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M UNICIPAL COUNCIL
AGENDA
Thursday,December 14, 2017
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 –November 30, 2017
5.COMMITTEE REPORTS:
5.1 Committee of the Whole –December 7, 2017 –Warden Webber
(approval of motions only)
5.2 Committee of the Whole –November 21, 2017 –Warden Webber
(approval of minutes only)
5.3 Any other Committees.
6.MATTERS ARISING (if any).
7.CORRESPONDENCE:
7.1 Letter from Phil Otto dated November 15, 2017 requesting an exemption as per
Part E Section 14(b) of the Sewer By-Law.
a.Copy of Sewer By-Law #34
7.2 UNSM Board Report dated December 1, 2017.
8.NEW BUSINESS:
8.1 Presentation from Forestry Group (New Ross)–9:00 am.
8.2 Request for Decision –Planning Position, Community Development.
8.3 Request for Decision –Gold River Western Shore –Community Use -Agreement
Option.
8.4 Request for Decision –Kaizer Meadows -NSPI System Impact Assessment
Deposit.
Page 2 of 2
8.5 Request for Decision prepared by the Director of Finance dated December 5,
2017 regarding Temporary Borrowing Resolutions required for financing projects:
a.Western Shore Wastewater Treatment Plant Upgrade –$188,750
b.Landfill Tower and Chlorine Chamber -$225,000
8.6 Reduction of Taxes Request under Policy P-23:
a.Request for Decision dated December 5, 2017 prepared by Director of
Finance regarding a request for reduction of taxes under Policy P -23
Reduction of Taxes Policy.
b.Request from owner of the property for consideration of a reduction in
taxes per Policy P-23 due to water damage of the property.
c.Letter from Property Valuation Services dated December 4, 2017
regarding the revised value of the property.
9.IN CAMERA (if any).
10.ADJOURNMENT.
MOTIONS REQUIRING COUNCIL APPROVAL
FROM DECEMBER 7TH COMMITTEE OF THE WHOLE MEETING
2017-650 APPROVAL OF AGENDA/ORDER OF BUSINESS
2017-651 APPROVAL OF NOVEMBER 21ST, 2017 MINUTES
2017-652 REQUEST FOR NEW ROAD NAME
MOVED by Councillor Shatford,SECONDED by Councillor Church that the Committee of the Whole
recommend to Council to approve the road name “Coyote Creek Road”in Chester Grant.CARRIED.
2017-653 REQUEST FOR SUPPORT OF NAME CHANGE
MOVED by Councillor Shatford, SECONDED by Councillor Barkhouse that the Committee of the Whole
recommend to Council to send a letter to the UNSM expressing support the concern raised by the
Municipality of St. Mary’s respecting the name change of UNSM. CARRIED.
2017-654 REQUEST FOR FUNDING –RECREATION AND PARKS
MOVED by Councillor Shatford, SECONDED by Councillor Barkhouse that the Committee of the Whole
recommend to Council to approve a Council grant in the amount of $500 to the Western Riptide
PeeWee Girls for their participation in the Canada 150 Hockey on the Hill Tournament. CARRIED.
2017-655 REQUEST FOR LIST OF COST SHARED ROADS TO NSDOTIR
MOVED by Councillor Hector, SECONDED by Councilor Barkhouse that the Committee of the Whole
recommend to Council that Council submit the updated priority list for roads to be paved to NSDOTIR as
follows:
-Regent Street
-Birch Street
-Maple Street
-Pine Street
-Beech Street
-Cedar Street
-Lawrence Hatt
-Prince Street
. CARRIED.
2017-656 REQUEST FOR FIRE INSPECTION OF PROPERTY
MOVED by Councillor Hector, SECONDED by Councillor Shatford that the Committee of the Whole
recommend to Council to authorize the Municipal Fire Inspector to complete a Fire Inspection of a
private dwelling at 766 Highway 329,if so required. CARRIED.
2017-657 ADJOURNMENT
576
MUNICIPALITY OF THE DISTRICT OF CHESTER
Minutes of Meeting of
COMMITTEE OF THE WHOLE
Held at Forest Heights Community School, Chester Grant,NS
On Tuesday,November 21,2017
The meeting was called to order at 9:10 a.m.
