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HomeMy Public PortalAbout2017-09-14_Council_Public_Agenda PackagePage 1 of 2 MUNICIPAL COUNCIL AGENDA Thursday,September 14, 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. to 9:00 a.m.) 4.MINUTES OF PREVIOUS MEETING: 4.1 Council –August 31, 2017 5.COMMITTEE REPORTS: 5.1 Committee of the Whole –September 7, 2017 –Warden Webber 5.2 Citizens Planning Advisory Committee –June 5, 2017 (receive minutes only) 5.3 Citizens Planning Advisory Committee:Re:Shipping Containers a)Rescinding of Motion regarding Containers on the north side of Highway #3. b)Permit Shipping Containers on the south side of Highway #3. c)Additional Requirements for Shipping Containers –First Reading 5.4 Any other Committees. 6.MATTERS ARISING: 6.1 Discussion -Motion (2017-421/431) Our Health Centre –Tax Exemption Status a)Letter from Don Munroe, Chair of Our Health Centre Board dated August 15, 2016 regarding Request for Tax Exemption Status for Our Health Centre.(Deferred from August 7, 2017 COW Meeting) 7.CORRESPONDENCE: 7.1 Proclamation Request –Right to Know Week –September 25 to October 1,2017 b)Letter from Gerard Gagnon dated August 16, 2017 regarding Our Health Centre Concerns.(Deferred from August 7, 2017 COW Meeting) Page 2 of 2 8.NEW BUSINESS: 8.1 Request for Decision prepared by Finance Department dated September 7, 2017 to Amend Source of Funding of capital projects as follows: 1.Western Shore Waste Water Treatment Plan Upgrades 2.Village of Chester Water System 8.2 Canada 150 Grant Application –New Ross Market 8.3 Report from Workers’ Compensation Board of Nova Scotia –2018 Rates 9.IN CAMERA: 9.1 MGA Section 22 (2)(a)-Land Negotiations –Property Owned by MODC 9.2 MGA Section 22 (2)(g)-Legal Advice –Our Health Centre 9.3 MGA Section 22 (2)(g)–Potential Litigation –Chester Village and Area Land Use By-Law Violation. 9.4 MGA Section 22(2)(e)–Contract Negotiations –Inter-Municipal Agreement 10.ADJOURNMENT. Council –August 31, 2017 2017-462 -MOVED by Councillor Assaff, SECONDED by Councillor Barkhouse that Council give Notice of its intention to Repeal the Tax Sale Policy P-01 Tax Sale Policy at the September 14, 2017 Council meeting and direct staff to prepare a draft Tax Sale Policy for further consideration that includes the number of years for taxes in arrears before a tax sale (two), the dollar limit and exceptions ($500), and notice period (14 days). CARRIED. REQUEST FOR DECISION AND DIRECTION 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 information 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 D 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 divided 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 circumstances 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 D 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 property 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 DRAFT 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 D and Direction REFERENCES Municipal Government Act http://nslegislature.ca/legc/statutes/municipal%20government.pdf Policy P-01 Tax Sale Policy (attached) COMMUNICATIONS (INTERNAL/EXTERNAL) Internal –n/a External-n/a MOTIONS REQUIRING APPROVAL OF COUNCIL FROM SEPTEMBER 7, 2017 COMMITTEE OF THE WHOLE 2017-468 Approval of September 7, 2017 Agenda 2017-469 Approval of August 24, 2017 Committee of the Whole Minutes 2017-470 WATER SYSTEM NEXT STEPS –SOCIOECONOMIC SURVEY/CONSULTATION WITH VILLAGE COMMISSION MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff that the Committee of the Whole recommend to Council to direct staff to determine a scope of work for a Socioeconomic Analysis in conjunction with the Options Analysis carried out regarding a Village of Chester Central Water System and organize a meeting with the Village Commission to review the scope of work and their involvement. CARRIED. 2017-471 TEMPORARY BORROWING –CELL 4A AND MILL COVE WASTEWATER FACILITY IMPROVEMENTS MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the Committee of the Whole recommend to Council to approve Temporary Borrowing Resolution –Cell 4A Design and Construction in the amount of $3,130,000 and Wastewater Facility Improvements –Mill Cove -$210,450. CARRIED. 2017-472 IN CAMERA -Municipal Government Act Section 22 (2)(a) Land Negotiations –Danny Haughn Property. 2017-473 ACCEPT PROPERTY FROM ESTATE OF DANIEL HAUGHN MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that the Committee of the Whole recommend to Council to accept the gift of property from the Estate of the Late Daniel Haughn located at Middle River, being PID’s 60395860, 60136298, 60136330, and 60692472. CARRIED. 2017-474 ORDER OF LAPEL PINS MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the Committee of the Whole recommend to Council that staff be directed order lapel pins with the new logo depicted. CARRIED. 