stray livestock. R.S., c. 166, s. 10; 2002, c, 1, s. 15. DAMAGES Compensation for damage 11 If any damage is done by livestock breaking into and destroying the product of any enclosure the same being enclosed at the time by a sufficient fence in the judgement of the committee, the owner of the livestock trespassing shall pay to the person injured compensation for such damage. R.S., c. 166, s. it. Payment by owner 12 In any municipality or portion of any municipality in which, by any by-law, order or regulation of Such Municipality, livestock are not allowed to run at large on any public street, square or common, or other public ground in such municipality or portion thereof compensation for any damage caused or done by any livestock straying from any such public street, square, common or other public ground, while running at large, into any field or on any other improved land, being private property, whether the same is enclosed by a fence or not, shall be paid by the owner of such livestock so trespassing to the person injured. R.S., c. 166, s. 12. Appraisal of damage 13 The amount of the damage to be paid under Sections 1.1 and 12 shall be appraised by the committee. R.S., c. 166, s. 13. Action for damage 14 If the owner refuses to pay the amount appraised upon notice thereof, the person injured may maintain an action therefor as for a private debt. R.S., c. 166, s. 14. Common law preserved 15 Nothing in this Act shall be construed to impair the right of action under the common law for damages occasioned by livestock breaking into lands. R.S., c. 166, s. 15. 16 to 18 repeated 2002, c. 1, s. 16. GOVERNOR IN COUNCIL Designation of municipality 19 The Governor in Council may designate a municipality as a municipality for the purposes of this Act upon being so requested, in writing, by that municipality addressed to the Minister. R.S., c, 166, s. 19; 2002, c. 4, s. 17. Other statutes 20 The Fences and Impounding of Animals Act does not apply to any municipality that is designated by the Governor in Council pursuant to Section 19 to be a municipality for the purposes of this Act. R.S., c. 166, s. 20; 2002, c. 1, s, 18. Appendix F — Domestic Animal By-law Approved by Municipal Council on August 3, 1999 EFFECTIVE DATE OF BY-LAW — AUGUST 11, 1999 MUNICIPALITY OF THE DISTRICT OF LUNENBURG DOMESTIC ANIMAL BY-LAW Definition 1.. In this By -Law unless the context otherwise indicates: (a) "C A.O." means Chief Administrative Officer of the Municipality of the District of Lunenburg. (b) "Municipality" means the Municipality of the District of Lunenburg. (c) "Municipal Staffmeans means the C.A.O. of the Municipality or a person appointed by the C.A.O. to act on the C.A.O.'s behalf for the purposes of the By -Law. (d) "Owner" of a domestic animal includes any person who possesses, has the care of, has the control of or harbours a domestic animal, and, where the person is a minor, includes a person with the custody of the minor. (e) "Domestic animals" means animals other than "dogs" as that term is defined in the Municipal Dog By-law, and cats, and includes cattle, horses, ponies, mules, sheep, swine, goats, ducks, geese and domestic fowl. [amended January 10, 2006/ Animal Control 2. The C.A.O. and Municipal Staff will be responsible for the enforcement of the By -Law. Responsibility of 3. (a) Any domestic animal which is off the premises Owner — Control of its owner without being under the apparent restraint or control of some person shall be deemed to be running at large for the purposes of this By -Law. (b) Any person who contravenes this section is liable on summary conviction to fine of not less than One Hundred Dollars ($100.00) and not more than Five Thousand Dollars ($5,000.00) and in default of payment to imprisonment for a period not exceeding thirty (30) days. 2 Offences 4. (1) The owner of a domestic animal: (a) which runs at large contrary to this By -Law; or (b) which is fierce or dangerous, or (c) which without provocation has attacked or injured any person; is liable of an offence and liable on summary conviction to a fine of not less than One Hundred Dollars ($100,00) and not more than Five Thousand Dollars ($5,000.00) and in default of payment to imprisonment for a period not exceeding thirty (30) days. (2) Any person who keeps or possesses a fierce or dangerous domestic animal is liable on summary conviction to a fine of not less than One Hundred Dollars ($100.00) and not more than Five Thousand Dollars ($5,000.00) and in default of payment to imprisonment for a period not exceeding thirty (30) days. (3) For purposes of this By -Law, a domestic animal that is fierce or dangerous means any domestic animal: (a) (i) that, in the absence of a mitigating factor has attacked or injured a person; (ii) that, in the absence of a mitigating factor has injured a domestic animal. Impounding 5. (a) The C.A.O. or Municipal Staff may, without notice to or complaint against the owner, impound any domestic animal that: (i) runs at large contrary to this By -Law, or (ii) is fierce or dangerous. (b) The owner of a domestic animal which has been impounded., upon proof of ownership of the domestic animal, may redeem the domestic animal after payment to a Pound Keeper of those expenses incurred in impounding and boarding the domestic animal. (c) Any domestic animal which has not been redeemed by its owner at the expiry of a period of seventy-two (72) hours after being impounded, may be either sold or killed by the Pound Keeper and, if sold, the proceeds shall be paid to the Municipality. (d) Notwithstanding Section 5(c), the Pound Keeper shall not sell a domestic animal which is fierce or dangerous. (e) Notwithstanding Section 5(c), whenever the seventy- two (72) hours of impounding time expires on a weekend, the Pound Keeper shall hold such domestic animal -until the expiry of the first business day following the weekend to permit the owner to redeem the domestic animal. (f) Upon any domestic animal being impounded, the Pound Keeper shall attempt to contact the owner of the domestic animal. 1, Doug Quinn, Clerk of the Municipality of the District of Lunenburg, do hereby certify that the foregoing is a true copy of a By -Law passed by the Municipal Council of the Municipality of the District of Lunenburg at a duly held meeting and convened on the 3d day of August, A.D., 1999. DATED at Bridgewater, Nova Scotia, this 3'd day of August, A.D., 1999. DOUG QUINN CLERK Appendix G — Dog Control By-law A BYLAW RESPECTING DOGS (Consolidated Copy- Amendments to Dec. 12, 2006) Preamble WHEREAS it is the intent of this Bylaw to deal with dogs running at large, dogs that are fierce and dangerous, and dogs that persistently bark; AND WHEREAS it is not the intention of the provisions of this Bylaw which deal with persistently barking dogs to prevent what would be reasonably considered to be normal barking or to prevent the responsible operation of kennels which have taken reasonable steps to limit or control the amount of noise emanating therefrom. Short Title 1. This Bylaw shall be known and may be cited as the "Dog Bylaw". 2. In this Bylaw unless the context otherwise indicates: Definitions (a) "clerk" means the Municipal Clerk for the Municipality; (b) "coyote" means the animal commonly known as "Canis Latrans"; (c) "coyote hybrid" means any animal resulting from the breeding of a coyote with a domestic dog or the breeding of a coyote of its offspring with a domestic dog, and includes the offspring resulting from the breeding of a coyote hybrid with another coyote hybrid; (d) "dog" means any dog, male or female, or any animal that is the result of the breeding of a dog and any other animal and shall include coyote, coyote hybrid, wolf, and wolf hybrid; (e) "dog control officer" means the person appointed as dog control officer by the Municipality and approved by the solicitor -general pursuant to section 44 of the Police Act, R.S.N.S., 1989, c. 348; (f) "deputy registrar" means a deputy registrar appointed under the provisions of this Bylaw; (g) "fierce or dangerous dog" means any dog which has bitten a person or animal in a manner dangerous to that person or animal, without provocation; [amended Dec. 12, 2006] (h) "Municipality" means the Municipality of the District of Lunenburg; (i) "ordinarily resident" means ordinarily resident as defined by subsection (7) of Section 5; "owner" of a dog includes any person who possesses, has the care of, has the control of or harbours a dog and, where the person is a minor , includes a person with the custody of the minor; (k) "peace officer" means a police officer, police constable, or other person employed for the preservation and maintenance of the public peace; (1) "wolf' means the animal commonly known as "Canis Lupus"; (m) "wolf hybrid" means any animal resulting from the breeding of a wolf with a domestic dog or the breeding of its offspring with a domestic dog, and includes the offspring resulting from the breeding of a wolf hybrid with another wolf hybrid; A BYLAW RESPECTING DOGS Page 2 (n) "persistently barking dog" means: (i) other than a dog at a kennel, a dog that, unprovoked, barks, howls, or otherwise makes noise, persistently and for a prolonged period, in such a manner that disturbs the quiet of the neighbourhood; or (H) a dog at a kennel that, unprovoked, barks, howls or otherwise makes noise, persistently and for a prolonged period in such a manner that disturbs the quiet of the neighbourhood, except where the operator of the kennel -has taken all reasonable steps to control and limit such noise, including all reasonable sound abatement, modifications or procedures recommended by the Municipality. (o) "kennel" means a facility for the boarding and/or breeding of dogs operated commercially and assessed for taxes as a commercial property. Kennels 3. The owner of a Kennel of pure-bred dogs, that are registered with the Canada Kennel Club may, in any year, pay a fee set by Council by recorded resolution as a fee upon the kennel for that year and upon payment of such amount, the owner of the kennel is exempt from any further fee in respect to dogs for that year. Deputy Registrar 4. The Council may appoint Deputy Registrars of Dogs as issuers of tags and licenses and shall pay such Deputy Registrars as amount to be determined from time to time. Registration 5. (1) (a) Subject to subsection I (b), the owner of a dog shall registrar each dog with the Clerk, Dog Control Officer or Deputy Registrar of Dogs, on or before the first day of April in each year. Upon registration the owner of a dog shall pay a registration fee of $13.00 for each neutered dog and $25.00 for each unneutered dog. A Certificate from a veterinarian shall be provided to the Clerk, Dog Control Officer or Deputy Registrar of Dogs for proof of neutering. The fee herein described shall be payable on or before the first day of April in each year. (b) Provided, however, if an owner of a dog provides a certificate from a veterinarian, or if the Dog Control Officer is satisfied, that the dog is either too young or too old to be neutered, the registration fee for such dog shall be the fee for a neutered dog. (c) Provided, however, if an owner of a dog, who has received notice from the Dog Control Officer or a Deputy Registrar of Dogs, that he A BYLAW RESPECTING DOGS Page 3 must register his dog within thirty (30) days after the due date of dog taxes or thirty (30) days after the demand for dog tax, whichever is later, and if he pays the registration fee as required by this Bylaw and within the time limits stated herein, he shall receive a discount of $5.00 for each dog registered and licensed. (2) The owner of a dog who has become owner thereof after the first day of April and which dog is not registered in his name with the Clerk, Dog Control Officer, or a Deputy Registry of Dogs, shall, within one (1) week after he has become the owner, register the dog and pay the registration fee. (3) A registration fee paid at any time after the first day of April shall be the same amount as the registration fee required to be paid on or before the