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HomeMy Public PortalAbout2016-09-08_Council_Public Agenda Package Page 1 of 1 MUNICIPAL COUNCIL AGENDA Thursday, September 8, 2016 at 8:45 a.m. Chester Municipal Council Chambers 151 King Street, Chester, NS 1. MEETING CALLED TO ORDER. 2. MINUTES OF PREVIOUS MEETING: 2.1. Council – August 25, 2016 3. COMMITTEE REPORTS: 3.1. Any other Committees. 4. MATTERS ARISING. 5. CORRESPONDENCE: 5.1. Letter from Chester Playhouse dated August 24, 2016 regarding the request to commit to the implementation of a process to ensure significant improvement of the existing water system in the Village of Chester. 5.2. Letter from Municipality of East Hants dated August 16, 2016 regarding UNSM Resolutions Process – Request that Municipal Units Not Submit Resolutions this Year. 6. NEW BUSINESS: 6.1. Request for Decision from Development and Planning Assistant regarding Request to Purchase a Portion of a Municipal Road Reserve (PID 60581667). 6.2. Request for Decision from Senior Economic Development Officer regarding Brand Roll Out. 6.3. Request for Decision from Director of Engineering and Public Works regarding RFP Review and Recommendation – Landfill Cell 4A Design and Construction Management. 7. IN CAMERA. 8. ADJOURNMENT. 391 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of Meeting of COUNCIL Held in Council Chambers at 151 King Street, Chester, NS On Thursday, August 25, 2016 The Meeting was called to order by Warden Webber at 8:52 a.m. ROLL CALL Councillors Warden Allen Webber Councillor Brad Armstrong Councillor Andre Veinotte Councillor Church-Cornelius Councillor Tina Connors Staff Tammy Wilson, CAO Pamela Myra, Municipal Clerk Cindy Hannaford, Executive Secretary Sam Lamey, Municipal Solicitor Jennifer Veinotte, Communications Officer Regrets Deputy Warden Shatford Press Jonathan Waddell, Lighthouse Publishing There were four members of the public in the public gallery. MINUTES OF PREVIOUS MEETING 2.1 Council – August 11, 2016 2016-355 MOVED by Councillor Church-Cornelius, SECONDED by Councillor Armstrong that the minutes of the August 11, 2016 meeting of Chester Municipal Council be approved as circulated. CARRIED. COMMITTEE REPORTS 3.1 Committee of the Whole Meeting – August 18, 2016 – Warden Webber 2016-356 MOVED by Councillor Armstrong, SECONDED by Councillor Connors that the following recommendation from the August 18, 2016 meeting of the Committee of the Whole be approved as follows: 2016-351 – Approval of Previous Minutes 2016-352 – “… approve a Council grant in the amount of $2,482.00 requested by the Aspotogan Heritage Trust for sidewalk expansion.” 2016-353 – In Camera - Section 22 (2) (a) land negotiations. Council (continued) August 25, 2016 392 2016-354 – Adjournment. CARRIED. 2016-357 MOVED by Councillor Church, SECONDED by Councillor Armstrong the minutes of the August 18, 2016 meeting of Committee of the Whole be received as circulated. CARRIED. MATTERS ARISING None at this time. CORRESPONDENCE 5.1 Letter from Michael Wilcox, New Ross Credit Union Limited dated July 19, 2016 regarding taxes owed on Property located at 167 Owls Head. Information provided indicated that the procedure following the transfer of the property resulted in an error and based on PVSC’s letter they didn’t follow their own procedure. 2016-358 MOVED by Councillor Church-Cornelius, SECONDED by Councillor Veinotte that Council approve the write-off of taxes for property located at 167 Owls Head in the amount of $3,933.14 due to an error in removal of the CAP on the assessed value. CARRIED. 5.2 Email from Robb Manuel, Chair of Joint Fire Advisory Committee dated August 4, 2016 regarding Joint Fire Advisory Committee Request. The CAO outlined the requests of the Chair of the Joint Fire Advisory Committee: 1. A translation to layman’s terms of the fire services contract with Village that established this committee; and 2. A request for input from Council of what matters they would like the Committee to review and consider. It was generally agreed that the Committee could review budget (capital and operating) because Council will be asked to make decisions. It was also agreed that Council could attend a meeting of the Committee to review the requests, i.e. review of the contract and capital projects for the next few years. Councillor Church-Cornelius also suggested reviewing the Fire Department goals that relate to fire service. It was also noted that the Committee may wish to adopt their own procedures. 5.3 Letter of congratulations from Our Health Centre dated August 15, 2016 regarding new partnership with Sustane Technologies. This was considered information. 