2017-475 Adjournment. MEMORANDUM Prepared By: Garth Sturtevant Date August 30, 2017 Reviewed By: Tara Maguire Date September 6, 2017 Authorized By: Date CURRENT SITUATION At the June 20th, 2017 meeting of the Village Area Advisory Committee (VAAC), members discussed concerns with a previous amendment approved by Council which permits shipping containers on Highway Commercial properties, within the Village Boundary on properties north of Highway 3 (see Map 1). VAAC members do not agree with a change that occurred at the Council level and was not supported by the VAAC or CPAC committees. The original proposal was to permit containers within the Highway Commercial Zone for properties outside of the Chester Village Boundary. Council opted to expand the permitted range to include Highway Commercial properties within the Village Boundary on the north side of Highway 3. VAAC Members passed a motion asking Council to reconsider, and ultimately reverse the portion of the approved amendment that permits containers within the Village Boundary. VAAC members are seeking a result where containers are permitted within the Highway Commercial Zone but only for properties located outside of the Village Boundary and to prohibit containers within the Village Boundary. Text of VAAC Motion: MOVED by Ray Cambria, SECONDED by Brad Armstrong that the Village Area Advisory Committee recommend that Council reconsider the decision to permit shipping containers on the north side of Highway #3 within the Village of Chester, given the opposition of the public at the recent meeting, with a view to reversing the decision This request was initially brought to Council but referred to the Citizens Planning Advisory Committee for their consideration before a decision is made by Council. CPAC members considered the request at a meeting held August 28, 2017 and made a motion to support the request of the VAAC Committee. Text of CPAC Motion: REPORT TO: Council SUBMITTED BY: Garth Sturtevant DATE: September 14, 2017 SUBJECT: VAAC Motion to Amend SPS & LUB to Prohibit Shipping Containers within Chester Village Boundary ORIGIN: VAAC Meeting June 20, 2017 Memorandum MOVED by Carol Nauss, SECONDED by John Carroll that the Citizens Planning Advisory Committee recommend to Council Option 1, in the August 28, 2017 memo, that Council consider the request from Village Area Advisory Committee Members to retract a recent amendment that permits shipping containers within the Chester Village Boundary on the north side of Highway 3, with a view to reverse the decision. CARRIED. OPTIONS 1. Direct staff to prepare draft amendments to fulfill the Village Area Advisory Committee’s request to further amend the Chester Village Secondary Planning Strategy to prohibit shipping containers within the Village Boundary on both sides of Highway 3. 2. Take no immediate action and refer this issue to the upcoming Plan Review process (anticipated to occur during 2018) for further discussion and consideration. 3. Deny the request of the VAAC and direct staff to take no further action on this request. The result being that the previous amendment will remain as approved. ATTACHMENTS Map 1 – Highway Commercial Properties South of Highway #3 CPAC Memo – August 28, 2017 VAAC Meeting Minutes – June 20, 2017 MEMORANDUM Prepared By: Garth Sturtevant Date July 14, 2017 Reviewed By: Date Authorized By: Date CURRENT SITUATION At the June 20th, 2017 meeting of the Village Area Advisory Committee (VAAC), a discussion was held regarding a request to expand the permitted area where shipping containers may be kept and used as non-residential storage structures. The request was seeking to permit shipping containers on Highway Commercial properties, within the Chester Village Boundary on properties located south of Highway 3. After recommending against this proposed amendment, VAAC members discussed concerns with a previous amendment approved by Council that permits shipping containers on Highway Commercial properties, within the Village Boundary on properties north of Highway 3 (see Map 1). VAAC members do not agree with a change that occurred at the Council level and was not supported by the VAAC or CPAC committees. The original proposal was to permit containers within the Highway Commercial Zone only outside of the Chester Village Boundary. Municipal Countil opted to expand the permitted range to include Highway Commercial properties within the Village Boundary on the north side of Highway 3. VAAC Members made a second motion asking Council to reconsider, and ultimately rescind or undo the amendment that permits containers within the Village Boundary. VAAC members are seeking a result where containers are permitted within the Highway Commercial Zone but only for properties located outside of the Village Boundary and containers are prohibited within the Village. Text of VAAC Motion: MOVED by Ray Cambria, SECONDED by Brad Armstrong that the Village Area Advisory Committee recommend that Council reconsider the decision to permit shipping containers on the north side of Highway #3 within the Village of Chester, given the opposition of the public at the recent meeting, with a view to reversing the decision REPORT TO: Citizens Planning Advisory Committee SUBMITTED BY: Garth Sturtevant DATE: August 28, 2017 SUBJECT: VAAC Motion to Amend SPS & LUB to prohibit Shipping Containers within Chester Village Boundary ORIGIN: VAAC Meeting June 20, 2017 Memorandum OPTIONS 1. Recommend that Municipal Council consider the request from VAAC Members to retract a recent amendment that permits shipping containers within the Chester Village Boundary on the north side of Highway 3, with a view to reverse the decision. 