first day of April notwithstanding that it is for only part of a year. (4) Registration made and fee paid after the first day of April shall be effective until the thirty-first day of March next following the making and payment thereof. (5) A dog that is trained to assist and assists a person with a disability is exempt from any registration fee. (6) Subsections (1) and (2) of this section shall not apply to an owner of a dog who is not ordinarily resident within the Municipality of the District of Lunenburg, and whose dog is registered or licensed where that person is ordinarily resident. (7) The place where a person is ordinarily resident is: (a) if a the person is a married person; ( i) at the place where his family lives and sleeps and to which, when away, he intends to return, or (ii) if he is living apart from his family with the intent to remain so apart from it, then at the place where he usually lives and sleeps and to which, when away, he intends to return, without regard to where he takes his meals or is employed; and (b) if the person is not married, at the place where he usually lives and sleeps, and to which, when away, he intends to return, without regard to where he takes his meals or is employed or where his family lives and sleeps. A BYLAW RESPECTING DOGS Page 4 Records 6. The Clerk, Dog Control Officer, or Deputy Registrars of Dog shall keep a record of every dog registered, showing the date and number of registration and the name and address of the owner. The owner shall furnish this information to the Clerk, Dog Control Officer, or a Deputy Registrar of Dogs at or before the time of registration. Tags 7. (1) The Clerk, Dog Control Officer or a Deputy Registrar of Dogs shall supply the owner with a tag for each dog registered with the number and year of registration subscribed thereon, and the owner of every registered dog shall keep on such dog a collar with the tag attached thereto. (2) A tag may be removed from a dog temporarily when the dog is being lawfully used for hunting purposes. (3) If an owner files with the Clerk a Statutory Declaration that a tag has been lost, the Clerk may replace the tag that has been lost upon payment by the owner of a fee to be set by recorded Resolution. Sale of Dogs 8. (1) Any owner, including the owner of a kennel of pure-bred dogs, which are registered in the Canada Kennel Club, shall report to the Clerk, Dog Control Officer, or a Deputy Registrar of Dogs, the sale or transfer of such dogs, the name and address of the person to who it was sold or transferred and the number of the registration as shown on the tag issued by the Clerk. Transfer (2) The Clerk, Dog Control Officer, or a Deputy Registrar of Dogs shall transfer the registration of such dog to the new owner thereof on payment of the amount by which the registration fee on the dog to the new owner thereof on payment of the amount by which the registration fee on the dog to the new owner would exceed any registration fee paid on the dog that year by the previous owner or in any other case, without charge. Offences 9. (1) The owner of a dog: (a) which runs at large contrary to this Bylaw; or (b) which is fierce or dangerous, or (c) which without provocation has attacked or injured any person, or (d) which is a persistently barking dog, or (e) other than a dog that is trained to assist and is assisting a person with a disability, which fails to remove the dog's defecation from public property or private property other than the owner's, unless the owner is denied access by a property owner, [amended Dec. 12, 2006] A BYLAW RESPECTING DOGS Page 5 is guilty of an offence and liable to a penalty not exceeding one thousand dollars ($1,000) and in default of payment to imprisonment for a term not exceeding thirty (30) days, (2) Any person who keeps or possesses a fierce or dangerous dog is guilty of an offence and liable to a penalty not exceeding one thousand dollars ($1,000) and in default of payment to imprisonment for a term not exceeding thirty (30) days. (3) Any person who keeps or possesses a persistently barking dog is guilty (2) The Dog Control Officer or any Peace Officer may, without notice to or complaint against the owner, impound dogs that are fierce or dangerous. Fierce or dangerous dogs which have not been redeemed in accordance with the provisions of this Bylaw shall be destroyed by the Dog Control Officer or licensed veterinarian. (3) Any Peace Officer or Dog Control Officer shall follow the specified procedure before impounding a persistently barking dog, (Procedure approved by Council - see attached). of an offence. To Be Kept Under (4) No dog shall be permitted to leave the premises of its owner unless it is Control under effective restraint and control. 10. (1) Any Peace Officer or Dog Control Officer may, without notice to or Fierce and complaint against the owner, kill a dog which is fierce or dangerous that Dangerous Dogs is off of the owner's property. (Procedure approved by Council - see attached). (2) Any Peace Officer or Dog Control Officer shall follow the specified procedure to impound or destroy a fierce or dangerous dog located on the owner's property. (Procedure approved by Council - see attached). Impounding and 11. (1) The Dog Control Officer or any Peace Officer, may without notice to or Destroying complaint against the owner, impound any dogs and then sell or otherwise dispose of any dogs in accordance with the provisions of this Bylaw, i) that run at large contrary to this Bylaw; ii) in respect of which the fee or tax imposed by this Bylaw has not been paid; or (iii) that are rabid, or appear to be rabid or exhibiting symptoms of canine madness; or (iv) is a persistently barking dog". (2) The Dog Control Officer or any Peace Officer may, without notice to or complaint against the owner, impound dogs that are fierce or dangerous. Fierce or dangerous dogs which have not been redeemed in accordance with the provisions of this Bylaw shall be destroyed by the Dog Control Officer or licensed veterinarian. (3) Any Peace Officer or Dog Control Officer shall follow the specified procedure before impounding a persistently barking dog, (Procedure approved by Council - see attached). A BYLAW RESPECTING DOGS Page 6 Redeeming of Dogs 12. (1) The owner of any dog, not registered which has been impounded, may Unregistered and upon proving their ownership thereof, and the payment to the Clerk, Dog Unlicensed Control Officer or a Deputy Registrar of Dogs of the registration and the boarding or any other fees, may redeem their dog. (2) Any dog which is injured, sick or otherwise in need of medical care when apprehended by the Dog Control Officer shall receive basic treatment so that life is not endangered and that pain is reduced consistent with humane principles. (3) Such costs shall be recovered from the owner before the dog is released to him or from the purchaser if the dog is sold. (4), If the dog is not released to its owner, or sold, the cost of such treatment may be recovered as a debt from the owner, if known. Sale of Dogs 13. (1) Any dog which has not been redeemed in accordance with Section 12 at the expiration of forty-eight (48) hours after the time of the impounding of the dog, shall be offered for sale for a period of forty-eight (48) hours and may be sold within that period by the Dog Control Officer for a sum not less than twenty dollars ($20). (2) Any person resident within the Municipality purchasing an unregistered dog from the Dog Control Officer shall register the dog before taking him from the pound. (3) Any dog which has not been redeemed in accordance with Section 12 or sold in accordance with Section 13 (1) at the expiration of ninety-six (96) hours after the time of the impounding of the dog, may be transferred to an animal shelter if the Dog Control Officer is of the view that another home could be found for it, and if not so transferred shall be destroyed by the Dog Control Officer or a licensed veterinarian. Impounding 14. (1) Where a dog has been impounded and that dog has a current year tag Registered Dogs affixed to its collar, then the Dog Control Officer shall notify the owner by registered mail that their dog is impounded outlining the conditions by which the owner has the right to redeem their dog. (2) The owner of any registered dog which has been impounded, upon proving their ownership, and upon the payment to the Clerk, Dog Control Officer, or Deputy Registrar of Dogs of the boarding and any other fees, may redeem their dog. A BYLAW RESPECTING DOGS Page 7 (3) Where the registered owner of a registered dog which has been impounded fails to notify the Dog Control Officer of his intention to redeem the dog and pay the boarding fees or notifies the Dog Control Officer and refuses to pay the boarding fees, then at the expiration of ninety-six (96) hours after the time of posting of the letter, the dog shall be offered for sale for a period of forty-eight (48) hours and may be sold within that period by the Dog Control Officer for a sum not less than deliver in writing a statement of the number of dogs owned or harboured, or that are habitually kept upon the premises occupied by the owner. (b) The owner of a dog who neglects or refuses to provide a statement required in subsection (a) within the ten days after having received notice requiring it to be provided is guilty of an offence under this Bylaw. twenty dollars ($20). Penalty 15. (1) Every owner who neglects to register his dog or neglects to keep a tag securely fixed on his dog, excepting while the dog is being lawfully used for hunting purposes, or who uses a tag upon a dog other than for which it was issued, shall be liable to a penalty of: i) for a first offence to a fine of not less than One Hundred Dollars ($100); (ii) for a second offence to a fine of not less that Two Hundred Dollars ($200); (iii) for each subsequent offence to a fine of not less than Three Hundred Dollars ($300). Order for Payment (2) Upon conviction for a violation of Subsection (1), in addition to any of Registration and penalty imposed under Subsection (1), a justice or magistrate may order License Fees the defendant to pay the fee for the registration of his dog and in default of payment, to be imprisoned for a period not exceeding twenty (20) days. Upon payment of the fee for registration, the defendant shall receive a dog tag if otherwise entitled thereto. (3) Subsection (1) and (2) shall not apply to an owner of a dog who is not ordinarily resident within the Municipality of the District of Lunenburg. 16. (1) (a) The Clerk or Dog Control Officer may require the owner of a dog to deliver in writing a statement of the number of dogs owned or harboured, or that are habitually kept upon the premises occupied by the owner. (b) The owner of a dog who neglects or refuses to provide a statement required in subsection (a) within the ten days after having received notice requiring it to be provided is guilty of an offence under this Bylaw. A BYLAW RESPECTING DOGS 17. Any person who violates any provision of this Bylaw for which no penalty is expressly provided heretofore, shall be liable on conviction to a penalty not exceeding two hundred and fifty ($250) dollars, and in default of payment to imprisonment for a period not exceeding thirty (30) days. Repeal 18. Chapter VI of the Bylaws of the Municipality of the District of Lunenburg, "Dogs", as approved by the Minister of Municipal Affairs on May 24, 1977, and amendments thereto, is hereby repealed and this Bylaw substituted therefore. A BYLAW RESPECTING DOGS Page 9 The Dog Control Officer. shall immediately upon receiving a complaint of a dangerous or fierce dog shall go to the site to investigate. 