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HomeMy Public PortalAbout2017-02-09_Council_Public_Agenda PackagePage 1 of 2 MUNICIPAL COUNCIL AGENDA Thursday,February 9, 2017 at 8:45 a.m. Chester Municipal Council Chambers 151 King Street, Chester, NS 1.MEETING CALLED TO ORDER. 2.APPROVAL OF AGENDA/ORDER OF BUSINESS. 3.PUBLIC INPUT SESSION (8:45 A.M.–9:00 A.M.) 4.MINUTES OF PREVIOUS MEETING: 4.1 Council –January 26, 2017 6.MATTERS ARISING: 6.1 Amendment –Dog By-Law –Deferred from January 26, 2017 Council Meeting – with regard to Dog Kennels. 7.CORRESPONDENCE: 7.1 Letter from Gerard Gagnon dated January 27, 2017 regarding Our Health Centre Association and additional correspondence as follows:1.Copy of OHC’s latest financial newsletter;2.Copy of OHC’s high interest $1.5 million mortgage; and3.A list of OHC’s failed promises. 8.NEW BUSINESS: 8.1 Request for Discussion prepared by Department of Solid Waste dated January 24, 2017 regarding Shingles report. 8.2 Third Quarterly Financial Report –Director of Finance 5. COMMITTEE REPORTS: 5.1. Committee of the Whole Meeting – February 2, 2017 – Warden Webber 5.2 Citizens Planning Advisory Committee – January 9, 2017 (minutes only) 5.3 Any other Committees. Page 2 of 2 9.IN CAMERA: 9.1 Personnel Matter –Recreation. 10.ADJOURNMENT. MOTIONS REQUIRING APPROVAL OF COUNCIL FROM FEBRUARY 2, 2017 COMMITTEE OF THE WHOLE MEETING 2017-061 APPROVAL OF AGENDA – FEBRUARY 2, 2017 2017-062 APPROVAL OF MINUTES – JANUARY 19, 2017 2017-063 TO CONTINUE TO MONITOR FIRE DEPARTMENT CALL VOLUME AND TYPE AND CONTINUE WORK WITH PUBLIC EDUCATION AND BY-LAW ENFORCEMENT TO ASSIST IN THE REDUCTION OF FALSE ALARMS. MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff that the Committee of the Whole recommend to Council to continue monitoring call volume and type. Furthermore, it is recommended that work continue in public education and By-Law Enforcement to assist in the reduction of false alarms. CARRIED. 2017-064 TO AUTHORIZE STAFF TO DEVELOP AND IMPLEMENT THE 2017 SAFETY WORK PLAN MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that the Committee of the Whole recommend to Council to authorize staff to develop and implement the 2017 Safety Work Plan in support of continuous improvement to the MODC Health and Safety Program. CARRIED. 2017-065 TO TRANSITION THE EXISTING ISO 9001:2008 QUALITY MANAGEMENT SYSTEM TO ISO 9001:2015 MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that the Committee of the Whole recommend to Council to transition the existing ISO 9001:2008 Quality Management System to ISO 9001:2015; it is recommended that: • The Municipality address gaps identified in the preliminary assessment report within the regular course of business planning. • SAI Global conduct a final ISO 9001:2015 Quality Management System readiness evaluation and registration audit at a time determined by Strategic Management Team. Whereas the Municipality’s Quality Management System references a complementary suite of management system standards and best practices in addition to the ISO 9001:2015, it is further recommended that: • Council amend Quality Policy P-76 by replacing “working through the ISO 9001:2008 standard” with “working through ISO 9001 and other Management System Standards.” CARRIED. 2017-066 TO PROVIDE A LETTER OF SUPPORT FOR NOW LUNENBURG COUNTY REGARDING THEIR 2017 CROSS-COUNTRY TOUR. MOVED by Councillor Church, SECONDED by Councillor Barkhouse that the Committee of the Whole recommend to Council to provide a letter of support for NOW Lunenburg County regarding their 2017 cross-country tour promoting Lunenburg County. CARRIED. 2017-067 TO DIRECT STAFF TO DETERMINE CRITERIA AND FUNDING TO SELECT A RESIDENT TO TAKE PART IN THE NOW LUNENBURG COUNTY INITIATIVE FOR 2017. MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that the Committee of the Whole recommend to Council to direct staff to determine criteria and funding to select a resident to take part in the NOW Lunenburg County initiative for 2017. CARRIED. 2017-068 TO APPROVE THE ROAD NAME “CORMORANT LANE” IN CHESTER BASIN. MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that the Committee of the Whole recommend to Council to approve the road name “Cormorant Lane” in Chester Basin. CARRIED. 2017-069 TO DEFER THE REVIEW OF THE STRATEGIC PRIORITIES CHART MOVED by Councillor Assaff, SECONDED by Councillor Barkhouse to defer the review of the Strategic Priorities Chart until the February 16, 2017 meeting. Discussion: Deputy Warden Shatford asked if the chart would be changing and it was indicated that it would not change; it would be a review of the priorities set at the Strategic Priorities Session. CARRIED. 2017-070 TO AWARD THE VOC CENTRAL WATER SYSTEM: NEEDS ASSESSMENT AND OPTIONS ANALYSIS, AS PROPOSED TO CBCL LIMITED, HALIFAX, NS. MOVED by Councillor Church, SECONDED by Councillor Barkhouse that the Committee of the Whole recommend to Council to award the Village of Chester Central Water System: Needs Assessment and Options Analysis, as proposed, to CBCL Limited, Halifax, NS for the amount of $19,713.00 plus HST ($20,558 Net HST). CARRIED. 2017-071 TO MAKE AN EXECEPTION TO THE GRANT POLICY TO ALLOW A COMMUNITY GROUP/ORGANIZATION THAT MIGHT RECEIVE A VIC GRANT IN 2017 TO OPERATE A VIC. MOVED by Councillor Barkhouse, SECONDED by Councillor Church that the Committee of the Whole recommend to Council to make an exception to the Grant Policy to allow a community group/organization that might receive a VIC grant in 2017 to operate a VIC – that organization would still be eligible to apply for an annual grant from the Municipality. CARRIED. 2017-072 TO ACCEPT THE SCOPE OF WORK AND EVALUATION CRITERIA FOR THE EXPRESSION OF INTEREST FOR THE OPERATION OF A VISITOR INFORMATION CENTRE. MOVED by Councillor Veinotte, SECONDED by Councillor Assaff that the Committee of the Whole recommend to Council to accept the Scope of Work and Evaluation Criteria for the Expression of Interest for the operation of a Visitor Information Centre as reviewed and amended by Committee of the Whole. CARRIED. 2017-073 IN CAMERA 2017-074 ADJOURNMENT ____________________________________________________________________________________ Notice of Intention to Amend – 1st Reading – Council – 2nd Reading – Council – Effective Date – MUNICIPALITY OF THE DISTRICT OF CHESTER DOG BY-LAW BY-LAW # 140 DEFINITIONS 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 (h) 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 possess or harbour a 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 kind of dog. h. “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. DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________ Notice of Intention to Amend – 1st Reading – Council – 2nd Reading – Council – Effective Date – Page 2 of 13 k. "PUBLIC PROPERTY" has the same meaning as defined in Section 4 of the Public Properties By-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. l. “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 (l) 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. 4. DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________ Notice of Intention to Amend – 1st Reading – Council – 2nd Reading – Council – Effective Date – Page 3 of 13 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. 5. 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. 6. a. Any dog which is off the property occupied by the owner or a property defined in Section 6 (b) Part v without being under 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 or a property defined in Section 6 (b) Part v, keep the dog under 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 under continuous human restraint and control shall not be deemed to be running at large if at the time the dog is: i. participating in an organized hunt, dog exhibition event or dog field trials; DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________ Notice of Intention to Amend – 1st Reading – Council – 2nd Reading – Council – Effective Date – Page 4 of 13 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 as set 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 . 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 may have been incurred in the capturing and keeping of the dog, redeem the dog from the pound. DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________ Notice of Intention to Amend – 1st Reading – Council – 2nd Reading – Council – Effective Date – Page 5 of 13 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: i. has attacked or injured any person or property; or ii. 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 11 (b) or Section11 (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 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 DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________ Notice of Intention to Amend – 1st Reading – Council – 2nd Reading – Council – Effective Date – Page 6 of 13 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 may be 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 impounded 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 dog, 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 not 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 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. DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________ Notice of Intention to Amend – 1st Reading – Council – 2nd Reading – Council – Effective Date – Page 7 of 13 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. 13. 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. iii. 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. 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 an offence against this By-law and is subject on conviction to the penalty prescribed by in Section 20. KENNELS 17. In respect of kennels. DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________ Notice of Intention to Amend – 1st Reading – Council – 2nd Reading – Council – Effective Date – Page 8 of 13 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 new 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 regular 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 neighbours 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. ii. The kennel will not adversely affect the neighbourhood. iii. 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. vi. That the application conforms to the requirements of the Land Use By-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. i. 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 DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________ Notice of Intention to Amend – 1st Reading – Council – 2nd Reading – Council – Effective Date – Page 9 of 13 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 17 (e) by registered mail to inform them that a kennel license has been granted to the applicant. ii. 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. iii. 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: i. uphold the appeal and refuse the grant of the kennel license, or ii. uphold the granting of the kennel license with additional conditions, safeguards and limitations as may deem reasonably appropriate to protect the neighbourhood 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: i. The Clerk will write to the applicant by mail informing them of their decision. ii. The applicant will have fourteen (14) days from the date of receipt of the letter to lodge an appeal, in writing, with Council. iii. The appeal process will follow that outlined in Section 17 (z) thru Section 17 (cc) below. l. 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. Name ii. Location iii. Maximum number of dogs iv. Hours when dogs are permitted to be kept outside. Which shall be between the hours of 7:00am and 11:00pm in respect of the Chester Noise By-law (#135), DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________ Notice of Intention to Amend – 1st Reading – Council – 2nd Reading – Council – Effective Date – Page 10 of 13 unless more restrictive hours are deemed appropriate by the By-law Enforcement Officer pursuant to clause 17(h) v. Such other information as required from time to time by the Animal Control Officer or By-Law Enforcement Officer. n. 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 an 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; i. Issue a formal warning to the kennel owner; or ii. 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 iii. Issue an order revoking the kennel license; and iv. Report the incident to the SPCA. DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________ Notice of Intention to Amend – 1st Reading – Council – 2nd Reading – Council – Effective Date – Page 11 of 13 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 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 ii. 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 identified in the inspection, any breaches remain unresolved after the expiry date of such an order, or any new breaches are discovered, 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; i. Uphold the decision of the Animal Control Officer or By-Law Enforcement Officer; or ii. 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 hearing an appeal, the Municipal Council will write to the owner of the kennel, by registered mail, informing them of their decision. DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________ Notice of Intention to Amend – 1st Reading – Council – 2nd Reading – Council – Effective Date – Page 12 of 13 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. OFFENCES & PENALTIES 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; i. has attacked or injured any person or property; or ii. 