ROLL CALL
Council Warden Webber Councillor Connors
Deputy Warden Shatford Councillor Hector
Councillor Church Councillor Barkhouse
Councillor Assaff
Staff Tammy Wilson, CAO Cindy Hannaford, Executive Secretary
Pamela Myra, Municipal Clerk Sam Lamey, Municipal Solicitor
Public There were a number of students and members of the public in attendance at
various times throughout the meeting
Press There were no members of the press in attendance.
Staff There were several members of staff in attendance.
Warden Webber pointed out that there were various works of art in the entry and room created
by students of FHCS.He also noted that the School Board Representative,Theresa Griffin, was
present along with the Student Advisory Committee.
Introductions were made around the Council table and Student Advisory Committee Members
indicated who they were;Juliet Ernst,President, Taylor Stevens, Kiera Kowalik, Heidi Levy,
Mateah Hancock, Jenna Wilson,and Rowan MacInnis.
APPROVAL OF AGENDA/ORDER OF BUSINESS
2017-628 MOVED by Councillor Church, SECONDED by Councillor Barkhouse the Agenda/
Order of Business be approved as circulated. CARRIED.
Committee of the Whole (continued)November 21, 2017 577
PUBLIC INPUT SESSION
No one present wished to address Council.
MINUTES OF PREVIOUS MEETING
3.1.Committee of the Whole –November 2, 2017
2017-629 MOVED by Councillor Hector, SECONDED by Councillor Barkhouse the minutes of
the November 2, 2017 meeting of the Committee of the Whole be approved as
circulated. CARRIED.
MATTERS ARISING
5.1 PowerPoint Presentation by FHCS Student Government.
Juliet Ernst, Student Government President, reviewed a PowerPoint presentation and
commented on the following:
She thanked Council for meeting at the school on occasion; it is important for the
Student Council to see what they do and how the process works;
The Student Council has 25 members; a photo of the group was shown;
Their focus is school spirit,along with community and school involvement; they have pep
rallies,various festivities,and get input on what students want to see.
The group also helps with events taking place at the school, i.e. Remembrance Day and
bingo fundraiser.
She also showed pictures of past events held at FHCS; their goal is to make it fun and
have people enjoy themselves.
5.2 FHCS Students –Discussion regarding the organization of a food/toy drive event.
Mateah Hancock, Jenna Wilson reviewed their current project, which is to help families in the
community who might need some assistance during Christmas –the will be holding a food bank
drive as well as gathering clothing and toys.
They have visited Chester District School, Chester Area Middle School, and Aspotogan
Community Elementary School. The will be going to New Ross Community School soon. Their
goal is to get all schools involved.
They asked if there was some way the Municipality could help with advertising to get the word
out.They will also offer going out to the communities to pick up donations.
Committee of the Whole (continued)November 21, 2017 578
Later in December will go around the community and they will pick up.They are requesting
funding from local businesses to purchase gifts or gift cards. They are also looking for drop-off
locations in New Ross and Western Shore and then they will be ready to get posters made.
Warden Webber indicated that staff will assist with the advertising request through our web
page as well as Facebook and Twitter.
Warden Webber commented that the Municipality is also in a food drive competition with
another municipal unit to see who can generate the most food for the foodbank.
There was some discussion on options for distributing the food, toys, clothes to the various
communities and families who might benefit from the initiative, i.e. community closets, Salvation
Army family sponsors, etc.
Councillor Connors indicated that she would speak with the student council and check on some
possible locations in New Ross.
Deputy Warden Shatford congratulated them on great work and indicated that in his district the
Lions Club distributes toys, clothes, etc. and suggested that they may have information that
could be useful as well.
2017-630 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the
Committee of the Whole recommend to Council to approve a grant in the amount
of $200 to the Forest Heights Student Government to assist with their Christmas
food/toy/clothing drive. CARRIED.
Warden Webber indicated that he would have the Communications Officer contact them to
work out the details.
CORRESPONDENCE
There was no correspondence for discussion/review.
NEW BUSINESS
7.1 Request for Decision prepared by Engineering and Public Works Department dated
February 7, 2017 regarding Sidewalk/Driveway Entrance Painting.