2. The Dog Control Officer shall determine whether the dog is dangerous or fierce: A dog shall be considered to be dangerous or fierce if it has: without provocation has attacked or injured any person or animal. [amended Dec. 12, 2006] Dog Off Owner's Property 3. If the Dog Control Officer is satisfied that a dog is fierce or dangerous and is running at large, off the owner's property, the dog shall be impounded and destroyed. Dog On Owner's Property 4. If the Dog Control Officer is satisfied that a dog is fierce or dangerous and is not running at large, or is on the owner's property, the Dog Control Officer shall immediately attempt to contact the dog's owner to determine if the owner will promptly have the fierce and dangerous dog destroyed. If the owner cannot be immediately contacted or will not have the fierce or dangerous dog promptly destroyed, the Dog Control Officer shall immediately initiate the following process to obtain a warrant from a Provincial Court Judge to enter upon the owner's property and impound the dog. (a) The Municipal Office shall be advised of the necessity of obtaining a warrant. (b) The Dog Control Officer shall prepare a report setting out the name of the complainant, the dog owner's name, the nature of the complaint, names of any witnesses and any other relevant information. (c) The Municipal Solicitor shall than be contacted to take whatever action is necessary to obtain the warrant. 5. Once a warrant has been obtained, the Dog Control Officer, accompanied by an RCMP Officer, shall go to the dog owner's premises and impound the dog. A BYLAW RESPECTING DOGS Page 10 DOG BYLAW PROCEDURE !-OR THE KILLING OF FIERCE OR DANGEROUS DOGS Page 2 Undetermined Status 6. If the Dog Control Officer cannot conclude that a dog is fierce or dangerous, the Dog Control Officer shall report his findings to the Municipal Office for further instructions. Approved at June 11, 2002 Council Meeting A BYLAW RESPECTING DOGS Page 11 r r• , � � r i�� r r Upon receipt of a complaint about a persistently barking dog, the Dog Control Officer shall go to the site to investigate. 2. The Dog Control Officer shall determine whether the dog is persistently barking, howling or otherwise making sounds so as to disturb the quiet of the neighbourhood. The Dog Control Officer can make this determination by personal observation and/or by contacting the complainant and sufficient other neighbours to obtain information so as to satisfy the Dog Control Officer that a dog was persistently barking at the subject property or location. 3. If the Dog Control Officer determines that a dog is persistently barking, the Dog Control Officer shall contact the dog's owner, the property owner, or the person having care and custody of the dog, to advise of the complaint and the determination that the dog has been deemed to be persistently barking by the Dog Control Officer. The Dog Control Officer shall issue a written warning to the dog's owner by registered mail. 4. When a second complaint about a dog persistently barking at the subject property or location is received, the Dog Control Officer shall again investigate. If the Dog Control Officer confirms that a dog is again persistently barking at this location, the Dog Control Officer shall issue a Summary Offence Ticket to the dog's owner. 5. On the third and any subsequent occasion when a complaint about a dog persistently barking at the subject property or location is received, or the Dog Control Officer makes a follow-up inspection, and the Dog Control Officer confirms that a dog is again persistently barking at the same property or location, the Dog Control Officer shall impound the dog and issue an impoundment notice. 6. On the fourth and any subsequent occasion when the Dog Control Officer determines either from a complaint or by personal observation that a dog is again persistently barking at the same property or location, in addition to the Dog Control Officer impounding the dog, the Dog Control Officer shall issue a Summary Offence Ticket to the owner. Approved at June 11, 2002 Council Meeting MUNICIPALITY OF THE DISTRICT OF CHESTER BRAND, IMAGE AND STRATEGY NOVEMBER 19,2015 Prepared for Marianne Gates, Senior Economic Development Officer Municipality of the District of Chester Prepared by Adam MacKenzie President, Creative Director, Sperry Design Inc. 3.3 Appt. at 10:15 a.m. Suite PB 501, Historic Properties, ...Design 1869 Upper Water St, Halifax, NS B3J 1S9 y (902) 482 2520 L3r�ri�jng to if info@sperrydesign.ca I wwwsperrydesign.ca OVERVIEW DOMINANTTHE It is important to consider Nova Scotia as a dominant brand before defining The Municipality of the District of Chester and what it has to offer. When people think of Nova Scotia several distinct images come to mind. Those images occupy a specific space in people's minds. That association is the Nova Scotia brand. Generally, people immediately think of the ocean, the Bluenose schooner, lobster and seafood, Peggy's Cove, lighthouses in general, the people, their character and warmth, and the relaxed pace of life. People want to visit or live in Nova Scotia largely because they want to experience the brand promise that Nova Scotia offers. This brand promise is also real to the people that live here. You can think of a brand having gravitational pull. The more emotionally connected you are to a brand, or the more desirable the brand is, the more you are drawn toward it. Like products and services, this also holds true for destinations and places. Emil, MIMMA A Dominant Brand can often extend itself into sub -brands to meet even more specific needs. Think of Ford as a dominant brand, then from that dominant brand comes its sub -brands such as: Ford Taurus, Ford Fiesta or Ford Edge. Ford has a diverse lineup to meet the diverse needs, wants and lifestyles of its customers. In much the same way, the Nova Scotia brand offers several sub - brands or regions that showcase the diversity of the province. This includes regional assets and experiences offered to existing / potential visitors and residents. Once you subscribe to the Nova Scotia dominant brand, you then have options, or sub -brands, that can deliver different experiences based on the various regions in the province. For example, you have the Halifax experience. Generally speaking, you can envision the city, its sites, the waterfront, shopping, restaurants, and amenities. Cape Breton conjures images of the Cabot Trail, The Highland National Park, music and Celtic culture. The Valley makes you think of apples, wine, food, Grand Pre, and the Bay of Fundy. Last, but not least, people think of Nova Scotia's South Shore. It offers beaches, sailing, lobster, Peggy's Cove, artisans, Oak Island, pirates and privateers, rum, rest and relaxation. 2 Brand, Image and Strategy .. Design Municipality of the District of Chester Im gir�j (,)ids BRAND HIERARCHY DOMINANT A CHARACTERISTICS Nova Scotia Ocean Lobster and seafood Peggy's Cove Bluenose Lighthouses Fisherman The People / Character South Shore Halifax The Valley Cape Breton Beaches City Apples CB Highlands NP Sailing Waterfront Agriculture Cabot Trail Lobster Shopping Grand Pre Music Peggy's Cove Restaurants Wine/Vineyards Celtic/Scottish culture Arts & Crafts Universities Artistic People Links Golf People/Personality Spring Garden Rd. Gardens Glenora Distillery Oak Island (Mystery) Citadel Hill Port Royal Salmon Fishing When you look a little closer, you see that The Municipality of the District of Chester is the embodiment of the South Shore. It more or less has all the of the South Shore's offerings. Liverpool, Yarmouth and Mahone Bay may claim some of these things, but not all of them. Chester has them all. This sentiment was expressed repeatedly by your residents during our discovery process. "The Municipality is a perfect slice of Nova Scotia — highlighting all the best parts — sea, coastline, heritage, beauty, farmlands, culture, and wonderfully warm and friendly people." "It's a beautiful place on the ocean where people are talented and kind. The scenery is beautiful and the food and shopping are local." People are not interested in what you are. You are a municipality. There are lots of Municipalities in Nova Scotia. They are interested in why. Why would they choose to live, work, visit or play in MODC? That is the real question. Why would someone buy an iPhone versus an Android? Why would someone buy Dodge Ram versus a Ford F 150? People buy one thing over another because of how it makes them feel. It deals with the benefits, pleasure and experience one gets from a product, service or destination. Understanding "why" is essential to knowing how to communicate "how" and "what" you do. 3 Brand, Image and Strategy .. Design Municipality of the District of Chester Im gir�j (,)ids Municipalities brand themselves to enhance municipal pride and build business confidence and economic prosperity. The County of Annapolis hired us to unearth its brand and make it a logical choice for people seeking natural beauty, rich cultural and heritage and an exceptional quality of life. Essentially the County asked us to help it articulate: Why County of Annapolis? Our discovery results said that County of Annapolis was all about Scenic Natural Beauty, History & Heritage, Quality of Life, and Friendliness. Two of your core brand values have also been identified as Natural Beauty, Quality of Life / Lifestyle. In our experience, that's pretty much what everyone will say about their own community. How do you move beyond those sentiments and create a truly distinct brand story? The key is tying those sentiments into an image and story that pulls you in and creates a desire to be part of that story and experience. Branding is about tapping into that special space in people's minds that is set aside and reserved for a special experience. Sucessful branding taps into the senses. This is exactly the reason why people will leave Halifax and spend the day picking apples at an orchard and buying wine from a winery in the Valley versus just going to Sobeys and the NSLC. That's the brand's gravitational pull at work. The County of Annapolis is rooted in scenic natural beauty, rooted in heritage and history, and rooted in quality of life. Its new tagline? Naturally Rooted. Similarly, our discovery results found that the Community of Inverness, in Cape Breton, was all about Natural Beauty, Connectivity and Sense of Community. Again, it is pretty much what everyone says about their own community. Inverness' position and uniqueness, however, is different than County of Annapolis. Its lure, or emotional pull, is centered around a recreation experience. We discovered that Inverness delivers a multitude of recreational opportunities in one place that is unmatched in Cape Breton. Our client told us that although they have a new, world- class golf course and resort there, "the brand cannot be all about golf." During discovery, we objectively found that in addition to golf, Inverness offered many recreational activities and more importantly was a primary reason why so many call Inverness home. It the same reason why many who live in Inverness work out west and come home to relax and play with their families and friends. It is why so many recreation - based businesses are emerging and will continue to do so. It is why people come to Inverness. They play on the beach, the links, the trails, the horse track, on the rivers and ocean, and with the whales. The Community of Inverness has natural beauty and many diverse recreational activities within its beautiful setting. If Port Hood is where people stop to go to the beach in Cape Breton, and Mabou is where visitors go to listen to music or experience the Gaelic culture, than the Community of Inverness is where people "Come to Play". The idea of play speaks to the community's down-to-earth and playful character, its awe-inspiring natural beauty, leisurely pace of life, and endless and diverse recreational opportunities. The Play concept supports the community's key assets — i.e., Cabot Links, Harness Racing, Beautiful Beach, Boardwalk, Sunsets, Fishing, Kayaking, Whale Watching, and Festivals. While it is true that many of these activities can be found throughout Cape Breton Island (i.e., golf courses), what sets the Community of Inverness apart is that most, if not all, of these activities are key assets that can be enjoyed right there — all in one place. 