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 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 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 (30) 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 Ten Thousand dollars ($10,000.00) and in default of payment to imprisonment for a term not exceeding thirty (90) days. 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 (30) 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. DOG BY-LAW # 140 (CONTINUED) _____________________________________________________________________________________________________________ ____________________________________________________________________________________ Notice of Intention to Amend – 1st Reading – Council – 2nd Reading – Council – Effective Date – Page 13 of 13 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. January 27, 2017 Chester Municipal Council; Last week’s presentation to Council by Don Munroe on behalf of his “Our Health Centre Association” was certainly a precursor of future visits to pressure Council to waste more taxpayer’s money on his office rental complex. At that meeting, when questioned by a Councilor why his Association had to take out a $1.5 million mortgage,I understand that his reply was a vague mention of HST rebates, etc. and that he did not know too much about it; their accountant had all the details. Mr. Munroe has been the president of his “Our Health Centre Association” for at least 2 years and he certainly must know the financial details of his operation and why this mortgage had to be taken, since he signed the high interest mortgage with the Royal Bank. If he insists that he is ignorant of any of the financial details concerning his group’s office rental scheme, he certainly should not be trusted with additional taxpayer’s money and should resign as president of this taxpayer funded association in favor of someone who understand thegroup’s financial obligations. OHC’s included newsletter professes that their project came in “under budget”at $4,150,000;that their capital campaign has raised $4.3 million. They also took out a $1.5 million mortgage. --This should leave the OHC Association with a surplus of $1.65 million after theproject’s cost of $4,150,000. They should be rolling in money; there is no reason for this Municipality’s taxpayers to give this group any more financial support. I would like Council to answer the following question: “Is Council in any way considering granting any more financial help to the “Our Health Centre Association”, and if so, explain”. Taxpayers should not be blindsided a second time by this OHC financial boondoggle. NOTE: 1.Included is a copy of OHC’s latest financial newsletter, 2.a copy of OHC’s high interest $1.5 million mortgage and 3.a list of OHC’s failed promises. Gerard Gagnon 3146 Hwy 3, RR 1, Chester N.S. B0J 1J0 902-275-3691 ggagnon@eastlink.ca •••••• OUR ··-· HEALTH •••••• CENTRE Healthier People - Healthier Communities OHC Admin Office 902.275. 3847 NSHA Receptionist 902 275 4414 Box 74, Chester, NS BOJ !JO 3769 Highway # 3 Chuitablc Registration• 82686 9703 RRO<X>I Press Release Jan 20, 2017 January 25. 2017 The OHC Association is pleased to announce that construction and provisioning of the centre has been completed under budget by approximately $350.000. making the final cost of the centre approximately $4.15M. To date. the OHC capital campaign has raised $4.3M towards its target of $4.::iM. "Hard work dedication and attention to details have led to the raising of funds for this project and to the wise expenditure of those funds. The biggest reward for all of that is certainly seeing people walk through the doors of the centre and the many positive comments the centre has received, but being able to share this good news is a tremendous reward for the members of the association and the OHC donors and supporters.• said Don Munroe. chair of the OHC board. Completing the building under budget is thanks to the professionalism and skill of Avondale. the general contractor. and the many trades and subcontractors involved in the project combined with the oversight and diligence of the OHC building committee and the project managers. costello Fitt. The OHC board on behalf of the associations' members wishes to thank the many individual community members. families. local businesses. and governments who have recognized the benefit of this project to the municipality and have given so generously. As the OHC project and campaign got underway. the vision was of a centre to promote health and wellness in this municipality that was funded by the community. built by the community and for the community. This goal has been achieved More than 50 percent of the project's funding has come from individual donors throughout the municipality. approximately 29 percent has come from corporate donors. while less than 18 percent has come from governments. The OHC Foundation will continue to raise funds to assist with the centre's operations and programming. Media contact: Lorraine Burch OHC General Manager 902·275-3847 lburch@ourhealthcentre.ca OHC Construction We beam Check out the development of Our Health Centre with a live web cam! Click here to 1'/iew Now CHASE : "HE "CE . '�1'1 ; !�.!! DRAW Share the'Health Order Tickets Online Now! View Our Winners! DMW/jch L"IS.073 BETWEEN: [Collateral Mortgage - Newfoundland, Nova Scotia, and Prince Edward Island] ;;'l 3 1-tL day of §'eptemh.:r , 2__Q_J_§_. OTJR HEALTH CENTRS ASSOCIATION, a Society incorporated under the Societies Act of Nova Scotia This Collateral Mortgage made this OF THE FIRST PART AND Royal Bank of Canada OF THE SECOND PART AND OF THE THIRD PART 1 .0 DEFINITIONS In this Collateral Mortgage, unless the context otherwise requires: (a) "Condominium Corporation" means the condominium corporation of which the Mortgagor is a member by virtue of ownership of the Mortgaged Premises; {bl "Condominium Unit(s)" means the condominium unit(s) and common interests appurtenant thereto described in Schedule "A" annexed hereto; (cJ "Customer" means _O_ u r __ H_e_a_l_t_h_C_e_n_t_r_e_A_s_s_o_c_1_ · a_ t _ : i o_n _ who is a customer of the Mortgagee. If more than one person is named as a Customer, the term "Customer" means all and any one or more of them and the liabilities of the Customer (as hereinafter defined) means the liabilities of all or any one or more of them to the Mortgagee; (d) "Guarantor" means the party or parties of the third part who has executed this Mortgage to guarantee the obligations of the Mortgagor pursuant to the provisions of Section 1 6 of this Mortgage; (e) "Indebtedness" means all obligations, debts and liabilities, present or future. direct or indirect, absolute or contingent, matured or not, extended or renewed, at any time owing by the Customer to the Mortgagee or remaining unpaid by the Customer to the Mortgagee heretofore or hereafter incurred or arising and whether incurred by or arising from agreement or dealings between the Mortgagee and the Customer or from any agreementor dealings with any third party by which the Mortgagee may be or become in any manner whatsoever a creditor of the Customer or however otherwise incurred or arising anywhere within or outside Canada and whether the Customer be bound alone or with another or others, and whether as principal or surety, and any ultimate unpaid balance thereof and whether the same is from time to time reduced and thereafter increased or entirely extinguished and thereafter incurred again, but it being agreed that this Mortgage at any one time will secure only that portion of the obligations, debts and liabilities outstanding at such time which does not exceed the sum of One Mil 1 ion Five HundI"ed - -- ------- -·-------------------- Dollars($ 1 sqg OOQ.09, *) (the "Principal Sum"). together with interest from the date'of er'rian at t e Interest Rate set out below; (fl "Interest Rate" means: (Use one of the two below and delete the other) er centum ( %) per annum, calculated and payable monthly as well after as rit , default and judgment, with interest on overdue interest at the same rate as on t e a� Sum; (b) Prime Rate Interest at a rate equal to the Mortgagee's Prime Interest Rate per annum in effect from time to time plus Five per centum C•. 000 % ) per annum calculated and payable monthly as well after as before maturity, defaut and judgment, with interest on overdue interest at the same rate as on the Principal Sum. For the purpose hereof, the Prime Interest Rate is the annual rate of interest announced from time to time by the Mortgagee as a reference rate then in effect Page 2 of_ for determining interest rates on Canadian dollar commercial loans in Canada. In the event that it may be necessary at any time for the Mortgagee to prove the Mortgagee's Prime Interest Rate applicable at any time, or times, it is agreed that the certificate in writing of the Mortgagee setting forth the Mortgagee's Prime Interest Rate as at any time, or times, shall be conclusive evidence as to the Mortgagee's Prime Interest Rate as in the certificate set forth; (g) "Loan" means any loan, facility or arrangement creating the Indebtedness; (h) "Loan Document" means any agreement or instrument evidencing the Indebtedness; (i) "Mortgagee" means (j) "Mortgaged Premises" means the lands described in Schedule "A" annexed hereto, together with all easements, rights of way, tenements, hereditaments, rights, privileges and appurtenances now or hereafter belonging or appertaining to these lands, and together with, if applicable, all buildings, erections, structures and appurtenances, fixed or otherwise, now or hereafter put on these lands and includes a Condominium Unit(s), if applicable; (k) "Mortgagor" means the party or parties of the first part. 2.0 RECITALS 2.1 The Mortgagee has requested from the Mortgagor security for the due payment of the Indebtedness. 2.2 The Mortgagor has agreed to execute this Mortgage for the purpose of securing to the Mortgagee payment of the Indebtedness. 3.0 CHARGE 3. 1 In consideration of the sum of $1.00, the Mortgagor assigns, conveys and mortgages, as beneficial owner by way of a first fixed and specific charge to the Mortgagee the Mortgaged Premises TO HOLD the Mortgaged Premises unto the Mortgagee: (a) as to leasehold lands, for all the residue yet to come and unexpired of the term granted by the lease of the same except the last day thereof which is excepted out of the Mortgaged Premises but in respect of which the Mortgagor shall stand possessed in trust for the Mortgagee for the purpose of this Mortgage; and (b) as to freehold lands, forever; as security for payment of the Indebtedness. 3.2 Provided that this Mortgage shall be void upon the Mortgagor paying upon demand to the Mortgagee the Principal Sum and all other amounts payable by the Mortgagor hereunder and upon the due performance of all covenants and conditions herein contained and on the part of the Mortgagor to be observed and performed, but shall otherwise remain in full force and effect. 4.0 COVENANTS 4.1 The Mortgagor covenants with the Mortgagee that: (a) The Mortgagor will pay upon demand that portion of the Principal Sum then outstanding, together with interest thereon from the date of demand at the Interest Rate, and on default the Mortgagee may enter and have quiet enjoyment of the Mortgaged Premises. (b) (i) The Mortgagor will pay all taxes, rates and assessments and show receipts on demand, or at the option of the Mortgagee, pay to the Mortgagee one-twelfth of the yearly taxes as estimated by the Mortgagee on the first day of each and every month during the term or continuance of this Mortgage and the Mortgagee shall apply such payments on account of the taxes so long as the Mortgagor shall not default under any covenant or agreement contained in this Mortgage, but nothing herein contained shall obligate the Mortgagee to apply such payments on account of the taxes more often than yearly; or prior to discount or interest dates; provided however that if the Mortgagor shall pay any sum or sums to the Mortgagee to apply on account of the taxes and if before the same shall have been so applied there shall be default by the Mortgagor in respect of any payment of the Indebtedness, the Mortgagee may at its option apply such sum or sums in or towards payment of the principal and/or interest in default; and in the event that the taxes actually levied for any one year together with any interest and penalties Page 3 of_ thereon exceed the estimated amount, the Mortgagor shall pay to the Mortgagee on demand the amount required to make up the deficiency; and if the Mortgagor desires to take advantage of any discounts or avoid any penalty in connection with the payment of the taxes, the Mortgagor shall pay to the Mortgagee such additional amounts as are required and shall direct the Mortgagee to make such payments for that purpose; and the Mortgagor shall transmit to the Mortgagee forthwith after receiving them, tax bills and other notices affecting the imposition of taxes upon the Mortgaged Premises. (ii) The Mortgagee shall allow the Mortgagor interest, at the rate prescribed by the Mortgagee on the minimum monthly balance outstanding in the mortgage account from time to time to the credit of the Mortgagor for payment of taxes, such interest to be credited to the mortgage account not less than once each year; and the Mortgagor shall be charged interest at the Interest Rate, on the debit balance, if any, of taxes in the mortgage account outstanding after payment of taxes by the Mortgagee until such debit balance is fully repaid. (c) The Mortgagor has a good