5,4 Letter from Parachute, Canada’s Leader in injury prevention regarding proclamation of National Teen Driver Safety Week taking place October 16-22, 2016. Council (continued) August 25, 2016 393 2016-359 MOVED by Councillor Church-Cornelius, SECONDED by Councillor Armstrong that Council agree to proclaim the week of October 16-22, 2016 as Canada’s national Teen Driver Safety Week and post in usual manner. CARRIED. 5.5 Email from UNSM re Fire Services Review The CAO outlined the email from UNSM noting that several months ago Councillors received information that Municipal Affairs was carrying out a review of fire service in Nova Scotia. They have now set aside some dates for engagement with Municipalities and the Fire Service. Councillors Veinotte and Church-Cornelius agreed to attend the September 12, 2016 meeting in Bridgewater and Councillor Connors will confirm with staff if she is able to attend the Kentville session. NEW BUSINESS 6.1 Request for Direction from Director of Engineering and Public Works regarding Sidewalk (Our Health Centre). Matthew Davidson, Director of Engineering & Public Works, reviewed the information contained in the Request for Decision dated August 17, 2016 regarding the sidewalk adjacent to Our Health Centre (OHC) recommending that the Municipality accept the OHC Building Committee’s request and assume responsibility of the section for the sidewalk in front of the OHC, subject to the items outlined. 2016-360 MOVED by Councillor Armstrong, SECONDED by Councillor Church-Cornelius that Council approve the recommendation for the Municipality to accept the Our Health Centre’s Building Committee’s request and assume responsibility of the section for the sidewalk in front of the OHC, subject to approval by NS Department of Transportation & Infrastructure Renewal, receipt of as-builts, any testing/inspection reports and a one (1) year warranty bond or other method acceptable to Council effective from the date of take-over. Councillor Veinotte commented that if the Municipality does not maintain the sidewalk people will be concerned. CARRIED. 6.2 Request for Direction from Director of Engineering and Public Works regarding Tender RFP T-2016-012 Municipal Truck. The Director of Engineering and Public Works reviewed the Request for Decision dated August 18, 2016 regarding Request for Standing Offer T-2016-012. Following review of the submissions and budget, it was determined that the submissions all exceeded the budgeted amount and staff was recommending that the Request for Standing offer for Supply and Delivery of a Public Works Truck not be awarded and that staff re-tender for a 2015 ¾ Ton Truck with less than 25,000 km. 2016-361 MOVED by Councillor Armstrong, SECONDED by Councillor Church-Cornelius that Council approve that the Request for Standing Offer T-2016-012 not be awarded due to Council (continued) August 25, 2016 394 submissions received exceeding the budgeted amount; and staff be directed to re-tender for a 2015 ¾ Ton Truck with less than 25,000 km. CARRIED. 6.3 Request for Direction from Director of Solid Waste regarding – Tip Fees – Shoreham Village Senior Citizens Apartments Association. Bruce Forest, Director of Solid Waste, reviewed the Request for Direction dated August 18, 2016 regarding request from non-profit organization, Shoreham Village, for the waiving of tipping fees for a renovation on the apartments (re-shingling roof and repairs). He estimates the potential cost to be somewhere between $1,5000 and $3,000. The policy states that Council must approve exemptions for non-profit organizations. 2016-362 MOVED by Councillor Church-Cornelius, SECONDED by Councillor Armstrong that Council approve the request of Shoreham Village Senior Citizens Apartments Association to waive tipping fees for renovations on the apartments (re-shingling roof and repairs). CARRIED. 6.4 Request for Direction from Director of Solid Waste regarding Tip Fees – Jehovah Witness Kingdom Hall. The Director of Solid waste reviewed the Request for Direction dated August 16, 2016 regarding a request to waive tipping fees from Jehovah Witness Kingdom Hall for renovations, a non-profit organization. It is estimated these costs will be $100 or less. 2016-363 MOVED by Councillor Church-Cornelius, SECONDED by Councillor Veinotte that Council approve the request of Jehovah Witness Kingdom Hall to waive tipping fees for renovations to be carried out on their facility. CARRIED. 6.5 Request for Direction from Senior Economic Development Officer regarding Chamber of Commerce. Marianne Grant, Economic Development Officer, reviewed the Request for Decision dated August 2016 regarding changes being undertaken by the Chester Municipal Chamber of Commerce and outlining three requests and expanding on their background of each: 1. Hosting the business directory component – to be moved from the Chamber’s website to the Municipality’s website (not to exceed $2,000). 