4 Brand, Image and Strategy .. Design Municipality of the District of Chester Im gir�j (,)ids Your Terms of Reference stated that The Municipality of the District of Chester (MODC) is strategically located between Halifax and Bridgewater. The area is known as the gateway to the South Shore and is easily accessed from Halifax. It is a geographically diverse rural / urban(ish) community that is home to approximately 11, 000 people. MODC boasts much sought after natural environments and landscapes, such as ocean and lakeside waterfront, tracks of farmland and forested areas as well as an abundance of amenities and services. That is WHAT you are. MODC desired a unique and relevant brand, image and strategy to support its strategic goal of fostering economic prosperity. To that end, MODC issued an RFP to partner with a strategic brand design team to develop a unifying message that will produce tangible increases in commercial and industrial activity, economic development, and tourism and community pride. In other words, WHY MODC? In order to answer WHY, we need to: • Distinguish you • Reinforce and direct focus towards your competitive advantages • Provide you with a basis for building community pride and engagement, and • Build a foundation that would encourages other groups and associations to participate in a cohesive communications and branding effort IT IS TIME TO TAKE A LOOK AT THE RESULTS OF OUR COMBINED BRAJ, DISCOVERY EFFORTS. Many people think of community / destination branding simply as a logo with the community name and graphics. When people think of MODC, what image or feeling comes to their mind? Creating a unique and relevant tagline and brand story is the key to creating desire that lures your prospects and pulls them in. That story is critical to starting the conversation about visiting, living, working, and playing in the Municipality of the District of Chester. Knowing what other municipalities offer and how they have branded themselves give us an understanding of MODC's standpoint in the market, in relation to how other municipal districts and regional municipalities are branded and what they are known for. It's not so much about having a competitive edge (as in businesses) as it is about discovering how we can differentiate your brand story and promise from that other districts and communities. Discovery is the first step in any branding process. It gives us the overall sentiment and climate and acts as a creative starting point. Branding bridges the gap between where you are and where you should be. Crafting a unique and relevant brand story that is easily supported and understood is the next step. The story must be engaging to have lure and emotional appeal. 5 Brand, Image and Strategy .. Design Municipality of the District of Chester Im gir�j (,)ids YOUR CORE BRAND VALUES RATIONALE What words convey the essence of the your Municipality? What is MODC about? Brand values are what your residents and visitors value most about your municipality. Your values are the source from which all aspects of your brand will flow and communicate clearly. Your core values must be simple, believable, real, and understood. Natural Beauty The Municipality of the District of Chester is "a perfect slice of Nova Scotia" when it comes to natural beauty and diverse landscape. Pristine coastline, golden beaches, along with unspoiled lakes and rivers, rolling farmlands, forests and the hundreds of islands of Mahone Bay, including Oak Island and Tancook Island, are just a few of the riches that lure people to this place. Many artists reside here, inspired by the scenic beauty that surrounds them everyday. As MODC's natural beauty is of such value to residents and visitors, the municipality has taken a leadership role in preserving and keeping its natural resources safe, beginning with the installation of a large wind farm in New Ross. Lifestyle Those who live in, work in, and visit the Municipality of the District of Chester treasure the quality of life that is found here. Its laid-back, balanced, and quiet environment lets residents feel close to family, friends and neighbours. It is a close-knit and supportive community. All of the necessities and amenities, including shops, restaurants, arts & culture and recreational opportunities, that major city centres enjoy, are all found here. Plus there's the added bonus of MODC's close proximity to Halifax and Bridgewater for travel and business. With one of the lowest tax rates in the province, housing and land are affordable and available. The natural beauty and riches of MODC's many landscapes - from ocean and farmland to lakes, rivers and forests - inspire the adventurous spirit, and foster a rural feeling of peace, safety and tranquility that is worth its weight in gold. Accessibility (Location! Location!) Living, working and playing in the Municipality of the District of Chester is all about ease of accessibility and location. Despite its peaceful, simple, and rural lifestyle, the municipality and its people enjoy easy access to a wide array of services and amenities, such as local shops, restaurants, schools, cultural venues, businesses and healthcare. Residents and visitors have access to the ocean as well as the area's various lakes, rivers and trails for recreation. MODC's central location in the province is ideal for residents and visitors and makes travel and doing business easy, as the Municipality boasts close proximity to Halifax and the International Airport. MODC is also close to the Town of Bridgewater, and the Annapolis Valley. 6 Brand, Image and Strategy .. Design Municipality of the District of Chester Im gir�j (,)ids YOUR BRAND PERSONALITY RATIONALE What words best capture the Municipality of the District of Chester? In contrast to brand values, brand personality traits are a way to communicate brand values and tailor them to a specified target market. Personality should dictate the tone and attitude of your brand and how you market MODC. In your municipality's case, this is current and potential residents, visitors and businesses. What words best describe MODC? Think of your municipality as a person, what words best describe him/her? ZZU111111DIASS Friendly The Municipality of the District of Chester is a treasure trove of friendly communities, each differing from the other and offering different experiences, and scenery. The people are welcoming, community -minded, resilient, comprise a strong volunteer base, and are more than willing to help out neighbours and newcomers. There is also an open, welcoming and comfortable approach to community and business issues which MODC residents take pride in. Whether you are sailing near the Village of Chester, biking along the Aspotogan Peninsula, or admiring the fall foliage of New Ross, the friendly and warm people enhance MODC's diverse landscape, natural beauty, and rich lifestyle. Tranquil A mere 45 minutes from the hustle and bustle of Halifax, MODC is a quiet, peaceful, and a safe haven for those who value a more laid-back and rural lifestyle. People are free to enjoy cultural or recreational pursuits. MODC is the ideal place and the logical choice for those wanting to raise a family, retire, operate a business, or those who seek adventure and recreation in the form of sailing, hiking or golfing. Beautiful The natural beauty of coastline, waterways, farmlands and forest, blended with the area's rich architecture of grand homes, family farms with their red barns, and fishing wharves, makes the Municipality of the District of Chester a charming visual treasure for residents and visitors. MODC is also spacious and abundant. Significant residential and development opportunities exist. Mysterious, Fascinating, and Fun As home to the Oak Island Mystery, MODC is a mysterious, fascinating, and fun place. Locals have pride of ownership of this iconic legend. Visitors come from far and away simply because they are drawn to it. 7 Brand, Image and Strategy .. Design Municipality of the District of Chester Im gir�j (,)ids YOUR BRAND POSITION AND POSITIONING STATEMENT What does MODC have that the others don't? What will make people want to live, visit and operate a business here? Your positioning statement has to start a conversation with people and answer that question. Your positioning statement must: • define, clearly, what makes your municipality unique compared to other municipalities on the South Shore, and Nova Scotia at large, • put the MODC name and brand in the mind of existing and prospective residents, visitors and business operators/entrepreneurs, and keep it there, and • tell the story of the Municipality of Chester, its value and its benefits, to create a rapport with current and prospective residents, visitors and businesses. The Municipality of the District of Chester... is the embodiment of the South Shore. It holds all of the South Shore's offerings. Liverpool, Yarmouth and Mahone Bay may claim some of these assets, but certainly not all of them. MODC, on the other hand, has all of them. MODC is: exclusive, naturally beautiful, and convenient FOR: people SEEKING: the best of Nova Scotia in one place. In essence MODC has the greatest concentration of riches in Nova Scotia, for example: m Beaches • Farm Country • Sailing • Lobster • Peggy's Cove • Arts & Culture m People/Personality • Oak Island (Mystery) Brand, Image and Strategy .. Design Municipality of the District of Chester Imrigir�j (,)ids YOUR BRAND STORY / TAG LI N E Your Tagline is an often -repeated phrase that must be synonymous with MODC. It will often appear with your logo / brandmark. Your Tagline must communicate your big idea and creatively deliver your positioning statement (the best of Nova Scotia in one place). A tagline must be short, succinct, and catchy. It is perhaps the most important and memorable element of your brand. It is the focal point and center of your brand universe. Rationale As previously mentioned in this document, The County of Annapolis focuses on its offering of food and wine products, and experiences, along with its culture and heritage, and is therefore "Naturally rooted". The community of Inverness, in Cape Breton, plays up its laid-back lifestyle and its many diverse recreational opportunities by inviting people to "Come to play". In contrast, your municipal focus and tagline needs to communicate that MODC has the greatest concentration of riches, and the best of Nova Scotia all in one place. The greatest concentration of riches idea resonates even deeper because of the Oak Island Mystery. MODC owns this fascinating and captivating legend. People love a good story and there are few stories that can compare to that of Oak Island. Building a brand metaphor around this idea and cultural asset is mysterious, intriguing, fascinating and fun. It also directly supports the big idea of the greatest concentration of riches and exclusivity. However, unlike Oak Island, the treasures of MODC are not hidden, but accessible, easy, and there for the taking, waiting to be enjoyed by those who want to claim them. Natural Beauty, Lifestyle, and Accessibility are your core values, and are "treasured" by your people and those who visit. Within these treasures lie the gems and jewels that are exclusive to MODC, such as the ocean, its beaches, recreational activities such as sailing and golf, its friendly people, close and convenient proximity to Halifax, Oak Island, Peggy's Cove, rum, pirates and arts and culture, to name a few. Your Tagline is the focal point and center of your brand universe. It must communicate your big idea and creatively deliver your positioning statement "The best of Nova Scotia in one place" and "the greatest concentration of riches in Nova Scotia". The Municipality of the District of Chester's brand tagline is: Yours to treasure. Brand, Image and Strategy .. rr Design Municipality of the District of Chester Im gir�j (,)ids YOUR BRAND TONE OF VOICE IF THE MUNICIPALITYOF THE DISTRICT OF CHESTERWERE A PERSON, WHAT AULD HE/SHE SOUND LIKE? Your tone of voice allows you to express your values and your personality through the language you use and your tone of voice. Think