freehold/leasehold title in fee simple to the Mortgaged Premises and the right to convey the Mortgaged Premises as hereby conveyed, that the Mortgaged Premises are free from encumbrances, and that the Mortgagor will procure such further assurances as may reasonably be required. (d) (i) The Mortgagor will forthwith insure and during the term or continuance of this Mortgage keep insured in favour of the Mortgagee against loss or damage by fire, lightning, windstorm, hail, explosion, impact, vandalism, malicious acts, civil disturbance or riot, smoke, falling objects and other risks, hazards and perils which the Mortgagee might require to the full extent of their replacement cost in lawful money of Canada, each and every building on the Mortgaged Premises and which may hereafter be erected thereon, both during erection and thereafter and all fixtures as hereinafter defined or referred to, and all other risks, hazards and perils of any nature or kind which the Mortgagee might require depending on the nature of the Mortgaged Premises or the use thereof, in a company or companies duly authorized to carry on business as such and shall pay all premiums and sums of money necessary for such purpose as the same shall become due; each policy of insurance shall provide that loss, if any, shall be payable to the Mortgagee as its interest may appear, subject to a standard form of mortgage clause or other mortgage clause approved by the Mortgagee, and the Mortgagor will forthwith assign, transfer and deliver over unto the Mortgagee the policy or policies of insurance and receipts thereto appertaining; and if the Mortgagor shall neglect to keep the said buildings or any of them insured as aforesaid, or to deliver such policies and receipts or to produce to the Mortgagee at least fifteen days before the termination of any insurance evidence of renewal thereof, the Mortgagee shall be entitled but shall not be obliged to insure the said buildings or any of them, and if the Mortgagee shall pay any premiums or sums of money for insurance for the buildings on the Mortgaged Premises or any part thereof the amount of such payment shall be added to the debt secured by this Mortgage and shall bear interest at the Interest Rate from the time of such payments and shall be payable at the time appointed for the next ensuing payment of interest on the said debt; and the Mortgagor shall forthwith on the happening of any loss or damage, furnish at his own expense all necessary proofs and do all necessary acts to enable the Mortgagee to obtain payment of the insurance monies and the production of this Mortgage shall be sufficient authority for the said insurance company to pay any such loss to the Mortgagee, and the said insurance company is hereby directed thereupon to pay the same to the Mortgagee; and any insurance monies received may, at the option of the Mortgagee, be applied in rebuilding, reinstating or repairing the Mortgaged Premises or be paid to the Mortgagor or any other person appearing by the registered title to be or to have been the owner of the Mortgaged Premises or be applied or paid partly in one way and partly in another, or it may be applied, in the sole discretion of the Mortgagee, in whole or in part, in payment of this Mortgage debt or any part thereof whether due or not then due. (ii) If the Mortgaged Premises are comprised of one or more Condominium Units, the insurance provisions set out in subparagraph (i) above will not apply and the following will apply to this Mortgage: The Mortgagor or the Condominium Corporation or both of them will forthwith insure and during the term or continuance of this Mortgage keep insured in favour of the Mortgagee against loss or damage by fire, lightning, windstorm, hail, explosion, impact, vandalism, malicious acts, civil disturbance or riot, smoke, falling objects and other risks, hazards and perils which the Mortgagee might require to the full extent of their replacement cost in lawful money of Canada, the Condominium Unit(s), both during erection and thereafter and all fixtures as herein defined or referred to and all other risks, hazards and perils of any nature or kind which the Mortgagee might require depending on the nature of the Condominium Unit(s) or the use thereof, in a company or companies approved by the Mortgagee; and the Mortgagor or the Condominium Corporation, or both of them, will forthwith provide to the Mortgagee certificates of insurance and such other evidence of insurance as the Mortgagee may require, and if the Mortgagor or Condominium Corporation, or both of them, shall Page 4 of_ neglect to keep the Condominium Unit(s) insured as aforesaid, or to deliver such certificates or evidence of insurance to the Mortgagee at least fifteen days before the termination of any insurance evidence of renewal thereof, the Mortgagee shall be entitled but shall not be obligated to insure the Condominium Unit(s); and the Mortgagor or the Condominium Corporation or both of them shall forthwith on the happening of any loss or damage comply fully with the terms of the policy, or policies of insurance and, without limiting the generality of the obligation of the Mortgagor to observe and perform all the duties and obligations imposed on the Mortgagor by the Condominium Act and by the Declaration and By-laws of the Condominium Corporation, shall comply with the insurance provisions of the Declaration; and the Mortgagor as a member of the Condominium Corporation shall seek the full compliance by the Condominium Corporation of the aforementioned covenants. (e) The Mortgagor will keep the Mortgaged Premises in good condition and repair according to the nature and description thereof and if the Mortgaged Premises are not kept in good condition and repair or any act of waste is committed thereon by the Mortgagor or any person, whether or not the Mortgagor has control over the acts of that person, or if the Mortgagor defaults the Mortgagee may enter and complete, repair or manage the Mortgaged Premises and recover all reasonable costs with interest at the Interest Rate as part of this Mortgage. (f) The Mortgagor will not make or permit to be made any demolition, alterations or additions to the Mortgaged Premises without the consent of the Mortgagee, and will not use the Mortgaged Premises or permit them to be used without the consent of the Mortgagee for a purpose other than disclosed to the Mortgagee in the application for this Mortgage. (g) The Mortgagee or agent of the Mortgagee may, at any time, enter upon the Mortgaged Premises to inspect the Mortgaged Premises, and the reasonable costs of such inspection shall be added to the Indebtedness secured by this Mortgage. (h) The Mortgagor will at all times promptly observe, perform, execute and comply with all applicable laws, rules, requirements, orders, directions, by-laws, ordinances, work orders and regulations of every governmental authority and agency whether federal, provincial, municipal or otherwise, including without limiting the generality of the foregoing, those dealing with zoning, use, occupancy, subdivision, parking, historical designations, fire, access, loading facilities, landscaped area, pollution of the environment, toxic materials or other environmental hazards, building construction, public health and safety, and all private covenants and restrictions affecting the Mortgaged Premises or any portion thereof and the Mortgagor will from time to time, upon request of the Mortgagee, provide to the Mortgagee evidence of such observance and compliance, and will at the Mortgagor's own expense make any and all improvements thereon or alterations to the Mortgaged Premises, structural or otherwise, and will take all such other action as may be required at any time by any such present or future law, rule, requirement, order, direction, by-law, ordinance, work order or regulation. (i) In the event of default being made under any of the terms of this Mortgage, the Mortgagee shall be entitled to send an inspector or agent to inspect and report upon the value, state, and condition of the Mortgaged Premises and a solicitor to examine and report upon the title to the Mortgaged Premises at the Mortgagor's expense, and all expenses incurred in so doing, together with all costs and charges (including solicitor and client costs) which the Mortgagee may incur or pay in collecting or attempting to collect the Principal Sum and any other monies secured hereunder, or in enforcing or attempting to enforce any of the remedies and powers herein contained for the recovery of the Principal Sum and any other monies secured hereunder, whether the proceedings taken prove abortive or not, and in recovering or attempting to procure possession of and keeping possession of the Mortgaged Premises or any part thereof, shall form and be a charge upon the Mortgaged Premises, and shall be payable forthwith to the Mortgagee by the Mortgagor, and shall bear interest at the Interest Rate computed from the time of payment. (j) In the event of the Mortgagor selling, conveying, transferring, or entering into any agreement of sale or transfer of the title of the Mortgaged Premises to a purchaser, grantee or transferee not approved by the Mortgagee, then at the option of the Mortgagee, the Principal Sum and any other monies secured hereunder shall forthwith become due and payable. (k) The Mortgagor will not, without the prior written consent of the Mortgagee, give any further mortgage or charge of the Mortgaged Premises while this Mortgage is still outstanding and undischarged and if the Mortgagor should mortgage or charge the Mortgaged Premises in contravention of this paragraph then, at the option of the Mortgagee, the Principal Sum and any other monies secured hereunder shall forthwith become due and payable. (I) Any sum owing or required by this Mortgage to be paid by the Mortgagor to the Mortgagee shall be added to the Principal Sum and shall form a charge on the Mortgaged Premises and shall bear interest at the Interest Rate until paid. Page 5 of_ 5 .0 APPLICATION OF PAYMENTS 5.1 PROVIDED that, in the case of any default by the Mortgagor, the Mortgagee may then apply any payments received during the period of default in whatever order it may elect as between principal, taxes, interest, repairs, insurance premiums or other advances made on behalf of the Mortgagor. 6.0 ACTS OF DEFAULT 6. 1 PROVIDED that in default of the payment of the Principal Sum and any other monies secured hereunder, or on breach of any covenant or proviso herein contained, or if waste be committed by the Mortgagor or any other person, whether or not the Mortgagor has control over the acts of that person, or if the Mortgagor should make an assignment for the benefit of creditors, or a proposal under the Bankruptcy and Insolvency Act, or Companies' Creditors Arrangement Act or have a bankruptcy petition presented against the Mortgagor, or if the Mortgagor should allow a creditor to enter judgment against the Mortgagor by reason of its financial inability to pay a debt or debts, the whole of the Principal Sum and any other monies secured hereunder remaining unpaid shall become payable, but the Mortgagee may waive its right to demand payment of the Principal Sum and any other monies secured hereunder and shall not be therefor debarred from subsequently asserting and exercising its right to call in the Principal Sum and any other monies secured hereunder by reason of such waiver or by reason of any future def a ult, and the Mortgagor agrees that neither the execution nor registration of this Mortgage, nor the advancing of any part of the Loan, shall bind the Mortgagee to advance any further part of the Loan, but the advance of the Loan or any part thereof shall be in the sole discretion of the Mortgagee. 7 .0 PRIOR ENCUMBRANCES 7. 1 PROVIDED that the Mortgagee may pay the amount of any encumbrance, lien or charge now or hereafter existing or to arise or be claimed upon the Mortgaged Premises, having priority over this Mortgage, including any arrears of taxes or other rates on the Mortgaged Premises or any of them, and may pay all costs, charges and expenses which may be incurred in taking, recovering and keeping possession of the Mortgaged Premises and all solicitors' charges or commissions for or in respect of the collection of any overdue interest, principal, insurance premiums or any other monies whatsoever payable by the Mortgagor thereunder, as between solicitor and client, whether any action or other judicial proceeding to enforce such payment has been taken or not and the amounts so paid shall be added to the Indebtedness hereby secured and be a charge on the Mortgaged Premises and shall bear interest at the Interest Rate, and shall be forthwith payable by the Mortgagor to the Mortgagee and the non-payment of such amount shall entitle the Mortgagee to exercise the powers exercisable for breach of covenant hereinbefore contained. In the event of the Mortgagee paying the amount of any such encumbrance, lien or charge, taxes or rates, either out of the monies advanced on this security or otherwise, it shall be entitled to all the rights, equities and securities of the person or persons, company, corporation or government so paid off. 8.0 JUDGMENT 8.1 The taking of a judgment in respect of the Indebtedness or any instrument or instruments now or hereafter representing or evidencing the Indebtedness, or under any of the covenants herein, or in any such instrument contained or implied, shall not operate as a merger of the Indebtedness or such instrument, instruments or covenants, nor affect the Mortgagee's right to interest at the Interest Rate, nor affect nor prejudice any rights or remedies given to the Mortgagee by the terms hereof. 