2. Work with community groups interested in tourism to find a solution to VIC operation into the future. 3. Research possible options for tourism information hosting and updating. Councillor Church-Cornelius commented that there could be more information provided on the Municipality’s website for visitors and the CAO indicated that staff will be meeting on how to improve navigation on the website as well. Councillor Connors noted that she is following, with interest, the South Shore Regional Economic Network’s work on tourism/VICs. The Senior Economic Development Officer indicated that there has been some work done regarding VIC service delivery and she is waiting for that information. Council (continued) August 25, 2016 395 Councillor Connors referred to the correspondence from the Chamber (last paragraph) regarding things “shown to be most important to the businesses within our Municipality” and asked what that might be. Anthony Smith, Chair of the Chester Municipal Chamber of Commerce, provided information on a poll that was sent to members which resulted in their decision to change the structure – to remove costs as things members preferred did not have any particular costs. For instance, the Village businesses see a lot of benefit to having a VIC; however, businesses outside of the Village may not. 2016-364 MOVED by Councillor Veinotte, SECONDED by Councillor Connors that Council approve the following recommendations: 1. Direct the Senior Economic Development Officer to contract the current website host to add the business directory component. Not to exceed $2000. 2. Direct the Senior Economic Development Officer to work with community groups interested in tourism to find a solution to VIC operation into the future. 3. Direct to Senior Economic Development Officer to research possible options for tourism information hosting and updating. CARRIED. IN CAMERA There were no “In Camera” matters for review. ADJOURNMENT 2016-365 MOVED by Councillor Church-Cornelius, SECONDED by Councillor Connors the meeting adjourn. CARRIED. (9:37 a.m.) ___________________________ ___________________________ Allen Webber Pamela Myra Warden Municipal Clerk REQUEST FOR DECISION Prepared By: Garth Sturtevant, Development and Planning Assistant Date 7/28/2016 Reviewed By: Tara Maguire, CDD Director Date 7/28/2016 Authorized By: Tammy Wilson, CAO Date 8/24/2016 CURRENT SITUATION APPLICANT James Corkum, Charlotta Wagner PROPOSAL To purchase a portion of road reserve (PID 60581667) LOCATION Old Trunk #3 (PID 60581667) LOT SIZE 0.91 acres (39,639.6 sq. ft.) DESIGNATION Municipal Road Reserve ZONE Rural/Low Density Residential RECOMMENDATION Staff recommend that Council maintain ownership of the road reserve. Right-of-ways can be granted for adjacent landowners who wish to have access to their property across the road reserve. The three existing structures owned by Mr. Corkum may be permitted to remain in their existing locations. The coop will require a development permit (with municipal approval) and no new structures shall be permitted to be constructed within the road reserve. This allows the municipality to maintain control of the reserve for future development of streets, trails, water or sewer lines or any other use Council deems important. BACKGROUND A municipal road reserve (PID 60581667) has previously been considered for divestment to adjacent landowners. The issue was discussed by Council several times in 2005 but divestment could not occur immediately due to complications with the ownership of the land, held by the Trustees of the Chester Common. In 2008 the land was deeded to the Municipality of Chester, however, it does not appear that any further action was taken in moving to divest the lands. REPORT TO: Warden Webber and Members of Council SUBMITTED BY: Garth Sturtevant, Development and Planning Assistant DATE: May 19, 2016 SUBJECT: Request to Purchase a Portion of a Municipal Road Reserve (PID 60581667) ORIGIN: Motion Number or Other Origin 2 Request For Decision The topic was raised again during a Land Use Violation investigation. A complaint was received that several structures were located on the road reserve and were encroaching onto a neighbouring property. It was determined that the structures were located completely on the road reserve and no encroachment existed onto the neighbouring property. Following the conclusion of the investigation, two of the land owners originally involved in the discussions to purchase portions of the road reserve have inquired whether the option still exists to obtain a portion of the road reserve. In October 2005, Council did grant a right-of-way to James Corkum in order to provide improved access to his property. The right-of-way granted to Mr. Corkum states that it is for all purposes at all times. Council retains an