of your residents. Who are they and how do they speak to one another? How do they speak to visitors? Your tone of voice dictates the tone and attitude in which you deliver your brand. It will dictate the tone and attitude for your web content, tourism initiatives and economic development. People will come to recognize your tone and attitude. It will also become synonymous with your brand. The Municipality of the District's tone of voice is: • Friendly • Confident • Welcoming • Mysterious • Fascinating • Intriguing m Fun • Dash of exclusivity io Brand, Image and Strategy .. Design Municipality of the District of Chester Im gir�j (,)ids YOUR BRAND COLOUR UR PAU ETTE WHAT ARE THE COLOURS THAT BEST REFLECT THE MUNICIPALITY OF THE DISTRICT OF CHESTER (Most popular) Blue Sky, water, rivers, and lakes Green Farms. forests. fields, trees. |awns, golf course, money, green energy, e.g. windfarm White C|uuds, boat sails, dean air, w|nd, huuses, pr|st|ne, white caps Gold Treasure The following brand imagery are mock-ups and are by no means final artwork. They have been irmcluded to illustrate the power of message and image working together to deliver your brand. Your brand imagery will only get stronger aswe begin to add your |ugo, colour, and additional details etc. 11 Brand, Image and Strategy °°° SperryDesign Mun|c|paUtyofth* D|str|ctofChester axnginumms Ull 11 Oki 0.1 OR.Al 0 103 1 a Uc]:l Okyj Yours to treasure, 12 Brand, Image and strategy ... SperryDesign Municipality of the District of Chester I mriqiri�j (,) liks 13 Brand, Image and 6tra1egy °°° SperryDesign Mun|c|paUtyofth* D|str|ctofChester axnginumlms 14 Brand, Image and 6tra1egy °°° SperryDesign Mun|c|paUtyofth* D|str|ctofChester axnginumlms 15 Brand, Image and 6tra1egy °°° SperryDesign Mun|c|paUtyofth* D|str|ctofChester axnginumlms Committee oPthe Whole (continued November 19, 2015 411 MOTIONS REQUIRING APPROVAL OF COUNCIL I Z/. / 2015-467 Approval of October 22, 2015 Committee of the Whole Minutes 2015-468 DIRECTION TO STAFF TO PREPARE FOR ELECTRONIC VOTING MOVED by Councillor Connors, SECONDED by Armstrong that the Committee of the Whole recommend to Municipal Council that Municipal Council direct staff to prepare for Council's review and approval and Electronic Voting By-law to enable the use of E -Voting and Telephone Voting for the Advance Polls in 2016; and further that staff be directed to investigate the Bulk Purchasing of E - Voting Services being arranged by the Association of Municipal Administrators and led by Halifax Municipality. A recorded vote was requested: IN FAVOUR: Councillor Veinotte, Councillor Church -Cornelius, Councillor Connors, Councillor Armstrong, and Warden Webber. NOT IN FAVOUR: Deputy Warden Shatford, Councillor Myra CARRIED. 2015-469 CONVERSION OF CHESTER BASIN DECORATIVE STREETLIGHTING MOVED by Councillor Church -Cornelius, SECONDED by Deputy Warden Shatford that the Committee of the Whole recommend to Municipal Council that Municipal Council approve the completion of all the work for a full conversion of the Chester Basin decorative sidewalk lighting to LED and associated repairs using the surplus in the account as outlined by the Director of Finance. CARRIED. 2015-470 In Camera - Contract Negotiations (22)(2)(e) and Land Negotiations (22)(2)(a). 2015-47.1 Adjournment NOVA SCMIA Municipal Affairs Office of the Minister PO Box 216, Halifax, Nova Scotia, Canada B31 2M4 - Telephone 902 424-5550 Fax 902 424-0581 - novascotia.ca EIMENSIM11 Rovivx,,d by Ms. Pamela Myra Clerk Municipality of the District of Chester PO Box 369,151 King Street Chester, NS BOJ 1 JO Ms. Myra: V I want to take a moment to thank you for your letter of September 14, 2015, in relation to the proposed changes to the Municipal Elections Act I appreciate the concerns raised by the Municipality's Returning Officer and presented to Council. They will be taken into consideration as the process moves forward. Please do not hesitate to contact me with any further comments or concerns. Sincerely, IA 4/ Zach Churchill Minister MUNICIPALITY OF THE DISTRIcr u CHESTER September 14, 2015 Honourable Zach Churchill Minister of Municipal Affairs PO Box 216 HALIFAX NS B3) 2M4 Dear Minister Churchill: 1,5 King PO Box 69, ( nester, NS B0J 1J'0 Telephone: 902-27>"i•3554 Facsimile: 902-275-4771 eniail: pymar r -,ter ca RE: 2015-388 Recently Council of the Municipality of the District of Chester reviewed the information provided from your Department with regard to the proposed changes to the Municipal Election Act. Further to a review of the information, the following motion was approved on September 10, 2015 advising staff to submit comments presented by the Municipal Returning Officer to the Minister of Municipal Affairs regarding the proposed changes as follows: 1. Change the residency requirements for qualified electors for both municipal and school board elections. Council sees no merit to a change simply to be consistent with Provincial requirements unless it is an actual improvement at the Municipal level. The residency requirement for Municipal elections is intended, we believe, to establish that the person has a real connection to the local Municipality and has had an opportunity to develop an understanding and a knowledge of local issues prior to casting a vote. A person resident within a distant part of the Province For the six month period, who moves to a Municipality just before the Election, would have little or no time to become informed of local issues but would be eligible to vote. If we have any concern at all about voters being informed about local issues and candidates before voting, then this would seem to be a step backward. On a Provincial level, one could easily see that a person residing anywhere within the Province for the six month period, should be entitled to vote in a Provincial election since Provincial issues tend to affect the whole Province wherever the person might be resident. This proposed change also has relevance with the proposed changes to the voters' list and the ability to be sworn in as well. 4. Amend the timing of production of the voters' list. This is a rather radical proposal in that it would in effect mean that there is no final voters' list until after the Election. Council is insure of what the purpose would be in having a final voter's list after an Election. Further, Council is unsure of how you could say that the list would be more accurate prior to the Election since it would never be in any hind of final form and would be constantly changing. The current concept is that there isa final voter's list prior to Election date based on the minimum residency requirement with %YWWIYsfiwFMM'. sF`.'5.YA150f a' }#.t�'�5..'.;:?'J.'ie.br;4"�. ?Ao# G'SNw T4N7.+ !i!..r „¢YtiW.s>:Atl,.&e #YDn`'7 Af?.Yr4Y�i.Sk4J �YBkNd r.`.(Alta•^?:AAir.,G4�.:v:.&rf "f?CA%Y4K3}iEifY ,".`.y5S4 ..,/.,,.Cr bui.Ypr.3NUY5U'.rfN?flk�5�'SCfY2YRifY A.�kf}:6t.'A.K'UI£1^tiefCf93f..r,: Office of the CAO and Municipal Clerk Minister tach Churchill September 14, 2015 Page 2 revisions done thereafter tip to and including the Election Day. The final Voters' list is the basis for sending out voters' cards, pin numbers and giving public notice for revision purposes, Council would still want to use the voters' list for that purpose but there would always have to be a voter's list as of a particular date which we do not know, at this point, what that would be, 5. Permit electors to take an oath when they do not have proof of identify and address. Being able to provide ID is essential to almost everything we do today. For Elections, it has been used for two purposes. One is to identify the person themselves, the other has been to show an address where they are eligible to vote which is where problems may have arisen, ID to establish residency has been problematic and Council has no difficulty in getting away from that. However, ID to establish the identity of the person, is an important component of adding a person to a voter's list or having them sworn in on Election Day. An alternative is, if the person had no ID, to have someone who either had ID or is on the voters' list vouch for that person, If there is no ID requirement and it is not necessary for someone to vouch, then we would be taking an oath from a person who give poll workers a name and other information with absolutely no means ever of verifying that that information is correct. That same person could go to other Electoral Districts, give different information, on the same basis and there would never be any way of cross referencing It to find out that the same person has voted more than once, just because voter fraud has been relatively rare, may be more a factor of the fact that we have had strict rules regarding the integrity of the vote as opposed to the inherent honesty of people. 6. Prohibit taking a photograph of a ballot with an electronic device, Given that there are virtually no rules governing secrecy of the ballot when e -voting, a prohibition on taking a photograph of a paper ballot seems rather meaningless. Right now, all of the rules regarding voting procedures deal with voting by paper in a traditional voting station and this proposed change makes sense in that context. However, when you consider that people can vote electronically through a computer or by telephone and there appear to be no rules regarding secrecy of that process, then one has to wonder why they are so concerned if a person voluntarily chooses to make their paper ballot vote publicly known. If one type of voting has to be kept secret, then one would wonder by the other type does not as well. On behalf of Council, thank you for considering these suggestions. We look forward to hearing from your department. Sincerely, Pamela Myra Municipal Clerk Warden Allan Webber Municipality of the District of Chester 151 King Street, PO Box 369 Chester, NS BOJ 1J0 Dear Warden Webber, Copy to . ---- - P,a 169 Y� if er 10, 2015 Another fall is upon us, and with the change in season comes South Shore Public Libraries annual Adopt -A- Book campaign. Each year we ask our patrons to contribute to this fundraising campaign so we can buy new library materials, and each year we receive tremendous support. Over the last twenty-five years, the support of generous donors has enabled us to add thousands of books and other items to the collection, in a variety of formats! Additions to the Library's collection are vital. They enable the Library to maintain a current, popular collection — something our borrowers both demand, and deserve. The annual fundraiser helps us meet this need, but we are just as excited to showcase the materials in library branches that our Municipal funders generously provide: Margaret Hennigar Public Library, the Mobile Library, Alean Freeman Library in Greenfield, and the Thomas H. Raddall Library in Liverpool are examples of community libraries that set benchmarks for what community libraries can offer. The latest example of this — moving the current Lunenburg Library to the Lunenburg Academy — is in progress. Thanks to generous donations from our borrowers, we are able to fill the shelves in these branches with books, CDs, DVDs, large print, paperbacks, and magazines that are in high demand! Public libraries in Nova Scotia, including South Shore Public Libraries, are funded through municipal and provincial contributions. We truly appreciate the support we receive locally. This year, we are asking for your personal support as well. We challenge the Mayors and Wardens of the six municipal units to come together to publicly support South Shore Public Libraries. A donation of $100 will purchase 3 hard cover books, 1 coffee table book, or 3 magazine subscriptions. Donations are accepted online through the Canada Helps link on the Adopt -A -Book web page (southshorepublichbra ries,ca/adopt), or by cheque; Adopt - A -Book, c/o South Shore Public Libraries, 135 North Park Street, Bridgewater, NS B4V 9B3. Hundreds of books and other items are available from which to choose, or Library staff can choose for you. We will attach a bookplate to the items(s) you choose to adopt. We would like to coordinate a picture for the local papers of all the Mayors and Wardens from Lunenburg and Queens Counties, with the books you adopt, during the week of December 211. The support of our Municipal leaders will help to influence others to support the Library! Our Communications Team will contact you by November 30 to organise the logistics for the photo. As an added incentive, we are thrilled to announce that award-winning author Lawrence Hill will be in Lunenburg on December 12! Mr. Hill will give a public reading in the afternoon, followed by a gala event at the Lunenburg Fisheries Museum in the evening. For your tax deductible donation of $100, you will receive a complimentary ticket to the gala event. This special evening includes a wine and cheese reception with Mr. Hill, as well as a reading from his latest book, The Illegal, released in September 2015. Your support of the Adopt -A -Book program is important. Last year, $9,000 was generously contributed by donors, These donations help the Library Board to make sure that our Libraries are the best they can be. I hope you will support the Library by donating to the 2015 Adopt -A -Book Campaign. Sincerely, Troy Myers CEO/Chief Librarian South Shore Public Libraries N THE 'X° �.