9.0 FIXTURES 9.1 All machinery and improvements, fixed or otherwise, and even though not attached to the Mortgaged Premises otherwise than by their own weight, are and shall, in addition to other fixtures thereon, be and become fixtures and an accession to the freehold and a part of the Mortgaged Premises as between the parties hereto, their heirs, executors, administrators, successors, legal representatives and assigns and all persons claiming by, through or under them and shall be security for the Indebtedness. 10.0 AGREEMENT BETWEEN THE MORTGAGOR AND MORTGAGEE 10. 1 IT IS AGREED BY AND BETWEEN THE MORTGAGOR AND MORTGAGEE as follows: (a) That no part of the Indebtedness existing at the date of this Mortgage, or incurred or arising thereafter, shall be deemed to be unsecured by this Mortgage. (b) That this Mortgage is and shall be a continuing collateral security to the Mortgagee for the amount of the Indebtedness as herein provided and shall be . deemed to be taken as security for the ultimate balance of the Indebtedness and this Mortgage shall not, nor shall anything herein contained operate so as to create any merger or discharge of any debt Page 6 of_ owing to the Mortgagee or any lien, bond, promissory note or bill of exchange or other security held by or which may hereinafter be held by the Mortgagee from the Mortgagor or from the Customer or from any other person or persons and this Mortgage shall not in any way prejudicially affect such security held or which may hereafter be held by the Mortgagee for the liabilities or any part thereof, or the liability of any endorser or any other person or persons upon any such lien, bond, bill of exchange, promissory note or other security or contract or any renewal or renewals thereof held by the Mortgagee for or on account of the said liabilities or any part or parts thereof, nor shall the remedies of the Mortgagee in respect thereof be prejudiced or delayed in any manner whatsoever by the taking of this Mortgage. (c) That any and all payments made in respect of the Indebtedness and interest and the monies or other proceeds received from the sale of any securities held therefor, including this Mortgage, may be applied and reapplied notwithstanding any previous application on such part or parts of the Indebtedness as the Mortgagee may see fit or may be held unappropriated in a separate collateral account for such time as the Mortgagee may see fit. (d) That the Mortgagee may grant time, renewals, extensions, indulgences, releases and discharges to, may take securities and guarantees from and give the same and any and all existing securities and guarantees up to, may abstain from taking securities or guarantees from or perfecting securities or guarantees of, may accept compositions from and may otherwise deal with the Mortgagor, the Customer, the Guarantor and all other persons, securities and guarantees as the Mortgagee may see fit without prejudicing the rights of the Mortgagee under this Mortgage. 11 .0 CHANGE OF CORPORATE CONTROL 11 . 1 Where the Mortgagor is a corporation, the Mortgagor covenants and agrees in the event that: (a) the Mortgagor fails to supply to the Mortgagee, in a form satisfactory to the Mortgagee, such information relating to the ownership of its shares as the Mortgagee may from time to time require, or (b) without the written consent of the Mortgagee first had and obtained, (i) the Mortgagor issues or redeems any of its shares or transfers any of its shares; (ii) there is a sale or sales of shares of the Mortgagor which results in the transfer of the legal or beneficial interest of a majority of the shares of the Mortgagor; or (iii) there is a change in the effective control of the majority of the voting shares of the Mortgagor. The Principal Sum secured by this Mortgage together with all interest and other monies owing hereunder shall forthwith become due and payable at the option of the Mortgagee and the Mortgagee's powers of sale hereby given and all other remedies for enforcement shall be exercisable. 12.0 RECEIVERSHIP 12.1 Notwithstanding anything herein contained, it is declared and agreed that if at any time when there shall be default under the provisions of this Mortgage, the Mortgagee may, at such time and from time to time, and with or without entry into possession of the Mortgaged Premises, or any part thereof, by instrument in writing appoint any person, whether an officer or officers or an employee or employees of the Mortgagee or not, to be a receiver (which term, as used herein, includes a receiver manager) of the Mortgaged Premises, or any part thereof, and of the rents and profits thereof, and with or without security, and may from time to time by similar writing remove any receiver and appoint another receiver, and that, in making any such appointment or removal, the Mortgagee shall be deemed to be acting as the agent or attorney for the Mortgagor, but no such appointment shall be revocable by the Mortgagor. Upon the appointment of any such receiver from time to time, the following provisions shall apply: (a) Every such receiver shall have unlimited access to the Mortgaged Premises as agent and attorney for the Mortgagor (which right of access shall not be revocable by the Mortgagor) and shall have full power and unlimited authority to: (i) collect the rents and profits from tenancies, whether created before or after this Mortgage; (ii) rent any portion of the Mortgaged Premises which may become vacant on such terms and conditions as the receiver considers advisable and enter into and execute leases, accept surrenders and terminate leases; (iii) complete the construction of any building or buildings or other erections or improvements on the Mortgaged Premises left by the Mortgagor in an unfinished state Page 7 of_ or award the same to others to complete and purchase, repair and maintain any personal property including, without limitation, appliances and equipment, necessary or desirable to render the premises operable or rentable, and take possession of and use or permit others to use all or any part of the Mortgagor's materials, supplies, plans, tools, equipment (including appliances) and property of every kind and description; and (v) manage, operate, repair, alter or extend the Mortgaged Premises or any part thereof. The Mortgagor undertakes to ratify and confirm whatever any such receiver may do in the Mortgaged Premises. (b) The Mortgagee may, at its discretion, vest the receiver with all or any of the rights and powers of the Mortgagee. (c) The Mortgagee may fix the reasonable remuneration of the receiver who shall be entitled to deduct the same out of the revenue or the sale proceeds of the Mortgaged Premises. (d) Every such receiver shall be deemed to be the agent or attorney of the Mortgagor and, in no event, the agent of the Mortgagee and the Mortgagee shall not be responsible for his acts or omissions. (e) The appointment of any such receiver by the Mortgagee shall not result in or create any liability or obligation on the part of the Mortgagee to the receiver or to the Mortgagor or to any other person and no appointment or removal of a receiver and no actions of a receiver shall constitute the Mortgagee a mortgagee in possession of the Mortgaged Premises. (f) No such receiver shall be liable to the Mortgagor to account for monies other than monies actually received by the receiver in respect of the Mortgaged Premises, or any part thereof, and out of such monies so received every such receiver shall, in the following order, pay: (i) the receiver's remuneration aforesaid; (ii) all costs and expenses of every nature and kind incurred by the receiver in connection with the exercise of the receiver's power and authority hereby conferred; (iii) interest, principal and other money which may, from time to time, be or become charged upon the Mortgaged Premises in priority to this Mortgage, including taxes; (iv) to the Mortgagee all interest, principal and other monies due hereunder to be paid in such order as the Mortgagee, in its discretion, shall determine, and thereafter, every such receiver shall be accountable to the Mortgagor for any surplus. The remuneration and expenses of the receiver shall be paid by the Mortgagor on demand and shall be a charge on the Mortgaged Premises and shall bear interest from the date of demand at the Interest Rate. (g) Save as to claims for accounting under clause (f) of this paragraph, the Mortgagor hereby releases and discharges any such receiver from every claim of every nature, whether sounding in damages or not, which may arise or be caused to the Mortgagor or any person claiming through or under the Mortgagor by reason or as a result of anything done by such receiver unless such claim be the direct and proximate result of dishonesty or fraud. (h) The Mortgagee may, at any time and from time to time, terminate any such receivership by notice in writing to the Mortgagor and to any such receiver. (i) The statutory declaration of an officer of the Mortgagee as to default under the provisions of this Mortgage and as to the due appointment of the receiver pursuant to the terms hereof shall be sufficient proof thereof for the purposes of any person dealing with a receiver who is ostensibly exercising powers herein provided for and such dealing shall be deemed, as regards such person, to be valid and effectual. (j) The rights and powers conferred herein in respect of the receiver are supplemental to and not in substitution of any other rights and powers which the Mortgagee may have. 13.0 WHERE THE MORTGAGOR IS NOT THE CUSTOMER 13.1 In the event that any one or more of the Mortgagor is not also the Customer, each such Mortgagor which is not also the Customer (hereinafter in this section 13.1 called "such Mortgagor") jointly and severally covenants with the Mortgagee as follows: (a) this Mortgage and the covenants, provisos, obligations and agreements on the part of the Mortgagor herein contained shall be the continuing obligations and liability of each such Mortgagor and shall cover all of the liabilities and obligations of the Mortgagor hereunder and shall apply to and shall secure the ultimate balance of the Principal Sum, together with Page 8 of_ all interest thereon, and any other monies secured hereunder; (b) the Mortgagee shall not be bound to exhaust its recourse against the Customer or others or any securities (which term when used in this section 13.1 includes guarantees) it may at any time hold before being entitled to payment from each such Mortgagor of the Principal Sum, together with all interest thereon, and any other monies secured hereunder and each such Mortgagor renounces to all benefits of discussion and division; (c) this Mortgage and the liabilities and obligations of each such Mortgagor hereunder shall not be affected by the death or loss or diminution of capacity of the Customer or of any such Mortgagor or by any change in the name of the Customer or in the membership of the Customer's firm through the death or retirement of one or more partners or the introduction of one or more other partners or otherwise, or by the acquisition of the Customer's business by a corporation, or by any change whatsoever in the objects, capital, structure or constitution of the Customer, or by the Customer or the Customer's business being amalgamated with a corporation or corporations, or wound up or its corporate existence terminated but shall notwithstanding the happening of any such event continue to exist and apply to the full extent as if such event had not happened; (d) this Mortgage shall not be considered as wholly or partially satisfied by the payment or liquidation at any time or times of any sum or sums of money for the time being due or remaining unpaid to the Mortgagee and all dividends, compositions, proceeds of security valued and payments received by the Mortgagee from the Customer or from others or from estates shall be regarded for all purposes as payments in gross without any right on the part of any Mortgagor to claim in reduction of his liability under this Mortgage, the benefit of any such dividends, compositions, proceeds or payments or any securities held by the Mortgagee or proceeds thereof, and none of such Mortgagors shall have the right to be subrogated in any rights of the Mortgagee until the Mortgagee shall have received payment in full of all Indebtedness; (e) all of the Principal Sum and any other monies secured hereunder or intended to be secured hereby' shall be deemed to form part of the obligations, debts and liabilities of each such Mortgagor notwithstanding any lack or limitation of status or of power, incapacity or disability of the Customer or of the directors, partners or agents thereof, or that the Customer may not be a legal or suable entity, and notwithstanding any irregularity, defect or informality in the borrowing or obtaining of such monies, advances, renewals or creditors, or in the taking or registering of this Mortgage or any other securities, the whole whether known to the Mortgagee or not; and all the Principal Sum and any other monies secured hereunder shall be recoverable from each such Mortgagor as sole or principal debtor in respect thereof and shall be paid to the Mortgagee on demand with interest and accessories; and (f) each such Mortgagor shall be bound by any account settled between the Mortgagee and the Customer, and if no such account has been so settled immediately before demand of payment hereunder any account stated by the Mortgagee shall be accepted by such Mortgagor and each of them as conclusive evidence of the amount which at the date of the account so stated is due by the Customer to the Mortgagee or remains unpaid by the Customer to the Mortgagee. 