easement to allow for utility installation. It should be noted that Mr. Corkum currently has structures located on this right-of-way. Two of the structures predate the Land Use By-law and do not require development permits in their current location. The third structure, a pheasant coop, has been built more recently and does require a development permit. A permit could be issued for the coop in its current location with municipal approval and sign-off, alternatively the coop could be relocated to Mr. Corkum’s property and a permit could then be issued. This issue was discussed with the Director of Public Works who stated that the existing structures may remain, however, if the land is required for a municipal purpose, the structures are to be removed at Mr. Corkum’s expense. It was recommended that no new structures be constructed on the road reserve. If the road reserve is divested to the adjacent landowners, this would divide the road reserve parcel and all of the structures would be required to be moved to sit completely on the owners’ portion of the reserve and meet current setbacks as described in the Land Use By-law. Development permits would then be required for all three structures in their new locations. SUBJECT PROPERTIES The road reserve property (PID 60581667) runs from Old Trunk #3 to Highway #3, is approximately 49.5 feet in width and has a total area of 0.91 acres. There are six properties that share a boundary with the road reserve with two of the properties held by a single owner. TIMELINE  PLAN OF SURVEY – dated November 8, 2004, prepared by Bruce Hyson (Turner Surveys). Showing Lot 3B (Wagner) and Road Reserve, including encroaching shed. 3 Request For Decision  Letter Dated July 13, 2005 – to James Corkum, Re: letter requesting to purchase Reserve Parcel. Ongoing attempt, need private members bill passed to facilitate the transfer of the property from Chester Commons Trustees to MODC before any conveyance can be done.  Memo to S. Lamey – Dated August 12, 2005 – to advise Finance & Public Properties Committee wishes the Solicitor to move forward with Private Members Bill which was by former Councillor and MLA John Chataway.  Letter Dated August 12, 2005 – Sent to: James Corkum, Fred Corkum, Charlotta Wagner, Parker Leasing, Allan Bremner and Cyril Armstrong. Advising that Council is prepared to grant 25 ft R-O-W over road reserve to allow James & Fred Corkum to access property via a driveway over the road reserve. Council is considering conveying the road reserve to adjoining owners but requires passing of the Private Members Bill.  Letter Dated August 17, 2005 – From Charlotta Wagner (62 Old Trunk 3). Charlotta states she was told the cost of the land would be the cost to survey which she has paid for ($3000).  October 12, 2005 – Grant of Right-of-Way to James, Fred & Helen Corkum. Registered.  September 16, 2008 – Trustee’s Deed from the Trustees of the Chester Common to the Municipality of the District of Chester recorded Sept. 16, 2008. DISCUSSION Based on preliminary discussions, both property owners are interested in obtaining portions of the road reserve. During previous divestitures of road reserves, Council has offered equal portions of the abutting portions of a property to adjacent landowners. If any landowners do not wish to receive a portion of the reserve, this portion may be redistributed amongst the remaining interested landowners. There are five unique landowners who share a property boundary with the road reserve. The road reserve has been identified in the Active Transportation playbook as a potential connector between the trail and Highway 3. The location of the entrance along Highway 3 is across from Our Health Centre. This positions the reserve as an ideal location for future trail connections. Council should consider the potential benefits of maintaining the road reserve in Municipal ownership for any future purposes such as road connections, recreation, sewer and/or water lines. The two interested landowners have been advised that a report is being prepared for consideration by Council. Following a decision on how to move forward, if required, staff will contact all adjacent property owners with information on the decision and what options are available to them. 4 Request For Decision IMPLICATIONS Policy If Council opts to divest of the property, the MGA (Section 51A) permits council to sell the property to an abutting land owner for less than market value where in the opinion of council, the land is of insufficient size or dimensions to be capable of any reasonable use. Although not a policy of Council, our past practice has been to offer half the portion of the property abutting a property to the adjacent land owners. Financial/Budgetary There is no budgetary impact if council opts for