�,���wxC MUNICIPAL BER OF COMMERCE November 16"', 2015 Dear Sean Gillis and members of council, S�3 0001M to ,v.... 6loviewod iay 4171 Tlwy i#3, RRO C1108teir, Nova Scotia 13, 0J IJO T: (902) 275.4709 — ,t+: (902) 275.4629 1!, -mall: A rain p Che erkerrN....,,_S p Website: www,ChesterAreaNS,ca On behalf of the Chester Municipal Chamber of Commerce, we fully support the proposal of a village -style inn, located at 58 Duke Street and the adjoining :properties (5254 Duke Street/37 Water Street), This endeavor will bring much needed lodging infrastructure to the community.. The economic spinoff, of added tourist dollars, will support the various businesses within the village and surrounding municipality. Best regards, Piers Balser Chair, Economic Development Committee Chester Municipal Chamber of Commerce "The Chester Municipal Chamber of Cornmerce fosters a climate encouraging economic development, growth and prosperity; promoting a lifestyle that attracts people to live and work in our communitles," MUNICIPALITY OF THE DISTRICT OF CHESTER FOR INFORMATION REPORT TO Warden Webber and Members of Municipal Council SUBMITTED BY Tammy S Wilson, MURP, MCIP, Chief Administrative Officer DATE August 31, 2015 SUBJECT Chipping ORIGIN 2015-16 Capital Budget CURRENT SITUATION 6.1 As part of our usual operations we chip building materials yearly. The product is segregated into materials to be used on-site and materials suitable for Brooklyn energy. This item is a budget item under my operating budget. I have recently gone out for quotes on this work. The people with the ability and equipment to do this worker limited but I have contacted three companies. Section 4.1 of the Procurement Policy requires that all Low Value Procurement with a value over $10,000 be reported to Council for information RECOMMENDATION: (Not Applicable- Information Only) Report is submitted as per section 4.1 of the procurement policy for all value procurement contract awards in excess of $10,000 • RL Harvey's service station $22.00 per. Tonne (cannot do shingles ) • Halifax C&D $21.00 per tonne (will do shingles for $22.00 per tonne ) • New Arbor Products unable to do work due to schedule. The contract was awarded to Halifax C&D. IMPLICATIONS: 1 Policy: Procurement Policy P-04 was followed, including local preference (of which there were no local tender submissions received) 2 Financial/Budgetary Potential costs estimated to be approximately$25000 to$34000 3 Environmental: n/a 4 Strategic Plan: 1. Ensure sufficient infrastructure is available to best serve our residents and businesses S Work Program Implications Within 2015/16 Work Program. 6 Consultation/Communications (External v Internal) ATTACHMENTS: None: OPTIONS: None Prepared BY Bruce Forest Date Nov. 20/2015 Reviewed BY Date Authorized BY Tammy Wilson Date November 20, 2015 MUNICIPALITY OF THE DISTRICT OF CHESTER REQUEST FOR DECISION REPORT TO Warden Allen Webber and Members of Municipal Council SUBMITTED BY Tammy Wilson, MURP, MCIP, Chief Administrative Officer Wellbeing Committee DATE November 19,201S SUBJECT Wellbeing Committee Terms of Reference ORIGIN Wellness Committee 6.2 CURRENT SITUATION: The Municipality has established a Wellness Committee. This Committee presently does not have a terms of reference to guide the committee respecting its mandate, committee appointments, reporting structure and meeting expectations. Over the past several months the Wellness Committee has met to discuss its terms of reference. Staff were engaged through a workshop to provide input into a proposed mandate for the Committee. Attached is a draft Terms of Reference that is the result of this engagement and discussion. The Committee is recommending that Council approve the same. RECOMMENDATION: That Municipal Council replace the existing Wellness Committee with the Wellbeing Committee, with the Terms of Reference as proposed. IMPLICATIONS: 1 Policy: Council has not established a Terms of Reference for the Wellness Committee. 2 Financial/Budgetary: Council approves a budget for the Wellness/Wellbeing Committee on an annual basis and the Committee is required to work within the approved budget parameters. The proposed terms of reference does not change this. 3 Environmental: n/a. 4 Strategic Plan: 5 Work Program Implications n/a. ATTACHMENTS: Draft Terms of Reference OPTIONS: 1. Accept the recommendation of the Committee and approve the Wellbeing Committee Terms of Reference. 2. Not accept the recommendation and refer the matter back to the Wellness Committee for further review. COMMUNIICATION /PUBLIC ENGAGEMENT CONSIDERATIONS Communications respecting the Terms of Reference will be communicated with Staff using various methods - Mango/The Hub; e-mail and departmental meetings. Prepared BY Tammy Wilson, CAO Date November 19, 2015 Reviewed BY Date Authorized BY Date HEALTH AND WELLBEING COMMITTEE Terms of Reference 1.0 MANDATE To create opportunities for staff and Council to participate in wellness initiatives for the mind, body and soul, to ensure the health of our organization and the wellbeing of our employees. To advise the Chief Administrative Officer on wellness issues. To make recommendation on policy changes where necessary. 2.0 REPORTING The Committee shall prepare an Annual report to CAO, Council and staff on the activities of the Committee, including measurement of results. 3.0 AUTHORITY The Committee shall have an Annual Budget approved by Council. The Committee shall make recommendations to the Chief Administrative Officer on the implementation of the budget and program. 4.0 MEMBERSHIP 4.1 Composition The Wellness Committee shall consist of a minimum of five and a maximum of eight members from across the organization, with specific composition to be as follows: Preferably a representative from each department; One representative from Council. 4.2 Membership Terms Appointments to the Committee shall be made to coincide with the date of Council appointments to Committees (May / June). Terms of members shall be as follows: Term of Two Years for employee representatives Term of One year for Council appointment. The and Chair/ Vice -Chair -shall be appointed annually by the Committee The terns of the employee representative members appointed to the Committee in 2016 shall be staggered, with one and two year terns. Terns for employee representatives after the initial appointment shall be two years in duration. 4.3 Member appointments The Wellness Committee shall make a recommendation to the CAO respecting the appointment of Employee representatives. The CAO shall appoint staff members based upon recommendation of the Wellness Committee. Council shall appoint the elected representative annually. 4.4 Ad Hoc Working GroWs Ad Hoc Working Groups may be appointed by the Committee and membership can be from outside the Committee. Ad Hoc Work Groups report to and make recommendations to the Committee. S.0 ROLES/RESPONSIBILITY 5.1 General Roles / Responsibilities • Represent and receive input from staff and elected officials by addressing concerns, providing feedback, answering questions and moving on recommendations within available resources • Establish methods of soliciting input from staff, as well as methods for staff and elected representatives to bring forth concerns, questions, ideas to the Committee. Assist in the promotion of a culture of health and wellbeing Monitoring identified and emerging risk and advise on their prevention, mitigation and management Formally track issues / ideas brought forth to the Committee Establish metrics to gauge effectiveness of programs offered, Monitor the program budget and expenditure Develop and implement Health and Wellbeing programs and procedures that assist in meeting the mission of the Committee. Promote awareness of the Employee Assistance Program 5.2 Chair's Role The Chair will: Draft the agenda and minutes Ensure all committee members have a chance to speak and be heard at meetings Guide committee members towards a common goal Correspond with the CAO and management Correspond with the AMANS/UNSM wellness coordinator to assist with program or policy development 5.3 Vice- Chair Role The Vice- Chair will act in the Chairs role, during the absence of the Chair 5.4 Members Will review the agenda prior to the committee meetings Complete assigned action items from previous meetings Be prompt and regular in attendance and send regrets to Chair if unable to attend Represent employees and elected officials by addressing concerns, providing feedback, answering questions and moving on recommendations within the available resources. 5.5 Minute Taker • A committee member shall be assigned the responsibility of taking notes of committee discussions sufficient to record decisions, actions and those identified to complete actions • The minute taker shall distribute minutes to committee members in a timely fashion 6.0 RESOURCES The Committee shall have an Annual budget approved by Council. Resources outside of allocated budget or staff resource on Committee shall be requested through the CAO. 7.0 MEETINGS The Committee shall meet at a minimum bi-monthly. The Chair may call a meeting at a more frequent interval, as deemed necessary by the Chair. Meeting locations shall alternate between MODC Administration Office and Satellite Office locations. Committee Agenda's shall be posted and distributed in advance of the meeting. The Committee shall follow the Rules of Proceedings (By-law No 79) established by Municipal Council, as applicable. Where not addressed in the Rules of Proceedings (By-law No 79), Roberts Rules of Order shall apply October 30th, 2015 REVENUE (Page 1 of 2) Taxes - Assessable Property Residential Commercial Resource Non -Profit Acreage Forest Lands (-50,000) Forest Lands (+50,000) Area Rates: Protective Services: Fire Protection - Districts 1,3&7 Fire Protection - Islands Fire Protection - Forest Land Fire Protection - Hydrants Fire Protection Fire/Village Commissions Municipality of the District of Chester Income Statement - Actual vs. Budget 2015-2016 ACTUAL September 30th 2015-2016 BUDGET VARIANCE TOTAL $ % 6.3a) 2015-2016 FORECAST MARCH 31. 