2. Recommend that Municipal Council not consider the request of the VAAC, the result being that the previous amendment will remain as approved. ATTACHMENTS Map 1 – Highway Commercial Properties South of Highway #3 VAAC Meeting Minutes – June 20, 2017 64°14'10"W 64°14'10"W 64°15'0"W 64°15'0"W 4 4 °3 3 '2 0 "N 4 4 °3 3 '2 0 "N 4 4 °3 2 '3 0 "N 4 4 °3 2 '3 0 "N MUNICIPALITY OF THE DISTRICT OF CHESTER Highway Commercial Zone Properties South of Highway 3 HC Properties South of Highway 3HCProperties North of Highway 3HC Outside BoundaryArchitectural Control AreaPropertiesVillage Boundary (MODC) 210 0 210105 Metres7100 710355 Feet Scale: 1:10,687 Rev.:Date:Description: Created - April 7, 2017 Sources:Digital Base Map Data from Service Nova Scotia andMunicipal Relations Prepared by the Municipality of the District of Chester Coordinate System/Datum: UTM NAD83 CSRSZONE 20N Map Disclaimer:Information shown on these drawings is compiled fromnumerous sources and may not be complete oraccurate. The Municipality of the District of Chester isnot responsible for any errors, omissions or deficienciesin these drawings. Actual Map Size: w 8.5" x h 11" Representation of "Enter Description Here"Scale: 1:15,000,000 CVR C I MI I SR I I LR LR MR LR RU RU I I RU2 RU P LR I C I 336 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of Regular Meeting of VILLAGE AREA ADVISORY COMMITTEE Held at the Council Chambers, 151 King Street, Chester, NS On Tuesday, June 20th, 2017 PRESENT Members Carol Nauss (Chair) Ray Cambria Councillor Sharon Church Kerry Keddy Brad Armstrong Nancy Hatch (Acting Village Commission Representative, pending Council approval – non-voting, until approved) Staff Tara Maguire, Director of Community Development Garth Sturtevant, Planning Assistant Sandra Challis, Administrative Assistant Regrets Warden Allen Webber Councillor Danielle Barkhouse Dave Foley Gallery: 2 persons 1. CALL TO ORDER 1.1. The meeting was called to order at 7:02 p.m. by the Director. 2. ELECTION OF CHAIR 2.1. The Director asked for nominations for the position of Chair. Carol Nauss was nominated by Cllr. Church and seconded by Brad Armstrong; with no other nominees, Carol Nauss resumed chair of the Village Area Advisory Committee for the 1-year term. 3. ADOPTION OF AGENDA 3.1. Brad Armstrong requested that Boathouses be added under Other Planning Matters. 4. MINUTES OF PREVIOUS MEETING 4.1. Approval of the Minutes of the Village Planning Advisory Committee meeting on April 18, 2017. Ray Cambria pointed out a typo in the title of 4.1, the use of “with” instead of “within”. 2017-350 MOVED by Brad Armstrong, SECONDED by Ray Cambria that the minutes of the 18th April, 2017 meeting of the Village Area Advisory Committee be accepted with the change to “within” in the title of 4.1. CARRIED. Village Area Advisory Committee Tuesday, June 20, 2017 337 __________________________________________________________________________________________________________________ 5. BUSINESS ARISING 5.1. REPORT ON THE PUBLIC INFORMATION MEETING held May 15th and further discussion on a request to amend the Chester Village Secondary Planning Strategy and Land Use By-law to permit Shipping Containers on properties zoned Highway Commercial and located south of Highway #3 The Planning Assistant went over the report which covered the public information session, the on-line and paper survey and the email submissions that had been received in relation to Shipping Containers. Approximately thirty people had attended the PIM and clear direction had been received with the unanimous agreement that the proposed amendment should not proceed and several calls to Council to rescind the amendment permitting Shipping Containers within the Village boundary, on the north side of Highway #3. Forty-six people had responded to the survey and of these, thirty-five had answered “No”, they would not support amendments to allow Shipping Containers on the south of Highway #3, eight had answered “Yes, with existing conditions” and three had answered “Yes, with additional conditions”. Eleven email submissions had been received over a period beginning during the previous amendment up to the current time and mostly provide general feedback on shipping containers within the Village regardless of which side of the highway they may be situated; none offered support to allowing Shipping Containers in the Village. The report also provided details of the potential impact on the South side of Highway #3 should the amendment move forward. Of the thirty-three highway-commercial zoned properties, twenty-three appear to have sufficient lot area, but only ten have a valid non- residential main structure and use operating on the property at this time. In reviewing the feedback, it should be noted that there is a potential for overlap, as the attendees of the PIM may also have completed the survey, therefore there may not be seventy-six unique opinions. However, the public consensus