14.0 BUILDINGS, ADVANCES AND COST OF SEARCH 14. 1 It is the intention of the parties hereto that the building or buildings erected or to be erected on the Mortgaged Premises form part of the security for the Principal Sum secured by this Mortgage; and that all advances are to be made in such manner at such times and in such amounts up to the full amount of the Principal Sum as the Mortgagee in its sole discretion may determine, and subject always to the provision to which the Mortgagor hereby agrees that notwithstanding the execution or registration of this Mortgage or the advancement of any part of the Loan, the Mortgagee is not bound to advance the Loan or any unadvanced portion thereof and the advance of the Loan and any part thereof from time to time shall be in the sole discretion of the Mortgagee, but nevertheless, this Mortgage hereby made shall take effect forthwith upon execution by the Mortgagor and the expenses of the examination of the title and of this Mortgage and valuation are to be secured hereby in the event of the whole or any balance of the Loan not being advanced, the same to be charged hereby upon the Mortgaged Premises and shall be without demand thereof, payable forthwith with interest at the Interest Rate and in default, the Mortgagee's power of sale hereby given and all other remedies hereunder shall be exercisable. 1 5.0 EXTENSIONS 15.1 PROVIDED that no extension of time given by the Mortgagee to the Mortgagor, or anyone claiming under the Mortgagor or any other dealing with the owner of the Mortgaged Premises, shall in any way affect or prejudice the rights of the Mortgagee against the Mortgagor or any other person liable for the payment of the monies hereby secured. Page 9 of_ 16.0 GUARANTEE OF MORTGAGE 16.1 IN CONSIDERATION of the Mortgagee making loans, accommodations, advances or other extensions of credit to the Customer which are the basis for the Indebtedness, each Guarantor hereby agrees with the Mortgagee as follows: (a) Each Guarantor hereby: (i) guarantees the payment by the Mortgagor to the Mortgagee of all of the Principal Sum and other liabilities of the Mortgagor secured or payable under this Mortgage, present or future covenant, direct or indirect, absolute or contingent, matured or not, including, without limitation, principal, interest, taxes, fees and expenses as and when the same are due and payable under this Mortgage (the "Guaranteed Amounts"); and (ii) covenants and agrees to perform all other covenants and obligations of the Mortgagor under this Mortgage as and when the same are required to be observed or performed under this Mortgage (the "Guaranteed Covenants"); in each case without any demand required to be made. The obligations of the Mortgagor to pay the Guaranteed Amounts and perform and observe the Guaranteed Covenants are hereinafter collectively referred to as the "Guaranteed Obligations", and this guarantee is hereinafter referred to as the "Guarantee". (b) If there is more than one Guarantor, the obligations of the Guarantors hereunder shall be joint and several; and any reference herein to "the Guarantor" is to each and every such Guarantor. (c) If any monies or amounts expressed to be owing or payable under this Guarantee by the Guarantor are not recoverable from the Guarantor, or any of them, on the footing of a guarantee for any reason whatever, such monies or amounts may be recovered from the Guarantor, or any of them, as a primary obliger and principal debtor in respect of such monies or amounts, regardless of whether such monies or amounts are recoverable from the Mortgagor or would be payable by the Mortgagor to the Mortgagee. For greater certainty, but without restricting the generality of the foregoing, if the Mortgagee is prevented or restricted from exercising its rights or remedies with respect to any of the Guaranteed Obligations, including, without limitation, the right of acceleration, the right to be paid interest at the Interest Rate in respect of the Guaranteed Obligations or the right to enforce or exercise any other right or remedy with respect to the Guaranteed Obligations, the Guarantor agrees to pay the amount that would otherwise have been due and payable had the Mortgagee been permitted to exercise such rights and remedies in accordance with the terms agreed to between the Mortgagor and the Mortgagee; provided, however, that the foregoing characterization of the liability of the Guarantor as that of a primary obliger and principal debtor is not intended and shall not be interpreted to confer on the Guarantor, or any of them, any right, benefit or advantage that the Guarantor would not otherwise have in the absence of such characterization. (d) Without giving notice to or obtaining the consent or concurrence of any Guarantor, the Mortgagee may: (i) grant any time, indulgences, waivers or extensions of time for payment of any of the Guaranteed Obligations; (ii) grant any renewals or extensions of this Mortgage, with or without a change in the Interest Rate or in any other terms or conditions of this Mortgage, and whether by express agreement signed by the Mortgagor or otherwise (including, without limitation, by way of an automatic renewal or extension); (iii) change the interest rate provided in this Mortgage, either during the initial term thereof or in any subsequent extension or renewal term, whether by way of increase, decrease, change in the reference rate by which such interest rate is calculated or determined; change from a fixed rate to a variable or floating rate, or from a variable or floating rate to a fixed rate, or otherwise; (iv) otherwise amend, supplement, modify, vary or otherwise change any of the terms or conditions of this Mortgage in any manner whatever; (v) release or discharge from this Mortgage the whole or any part of the Mortgaged Premises or any other security for the Indebtedness; (vi) advance additional principal amounts to the Customer pursuant to any provision of this Mortgage and/or a Loan Document that permits the Customer to borrow such additional principal amounts from the Mortgagee; (vii) permit the Customer to prepay the Indebtedness, in whole or in part, or to skip any one or more scheduled instalments of payments of principal and interest, or to pay one or more such scheduled instalment on a scheduled payment date under a Loan Document that permits such prepayment, skipping or multiple payments or otherwise; Page 10 of_ (viii) accept compositions, compromises or proposals from the Customer or otherwise deal with the Customer or any other person (including, without limitation, the Guarantor or any other guarantor of the Guaranteed Obligations), any security (including, without limitation, this Mortgage) or the Mortgaged Premises or any security as the Mortgagee sees fit, including, without limitation, realizing on, releasing, accepting substitutions for or replacing any of the security for the Indebtedness; (ix) release or discharge any Guarantor, or one or more other co-covenantors or guarantors or Mortgagors in respect of this Mortgage, whether under this Guarantee or otherwise; or (x) release any subsequent legal or beneficial owner of the Mortgaged Premises from any liability for the Guaranteed Obligations, or any of them, or refrain from requiring any such owner to assume any such liability; and none of the foregoing actions shall in any way lessen, limit or otherwise affect the obligations or liability of any Guarantor under the Guarantee, regardless of whether any such action has the effect of amending or varying this Mortgage or increasing, expanding or otherwise altering the nature, effect, term, extent or scope of the Guaranteed Obligations. The Guaranteed Obligations and the liability of each Guarantor hereunder shall extend to and include the obligations of the Mortgagor under this Mortgage as so amended, renewed, extended or varied and the Guaranteed Obligations as so increased, expanded or altered without further action on the part of the Mortgagee or the consent or concurrence of any Guarantor; and for greater certainty and without limiting the foregoing, if the interest rate provided in this Mortgage is increased or otherwise altered, the Guaranteed Obligations and the liability of each Guarantor hereunder shall be extended to and include the obligation of the Mortgagor to pay interest at such increased or altered rate. (e) The obligations of the Guarantor hereunder shall be unaffected by: (i) any lack or limitation of status or power, disability, incapacity, death, dissolution or other circumstances relating to the Mortgagor, the Customer or any Guarantor or any other party; (ii) any irregularity, defect, unenforceability or invalidity in respect of the Indebtedness or this Mortgage or any indebtedness, liability or other obligation of the Mortgagor or any other party; (iii) any release or discharge of the Guaranteed Obligations except by reason of their irrevocable payment and satisfaction in full; (iv) any judgment obtained against the Mortgagor, or the taking, enforcing, exercising or realizing on, or refusing or neglecting to take, enforce, exercise or realize on, or negligence in taking, enforcing, exercising or realizing on, any security (including without limitation any money on deposit and any guarantee) or any right or remedy, from or against the Mortgagor or any other party or their respective assets or releasing or discharging, or failing, refusing or neglecting to maintain, protect, renew or perfect, any security (including without limitation any money on deposit or any guarantee) or any right or remedy; (v) any change in the name, control, objects, business, assets, capital structure or constitution of the Mortgagor, the Customer or any Guarantor, or any merger or amalgamation of the Mortgagor, the Customer or any Guarantor under the laws of a jurisdiction other than the jurisdiction under which the Mortgagor, the Customer or Guarantor was originally formed, or any change in the membership of the Mortgagor, the Customer or any Guarantor, if a partnership, through the death, retirement or introduction of one or more partners, or otherwise; and each reference to the "Mortgagor", the "Customer", or the "Guarantor" in this Mortgage will be deemed to include each corporation and each partnership resulting from any of the foregoing; (vi) any law, regulation or decree now or hereafter in effect which might in any manner affect any of the terms or provisions of this Mortgage or the Guarantee, or the Mortgagor, the Customer or any Guarantor; (vii) any failure on the part of the Mortgagee to perfect, maintain or enforce its rights whether due to its default, negligence or otherwise on the part of the Mortgagee with respect to this Mortgage, or any other security granted to the Mortgagee relating to this Mortgage or the Indebtedness; and (viii)any other circumstances whatsoever (with or without notice to or the knowledge of the Guarantor) which may or might in any manner or to any extent vary the risk of the Guarantor hereunder, or might otherwise constitute a legal or equitable discharge of a surety or guarantor; It being the purpose and intent of each Guarantor that the liabilities and obligations of each Guarantor under this Mortgage shall be absolute and unconditional under any and all circumstances. Page 11 of_ (f) Unless and until all the Guaranteed Obligations have been irrevocably paid and satisfied in full, the Guarantor shall not be subrogated to any of the rights or claims of the Mortgagee in respect of any of the Guaranteed Obligations, or under any security agreement or guarantee or other instrument which may at any time be held by or on behalf of the Mortgagee, and the Guarantor shall not seek any reimbursement from the Mortgagor. (g) The obligations of the Guarantor under this Guarantee shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced the obligations of the Guarantor or any of them under this Mortgage (whether such payment shall have been made by or on behalf of the Mortgagor or the Guarantor or any of them) is rescinded, or is reclaimed from the Mortgagee, upon the insolvency, bankruptcy, liquidation, dissolution or reorganization of the Mortgagor, the Customer or the Guarantor or any of them, or for any other reason. (h) The Mortgagee shall have no obligation to enforce any rights or remedies or security or guarantees or to take any other steps against the Mortgagor, the Customer or any other party or any assets of the Mortgagor, the Customer or of any other party before being entitled to demand payment or performance by any Guarantor of its obligations under this Mortgage. Each Guarantor hereby waives all benefit of discussion and division. (i) Any Guarantor may, by notice in writing delivered to the manager of the branch or agency of the Mortgagee receiving this instrument, terminate the Guarantor's liability under this Mortgage with effect from and after the date (the "Termination Oaten) that is 30 days following the date of such notice in respect of Guaranteed Obligations incurred or arising at any time on or after the Termination Date but not in respect of any Guaranteed Obligations incurred, arising or existing before the Termination Date, even though not then matured. Notwithstanding the foregoing, the Mortgagee may fulfil any requirements of the Mortgagor under this Mortgage or any Indebtedness requested by the Mortgagor prior to the receipt of such notice, and any liabilities of the Mortgagor resulting from such fulfilment shall be added to the Guaranteed Obligations and shall be secured by this Mortgage. Termination of the liability of one or more of the Guarantors shall not affect the liability of any other Guarantor. (j) Each Guarantor shall indemnify and save harmless the Mortgagee from and against all losses, damages, costs and expenses which the Mortgagee may sustain, incur or become liable for by reason of: (i) the failure, for any reason whatever, of the Mortgagor to pay any amounts expressed to be payable pursuant to the provisions of this Mortgage, regardless of whether the Mortgagor's obligation to pay such amounts is valid or enforceable against the Mortgagor; (ii) the failure, for any reason whatever, of the Mortgagor to perform any other obligation under this Mortgage; or (iii) any act, action or proceeding of or by the Mortgagee for or in connection with the recovery of such amounts or the performance of such obligations. (k) The Guarantee shall be operative and binding upon every Guarantor upon execution and delivery of this Mortgage by such Guarantor, regardless of whether it has been executed by any other proposed guarantor or guarantors. 