2016 $9,383,014 $9,429,272 $46,258 100% $9,383,014 1,370,341 1,384,864 14,523 99% 1,370,341 287,176 293,197 6,021 98% 287,176 4,152 4,153 1 100% 4,152 27,439 27,439 0 100% 27,439 8,590 8,590 0 100% 8,590 $11,080,712 $11,147,515 $66,803 99% $11,080,712 $242,022 $262,141 $20,119 92% $242,022 11,428 11,768 340 97% 11,428 1,312 1,312 0 100% 1,312 24,091 24,091 0 100% 24,091 1,483,199 1,516,072 32,873 98% 1,483,199 $1,762,052 $1,815,384 $53,332 97% $1,762,052 Transportation Services: Streetlights $129,682 $131,810 $2,128 98% $131,716 Private Road Maintenance 89,231 82,014 -7,217 109% 89,231 Endeavour Avenue 37,254 37,245 -9 100% 37,245 $256,167 $251,069 -$5,098 102% $258,192 Environmental Health Services: Universal Sewer $833,479 $830,513 -$2,966 100% $833,479 Solid Waste Collection and Disposal $1,368,687 $1,375,879 $7,192 99% $1,368,687 Mill Cove - Private Wells $0 $35,400 $35,400 0% $0 ACES School - Sprinkler System $9,477 $9,477 $0 100% $9,477 Taxes Based on Business Revenue: Aliant Corporation $49,128 $50,000 $872 98% $49,128 NS Power Corporation 22,237 22,237 0 100% 22,237 NS Power HST Rebate 88,676 50,000 -38,676 177% 88,676 $160,041 $122,237 -$37,804 131% $160,041 Other Taxes: Deed Transfer Tax $556,876 $800,000 $243,124 70% $800,000 Wind Farm Developer Tax 0 250,000 250,000 0% 174,221 Change in Use 0 0 0 0 $556,876 $1,050,000 $493,124 53% $974,221 Grants in Lieu of Taxes: Federal Government and Agencies $48,173 $61,842 $13,669 78% $54,396 Provincial Government and Agencies 0 95,494 95,494 0% 95,494 $48,173 $157,336 $109,163 31% $149,890 SUBTOTAL $16,075,664 $16,794,810 $719,146 96% $16,596,751 REVENUE (Page 2 of 2) Services Provided Other Governments/Agencies: Wind Turbine COMFIT - NS Power Solid Waste and Disposal Fees Planning, Fire Insp, Build Insp, REMO Fees Fire Commission Insurance Premiums Animal Control Fees Other Revenues from Own Sources: Administration Services Transportation Services Building Inspection Services Animal Control Services Sewer Hookup Services Solid Waste and Disposal Services Planning Services Industrial Park Lease Fees Recreation & Culture Services Unconditional Transfers: Federal Government Provincial Government Other Local Government/Agencies Conditional Transfers: Federal Government Provincial Government Other Local Government/Agencies Other: Transfer, Prior Year's Surplus Transfer From Own Funds SUBTOTAL EXTRAORDINARY OR SPECIAL REVENUE 2015-2016 2015-2016 ACTUAL BUDGET VARIANCE September 30th TOTAL $ % $314,395 $719,650 $405,255 44% 1,605,549 2,687,807 1,082,258 60% 33,984 76,908 42,924 44% 64,765 67,000 2,235 97% 11,000 33,000 22,000 33% $2,029,693 $3,584,365 $1,554,672 57% $93,874 7,721 5,230 651 8,404 414,476 41,376 2,527 75,609 $649,868 $1,272 6,699 0 $7,971 $37,500 152,814 58,034 $248,348 $0 10,000 $10,000 $19,021,544 $0 $158,800 7,432 15,000 1,850 0 564,251 16,900 5,000 112,350 $881,583 $1,300 11,080 0 $12,380 $1,208,667 958,389 150,665 $2,317,721 $33,639 1,300,640 $1,334,279 $24,925,138 $64,926 59% -289 104% 9,770 35% 1,199 35% -8,404 149,775 73% -24,476 245% 2,473 51% 36,741 67% $231,715 74% $28 98% 4,381 60% 0 $4,409 64% $1,171,167 3% 805,575 16% 92,631 39% $2,069,373 11% $33,639 0% 1,290,640 1 % $1,324,279 1% $5,903,594 76% $0 2015-2016 FORECAST MARCH 31, 2016 $719,650 2,687,807 76,908 64,765 33,000 $3,582,130 $156,900 7,721 15,000 1,850 1,000 564,251 52,463 5,000 113,279 $917,464 $1,272 11,199 0 $12,471 $1,208,667 1,078,389 150,665 $2,437,721 $33,639 1,417,265 $1,450,904 $24,997,441 TOTAL REVENUES $19,021,544 $24,925,138 $5,903,594 76% $24,997,441 October 30, 2015 EXPENDITURES (Page 1 of 4) General Government Services: Warden, Council & Committee: Council/Committee Remuneration Administrative Expenses Grants to Organizations Elections and Plebiscites CAO/Clerk Administration: Salaries Administration Expenses Town Crier Surveys/Appraisals Communications Capital from Revenue Projects Finance/Tax Administration: Salaries Administration Expenses Property Tax Administration Assessment Recovery Costs Capital from Revenue Projects Depreciation Information Services: Salaries Administration Expenses Capital from Revenue Projects Debt Charges. Depreciation Municipal Property: Salaries Administrative Expenses Property Services Wharves, Boat Launches, etc Community Development/Gardens Capital from Revenue Projects Depreciation Public Works: Salaries Administrative Expenses Sprinkler/Fire Mill Cove Capital from Revenue Projects Depreciation Municipality of the District of Chester Income Statement - Actual vs. Budget 2015-2016 2015-2016 ACTUAL BUDGET VARIANCE September 30th TOTAL $ % 2015-2016 FORECAST MARCH 31, 2016 $80,848 $161,560 $80,712 50% $161,560 40,468 74,789 34,321 54% 75,054 91,207 200,500 109,293 45% 210,500 15,000 15,000 0 100% 15,000 $227,523 $451,849 $224,326 50% $462,114 $146,911 $362,742 $215,831 41% $362,742 41,467 125,800 84,333 33% 126,950 0 1,000 1,000 0% 0 0 1,500 1,500 0% 1,500 4,126 23,000 18,874 18% 18,000 0 0 0 0 $192,504 $514,042 $321,538 37% $509,192 $142,981 $314,922 $171,941 45% $314,922 120,361 215,736 95,375 56% 215,245 254,327 280,829 26,502 91% 280,173 256,097 341,463 85,366 75% 341,463 0 0 0 0 0 23,153 23,153 0% 23,513 $773,766 $1,176,103 $402,337 66% $1,175,316 $75,172 $205,965 $130,793 36% $205,965 100,764 249,104 148,340 40% 249,104 4,015 50,140 46,125 8% 50,140 16,470 19,483 3,013 85% 19,483 0 39,003 39,003 0% 66,172 $196,421 $563,695 $367,274 35% $590,864 $55,426 $83,950 $28,524 66% $83,950 29,270 40,420 11,150 72% 40,420 61,818 128,780 66,962 48% 128,780 4,041 16,300 12,259 25% 16,300 4,030 17,500 13,470 23% 17,500 55,010 308,500 253,490 18% 308,500 0 21,058 21,058 0% 10,239 $209,595 $616,508 $406,913 34% $605,689 $72,698 $147,960 $75,262 4.9% $147,960 36,567 92,000 55,433 40% 92,000 16,268 72,610 56,342 22% 72,610 0 0 0 0 0 21,524 21,524 0% 14,406 $125,533 $334,094 $208,561 38% $326,976 SUBTOTAL $1,725,342 $3,656,291 $1,930,949 47% $3,670,151 EXPENDITURES (Page 2 of 4) Protective Services: Police Services Correction Services Legal - Prosecution Services By -Law Enforcement Animal Control Emergency Measures Fire Services: Fire Services - Salaries & Wages Fire Services - Administrative Expenses Fire Services - Insurance FireNillage Commissions Fire Contract - Districts 1, 3 & 7 Fire Rescue Boat Capital from Revenue Projects Building/Fire Inspection: Building Salaries & Wages Building Administrative Expenses Fire Salaries & Wages Fire Administrative Expenses Transportation Services: Roads & Streets: Administration Provincial Road Maintenance Fee Municipal Roads Private Road Maintenance Sidewalks/Crosswalks Streetlights Streetsigns Capital from Revenue Projects Short Term Borrowing Debt Charges Depreciation Sewer Services: Universal Sewer Salaries Universal Sewer Operating Expenses Capital from Revenue Projects Debt Charges Depreciation 2015-2016 2015-2016 13,495 61,235 2015-2016 ACTUAL BUDGET VARIANCE 119,000 FORECAST September 30th TOTAL $ % MARCH 31, 2016 $1,998,010 34% $843,735 $1,682,931 $839,196 50% $1,682,931 118,220 236,441 118,221 50% 236,441 0 5,000 5,000 0% 5,000 8,695 46,490 37,795 19% 46,491 27,533 70,480 42,947 39% 70,480 21,126 40,707 19,581 52% 41,053 $1,019,309 $2,082,049 $1,062,740 49% $2,082,396 $26,634 $51,831 13,495 61,235 64,765 67,000 722,000 1,516,072 119,000 260,104 4,000 11,768 0 30,000 $949,894 $1,998,010 $25,197 51% $51,831 47,740 22% 61,235 2,235 97% 67,000 794,072 48% 1,516,072 141,104 46% 260,104 7,768 34% 11,768 30,000 0% 30,000 $1,048,116 48% $1,998,010 $70,092 $166,128 $96,036 42% $166,128 23,270 65,097 41,827 36% 65,097 24,593 52,026 27,433 47% 52,026 8,533 24,799 16,266 34% 24,799 $126,488 $308,050 $181,562 41% $308,050 $329,033 $2,599,743 $2,270,710 $5,850 $28,010 $22,160 21% $28,010 89,808 179,614 89,806 50% 179,614 5,005 30,000 24,995 17% 30,000 85,181 78,210 -6,971 109% 78,210 9,894 87,000 77,106 11% 87,000 67,347 145,450 78,103 46% 145,450 2;836 12,210 9,374 23% 12,210 9,851 210,000 200,149 5% 210,000 3,053 3,920 867 78% 3,920 69,323 46,044 -23,279 151% 46,044 0 241,610 241,610 0% 211,175 $348,148 $1,062,068 $713,920 33% $1,031,633 $84,555 $217,180 $132,625 39% $217,180 145,121 324,540 179;419 45% 324,540 64,837 1,814,834 1,749,997 4% 1,814,834 34,520 51,549 17,029 67% 51,549 0 191,640 191,640 0% 182,303 $329,033 $2,599,743 $2,270,710 13% $2,590,406 SUBTOTAL $4,498,214 $11,706,211 $7,207,997 38% $11,680,646 EXPENDITURES (Page 3 of 4) Solid Waste Collection/Disposal Waste Collection Salaries Waste Collection Operating Expenses Depreciation Landfill Salaries Landfill Operating Expenses Landfill Closure 2 Expenses Landfill Capital from Revenue Projects Landfill Debt Charges Depreciation Recycling Salaries Recycling Operating Expenses Total Solid Waste Collection/Disposal Health & Wellness Occupational Health and Safety Regional Housing Authority Environmental Development Services: 2015-2016 2015-2016 ACTUAL BUDGET September 30th TOTAL $21,407 $49,838 525,197 1,254,175 0 422 $546,604 $1,304,435 2015-2016 VARIANCE FORECAST $ % MARCH 31, 2016 $28,431 43% $50,050 728,978 42% 1,224,171 422 0% 500 $757,831 42% $1,274,721 $293,024 $608,716 $315,692 48% $576,716 318,045 799,152 481,107 40% 770,902 550,000 550,000 0 100% 550,000 0 0 0 0 1,046,296 1,182,829 136,533 88% 1,182,829 0 1,294,432 1,294,432 0% 1,294,432 $2,207,365 $4,435,129 $2,227,764 50% $4,374,879 269,290 Planning Capital from Revenue Projects 0 114,000 $10,593 $23,307 $12,714 45% $23,329 7,071 28,649 21,578 25% 26,699 $17,664 $51,956 $34,292 34% $50,028 LQRDA/REN $34,786 $45,794 $11,008 $2,771,633 $5,791,520 $3,019,887 48% $5,699,628 $823 $7,000 $6,177 12% $7,000 1,146 10,000 8,854 11% 10,000 0 20,000 20,000 0% 20,000 $1,969 $37,000 $35,031 5% $37,000 Economic Development Salaries & Wages $37,641 $79,790 $42,149 47% $78,394 Economic Development Operating Expenses 21,910 141,225 119,315 16% 138,822 Economic Development Capital from Revenue 0 120,000 120,000 0% 120,000 $59,551 $341,015 $281,464 17% $337,216 Planning Salaries & Wages $183,680 $404,770 $221,090 45% $404,770 Planning Operating Expenses 104,858 268,290 163,432 39% 269,290 Planning Capital from Revenue Projects 0 114,000 114,000 0% 114,000 Depreciation 0 17,812 17,812 0% 17,812 $288,538 $804,872 $516,334 36% $805,872 LQRDA/REN $34,786 $45,794 $11,008 76% $150,000 Tourism Development $40,828 $43,000 $2,172 95% $43,000 Total Environmental Development Services $423,703 $1,234,681 $810,978 34% $1,336,088 SUBTOTAL $7,695,519 $18,769,412 $11,073,893 41% $18,753,362 EXPENDITURES (Page 4 of 4) Industrial Park Operating Expenses Industrial Park Capital from Revenue Depreciation Wind Power Operating Expenses Wind Power Capital From Revenue Wind Power Depreciation Wind Power Debt Charges Heritage Properties Recreation and Parks Services: Recreation Salaries Recreation Grants to Organizations Recreation Operating Expenses Recreation Capital from Revenue Projects Recreation Debt Charges Depreciation Church Memorial Park Regional Library Appropriation to District School Board Transfer to Own Reserves, Funds, Agencies Extraordinary Expenditures TOTAL EXPENDITURES Surplus/(Deficit) - Operations Depreciation Allocation to Surplus 2015-2016 2015-2016 $2,223,544 50% $4,447,088 2015-2016 ACTUAL BUDGET VARIANCE $9,907 FORECAST September 30th TOTAL $ % MARCH 31, 2016 $26,914,826 $4,680 $23,653 $18,973 20% $12,001 0 10,000 10,000 0% 10,000 0 17,448 17,448 0% 17,448 $4,680 $51,101 $46,421 9% $39,449 $28,251 $89,963 $61,712 31% $102,963 0 69,000 69,000 0% 69,000 0 254,410 254,410 0% 254,410 253,143 331,157 78,014 76% 331,157 $281,394 $744,530 $463,136 38% $757,530 $0 $500 $500 0% $500 $209,324 $399,075 $189,751 52% $400,355 5,863 38,000 32,137 15% 38,000 159,380 323,357 163,977 49% 334;051 23,586 289,000 265,414 8% 289,000 34,481 40,988 6,507 84%° 40,988 0 91,371 91,371 0% 81,917 $432,634 $1,181,791 $749,157 37% $1,184,311 $0 $50,000 $50,000 0% $50,000 $34,018 $69,056 $35,038 49% $69,056 $2,223,544 $4,447,088 $2,223,544 50% $4,447,088 $34,000 $1,603,623 $1,569,623 2% $1,603,623 $9,907 0 0 $9,907 $10,715,696 $26,917,101 $16,211,312 40% $26,914,826 $8,305,848 -$1,991,963 -$10,297,811 -417% -$1,917;385 $2,213,853 $2,213,853 $0 100% $2,213,853 Surplus/(Deficit) $10,519,701 $221,890 $10,297,811 4741% $296,468 Capital Budget Review - 2015/16 as of September 30th, 2015 Summary Budgeted Project Costs Forecasted to Project Cost to Date March 31, 2016 Recreation & Parks $289,000 $27,549 $177,963 Solid Waste $622,925 $20,405 $616,252 EcoPark $10,000 $0 $10,000 Wind Turbine $69,000 $0 $69,000 Community Development $264,000 $0 $231,500 Information Services $62,640 $4,015 $46,515 Public Works: Universal Sewer Projects: $2,403,500 $64,837 $683,647 Municipal Property: $900,500 $59,310 $175,630 Roads & Sidewalks $256,000 $9,851 $225,000 $4,877,565 $185,967 $2,235,507 Capital Budget Review - 2015/16 as of September 30th, 2015 RECREATION & PARKS 1 Trails - Gold River Bridge Repairs 2 Trails - Surface Upgrades (AT 6.20) 3 Trails - Swing Gates Project 4 New Ross Trail Connector (AT 6.1) 5 Parkland Purchase - Gold River 6 Beech Hill Property - Haase Donation Comments Project Project Costs Forecasted to Project Cost Catergory to Date March 31, 2016 Directors Comments $1101000 1 $0 $0 90;000 2 9,654 90;000 15,000 1 12,932 15,000 201000 3 0 151000 54,000 2 1,000 54,000 0 3,963 3,963 $289,000 $27,549 $177,963 Project cancelled by council. Surface Upgrades will be completed by December - about 60% of project completed to date. Swing Gates were installed in October but invoice not yet received. Site prep work completed, full trail expected to be completed by November 30th. Total project budget increased to $30,000 but we received a Connect 2 grant in the amount of $15,000 so our contribution is now expected to be $15,000. Unsure of where we are in the purchase process - most likely the file is with Sam. Unsure of expenses related to the transfer of property - possibly survey work. Budget Notes Trails - Gold River Bridge Repairs: This project is carried forward from last year. Tender documents were not prepared in time to complete the work this year. Repairs are being competed based on recommendations from our engineer inspection from last year. Trails - Surface Upgrades: Continue to upgrade the tread of the trail to meet expectations of destination trail and Blue Route. Funding is pending from the OHV grant and National Trails Coalition. Trails - Swing Gates: We are beginning a transition from bollards to swing gates to rectify saftey concerns and provide better access for emergency vehicles and maintenance vehicles. 