appears to be not in favour of allowing Shipping Containers on the south of Highway #3 within the Village boundary. Council have already directed staff to review the Highway 3 Streetscape Plan as part background work for Plan Review for the Secondary Planning Strategy, and this is likely to take place in 2018. Also, limiting the size of containers is included in the review. Essentially, based on the level of engagement, the feedback and comments received, staff do not feel that it is appropriate to move forward with this amendment at this time, as substantial policy changes would be required and there does not appear to be public support to continue. Therefore, Staff are recommending the Committee put forward a negative recommendation to CPAC. Should the Committee decide on a positive recommendation, Staff would need to return with language to support the amendment in the planning documents. Village Area Advisory Committee Tuesday, June 20, 2017 338 __________________________________________________________________________________________________________________ DISCUSSION Brad Armstrong questioned if Council would be able to make the decision to quash the amendment process without waiting for CPAC. The Director replied that procedure would be VAAC recommend to CPAC and CPAC recommend to Council. At that time, Council may accept the negative recommendation and this would halt the process. Alternatively, should they choose to proceed with the amendment, Staff would be directed to draft language for the changes; there would be no input from either Advisory Committee at this stage. Brad Armstrong stated he felt that Council should consider the PIM as a Public Hearing as there was a good turnout and hoped that they can see the level of opposition to the request. The majority of residents in the Village live happily with the Land Use By-law and the Streetscape Plan and generally support the changes that have occurred in the past; however, the recent amendment has made people question how the Streetscape Plan has been interpreted. Nancy Hatch asked where the public’s request to get the previous amendment rescinded fits into the overall scheme of things. The Planning Assistant explained that technically the amendment cannot be rescinded, only motions where no action has been taken can be rescinded. The resulting amendment to the Land Use By-law would require a further amendment to undo what had previously been done. The Director thought that this topic had recently been discussed by Council, but no direction had been given to Staff. It would be possible for this Committee to make a motion recommending that Council to re-visit their decision. Nancy Hatch expressed concern that whilst this is going from Committee to Council, the damage could already be done – and Shipping Containers could be moved in. Brad Armstrong believed that should another Public Hearing be held to discuss Shipping Containers, there would be a greater turn out than previously; as many people are unhappy with the decision that Council made, going against two of their own Committees and many written submissions. Kerry Keddy stated that he does not see a line-up of people waiting to bring containers onto their property and feels that the ability to use Development Agreements could have easily addressed and controlled Shipping Containers for the specific individuals requesting them. He feels that this situation is a good example of where DA’s provide the ideal solution. He hoped that the use of DA’s would be reviewed as part of Plan Review. Kerry Keddy highlighted again the two containers on provincial property over which the Municipality appears to have no jurisdiction – the public wharf and the school, and feels that if people have a right to be angry about any containers, then this is where the attention should be focused. He is aware that complaints have also been raised about other containers on private property in the Marine Industrial zone; an area which could understandably have a valid use for one. The Planning Assistant replied that they are not permitted in this zone and the matter is currently under investigation with the Development Officer. Brad Armstrong Village Area Advisory Committee Tuesday, June 20, 2017 339 __________________________________________________________________________________________________________________ added that the Committee to make a request of Council to write to the Province about the two containers should they so wish. Ray Cambria asked for clarification on the two trailers currently located at the Home Hardware. The Director explained neither of them were made “legal” with the recent container amendments - one pre-dates the by-law and is therefore grandfathered, and the other is currently in violation. Ray Cambria asked if there had been any indication, in light of the amendment, that one may be replaced by a container. The Planning Assistant replied that the understanding is the owner intends to construct an addition on the existing building, but has been waiting for the recent amendment regarding site plan requirements in the Highway 3 Approval Area, before an application can be