17 .0 CONDOMINIUMS 17 .1 If this Mortgage charges one or more Condominium Units, the following provisions shall apply: (a) The Mortgagor covenants and agrees at all times and from time to time to observe and perform all duties and obligations imposed on the Mortgagor by the Condominium Act, the declaration, the by-laws, and the rules, as amended from time to time, of the Condominium Corporation, by virtue of his ownership of the Condominium Unit(s). Any breach of the said duties and obligations shall constitute a breach of covenant under this Mortgage. (b) Without limiting the generality of the foregoing, the Mortgagor covenants and agrees that he will pay promptly when due any contributions to common expenses required of him as an owner of the Condominium Unit(s) and in the event of his default in doing so the Mortgagee, at its option, may pay the same and the amount so paid shall be added to the debt secured by this Mortgage and shall be a charge on the Condominium Unit(s) and shall bear interest at the Interest Rate from the time of such payments and shall be payable forthwith by the Mortgagor to the Mortgagee whether or not any payment in default has priority to this Mortgage or any part of the monies secured thereby. (c) The Mortgagor hereby irrevocably authorizes and empowers the Mortgagee to exercise the right of the Mortgagor as an owner of the Condominium Unit(s) to vote or to consent in all matters relating to the affairs of the Condominium Corporation provided that: (i) The Mortgagee may at any time or from time to time give notice in writing to the Mortgagor and the said Condominium Corporation that the Mortgagee does not intend to exercise the said right to vote or consent and in that event until the Mortgagee Page 12 of_ revokes the said notice the Mortgagor may exercise the right to vote. Any such notice may be for an indeterminate period of time or for a limited period of time or for a specific meeting or matter. (ii) The Mortgagee shall not by virtue of the assignment to the Mortgagee of the right to vote or consent be under any obligation to vote or consent to protect the interests of the Mortgagor. (iii) The exercise of the right to vote or consent shall not constitute the Mortgagee a mortgagee in possession. 18.0 DISTRESS 18. 1 PROVIDED that and it is further stipulated and agreed by and between the parties to this Mortgage that the Mortgagee, its successors or assigns, may distrain for arrears of interest against the Mortgaged Premises or any part thereof and recover by way of rent reserved as in the case of a demise the arrears of interest and all costs and expenses incurred in such levy or distress and may also distrain for arrears of principal and monthly payment of taxes, if required, in the same manner as if the same were arrears of interest. 19.0 RIGHTS ON DEFAULT 19.1 The Mortgagor covenants and agrees with the Mortgagee that in the event of default in the payment of any instalment of principal, interest or taxes hereby secured or any other monies payable hereunder by the Mortgagor or on breach of any covenant, proviso or agreement herein contained after all or any part of the monies hereby secured have been advanced, the Mortgagee may, at such time or times as it may deem necessary and without the concurrence of any other person, enter upon the Mortgaged Premises and make such arrangements for completing the construction of, repairing or putting in order any buildings or other improvements on the Mortgaged Premises, or for inspecting, taking care of, leasing, collecting the rents of, and managing generally the Mortgaged Premises as it may deem expedient, and all reasonable costs, charges and expenses including allowances for the time and service of any employee of the Mortgagee or other person appointed for the above purposes shall be forthwith payable to the Mortgagee, and shall be a charge upon the Mortgaged Premises and shall bear interest at the Interest Rate until paid. 19.2 PROVIDED also that in the event of default of payment of the Principal Sum with interest thereon and any other monies secured hereunder, or in the due performance of any provision in this Mortgage, the Mortgagee may, where legally permitted or required, enter on or lease or sell the Mortgaged Premises, but no power of sale shall be exercised until after four weeks' notice has been given. Any such sale may be a sale of the Mortgaged Premises as a whole or in separate parcels at public auction, by public tender or by private sale or partly in one manner and partly in another manner or manners, at such time and on such terms and conditions as the Mortgagee shall appoint, having first given such notice as it may think proper or as may be required by law, and upon such reasonable conditions as to upset or reserve, bid or price and as to terms of payment as it may deem proper. The Mortgagee may adjourn any such sale from time to time and may execute and deliver to the purchaser or purchasers of the Mortgaged Premises good and sufficient deed or deeds for the same, the Mortgagee being hereby constituted the irrevocable attorney of the Mortgagor for the purpose of making such sale and executing such deeds and any such sale as aforesaid shall be a perpetual bar both at law and at equity against the Mortgagor and all persons claiming the Mortgaged Premises, by, from, through or under the Mortgagor; provided that the Mortgagee shall have the right exercisable and any time and from time to time to purchase all or any part of the Mortgaged Premises if the same are sold by public auction or by public tender. 20.0 OBLIGATIONS SURVIVE SALE 20.1 PROVIDED further that no sale or other dealing by the Mortgagor with the Mortgaged Premises or any part thereof shall in any way change the liability of the Mortgagor or in any way alter the rights of the Mortgagee as against the Mortgagor or any other person liable for payment of the monies hereby secured. 21.0 NEW HOME WARRANTY PLAN ACT 21.1 If the Mortgagee incurs any cost or expense of any nature or kind, in any way arising from or relating to a new home warranty act or similar legislation and the regulations thereunder, including any amendments or replacements, or either of them (the II Act"), including, without any limitation whatsoever, any cost or expense relating to registration as a vendor under the Act or enrolling the Mortgaged Premises or entering into any agreement or agreements relating to performance of warranty obligations or performing any warranty obligations, all such cost and expense shall be added to the debt hereby secured and be a mortgage on the Mortgaged Premises in priority to all other encumbrances registered or arising subsequent to this Mortgage and shall bear interest at the Interest Rate and shall be payable forthwith by the Mortgagor to the Mortgagee. Page 13 of_ 22.0 PARTIAL RELEASE 22. 1 PROVIDED that the Mortgagee may at all times release any part or parts of the Mortgaged Premises or other security or any surety or guarantor for payment of all or any part of the Indebtedness hereby secured, or may release the Mortgagor or any other person from any covenant or other liability to pay the Indebtedness, either with or without consideration therefore, and without being accountable for the value thereof or for any monies except those actually received by the Mortgagee and without thereby releasing any other party to this Mortgage, or any other securities or covenants herein contained, it being especially agreed that notwithstanding any such release, the Mortgaged Premises, securities and covenants remaining unreleased shall stand charged with the whole of the Principal Sum secured by this Mortgage. 23.0 RELEASE 23.1 The Mortgagee shall have a reasonable time after payment in full of the amounts secured by this Mortgage within which to prepare, execute and register, if required, a discharge or assignment of this Mortgage; provided that interest at the Interest Rate shall continue to run and accrue until actual payment in full has been received by the Mortgagee. All legal and other expenses for the preparation, execution and registration, as applicable, of such discharge or assignment and any other administrative fee of the Mortgagee in connection therewith shall be borne by the Mortgagor. 24.0 LIENS AND CONSTRUCTION 24.1 PROVIDED also that upon the registration of any lien against the Mortgaged Premises, or in the event of any buildings being erected thereon or allowed to remain unfinished or without any work being done on them for a period of ten (10) days, the Principal Sum, together with interest at the Interest Rate, and all other amounts secured by this Mortgage shall, at the option of the Mortgagee, forthwith become due and payable. In the event any lien is registered against the Mortgaged Premises, the Mortgagee shall have the right, but not the obligation, to pay such amounts as may be required to vacate the lien. Any amount so paid by the Mortgagee, together with all costs, charges and expenses incurred by the Mortgagee in connection therewith, including all solicitors' charges or commissions, on a solicitor and its own client basis, shall be added to the Principal Sum secured by this Mortgage and shall bear interest at the Interest Rate and shall, with such interest, be a charge on the Mortgaged Premises prior to all claims thereon subsequent to this Mortgage, and shall be forthwith payable on demand. 25 .0 SEVERABILITY OF ANY INVALID PROVISIONS 25. 1 It is agreed that in the event that at any time any provision of this Mortgage is illegal or invalid under, or inconsistent with, the provisions of any applicable statute or regulation thereunder or would, by reason of the provisions of any such statute or regulation, render the Mortgagee unable to collect the amount of any loss sustained by it as a result of providing the Indebtedness which it would otherwise be able to collect under such statute, then such provision shall not apply and shall be construed so as not to apply to the extent that it is so illegal, invalid or inconsistent or would render the Mortgagee unable to collect the amount of any such loss. 26.0 NO PREJUDICE FROM FAILURE TO ENFORCE RIGHTS 26. 1 PROVIDED that no failure to enforce at any time or from time to time any of the rights of the Mortgagee hereunder shall prejudice such rights or any other rights of the Mortgagee; no performance or payment by the Mortgagee in respect of any breach or default hereunder of the Mortgagor shall relieve the Mortgagor from any default hereunder; and no waiver at any time or from time to time of any such rights of the Mortgagee shall prejudice such rights in the event of any future default or breach. 27 .0 MORTGAGEE'S EXPENSES 27 .1 The Mortgagor agrees to pay the reasonable and necessary costs, charges and expenses of and incidental to this Mortgage, and to any and all documents required in connection therewith, and of any amendment or renewal thereof, and of anything done in connection with the enforcement of the security granted thereby or the procuring of the payment of any monies payable hereunder including, without limiting the generality of the foregoing, all soilcitora' fees, costs and expenses of examination of title, and the obtaining of the opinion of counsel for the Mortgagee thereon and all costs and expenses valuing the Mortgaged Premises in connection with the foregoing. The Mortgagor further agrees that such amounts shall be paid forthwith upon demand and until paid shall bear interest at the Interest Rate and shall be a charge on the Mortgaged Premises. Page 14 of_ 28.0 OTHER SECURITY 28.1 This Mortgage is in addition to, and not in substitution for, any other security held by the Mortgagee, including any promissory note or notes for all or any part of the monies secured hereunder, and it is understood and agreed that the Mortgagee may pursue its remedies thereunder or hereunder concurrently or successively at its option. Any judgment or recovery hereunder or under any other security held by the Mortgagee for the monies secured by this Mortgage shall not affect the right of the Mortgagee to realize upon this or any other such security. Without limiting the generality of the foregoing, this Mortgage is in addition to, and not in substitution for, any other charges now or hereafter held by the Mortgagee over the Mortgaged Premises as security for monies advanced hereunder or any other monies due to the Mortgagee, and it is understood and agreed that the aggregate principal amount secured by this Mortgage and such other charges shall be the sum of the Principal Sum and all other monies secured hereunder and the respective principal amounts of such other charges. 