retaining the reserve. If Council opts to divest of the property, the revenue from the sale would be placed in reserves (MGA, Section 99 (3)). Environmental n/a Strategic Plan Retaining the property would support Council’s strategic goal to ensure sufficient infrastructure is available to best serve our residents and businesses by encouraging the development of a healthy community and the action to “Implement the Active Transportation Playbook”. Work Program Implications n/a OPTIONS Council may choose to: 1. maintain ownership of the road reserve; 2. divest the entire road reserve; 3. divest a portion or portions of the reserve while maintaining other portions; or 4. maintain ownership but grant additional right-of-way’s to the adjacent owners if requested. With this option, Council would maintain control over the use of the land as well as the ability to utilize the road reserve in the future if desired. The right-of-way could be structured to reserve easements for water and sewer lines or other uses as deemed appropriate. 5. maintain ownership of the road reserve and grant no additional right-of-way’s. COMMUNICATIONS (INTERNAL/EXTERNAL) If divestment is to occur, adjacent landowners will be contacted to determine interest. 5 Request For Decision ATTACHMENTS 1. Property Map 2. Plan of Survey, November 2004 3. Letter from G. MacDonald to James Corkum, July 15, 2005 4. Memorandum to Sam Lamey, August 12, 2005 5. Letters from Pam Myra to adjacent property owners, August 12, 2005 6. Motion 2005-396, granting ROW to James Corkum and Fred Corkum 7. Letter from Pam Myra to Cyril Armstrong, August 12, 2005 seeking input on granting ROW 8. Letter from Charlotta Wagner dated August 2005 indicating interest in purchasing a portion of the ROW 9. Copy of ROW agreement between MODC and James Corkum, Fredrick Corkum and Helen Corkum. 10. Copy of Trustee Deed granting ownership of ROW to MODC from Trustees of Chester Common REQUEST FOR DECISION Prepared By: Marianne Gates Date August 25, 2016 Reviewed By: Date Authorized By: Tammy Wilson, CAO Date August 27, 2016 CURRENT SITUATION The new MODC Brand was accepted by council on June 30, 2016. Since that time staff have worked to complete a brand roll out. August 8 marked a soft launch when the following items began to be used buy all staff: memos, letterhead, email signatures, Facebook, and Twitter. Additional items such as building signage, truck logos, applications/permits, and the website are being prepared and all other items will continue to be updated. Some items will be considered in subsequent budgets. Staff will diligently attempt to update all logos. It is difficult to determine how many external websites contain the old logo but as these are discovered, staff will replace. Staff would like to get direction from council on a more formal brand launch. RECOMMENDATION The following be completed to celebrate the new brand: 1. Press release issued. 2. Contests and prize giveaways of branded merchandise to be organized for a two month period BACKGROUND The soft launch garnered a positive response on Facebook with twenty likes, two shares and the following comments: - “Beautiful and well thought out logo. Bravo to you Chester NS” - “Love it! Great job to all involved. Is there a new tag line as well or just the logo for now? Either way, it’s sharp and fitting for us.” - “Nice! Yay my vote counted!” - “Very nice!” REPORT TO: Municipal Council SUBMITTED BY: Economic Development DATE: August, 2016 SUBJECT: Brand Roll Out ORIGIN: 2 Request For Decision/Direction While it will take an extended period of time to update all materials with the new logo, consistent use of the new brand logo will gain momentum, familiarity and recognition. DISCUSSION A press release and contests with giveaways of promotional items will help to gain recognition of the new logo throughout the municipality. Staff have delayed ordering promotional products until the new logo was approved. Additionally, some budget items were allocated for branded items with the new logo. As such, no additional budgets will be required to implement a brand roll- out plan as approved budgets will be used to order products with the new logo. The promotional items would be offered as prizes for contests on Facebook and Twitter and be given away at various events for two months. IMPLICATIONS Policy N/A Financial/Budgetary No new spending. Environmental N/A Strategic Plan Promote conditions conducive to fostering economic prosperity. Work Program Implications All staff OPTIONS 1. Direct staff to issue a press release and offer contests and giveaways of branded merchandise for a two month period. 2. Do nothing to promote the brand launch. ATTACHMENTS None COMMUNICATIONS (INTERNAL/EXTERNAL) Promote conditions conducive to fostering economic prosperity.