made. Ray Cambria asked should the property owner replace one of the trailers with a container, would it have to conform to the camouflage regulations that the recent amendment imposed? The Director confirmed this is so and added that if they applied to install a container, prior to any direction to undo the previous amendment, it would be permitted, subject to meeting the conditions. Kerry Keddy asked how long violations take to be resolved. The Director advised that the file is with the Development Officer, but the exact status of the violation is unknown to her at this time. Generally, the DO tries to work with the property owner to reach a satisfactory conclusion within a reasonable timeframe, prosecution would need Council approval as there is a cost implication. 2017-351 MOVED by Ray Cambria, SECONDED by Brad Armstrong that the Village Area Advisory Committee provide a negative recommendation that Council not adopt the proposed amendment to permit shipping containers within the Highway Commercial Zone on properties located to the south of Highway #3. Brad Armstrong requested recorded votes. In Favour: Ray Cambria, Brad Armstrong, Cllr. Church Abstain (Against): Kerry Keddy Did Not Vote (Against): Carol Nauss CARRIED 2017-352 MOVED by Ray Cambria, SECONDED by Brad Armstrong that the Village Area Advisory Committee recommend that Council reconsider the decision to permit shipping containers on the north side of Highway #3 within the Village of Chester, given the opposition of the public at the recent meeting, with a view to reversing the decision DISCUSSION Ray Cambria explained the reason for the motion, is that Council have already directed Staff to review the Highway 3 Streetscape Plan as part of Plan Review, and that is perhaps a more appropriate time for these amendments to be re-considered. Both VAAC and CPAC did not Village Area Advisory Committee Tuesday, June 20, 2017 340 __________________________________________________________________________________________________________________ support amendments to containers located in the Village Boundary, and based on the input received from the public recently, residents do not support the amendments either. Brad Armstrong requested recorded votes. In Favour: Ray Cambria, Brad Armstrong, Cllr. Church, Kerry Keddy Did Not Vote (Against): Carol Nauss CARRIED 6. NEW BUSINESS 6.1. There was no new business to discuss. 7. OTHER PLANNING MATTERS 7.1 HEIGHT OF BOATHOUSES Brad Armstrong commented that the new boathouse erected on Back Harbour did not have to adhere to any height restrictions and public views have been obstructed, particularly from the Old Stone Bridge, following the construction. Brad Armstrong recalled at some point boathouses were to be limited to 15ft, but could not remember what had happened with this. A discussion followed that it would be useful for the Committee to know what possibilities there are for development for future boathouses in the Village. 2017-353 MOVED by Brad Armstrong, SECONDED by Ray Cambria that the Village Area Advisory Committee request staff to prepare a report on the development of Boathouses in the Village. CARRIED. 7.2 CONSERVATION DISTRICT Kerry Keddy asked if now is the time to consider a Conservation District in the Village; protecting and controlling one area would set the tone, the look, the feel of the Village which could inspire sensitive development in the area. The Director replied that it is possible to do this through architectural controls, but previously the appetite for stricter controls, like type of material, had not be welcomed; it will be part of the Plan Review and the bigger conversation. 8. DATE OF NEXT MEETING 8.1 Tuesday July 18th, 2017 at 7:00p.m. 9. ADJOURNMENT 2017-354 MOVED by Brad Armstrong, the meeting adjourned at 8:11 p.m. ______________________________________ _____________________________________ Carol Nauss Sandra Challis Chairperson Administrative Assistant 1 Cindy Hannaford Subject:FW: RE: Begin forwarded message: From:Kim Geldart Date:August 9, 201 To:<awebber@chester.ca> This is the letter I produced Don Munroe signed and we had account filled in and dropped off You can come and check my computer for the date saved-was August 2016 When the tax bill came I called and was told it must have gone missing with the changeover They requested a second letter at which time I contacted Don Apparently Don Munroe spoke to people there but never put anything in writing the second time I was in contact with Steve Graham on several occasions regarding this and he could confirm getting the first letter You dropped the ball –as we should have been tax exempt before we got the bill Don dropped the ball by not putting in writing the second request I would call it a mistake on both parts and exempt OHC-the thought of collecting tax money from them is just beyond! Thanks Kim August 15,2016 To : The Municipal Council From: Our Health Centre I am writing to request tax exemption status for Our Health Centre as set out in Bylaw #74- Tax Exemption for Charitable, Non-Profit Organizations . Our Health Centre has non- profit, charitable status serving the people of the Municipality