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HomeMy Public PortalAbout2017-08-31_Council_Public_Agenda PackagePage 1 of 2 MUNICIPAL COUNCIL AGENDA Thursday,August 31, 2017 following Audit and Budget Committee Meeting 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. to 9:00 a.m.) 4.MINUTES OF PREVIOUS MEETING: 4.1 Council –August 10, 2017 5.COMMITTEE REPORTS: 5.1 Committee of the Whole –August 3, 2017 –Warden Webber (receive minutes only) 5.2 Committee of the Whole –August 24, 2017 –Warden Webber (motions for approval only) 5.3 Audit and Budget Committee –August 31, 2017 –Warden Webber (TBC) (Draft Financial Statements, Management Letter and Recommendations only) 5.4 Any other Committees. 6.MATTERS ARISING. 7.CORRESPONDENCE: 7.1 Letter from Gerald Gagnon dated August 16, 2017 regarding Our Health Centre concerns. 7.2 Letter/Email from Lunenburg County Christmas Tree Producers ’Association regarding Invitation to the 50th Anniversary Event taking place on September 23, 2017 –RSVP requested. 8.NEW BUSINESS: Page 2 of 2 8.1 Request for Decision and Direction prepared by Finance Department dated August 22, 2017 regarding Tax Sale Policy –Options (repeal of existing policy). 8.2 Request for Decision prepared by Information Services Department dated August 23, 2017 regarding New Road Name Assignment. 8.3 Information Report prepared by Economic Development Officer dated August 22, 2017 regarding Sponsorship Grants. 8.4 Canada 150 Grant –Chester Tennis Club (TBC separately) 9.IN CAMERA: 9.1 Land Negotiations –Kaizer Meadow. 10.ADJOURNMENT. NOTE: PLAN REVIEW WORKSHOP TO FOLLOW COUNCIL MEETING (COUNCIL AND STAFF) MOTIONS REQUIRING APPROVAL OF COUNCIL FROM AUGUST 24, 2017 COMMITTEE OF THE WHOLE 2017-442 APPROVAL OF AGENDA 2017-443 APPROVAL OF MINUTES OF AUGUST 3, 2017 2017-444 APPROVAL OF REVISED ECONOMIC DEVELOPMENT STRATEGY MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that the Committee of the Whole recommend to Council to approve the revised Economic Development Strategy priorities as presented by the Economic Development Officer. CARRIED. 2017-445 REFER TO STAFF TO PREPARE A POLICY AND ACCOMPANYING PROCEDURE WHICH ESTABLISHES ROAD UPGRADE CONSIDERATIONS AND METHODS OF RECOVERING COSTS MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that the Committee of the Whole recommend to Council to direct staff to prepare a Policy and accompanying procedure which establishes: a) requirements to be met for road upgrade consideratio ns; and b) possible methods of recovering costs. CARRIED. 2017-446 REQUEST COST ESTIMATE FOR ROADS FOR PAVING REPAIR MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that the Committee of the Whole recommend to Council to request a cost estimate for the following roads for paving repair once the sections of the roads have been identified: Pig Loop Road (shoulder widening –pedestrian safety) Chester Shore Road –paving Brunswick Street –paving Prince Street –paving Union Street –paving Main Street –paving Nauss Point –paving Regent Street –paving CARRIED. MOTIONS REQUIRING APPROVAL OF COUNCIL FROM AUGUST 24, 2017 COMMITTEE OF THE WHOLE (CONTINUED) 2017-447 REFER STAFF TO PURSUE A JOINT USE AGREEMENT WITH SSRSB FOR NEW ROSS SCHOOL AND ALLOCATE RESOURCES FOR COMMUNITY USE AND REALLOCATION OF COMMUNITY DEVELOPMENT COORDINATOR’S DUTIES MOVED by Councillor Assaff, SECONDED by Councillor Barkhouse that the Committee of the Whole recommend to Council to direct staff to pursue a Joint Use Agreement with the South Shore Regional School Board for the New Ross School and allocate appropriate resources for expanded community use of the facility with reallocation of Community Development Coordinator’s duties to accommodate the same without increased hours. CARRIED. 2017-448 REFER LETTER TO REGIONAL EMERGENCY MEASURES OPERATIONS MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that the Committee of the Whole recommend to Council to refer to the Regional Eme rgency Measures Operations the letter from the District of Yarmouth dated July 24, 2017 requesting Councils support in the initiative in seeking the placement of a Doppler radar system in the Yarmouth area to cover southwest Nova Scotia and adjacent waters and to contact the MP and MLA to request a new radar site to cover the Yarmouth, Shelburne and Digby Counties. CARRIED. 