25 gates at main intersections will be completed this year. New Ross School to Ross Farm Connector Design: This project was identified as part of the AT Playbook to connect the school and Ross Farm. Planning and construction to be completed in 2015-16. Capital Budget Review - 2015/16 as of September 30th, 2015 Solid Waste Landfill Only Projects (Valley) 1 Front End Loader 2 Fire Suppression System 3 Second Tower Site/Op.Changes 4 Backup Pump 5 Surface Pond Cleanout 6 Septage Lagoon Dredging 7 Hydroseeding Cell Site Solid Waste Projects (Chester only) 8 Cubside Inspection Vehicle 9 Metal Box And Lift Gate for 1 Ton Vehic 10 Reinstate Chlorination Sewer Ponds 11 Asbestos Drop Off Container EcoPark 12 ECOPark Promotional Equipment Wind Turbine 13 Transformer Project Project Costs Forecasted to Cost Caterclory to Date March 31, 2016 Directors Comments $217,000 Comments: 1 We will purchase used loader 2 completed 3 still in planning process 4 will be on order shortly 5 will be done in spring 6 Not in original budget 7 Not in original budget 8 Venicle has been purchased 9 done 10 working on aprovals 11 asbestos site is closed 12 unclear if it will be spent 13 25,000 7 Project Project Costs Forecasted to Cost Caterclory to Date March 31, 2016 Directors Comments $217,000 1 $0 $165,000 1 7,800 1 7,821 7,821 2 200,000 1 0 200,000 3 16,000 2 0 16,000 4 19,000 2 0 19,000 5 66,125 1 0 121,000 6 25,000 1 0 25,000 7 35,000 1 153 35,000 8 14,000 1 11,110 11,110 9 15,000 1 0 15,000 10 8,000 2 1,321 1,321 11 $622,925 $20,405 $616,252 $10,000 2 $0 $10,000 12 $69,000 1 $0 $69,000 13 Budget Notes: 1 Loader, the loader is a Cat 930H it has 7615 hours. It is the bussiest piece of equipment we have. It has been expeiencing more frequent repairs as of late. (available on standing offer). 2 because of the potential to use excavator in landfill fire application, this machine requires fire suppression. 3 Second tower site, We are expecting a recommendation on a solution to nitrates this year. 4 Pumps , replacement pumps for main station and main Advantex pump 5 Surface water ponds, remove silt built up over past years 8 Truck , replacement of 2004 Dakota for curb side enforcement 9 metal box. Box on the truck must be replaced due to rust and age. We will add a lift gate to allow us one employee pick ups. 10 chlorination, based on increased rain events we wish to discharge through a chlorination chamber to surface water ponds in extreme conditions 11 Asbestos ,provide steel container for storage of asbestos to be picked up this truck has over 300000k on it as of December 12 Eco park promotional and advertising items for trade shows and mail outs 13 Replace transformer through NS Power Capital Budget Review - 2015/16 as of September 30th, 2015 Project Project Costs Forecasted to Project Cost Catergory to Date March 31, 2016 Directors Comments Community Development Fire Services - District Reorganization Review $20,000 3 $0 $0 Fire Services - Equipment 10,000 2 0 0 Planning Services - Air Photography LIDAR 100,000 2 0 100,000 Planning Service - GPS Unit (Civic Address; Footings 14,000 2 0 11,500 Econ Dev - Signage 20,000 2 0 20,000 Econ Dev - Industrial Park Land Aquisition 100,000 2 0 100,000 $264,000 $0 $231,500 Comments: 1 Currently in disucussions with Village regarding Fire Contract. This amount would not be needed provided agreement is reached. 2 No plans for new equipment to date and it would probably take several months to reach agreement on additional equipment at this point. 3 Staff is working on a plan for acquisition this fall or early spring. 4 GPS unit has been purchased and is on order 5 Staff working on a plan to print signage so that it will be ready for installation next season. May not take entire budget for printing of signs 6 full amount remaning in budget as contingency Budget Notes: Fire Contract expires 2016 - carry over from 2014-15 District Firefighting/Medical equipment. These projects are identified each year after discussion with the Chiefs and the Commissions. LIDAR and flood risk mapping for coast and 5Km inland Contingency (i.e. farmers market signs) Pending the outcome of the Business/Industrial Park Feasiblity Study, further projects may be required to implment the recommendations of the study. This may include concept planning, property acquisition or marketing. purchase unit for building footprints etc. existing unit is often used, dedicated unit for CDD staff Capital Budget Review - 2015/16 as of September 30th, 2015 Information Services 1 Transfer to Equipment Reserves 2 Hardware Upgrades 3 Sophos Access Points (6) 4 Shoretel HQ Server 5 Audio Upgrades to Council Chambers Comments Project Project Costs Forecasted to Project Cost Catergory to Date March 31, 2016 Directors Comments $12,500 1 $0 $12,500 15,000 1 0 0 5,140 1 4;015 4,015 5,000 1 0 5,000 25,000 2 0 25,000 $62,640 $4,015 $46,515 Budget Notes: 1 Transfer to reserves 2 Hardware Upgrades include firewalls, switches, UPS, out of band servers 3 wireless access points for main office and gold river school 4 replace existing HQ Server (3 years old) 5 Replace microphones and speaker system in council chambers Capital Budget Review - 2015/16 as of September 30th, 2015 Public Works Universal Sewer Projects: 1 Collection Systems - Cleaning & Videoing - Inspection 2 Manhole Repairs & Infiltration Reduction - Construction 3 Pump Replacements - Maintenance Chester Sewer: 4 Property Improvements - Construction 5 Wastewater Plant Improvements - Construction 6 Pumping Station 3 Improvements - Design Chester Basin Sewer: 7 Wastewater Plant Improvements - Design Mill Cove Sewer: 8 Wastewater Plant Replacement - Design Otter Point Sewer: 9 Pumping Station 1 Improvements - Construction Western Shore Sewer: 10 Pumping Station 2 Improvements - Construction 11 Plant Improvements Wastewater - Construction Municipal Property: 12 Zoe Valle Library - Roof Repairs 13 Municipal Building Repairs 14 Committee Room Table & Chairs 15 Municipal Building - Gold River 16 Fire Protection System Improvements - Mill Cove Water 17 Chester Basin Wharf Repairs - Construction 18 Chester Basin Retaining Wall - Construction Roads & Sidewalks 19 Road Rehabilatation - Mill Cove - Design 20 Sidewalk - Chester - Construction 21 Streetlights - Chester Basin - Construction Budget Project Project Costs Forecasted to G/L Account Project Cost Catergory to Date March 31, 2016 Directors Comments 01-25-240-295100 $27,500 1 $456 $17,956 1 01-25-240-295102 85.000 1 34.392 62.392 2 01-25-240-295101 40.000 3 16.718 25.728 3 $152,500 $51,566 $106,076 01-25-240-295103 $20.000 2 $1.837 $121.537 4 01-25-240-295103 350.000 1 0 0 5 01-25-240-295104 15.000 2 0 0 6 $385,000 $1,837 $121,537 01-25-240-295105 $30,000 2 $1,034 $1,034 7 01-25-240-295106 $30,000 1 $2,794 $30,000 8 01-25-240-295107 $40,000 1 $125 $20,000 9 01-25-240-295108 $660,100 1 $5,641 $400,000 10 01-25-240-295109 1,1057900 1 17840 57000 11 $1,766,000 $7,481 $405,000 01-10-110-295106 $127000 2 $87435 $87435 12 01-10-110-295101 45.000 1 2,695 5.695 13 01-10-110-295107 6.500 3 0 6.500 14 01-10-110-295105 702.000 1 43.880 100.000 15 01-10-117-295100 40.000 1 4.300 20.000 16 01-10-110-295102 55.000 1 0 35.000 17 01-10-110-295102 40.000 3 0 0 18 $900,500 $59,310 $175,630 01-20-200-295103 $30,000 2 $0 $15,000 19 01-20-200-295101 206,000 3 9.851 190.000 20 01-20-200-295104 20.000 3 0 20.000 21 $256,000 $9,851 $225,000 Comments: 1 cost to date, tender amount plus allowance 2 money spent to date, 8 committed and 20 K allowance to complete all work 3 Purchased 3 chloro vac pumps, don't anticipate any new pumps 4 work to date, plus SNC Eng for gen, fence repairs, clarifiers railing, gen install, allowance 5 Put everything in the above cell 6 Work did not start, unlikely it will 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Not sure what these costs are for, but don't expect any further charges Expect the design and costing to be completed by Janu 2016 Work completed in a phased approac electrical conduit repairs and rotor repair Work complete Not proceeding with most work since its related to abandoning the Annex, window work only Not sure whose taking the lead on the new chairs, since Council wanted new chairs, but I budgeted for the Comm room covers work completed to date, SNC and allowance for Roof contractr based on completed exterior wharf repairs and structural assessment AW placed project on hold No contigency required to date, depends on unit qty's thou Work not started but hoping soon, memo to Tammy W Budget Notes: DESCRIPTION, QUESTIONS OR ITEMS TO FOLLOW UP: Municipal Bldg Repairs - well, treatment system, annex back steps, ridge vent, CO detectors, floor tile, interior painting, windows, landscaping, windows, lighting in parking lot, tree remediation, energy audit? Any other vehicles to replace - CDD or SW Have all projects been escalated appropriately - Need to view other DH capital (SW/Rec/Comm Dev) to determine work load - CDD signage new program Would like to see Project info sheets created for each project to expand on scope Any other Zoe Valle Reparis CS WWTP - generator, UV and potable water Help with Hazard Assessments and Manual ? Computer buy out Aging Bldg Audits Chester Ground Water - TM project, salt water intrusion add on Traffic Study - One way streets in Village Asset Mang System - Purchase/Research? Drainage issues at KM and paving roads New Chairs committee room, updating the Committee room for better meetings Tools and Equipment - talk to Guys MC FPS - need to design, project plan based on recommendations from SNC who are doing an options review, should plan to replace the Fire Pump WS General - Need to paint and repairs to bldg. that will be kept, washroom connection, gate Video main coming into WWTP - WS - should be on list for this year Clarifier needs to be inspected this year for rehabilitation Tools & Equipment? snow blower $ 2,500.00 Magnetic locator $ 1,500.00 Whip snipper x 2 ? Ladders ? Post driver $ 2,000.00 Trailer $ 5.000.00 it is old and cannot find parts Chester Acres - PS repairs/relocation, need to relocate to keep from getting gravel in it, flow monitoring, manual, dechlorination, replacement based SNC review Western Shore WWTP Upgrades - disinfection, flow monitoring, preliminary treatment, oxygenation, automation, storage, water, office, staff facilities, gate, make more safe (clarifier rails)