of Chester to improve the health of our communities. As you know through the hard work of a large number of volunteers the centre has become a reality and will open in the fall of 2016. Our registered charity number is 826869703 RR0001. Our account # with the municipality is_______________ We appreciate all the support we have been given from the council and look forward to working with you to promote programming and healthy living in our communities. Thanking you for your consideration- Don Munroe, Chair of Our Health Centre Board 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 soleigfor 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 operatedfor charitable purposes). Then there is their following rental advertisement: Our Health Centre (OHC) invites Expressions ofInterestfrom providers ofservices 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 , 1 Cindy Hannaford Subject:FW: Attention: Tammy Wilson, CAO From:gerard Sent:Tuesday, September 12, 2017 12:49 PM To:Tammy Wilson, MURP, MCIP <twilson@chester.ca> Subject:Attention: Tammy Wilson, CAO September 12, 2017. Tammy S Wilson, MURP, MCIP Chief Administrative Officer Good day Ms. Wilson; Has the Municipal Legal Advisor advised Council on the legality of the Municipality to grant the Our Health Centre Association any Municipal tax relief? The Municipal Government Act and the Chester Municipal by-law #74 are quite specific that in order for any group seeking tax relief to qualify to be included in Schedule “A”; their property must be “used directly and solely for a charitable purpose” To quote from the Our Health Centre Association’s business plan: “Our Business Plan is based on space rental,fees for certain services,and a small on-going fundraising commitment, to allow us to continue to build income from a growing endowment.” Then there is this advertisement on the OHC Association’s web site: “SPACE for RENT at OHC” “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.” ”OHC has six (6) flex offices available for rent on a daily, weekly, monthly basis. A community 2 room and a smaller meeting room are also available for rent on an hourly basis. There are waiting areas on both levels.Parking and Wi-Fi are at no cost For inquiries, please contact Lorraine Burch at lburch@ourhealthcentre.ca ;902-275- 3847 Background information is also available at www.ourhealthcentre.ca.” Its worth noting that these “renters”are not operating directly and solely for charitable purposes. Section 71 of the Municipal Government Act permits Municipalities, by by-law, to provide complete or partial tax exemptions for properties used for the public benefit, as outlined below: “Property of non-profit community, charitable, fraternal, educational, recreational, religious, cultural or sporting organization if council considers the organization provides a service that might otherwise have to be provided by the council.” Since there was/is absolutely no need for the Municipal Council to provide any services offered by the OHC Association, this property does not fall under this section of the MGA either. There are huge areas of available commercial rental units which could easily replace the OHC rental space at a much cheaper price. (Chester Shore Mall, etc.) The Nova Scotia Health Authority can cancel its rental contract with OHC on 6 months notice, which certainly shows that the NSHA is not dependent on the OHC rental building. There are more full-time family physicians and nurses in Hubbards than are provided in the OHC rental building; to date, I have not heard that they are crying for Municipal tax exemptions. The Municipal Government Act is what legitimates all Nova Scotia Municipal Councils, and Councils MUST follow ALL sections of the Act. 3 Perhaps its time for the Municipality to inform the Our Health Centre Association that it does not qualify for Municipal tax exemption and will be denied tax exemptions from the Municipality. Gerard Gerard Gagnon PROCLAMATION RIGHT TO KNOW WEEK September 25 to October 1, 2017 WHEREAS the Municipality of the District of Chester has adopted the principles of openness,transparency and accountability;and WHEREAS Part XX of the Municipal Government Act gives citizens a right of access to information in the custody or under the control of the Municipality of the District of Chester;and WHEREAS access to information ensures citizens of Nova Scotia have the opportunity for meaningful participation in the democratic process; and WHEREAS a celebration of the right of citizens to access information will facilitate informed public participation in policy formulation, ensure fairness in government decision-making and permit the airing and reconciliation of divergent views; and WHEREAS the Municipality of the District of Chester joins all other Canadian jurisdictions and democracies world-wide in acknowledging international Right to Know Week; THEREFORE, be it resolved that I,Allen Webber, Warden], Municipality of the District of Chester do hereby proclaim September 25 to October 1, 2017 to be Right to Know Week in the Municipality of the District of Chester. ________________________________________________________ Allen Webber, Warden Date REQUEST FOR DECISION Prepared By:Malcolm Pitman, CPA, CA, Director of Finance Date September 7, 2017 Reviewed By:Date Authorized By:Tammy Wilson, CAO Date September 7, 2017 CURRENT SITUATION Council has approved the 2017-18 capital budget for the above noted capital projects as follows: Capital Budget - 2017/18 Gas Tax Sewer Grants/Other Fund from Project Cost Reserve Reserve Funds Borrowing Village of Chester: VOC Water System - Design $500,000 500,000 Western Shore Sewer: WWTP Upgrades - UV & Building Upgrades$1,761,200 206,200 200,000 1,166,250 CWWF 188,750 When a request was sent to our Municipal Advisor to draft temporary borrowing resolutions for the above projects he responded that were cannot use debt for the water system until we are certain of construction and that we cannot use gas tax reserves for the Western Shore WWTP as we are already at 50% Federal funding and cannot go over the 50%.The 50% was arrived at as follows: the original project estimate was $1,555,000 and 75% funding from Clean Water Wastewater Fund consists of 2/3 Federal, or 50% of the total. This cannot be increased even though we have revised our cost estimate by $206,200 to $1,761,200. RECOMMENDATION That Municipal Council approve the following changes for the above projects: A.Splitting the VoC water system project into two parts. First, the current work on assessment for $60,000 to be funded 50/50 with the Village and $30,000 gas tax reserves as a building capacity project. Second, the VoC design part of the project be separated as the remaining $440,000 to be funded by borrowing. B.Replace the Western Shore WWTP gas tax funding with an additional $206,200 from the sewer reserve. Revised Capital Budget - 2017/18 Gas Tax Sewer Grants/Other Fund from Project Cost Reserve Reserve Funds Borrowing Village of Chester: VOC Water System - Assessment $60,000 30,000 30,000 VOC Water System - Design $440,000 440,000Western Shore Sewer:. WWTP Upgrades - UV & Building Upgrades$1,761,200 406,200 1,166,250 CWWF 188,750 REPORT TO:Municipal Council SUBMITTED BY:Finance Department DATE:September 14, 2017 SUBJECT:Amend Sources of Funding for capital projects –VoC Water System and WWTP Upgrade Western Shore ORIGIN:Request from Municipal Advisor 2 Request For Decision DISCUSSION By splitting the VoC water system into $60,000 assessment and $440,000 design,we will be certain of construction if the commitment to do design work is approved. This will make the design part of the project eligible for debt financing. The $30,000, or 50/50 cost sharing, from the Village was a funding source that was not identified for the assessment part at the time the budget was approved.An alternative option versus using $30,000 of gas tax reserves is using operating reserves. The Western Shore Sewer gas tax funding can be replaced with available sewer reserves. Sewer reserves available are $456,872 (March 2017 balance of $889,872 less 2017-18 budget $433,000).An alternative option is to use additional borrowing and increase the $188,750 to $394,950. IMPLICATIONS Policy –n/a Financial/Budgetary –amend 2017-18 capital budget as described Environmental –n/a Strategic Plan –n/a Work Program Implications -n/a OPTIONS VoC water system –assessment part 1.Fund our $30,000 from gas tax reserves as recommended 2.Fund our $30,000 from operating reserves Western shore WWTP 1.Fund the $206,200 from sewer reserves as recommended 2.Fund the $206,200 by borrowing ATTACHMENTS None COMMUNICATIONS (INTERNAL/EXTERNAL) Internal –n/a External-Amend the Capital Investment Plan (CIP) that was submitted to the Province Municipality of the District of Chester Canada 150 I wo Grant Application CHESTER CANADA150 Council for the Municipality of Chester is offering special Canada 150 celebration funding to local community organizations. This funding is intended to help make your Canada 150 event special and to show how proud we are to be Canadian. Following are the details of the funding: Application: You must complete this form and submit it to the Recreation & Parks Department. Deadline: Applications will be accepted any time. The latest applications will be received is October 31, 2017. Available Funding: A total of $35,000 is available. Funds will be approved on a first come first served basis. Timeline: Funds must be spent before December 31, 2017. Note - Application for Canada 150 funds does not restrict groups from applying for a regular Council grant, you may apply for both. 1. Name of Group: 'v EW Rom Co u A-T1Q Z MARLL l CO O AF7e ICyiF e-7 2. Brief Description of Event: P46 o1h, 3. Date of Event: 4. Number of People you expect to attend your event:_ l.