2017-449 IN CAMERA 2017-450 ADJOURNMENT August 16, 2017. Chester Municipal Council: kr,mmTm_N cnrk y N'i 1 6 201? ori(!Inal to The Our Health Centre Association asked that Municipal Council appro ,# . --Oar--Health_ Centre Association " to schedule A of Tax Exemption By-law #74, gran commercial property tax to property AAN 05053455. The O.H.C. Association claims the following to justify a 100% Municipal tax exemption: This is the property of Our Health Centre Association that is used directl ad soleig for I As indicated below, their property is NOT "USED DIRECTLYAND SOLELY FOR CHARITABLE PURPOSES 31P The O.H.C. Association rents, out space in this building to for rofit so-called "health" groups whose services are NOT COVERED by Nova Scotia MSI: a for profit hearing clinic business (The Hearing Specialists), a for profit face, hand, & foot care salon (Lisa Hrabowsky), a for profit sleep therapy business (LifeCare Respiratory Services Ltd.) a for profit foot care clinic (Dan Cox), a for profit osteopathy clinic. NONE of the above -listed businesses renting from OHC are operating for "charitable purposes ". This so-called "Health Centre" also. - operates a rental business by renting space to Nova Scotia Health Authority and other medical service providers, in competition with local taxyint rental businesses. There is also a Constituency Office for our Liberal MP operating out of the Our Health Centre" (This office is certainly not operated for charitable purposes). Then there is their following rental advertisement: Our Health Centre (OHC) invites Expressions of Interest from providers of services that will complement existing primary health care services and are aligned with promoting health and wellness. The O.H.C. Association is running a rental enter rise and is co — eting with local Lax paving rental businesses. How does O.H.C.'s rental qualify as "used directl and solei for charitable purposes",, as they claim? Don't be fooled by the "Health Centre" name; O.H.C. has a so utelyno involvement in the Nova Scotia Health Authority's health services operating out of the OHC rental building. All primary health care services and associated health prevention and management services (e.g. Public Health Clinic, Addiction and Mental Health Clinic, Continuing Care Clinic, Blood Collection Clinic) operating from the O.H.C. rental buil int are provided, operated, managed and licensed by the Nova Scotia HeaTt-hAuthority. All the above information confirms that the property (AAN 05053455) the OHC Association claims: "is used djcgLc* and r charitable purposes",, is actuall used as a rental Gerard Gagnon , REQUEST FOR DECISION AND D IRECTION Prepared By:Malcolm Pitman, CPA, CA, Director of Finance Date August 22, 2017 Reviewed By:Date Authorized By:Tammy Wilson, CAO Date August 23, 2017 CURRENT SITUATION MODC’s lawyer has advised that our current Tax Sale Policy (P-01)is out of date and should be repealed. The tax sale procedures are well documented in sections 134 to 167 of the Municipal Government Act (MGA), therefore they do not need to be reproduced in a tax sale policy. However, there are certain parts of these MGA sections that allow council to make modifications to the tax sale process. This request for direction will address these sections and ask for council’s direction in drafting a new tax sale policy to deal with these sections. RECOMMENDATION 1)That, pursuant to Section 48 of the MGA, that Council give notice that it intends to repeal Policy P-01 Tax Sale Policy. 2)That council consider the below sections and give direction on the wording to include in a new tax sale policy. BACKGROUND The MGA sections on tax sales include the following sections that allow for council modifications to the process: 134 Tax Sale 134 (1)Property may be sold for taxes if the taxes with respect to the property are not paid in full for the taxation year immediately preceding the year in which the tax sale proceedings are commenced, but the proceedings shall not commence before June 30th in the year immediately following that taxation year. (2)Property shall be put up for tax sale if taxes are in arrears for the preceding three fiscal years. 134(3)The council may defer tax sale proceedings for a property up to two years. 134(4) A municipality is not required to put a property up for tax sale (b) if the amount of taxes due is below the collection limit established by council, by policy; (d) if the taxes have been deferred pursuant to a by-law; 138 Tax Sale Preliminary Notice -After the tax sale list is compiled, the municipality shall mail to each owner named in the list a preliminary notice setting out the in formation contained in the list with respect to the person and advising that the property is liable to be sold for the arrears, with interest and expenses, and that tax sale procedures will be commenced and costs expended unless the arrears are paid within fourteen days of the date of the preliminary notice,or such longer period as the council may, by policy, prescribe. REPORT TO:Municipal Council SUBMITTED BY:Finance Department DATE:August 31, 2017 SUBJECT:Tax Sale Policy -options ORIGIN: 2 Request for Decision and Direction 141 Public auction (2)The treasurer may,with the consent of the council,call tenders for property rather than put the property up for sale at public auction. (3)The council may direct the treasurer as to what constitutes an acceptable minimum tender or bid, if the treasurer is of the opinion that the property might not realize sufficient [funds]to cover the outstanding taxes,interest and expenses. 