29.0 HEADINGS 29.1 The headings of sections herein are inserted for convenience or reference only and shall not affect the construction or interpretation of this Mortgage. 30.0 INTERPRETATION 30.1 AND it is hereby agreed that where the context requires, words in the singular include the plural, and words importing the masculine gender include the feminine and neuter genders. All covenants, liabilities and obligations entered into or imposed hereunder upon the Mortgagor shall be joint and several, and shall be binding upon the heirs, executors, administrators, successors and assigns of the Mortgagor, as the case may be. 30.2 This Mortgage is made in pursuance of any applicable enactments respecting short forms of indentures. 31 .0 RECEIPT OF TRUE COPY 31 .1 The Mortgagor (and the Guarantor, if applicable) acknowledges receipt of a copy of this Mortgage. IN WITNESS WHEREOF the Mortgagor (and the Guarantor, if applicable) has properly executed this Mortgage the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of l * OUR HEALTH CENIRE ASSOCIATION ) ) ) ) ) ) ) ) Page 15 of_ CANADA PROVINCE OF NOV A SCOTIA COUNTY OF LUNENBURG I· Donald Mun.roP., Chester, in the County of Lunenburg and Province of Nova Scotia, make oath and say as follows: 1. THAT I am the President of Our Health Centre Association ( the "Society") and have a personal knowledge of the matters herein deposed to. 2. THAT I am an Officer of the Society, duly authorized to execute the annexed instrument for and on behalf of the Society and I have executed the annexed instrument for and on behalf of the Society and thereby bind the Society. 3. THAT the Society has given authorization that this document can be signed without the corporate seal and it is to have effect as if said seal was embossed over the signature. 4. THAT the Society is not now nor will it be on the date of delivery of the foregoing indenture, a non-resident of Canada within the meaning of the Income Tax Act (Canada). 5. THAT, for purposes of this Affidavit, "Matrimonial Home" means the dwelling and real property occupied by a person and that person's spouse as their family residence and in which either or both of them have a property interest other than a leasehold interest. 6. THAT the lands described in the indenture are not occupied by any member of the Society as a Matrimonial Home and have never been so occupied while the lands have been owned by the Society; nor does membership in the Society entitle the owner or owners thereof to occupy such lands as a Matrimonial Home. 7. THAT I acknowledge that I have signed the Instrument on the date of this, my affidavit. 8. THAT this affidavit is sworn for the purpose of registering the annexed instrument pursuant o sections 79( I) and 83 of the Land Registration Act. ) ) ) ) ) ) ��-�� ) ) DEREK M. WELLS, a.c. A Barrister of the Supreme Court of Nova Scotia OUR HEALTH CENTRE ASSOCIATION per: : Donald Munroe Presjdent A Barrister of the Supreme Court of Nova Scotia SWORN ��\') TO at Chester, in the County of Lunenburg, Province of Nova Scotia, this :l.:3 day of Se/I� , 2016, before me: SCHEDULE "A" PARCEL DESCRIPTION REPORT 2016-09-15 13:49:14 PIO: CURRENT STATUS: EFFECTIVE DATEffIME: 60692639 ACTIVE 2015-11-05 09:34:20 Registration County: LUNENBURG COUNTY Street/Place Name: PIG LOOP ROAD /CHESTER Title of Plan: SID SHOWING PARCEL X, AND LOT 03-1, AND LOT 03-2, LANDS OF CLEARWATER FINE FOODS INC, TO BE CONSOLIDATED WITH LOT 4, LANDS OF OUR HEALTH CENTRE ASSOCIATION, TO CREATE LOT OHC, LOCATED AT 3769, 3773 HIGHWAY 3, IN THE VILLAGE OF CHESTER, P.1.D.S 60630837, 60630845,60094380,&60403458 Designation of Parcel on Plan: LOT OHC Registration Number of Plan: 107209588 Registration Date of Plan: 2015-06-04 14:08:19 SUBJECT TO a Nova Scotia Power Inc. Power Line Easement shown on a Plan. *** Municipal Government Act, Part IX Compliance*** Compliance: The parcel is created by a subdivision (details below) that has been filed under the Registry Act or registered under the Land Registration Act Registration District: LUNENBURG COUNTY Registration Year: 2015 Plan or Document Number: 107209588 External Comments: Description Change Details: Reason: Author of New or Changed Description: Name: Registered Instruments: Comments: Page 1 What did the Municipal Taxpayers get for Council’s $250,000+Gift to Our Health Centre Association? What Our Health Centre Association Promised: “Six primary care practitioners (a combination of physicians and nurse practitioners)and a family Practice nurse, on call physicians readily available” What happened to this OHC declaration to Council? -“it is clear that attracting highly trained, enthusiastic medical staff could well be the easiest part of creating OHC!”? What Our Health Centre Association Delivered: -No new medical practitioners. The recruitment of NEW medical practitioners is not in the OHC business plan. “Our Business Plan is based on space rental, fees for certain services, and a small on-going fundraisingcommitment”. -Nowhere do they mention DOCTOR RECRUITMENT. This group has not attracted or recruited one single health practitioner to our community;they haven’t even tried. All NEW medical practitioners who came to our community in recent years were recruited by the Dept. of Health and Wellness through the CAP program, operated by the Health Dept. and Doctors Nova Scotia. What Our Health Centre Association Promised: • After h o u r s and weekend medical care will be consistently available; •On call physicians readily available; “Six primary care practitioners (a combination of physicians and nurse practitioners) and a family Practice nurse, on call physicians readily available” “Providing care 7 days a week for people in our communities -open appointments in one location to rotate amongst primary healthcare practitioners, daily Monday to Friday –and a clinic on Saturday and 24 hours on Sunday”. “Evening and weekend medical care will be available, not only for patients of OHC practitioners but for anyone in the region requiring care”. What Our Health Centre Association Delivered: -No nigh, weekend & no 24 hrs. medical services. -No walk-in clinic. -No open appointments -No New Doctors or Specialists for Chester. -When questioned at a recent Chester Municipal Council meeting (August 2016), Don Munroe, president of the Our Health Centre Association, revealed that his group was not able to provide the promised new family practitioners or provide any “visiting specialists”who would practice from OHC’s large office rental facility in Chester. Mr.Munroe finally admitted that:“OHC has no power to bring doctors from elsewhere, as that's up to the Health Authority”. Alice Lieberman, another spokes person for the Chester OHC, confirmed to Council that the Nova Scotia Health Authority informed OHC that they would not license anymore doctors for the Chester area. This licensing restriction also appliesto any “visiting specialists”the OHC office rental group were promising people they would provide. Since OHC was unable to recruit new doctors, they poached local medical practitioners from their original rental facilities, thus unfairly competing with local rental businesses since OHC is subsidized by Municipal taxpayers. What Our Health Centre Association Promised: •Visiting Specialists “significant distances must be travelled for appointments with medical specialists”. • New health and wellness programs will be delivered throughout our communities. What Our Health Centre Association Delivered: No medical specialists will practice in the OHC premises;the Nova Scotia Health Authority informed OHC that they would not license anymore doctors or any specialists to practice in their facility. -Patients will still have to travel to other locations for specialist appointments. The existing Health Authority clinics, along with the Municipality, already deliver and/or participate in all the recommended health and wellness programs. OHC just poached existing Health Authority clinics from their original rental facilities in Chester, thus unfairly competing with local rental businesses since OHC is subsidized by Municipal taxpayers. What Our Health Centre Association Promised: •Staff and volunteers will help guide people through the health care system. • Medical records will be held and maintained in a central location; What Our Health Centre Association Delivered: This is already handled through theNova Scotia Health Authority’s “Continuing Care Clinic”in Chester and the Province-wide 811 and 211 phone and internet services. With the$4.3 million to implement the“Personal Health Record Program” announced in the 2016 Provincial Budget,this service is already provided by the Health Department. “The province set aside $4.3 million to expand the Personal Health Record online portal beyond Halifax to theentire province”. Since the majority of area health practitioners do not operate from the OHC facility,they certainly would not consent to share their patients’ medical records with the OHC management. In a recent interview,Tricia Cochrane,the Health Authority’s Vice-president of Integrated Health Services, said:“Family physicians are in private practice and make their own decision in where they want to work and how they want to work”;“Just because this OHC rental space exists, doesn’t necessarily mean it will attract doctors to run it and work there”. What Our Health Centre Association Promised: A “doctor magnet” which would bring in many physicians and businesses to Chester. What Our Health Centre Association Delivered: -Not even one new physician has been willing to come to Chester to practice out of OHC’s rental facility. -Most would be hard pressed to name one new business that was attracted to Chester because of the OHC. -12,000 sq. ft. of more office rental space in an area with a huge surplus of available vacant office/commercial rental space. -The Municipality wasted $250,000 of taxpayer’s money to fund a group building an office rental facility that is in direct taxpayer-funded competition with local rental businesses. -By contributing this money without any due diligence, the Municipality irresponsibly put its stamp of approval on this endeavor, thus convincing donors to OHC that it was a worthwhile and well researched development for our community. Our Health Centre Association Propaganda: OHC Capital Campaign “As the end of 2016 approaches, so does the end of the OHC Capital Campaign. Only $260,000 remains to be raised to reach the $4.5 Million Campaign goal”. What Our Health Centre Association is Hiding: -Why did the OHC Association have to take out a $1.5 million high interest mortgage on September 22, 2016, if they have all the funds they want us to believe they have? Taxpayers must be vigilant- They will be back at the trough for more money!!! REQUEST FOR DISCUSSION Prepared By: Bruce Forest, Director of Solid Waste Date January 24/2017 Reviewed By: Tammy Wilson, CAO Date Authorized By: Tammy Wilson, CAO Date February 2, 2017 CURRENT SITUATION Kaizer Meadow currently accepts shingles from residents in our Municipality as well as commercial operators working for people in our Municipality. We also accept shingles from the Lunenburg Regional Community Recycling Center (LRCRC) and Valley Waste Resource Management. BACKGROUND We currently have a designated area for shingles at Kaizer Meadow. When we have a significant stockpile, we bring in a company to chip the material. The cost for chipping is $22.50 per ton. We use the chipped shingles on site for base road construction and wind cover on the landfill. The price that we charge the LRCRC is $27.00 per tonne for unchipped shingles. Valley Waste only sends chipped shingles at no charge. We have a charge for commercial operators that covers the cost of chipping their shingles. We accept a significant number of shingles from our residents at no charge. DISCUSSION We have been able to use all the shingles thus far with projects on-site such as road construction to sampling wells and road construction on the landfill. We are running out of projects to use up this material. We will be constructing and widening the road that will service Sustane Technologies which will account for what we will produce this year. IMPLICATIONS We are running out of projects to use up the chipped shingles. One option is to send them back with the chipping company who uses them after processing for a project at the Lafarge Plant in Brookfield. The cost for us to do that would be approximately $22 per tonne on top of the $22.50 for chipping. Policy Not applicable. Financial / Budgetary I have included a small spreadsheet that represents the amount of shingles we have handled over the last few years. It could get costly to ship shingles off site in the future. If there is a company that would be willing to take the shingles at no charge to us, the benefits are obvious. I am in discussions with the Valley and LRRF and reviewing options at this time. REPORT TO: Municipal Council SUBMITTED BY: Department solid waste DATE: January 24, 2017 SUBJECT: Shingles report ORIGIN: January 12th Council Meeting – 8.4 Chipped Shingles at Kaizer Meadow. 