$) 5. Funding Amount Requested: $ 200o0 6. Name - Print:<9 b & AJ (CIC U9 Signature: Canada 150 applications should be submitted to: Municipality of Chester Recreation & Parks Canada 150 151 King Street PO Box 369 Chester NS BOJ 1.10 (In person or by mail) 902-275-3630 (Fax) recreation@chester.ca (Email) REQUEST FOR DECISION Prepared By:Erin Lowe Date September 12, 2017 Reviewed By:Date Authorized By:Date CURRENT SITUATION Council has determined that providing rural Internet access is critical to the economic growth and participation in the digital economy for the Municipality’s residents and businesses. In order to move this vision forward, Council has decided to undertake a regional study,in partnership with the Region of Queens Municipality and the Municipality of the District of Lunenburg,to determine the most appropriate approach to providing high speed access in underserved communities and to provide initial cost estimates. This network design study will define possible design options moving forward. This project requires the identification of desirable communities that are to be serviced. From that list,we are also asked to identify priority communities where there will be a more detailed analysis completed including:a site visit, geographical coverage heat map identifying the level of service, and a cost breakdown for that community. Our current budget allows for the selection of seven priority communities. BACKGROUND / DISCUSSION There are a number of factors to consider when selecting priority communities: Possible points of presence (PoP)/anchor institutions:required for power for regeneration of signal, back-up power, and secure area to store fibre end-point. o Will have to negotiate with owners. Service range from PoP:5 km is our base range. Could go farther or some cases it might be less if there is tree blockage or terrain issues.Also, may not get a perfect ring around the PoP due to these issues. Current level of service: o the Connect to Innovate Program eligibility map REPORT TO:Municipal Council SUBMITTED BY:Erin Lowe, Economic Development Officer DATE:September 12, 2017 SUBJECT:Selection of Priority Communities for Broadband Infrastructure ORIGIN:Economic Development Strategy 2 request for decis ion o Municipality internet survey completed in 2016 o Level of complaints to Council (business and residence) Business clusters:ACOA is open to provide funding if the project increases the community’s competitiveness,and chance of attracting new businesses to the area. RECOMMENDATION After a high-level assessment of the communities, staff recommend moving forward with the following communities and their corresponding possible PoPs.See also attached map. Priority Community Possible Point of Presence Blandford District 1 Community Centre Mill Cove Aspotogan Consolidated Elementary School Chester Grant Forest Heights Community School Western Shore Royal Canadian Legion Branch 144 New Ross New Ross Consolidated School Forties Forties Community Centre Canaan Canaan And District Hall Association (Little Red Schoolhouse) IMPLICATIONS Policy N/A Financial/Budgetary N/A This is within the budget allowed for this project. Environmental N/A Strategic Plan (Goal) Promote conditions conducive to fostering economic prosperity Work Program Implications N/A OPTIONS 1.Approve recommended priority communities as listed above. 2.Remove one or more of the suggested communities and replace with a different community. 3.Increase budget to include additional communities over and above the seven listed at $1,000 per additional community. ATTACHMENTS Map identifying suggested priority communities and possible points of presence/anchor institutions. !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( 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!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( # # # # # # # # # # # NorthwestCove Fraxville ChesterIslands Lake Ramsay Canaan Aspotogan Leville Martins Point Chester Grant Bayswater Mill CoveEastRiverPoint Chester Basin Blandford Deep Cove Aldersville Pennal 19 Chester NewRoss 20 Harriston FraneyCorner Hubbards East Chester Beech Hill Sherwood Western Shore Gold River Mill Road New Ross New Russell Fox Point RobinsonsCorner MarriottsCove Seffernville Windsor Road East River SimmsSettlement The Lodge BirchyHead Beech Hill Gold River 21 MartinsRiver Forties ACES Dis. 1Comm.Centre New RossSchool ForestHeights ChesterBasinFire Kaizer Meadow MODC office WesternShoreLegion Bonny Lea Little RedSchool FortiesCommunityCentre Rev.:Date:Description: 0 Brief Description MUNICIPALITY OF THEDISTRICT OF CHESTER Enter Name of Map Here From Date: YY/MM/DD ® #New Ross School #ACES #District 1 Community Centre #Bonny Lea #Ross Farm #Forties Community Centre #Little Red Schoolhouse #Forest Heights #Chester Basin Fire Hall #Kaizer Meadow #MODC office #Western Shore Legion !(CivicsCommunity Boundaries (LC) Actual Map Size: w 17" x h 11" YY/MM/DD Digital Folders and File Name:"Map Library Folder/Project Folder" Date Printed: 17/09/13To Date: YY/MM/DD Classification #: 05400-55 Status: Exists/Withdrawn/Planned/Conceptual Representation of "Enter Description Here"Scale:1:8,842,793 5,250 0 5,2502,625 Metres Project ID: Sources:Digital Base Map Data from Service Nova Scotia andMunicipal Relations Prepared by the Municipality of the District of Chester Coordinate System/Datum: UTM NAD83 CSRSZONE 20N Map Disclaimer:Information shown on these drawings is compiled fromnumerous sources and may not be complete oraccurate. The Municipality of the District of Chester isnot responsible for any errors, omissions or deficienciesin these drawings. Scale:1:189,193