143 Municipal purchase of tax sale property 143 (1)A municipality, by an official or agent,may bid for and purchase land at a tax sale for any municipal purpose. 143 (4)Where no bid is received for any land sufficient to satisfy the full amount of the taxes,interest and expenses due in respect of the land and the municipality does not purchase the land, the municipality may, without further notice to the owner and encumbrancers, again advertise the property and (a) sell it at auction for the best price that may be obtained; or (b) call tenders for the property and sell it for the highest tender, and the council may direct the treasurer as to what constitutes an acceptable minimum bid or tender price. 149 Tenders 149 (1)Where a municipality calls tenders for land to be sold for taxes, the municipality may reject all tenders if (a) the price tendered is less than the taxes, interest and expenses; and (b) the council considers that the best price offered is inadequate,and may again put the land up for sale, by tender or by public auction. DISCUSSION The above sections from the MGA can be d ivided into two sections.First, there are council decisions that can be formalized in a policy. Second, there are council decision that would depend on the circums tances at the time of the tax sale. The policy items would be: Section 134(1) and 134(2) set a minimum time for arrears before starting a tax sale and maximum time that arrears may be outstanding before starting a tax sale. Therefore, council may set the time period to be used by MODC within these time frames. a collection limit that establishes a dollar limit, below which we would not proceed to a tax sale, but would employ other collection methods. The tax sale preliminary notice period, if longer than the fourteen days in the MGA. The decision at the time of tax sale would be: defer tax sale proceedings for a property up to two years call tenders for property rather than put the property up for sale at public auction. Give direction as to what constitutes an acceptable minimum tender or bid in circumstances where property might not realize sufficient funds to cover the outstanding amount owing. Give direction on properties up for tax sale that council want the Treasurer to bid for and purchase land at a tax sale for any municipal purpose. Where a municipality calls tenders for land to be sold for taxes, the municipality may reject all tenders where council considers that the best price offered is inadequate 3 Request for Decision and Direction For the policy items above,the following suggestions are for Council consideration for inclusion in a new policy: MODC’s practice has been that properties are put up for tax sale if taxes are in arrears for the preceding two years. Suggest we maintain the practice of a property being put up for tax sale if taxes are in arrears for the preceding two fiscal years. A collection limit that establishes a dollar limit, below which we would not proceed to a tax sale, but would employ other collection methods. Suggest a limit of $500 (approximate cost of tax sale –legal and advertising), with two exceptions.First,if the property owner has other properties over two years in arrears and over $500, that the properties under $500 also be included in the tax sale list. Second, if the pr operty is in arrears for the preceding five fiscal years, the property be included in the tax sale list ,as, per section 133(7) of the MGA, taxes cease to be a lien on the property when six years have elapsed after the end of the fiscal year in which they were levied. The tax sale preliminary notice period, if longer than the fourteen days in the MGA Suggest we maintain the fourteen-day period and not prescribe a longer period. IMPLICATIONS Policy –Draft a new tax sale policy to replace policy P-01, based upon direction given. Financial/Budgetary –Give direction to the tax sale process Environmental –n/a Strategic Plan –n/a Work Program Implications -n/a OPTIONS TO INCLUDE IN THE D RAFT POLICY Years in arrears before property put up for tax sale: 2 years,as suggested 1 year 3 years Collection limit before property put up for tax sale: $500, as suggested (with 2 exceptions) $500 (but with no exceptions) Some other limit and/or some other exceptions No limit so that all properties in arrears that meet the “years in arrears” policy are put up for tax sale. Tax sale preliminary notice period: 14 days as in the MGA and as suggested (no policy required) Such longer period as council may prescribe 4 Request for