2 Request For /Direction Environmental There are a number of environmental of issues to consider if we have to stock pile shingles without an alternative use for them on site. One problem would be the possibility of fire. The other problem is space. Strategic Plan Promote conditions conducive to fostering economic prosperity. Work Program Implications There are no other departments involved. OPTIONS If we cannot find alternative uses for the shingles, we will have to pay the chipping company to take them away. We can limit the amount by not accepting shingles from LRRF and the valley. This may reduce the quantity enough that we can deal with then on site. ATTACHMENTS 2013 2014 2015 2016 MUN OF LUN LRCRC SHINGLES 63.5 1068.55 1673.33 1175.61 MUN. CHESTER ASPHALT 283.29 477.91 407.11 535.29 ASPHALT (RESIDENTIAL) 167.24 211.42 215.15 210.76 MUN SHINGLES 0.76 4.93 0 3.74 TOTAL: 451.29 694.26 622.26 749.79 TOWN OF LUNENBURG TOL ASPHALT 29.14 13.73 0 6.41 VALLEY VALLEY ASPHALT 1394.35 1528.71 1526.92 330.64 COMMUNICATIONS (INTERNAL/EXTERNAL) Not applicable. Municipality of the District of Chester Income Statement - Actual vs. Budget Report generated January 30, 2017 2016-2017 2016-2017 2016-2017 ACTUAL BUDGET VARIANCE FORECAST EXPENDITURES (Page 1 of 4)December 31st TOTAL $%MARCH 31, 2017 General Government Services: Warden, Council & Committee: Council/Committee Remuneration 109,823 164,844 55,021 67%154,904 Administrative Expenses 42,043 90,047 48,004 47%85,747 Grants to Organizations 217,772 253,921 36,149 86%250,500 Elections and Plebiscites 72,452 75,000 2,548 97%75,000 442,090 583,812 141,722 76%566,151 CAO/Clerk Administration: Salaries 271,086 374,906 103,820 72%374,964 Administration Expenses 82,555 128,551 45,996 64%131,651 Town Crier 0 1,000 1,000 0%0 Surveys/Appraisals 1,043 2,000 957 52%2,000 Communications 9,337 33,520 24,183 28%15,750 Capital from Revenue Projects 5,907 556,000 550,093 1%38,000 369,928 1,095,977 726,049 34%562,365 Finance/Tax Administration: Salaries 255,718 338,364 82,646 76%338,364 Administration Expenses 172,894 260,235 87,341 66%266,723 Property Tax Administration 267,941 279,900 11,959 96%279,850 Assessment Recovery Costs 340,514 340,514 0 100%340,514 Capital from Revenue Projects 0 0 0 #DIV/0!0 Depreciation 17,365 23,153 5,788 75%23,153 1,054,432 1,242,166 187,734 85%1,248,604 Information Services: Salaries 161,773 217,195 55,422 74%217,195 Administration Expenses 150,571 210,245 59,674 72%206,281 Capital from Revenue Projects 156,753 171,600 14,847 91%171,600 Debt Charges 17,892 19,122 1,230 94%19,122 Depreciation 29,252 39,003 9,751 75%39,003 516,241 657,165 140,924 79%653,201 Municipal Property: Salaries 54,128 83,751 29,623 65%72,171 Administrative Expenses 29,062 44,100 15,038 66%38,749 Property Services 95,206 110,976 15,770 86%126,941 Wharves, Boat Launches, etc 5,311 8,500 3,189 62%7,081 Community Development/Gardens 7,636 15,000 7,364 51%10,181 Capital from Revenue Projects 50,203 327,825 277,622 15%66,937 Depreciation 15,794 21,058 5,264 75%21,059 257,340 611,210 353,870 42%343,120 Public Works: Salaries 101,174 154,663 53,489 65%132,450 Administrative Expenses 40,120 85,197 45,077 47%55,011 Sprinkler/Fire Mill Cove 15,510 182,465 166,955 9%176,180 Capital from Revenue Projects 0 2,500 2,500 0%1,250 Depreciation 16,143 21,524 5,381 75%21,524 172,947 446,349 273,402 39%386,415 SUBTOTAL 2,812,978 4,636,679 1,823,701 61%3,759,856 2016-2017 2016-2017 2016-2017 ACTUAL BUDGET VARIANCE FORECAST EXPENDITURES (Page 2 of 4)December 31st TOTAL $%MARCH 31, 2017 Protective Services: Police Services 1,311,465 1,751,980 440,515 75%1,751,980 Correction Services 176,772 236,441 59,669 75%236,441 Legal - Prosecution Services 0 5,000 5,000 0%5,000 By-Law Enforcement 14,258 35,751 21,493 40%32,951 Animal Control 51,879 76,700 24,821 68%74,025 Emergency Measures 40,499 41,114 615 99%69,114 1,594,873 2,146,986 552,113 74%2,169,511 Fire Services: Fire Services - Salaries & Wages 46,294 58,310 12,016 79%58,310 Fire Services - Administrative Expenses 27,848 63,291 35,443 44%63,291 Fire Services - Insurance 66,104 67,000 896 99%67,000 Fire/Village Commissions 1,071,000 1,497,036 426,036 72%1,497,036 Fire Contract - Districts 1, 3 & 7 116,000 237,748 121,748 49%237,748 Fire Rescue Boat 6,000 12,123 6,123 49%12,123 Capital from Revenue Projects 0 10,000 10,000 0%0 1,333,246 1,945,508 612,262 69%1,935,508 Building/Fire Inspection: Building Salaries & Wages 103,378 166,763 63,385 62%145,139 Building Administrative Expenses 28,632 64,205 35,573 45%58,418 Fire Salaries & Wages 40,967 54,141 13,174 76%54,141 Fire Administrative Expenses 12,893 24,804 11,911 52%24,804 185,870 309,913 124,043 60%282,502 Transportation Services: Roads & Streets: Administration 9,341 26,269 16,928 36%18,995 Provincial Road Maintenance Fee 136,872 182,494 45,622 75%182,494 Municipal Roads & Street Signs 5,984 87,500 81,516 7%88,200 Private Road Maintenance 90,660 90,660 0 100%90,660 Sidewalks/Crosswalks 35,741 90,000 54,259 40%79,700 Streetlights 82,507 107,255 24,748 77%110,450 Capital from Revenue Projects 146,360 337,100 190,740 43%361,000 Short Term Borrowing 3,959 3,965 6 100%3,965 Debt Charges 39,935 78,517 38,582 51%78,517 Depreciation 181,208 241,610 60,402 75%241,610 732,567 1,245,370 512,803 59%1,255,591 Sewer Services: Universal Sewer Salaries 125,830 223,549 97,719 56%170,700 Universal Sewer Operating Expenses 266,575 318,282 51,707 84%326,710 Capital from Revenue Projects 77,364 1,357,500 1,280,136 6%165,000 Debt Charges 41,170 39,670 (1,500)104%39,670 Depreciation 143,730 191,640 47,910 75%191,640 654,669 2,130,641 1,475,972 31%893,720 SUBTOTAL 7,314,203 12,415,097 5,100,894 59%10,296,688 2016-2017 2016-2017 2016-2017 ACTUAL BUDGET VARIANCE FORECAST EXPENDITURES (Page 3 of 4)December 31st TOTAL $%MARCH 31, 2017 Solid Waste Collection/Disposal Waste Collection Salaries 32,491 57,134 24,643 57%56,519 Waste Collection Operating Expenses 944,344 1,298,424 354,080 73%1,304,816 Depreciation 375 500 125 75%500 977,210 1,356,058 378,848 72%1,361,835 Landfill Salaries 399,417 527,734 128,317 76%532,134 Landfill Operating Expenses 424,153 745,468 321,315 57%736,368 Landfill Closure 2 Expenses 18,002 550,000 531,998 3%550,000 Landfill Capital from Revenue Projects 24,334 40,000 15,666 61%40,000 Landfill Debt Charges 1,361,466 1,440,237 78,771 95%1,440,237 Depreciation 970,824 1,294,432 323,608 75%1,294,432 3,198,196 4,597,871 1,399,675 70%4,593,171 Recycling Salaries 17,211 25,957 8,746 66%25,957 Recycling Operating Expenses 23,605 38,615 15,010 61%34,580 40,816 64,572 23,756 63%60,537 Total Solid Waste Collection/Disposal 4,216,222 6,018,501 1,802,279 70%6,015,543 Health & Wellness 2,498 7,000 4,502 36%7,000 Occupational Health and Safety 1,542 25,000 23,458 6%11,200 Regional Housing Authority 0 20,000 20,000 0%20,000 4,040 52,000 47,960 8%38,200 Environmental Development Services: Economic Development Salaries & Wages 60,636 81,726 21,090 74%72,005 Economic Development Operating Expenses 42,021 105,249 63,228 40%100,632 Economic Development Capital from Revenue 0 300,000 300,000 0%300,000 102,657 486,975 384,318 21%472,637 Planning Salaries & Wages 277,426 358,601 81,175 77%358,601 Planning Operating Expenses 103,363 221,547 118,184 47%181,520 Planning Capital from Revenue Projects 19,473 165,000 145,527 12%40,000 Depreciation 13,359 17,812 4,453 75%17,812 413,621 762,960 349,339 54%597,933 LQRDA/REN 89,668 45,794 (43,874)196%45,794 Tourism Development 49,172 48,000 (1,172)102%45,578 Total Environmental Development Services 655,118 1,343,729 688,611 49%1,161,942 SUBTOTAL 12,189,583 19,829,327 7,639,744 61%17,512,373 2016-2017 2016-2017 2016-2017 ACTUAL BUDGET VARIANCE FORECAST EXPENDITURES (Page 4 of 4)December 31st TOTAL $%MARCH 31, 2017 Industrial Park Operating Expenses 11,699 21,082 9,383 55%21,082 Industrial Park Capital from Revenue 0 10,000 10,000 0%5,000 Depreciation 13,086 17,448 4,362 75%17,448 24,785 48,530 23,745 51%43,530 Wind Power Operating Expenses 22,617 89,741 67,124 25%89,741 Wind Power Depreciation 190,808 254,410 63,602 75%254,410 Wind Power Debt Charges 298,179 327,905 29,726 91%327,905 511,604 672,056 160,452 76%672,056 Heritage Properties 0 500 500 0%500 Recreation and Parks Services: Recreation Salaries 333,603 421,075 87,472 79%423,255 Recreation Grants to Organizations 44,113 56,000 11,887 79%54,000 Recreation Operating Expenses 221,176 331,686 110,510 67%312,998 Recreation Capital from Revenue Projects 105,783 137,000 31,217 77%112,000 Recreation Debt Charges 36,918 39,167 2,249 94%39,167 Depreciation 68,528 91,371 22,843 75%91,371 810,121 1,076,299 266,178 75%1,032,791 Church Memorial Park 0 50,000 50,000 0%50,000 Regional Library 51,026 69,056 18,030 74%69,056 Appropriation to District School Board 3,451,522 4,602,030 1,150,508 75%4,602,030 Transfer to Own Reserves, Funds, Agencies 561,247 2,055,532 1,494,285 27%2,146,259 Extraordinary Expenditures (6,880)0 6,880 #DIV/0!(6,880) TOTAL EXPENDITURES 17,593,008 28,403,330 10,810,322 62%26,121,715 Surplus/(Deficit) - Operations (with depreciation)(279,620)(2,211,530)(1,931,910)13%(1,530,557) Depreciation Allocation to Surplus 1,660,390 2,213,853 553,463 75%2,213,853 Surplus/(Deficit)1,380,770 2,323 1,378,447 59439%683,296 Municipality of the District of Chester Income Statement - Actual vs. Budget Recognize 75% January 30, 2017 2016-2017 For Prop Taxes, GIL,2016-2017 2016-2017 ACTUAL Area Rates, Cond Trans BUDGET VARIANCE % of Budget FORECAST REVENUE (Page 1 of 2)December 31st Reserves, other…TOTAL $Consumption MARCH 31, 2017 Taxes - Assessable Property Residential $9,474,026 7,105,520 $9,516,075 $42,049 100%$9,477,881 Commercial 1,354,523 1,015,892 1,355,909 1,386 100%1,354,523 Resource 293,240 219,930 296,895 3,655 99%294,986 Non-Profit Acreage 4,360 3,270 4,360 0 100%4,360 Forest Lands (-50,000)27,334 20,501 27,211 -123 100%27,334 Forest Lands (+50,000)8,590 6,443 8,590 0 100%8,590 $11,162,073 $8,371,555 $11,209,040 $46,967 100%$11,167,674 Area Rates: Protective Services: Fire Protection - Districts 1,3&7 $240,885 180,664 $237,748 -$3,137 101%$237,748 Fire Protection - Islands 12,101 9,076 12,123 22 100%12,123 Fire Protection - Forest Land 1,308 981 1,304 -4 100%1,304 Fire Protection - Hydrants 24,815 18,611 24,815 0 100%24,815 Fire Protection - Fire/Village Commissions 1,456,039 1,001,302 1,497,036 40,997 97%1,458,799 $1,735,148 $1,210,634 $1,773,026 $37,878 98%$1,734,789 Transportation Services: Streetlights $104,914 78,686 $107,255 $2,341 98%$107,255 Private Road Maintenance 94,625 70,969 94,625 0 100%94,625 Endeavour Avenue 36,519 27,389 36,770 251 99%36,770 $236,058 $177,044 $238,650 $2,592 99%$238,650 Environmental Health Services: Universal Sewer $863,995 647,996 $861,823 -$2,172 100%$861,823 Solid Waste Collection and Disposal $1,417,070 1,062,803 $1,422,412 $5,342 100%$1,422,412 Mill Cove - Private Wells $35,400 26,550 $35,400 $0 100%$35,400 ACES School - Sprinkler System $9,477 7,108 $9,477 $0 100%$9,477 Taxes Based on Business Revenue: Aliant Corporation $49,067 36,800 $50,000 $933 98%$49,067 NS Power Corporation 20,529 15,397 20,529 0 100%20,529 NS Power HST Rebate 67,783 50,837 74,000 6,217 92%67,783 $137,379 $103,034 $144,529 $7,150 95%$137,379 Other Taxes: Deed Transfer Tax $947,093 947,093 $880,000 -$67,093 108%$880,000 Wind Farm Developer Tax 656,574 492,431 656,574 0 100%656,574 Change in Use 0 0 0 0 0 $1,603,667 $1,439,524 $1,536,574 -$67,093 104%$1,536,574 Grants in Lieu of Taxes: Federal Government and Agencies $51,686 45,704 $60,938 $9,252 85%$51,689 Provincial Government and Agencies 95,187 71,684 95,578 391 100%95,578$146,873 $117,387 $156,516 $9,643 94%$147,267 SUBTOTAL $17,347,140 $13,163,633 $17,387,447 $40,307 100%$17,291,445 Municipality of the District of Chester Income Statement - Actual vs. Budget Recognize 75% 2016-2017 For Prop Taxes, GIL,2016-2017 2016-2017 ACTUAL Area Rates, Cond Trans BUDGET VARIANCE FORECAST REVENUE (Page 2 of 2)December 31st Reserves, other…TOTAL $%MARCH 31, 2017 Services Provided Other Governments/Agencies: Wind Turbine COMFIT - NS Power $442,541 442,541 $719,650 $277,109 61%$719,650 Solid Waste and Disposal Fees 2,461,640 2,461,640 2,768,496 306,856 89%2,768,496 Planning, Fire Insp, Build Insp, REMO Fees 35,661 35,661 70,556 34,895 51%70,556 Fire Commission Insurance Premiums 66,104 66,104 67,000 896 99%66,104 Animal Control Fees 24,750 24,750 33,000 8,250 75%33,000 $3,030,696 $3,030,696 $3,658,702 $628,006 83%$3,657,806 Other Revenues from Own Sources: Administration Services $165,448 165,448 $171,250 $5,802 97%$171,300 Transportation Services 8,217 8,217 8,217 0 100%8,217 Building Inspection Services 17,638 17,638 15,000 -2,638 118%18,000 Animal Control Services 1,244 1,244 4,350 3,106 29%2,125 Sewer Hookup Services 14,272 14,272 500 -13,772 2854%500 Solid Waste and Disposal Services 234,792 234,792 571,820 337,028 41%571,820 Planning Services 18,837 18,837 22,390 3,553 84%22,254 Industrial Park Lease Fees 3,777 3,777 5,000 1,223 76%5,000 Recreation & Culture Services 111,228 111,228 110,150 -1,078 101%116,190 $575,453 $575,453 $908,677 $333,224 63%$915,406 Unconditional Transfers: Federal Government $2,996 2,996 $2,000 -$996 150%$2,000 Provincial Government 6,736 6,736 11,236 4,500 60%11,236 Other Local Government/Agencies 0 0 0 0 0 $9,732 $9,732 $13,236 $3,504 74%$13,236 Conditional Transfers: Federal Government $294,686 294,686 $1,074,371 $779,685 27%$616,038 Provincial Government 84,000 84,000 711,250 627,250 12%263,711 Other Local Government/Agencies 67,565 67,565 90,787 23,222 74%69,187$446,251 $446,251 $1,876,408 $1,430,157 24%$948,935 Other: Transfer, Prior Year's Surplus $0 0 $52,209 $52,209 0%$52,209 Transfer From Own Funds 87,623 87,623 2,295,121 2,207,498 4%1,712,121 $87,623 $87,623 $2,347,330 $2,259,707 4%$1,764,330 SUBTOTAL $21,496,895 $17,313,388 $26,191,800 $4,694,905 82%$24,591,158 EXTRAORDINARY OR SPECIAL REVENUE $0 0 $0 $0 $0 TOTAL REVENUES $21,496,895 $17,313,388 $26,191,800 $4,694,905 82%$24,591,158