Decision and Direction REFERENCES Municipal Government Act http://nslegislature.ca/legc/statutes/municipal%20government.pdf Policy P-01 Tax Sale Policy (attached) COMMUNICATIONS (INTE RNAL/EXTERNAL) Internal –n/a External-n/a REQUEST FOR DECISION Prepared By:Nick Zinck Date 2017-08-23 Reviewed By:Cliff Gall Date 2017-08-23 Authorized By:Tammy Wilson Date 2017-08-23 CURRENT SITUATION A new private road naming request servicing three or more properties off a shared driveway/right-of way, serviced by Highway 329,Fox Point has been received.The land owner has proposed the road name “Sandy Lane”. RECOMMENDATION It is recommended that Municipal Council approve the road name “Sandy Lane”. BACKGROUND When there are three or more addressable properties using an unnam ed shared right-of-way/driveway, the Nova Scotia Civic Address Users Guide states that this point of access must be named. According to P - 44, the road name is suggested following a majority agreement from the land owners supplied by the shared right-of-way. In this instance, there are more than three properties affected,with all owners in favor of proposing the name “Sandy Lane”. DISCUSSION There is only one remotely similar road name within Chester Municipality, with a road name of Sandy Cove Loop in Nova Scotia, which is located in Marriotts Cove, NS. Comments received for “Sandy Lane”: -District 2 Councilor –Floyd Shatford: YES -Municipal Public Works Director –Mathew Davidson: YES -Hubbards Fire Department –Chief Clary Coolen: YES IMPLICATIONS Policy Policy P-44 –New Road Names and Road Name Changes Financial/Budgetary A new road sign (with accessory materials) will be purchased and posted by the Public Works Department. Environmental N/A Strategic Plan N/A REPORT TO:Municipal Council SUBMITTED BY:IS Department DATE:Aug. 22nd, 2017 SUBJECT:New Road Name Assignment ORIGIN: 2 Request For Decision /Direction Work Program Implications N/A OPTIONS1.Municipal Council can approve the road name “Sandy Lane”.2.Municipal council can decide not to approve the name and direct staff to assign a differentname of Council’s choosing. ATTACHMENTS -Request for Decision Form -Signed Petition -Location Map COMMUNICATIONS (INTE RNAL/EXTERNAL) N/A 3 Request For Decision /Direction 4 Request For Decision /Direction INFORMATION REPORT Prepared By:Erin Lowe Date August 22, 2017 Reviewed By:Date Authorized By:Tammy Wilson, CAO Date August 25, 2017 CURRENT SITUATION For the 2017-18 fiscal year, Council created an Economic Development Sponsorship fund to sponsor events or initiatives within the municipality that are designed to help achieve Council priorities and generate local economic development benefit in one or more of the follo wing areas: Supporting business growth and employment. Increasing visitor attraction. Promoting the municipality to residents and visitors. RECOMMENDATION For Information BACKGROUND Sponsorship is a form of marketing in which organizations pay to be a ssociated with certain events. Additionally, sponsorship provides community relations benefits by increasing visibility and recognition as a good community partner. Organizations are recognized as good community citizens when they support initiatives that assist groups that benefit or improve the quality of life and/or programing in their community. Sponsor opportunities are evaluated by the following criteria: Relevance to the community. The Municipal logo must be displayed on some marketing of the e vent. The audience should be significant in size or targeted. REPORT TO:Municipal Council SUBMITTED BY:Erin Lowe,Economic Development Officer DATE:August 22, 2017 SUBJECT:ED Sponsorship ORIGIN:Sponsorship Policy, P-87 2 Information Report DISCUSSION The following sponsorships were issued by the Director of Community Development and Economic Development Officer as of August 22, 2017: Budget 2017-18 $5,000.00 Balance May 31,2017 $5,000.00 Recent Sponsorships Clarke Lodge 8th Annual Marvel Mattson Charitable Golf Tournament $300.00 Hubbards Sailing Club 50th Anniversary Lobster Supper & Dance $500.00 Previously Approved NOW Lunenburg County –Cross Canada Tour Welcome Home Event $500.00 Hubbards Barn Association –Food Truck Rally $500.00 Shoreham Village Foundation –Golf Tournament $650.00 Lunenburg County Christmas Tree Producers Association1 $1500.00 Balance $1,050.00 1 Approved by Motion of Council June 22/17 IMPLICATIONS Policy Sponsorship P-87 Financial/Budgetary This request has been accommodated within the approved budget of $5000 for municipal sponsorships. Environmental None Strategic Plan Goal 6-Promote conditions conducive to fostering economic prosperity. Work Program Implications N/A OPTIONS For Information ATTACHMENTS None COMMUNICATIONS (INTE RNAL/EXTERNAL) Goal Promote conditions conducive to fostering economic prosperity.