The CAO indicated that previously Council had asked for information regarding the possibility of
painting areas of the sidewalks where there is a dip/depression. Council, at that time, opted not
Committee of the Whole (continued)November 21, 2017 579
to pursue the painting. Recently, however, the matter was raised again and staff was asked to
regenerate the report for review.
The Director of Engineering and Public Works reviewed the information included in the memo
dated February 7, 2017 regarding Sidewalk/Driveway Entrance Painting.He indicated that he
determined that one other municipality in the area paints the locations where there are changes
in grade. The cost for the first year would be approximately $3,000 and, ongoing, would be
$1,500 annually which would be half painted one year and the other half painted the next year.
There was discussion regarding the painting of sidewalks (at locations where there are changes
in grade) as a pilot program in the Village of Chester, throughout the municipality,where there
are known difficulties,or not at all.
The Director of Engineering & Public Works commented on the standards for sidewalks which
are the standards set by DOTIR. There is no change in the horizontal grade; however, the
vertical grade is changed depending upon the location.
Members of the Student Council commented and felt it would be a good idea.It was noted that
during the Remembrance Day Ceremony there were some older veterans attending who had to
navigate one spot with the same difficulties; it was very foggy as well. In that instance, it would
have been a good precaution to have. They asked if the work would have to be done
professionally or Council Councillors Volunteer.
Warden Webber indicated that, due to Occupational Health and Safety Regulations, Councillors
would not be able to volunteer their time to paint the locations.
2017-631 MOVED by Councillor Church, SECONDED by Councillor Barkhouse that the Committee
of the Whole recommend to Council to direct staff to paint with reflective paint the
locations on sidewalks where the grade changed. MOTION DEFEATED.
7.2 Request for Decision prepared by Community Development Department dated
November 10, 2017 regarding Citizen Engagement Strategy –Municipal Plan Review.
Bill DeGrace, Planner, reviewed information included in the November 10, 2017 Request for
Decision -Citizen Engagement Strategy –Municipal Plan Review.For the benefit of the Student
Council he indicated that the legal documents would provide future guidance –the “Planning
Strategy” guides Council with regard to the development of the Municipality and the “Land Use
By-Law” outlines rules for land use that go with the Planning Strategy.
There was detailed discussion regarding:
When the drafts would be ready for public engagement;
Committee of the Whole (continued)November 21, 2017 580
The types of public engagement drop-ins (one session per district), on-line, and
specialized sessions with key sectors.
The timeline; and
Draft budget.
Members of Council commented on:
The number of sessions per district –one may not be sufficient;
The type of session –drop-in as opposed to theatre-style meetings;
The time of day;
Advertising more effectively;
Holding sessions later in the spring;
Suggestion of holding drop-in formats with theatre-style meetings as well;
People need to know how important the sessions are –educating the public;
Wording –refer to zoning rather than planning;
Ensure people know it is dealing with future land uses;
Some districts have had healthy representation while others have not;
Encourage a storm date for meetings;
It was generally agreed that the format would include both drop-in and theatre-style sessions
and there would be two sessions per district.
The Student Government liked the idea of on-line input –some have busy schedules and at least
they can have their say. Advance notice is important as well.
Advertising was discussed with suggestions to advertise in different media, i.e. paper, Facebook,
Twitter, Instagram,community bulletin boards, community newsletters, student newsletters
(electronic), etc.
The Student Government also asked if a summary o f the meetings could be forwarded to them
as a recap on events. Warden Webber indicated that he may contact them again to hold
another session and determine their interest.
2017-632 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that the
Committee of the Whole recommend to Council approve the public engagement
plan as presented by staff with revisions to incorporate into open houses a threatre
style question and answer component, to hold two meetings per district, to
include youth engagement (FHCS and other), and ensure plan language
advertising. CARRIED.
7.3 Request for Direction prepared by Community Development Department dated
November 7, 2017 regarding Municipal Role in Affordable Housing.
Committee of the Whole (continued)November 21, 2017 581
Peter Nightingale, Planning Assistant reviewed the information provided in the Request for
Direction dated November 7, 2017 regarding Municipal Role in Affordable Housing.
The Planning Assistant outlined the following:
The role of the Municipality for affordable housing;
Plans and studies completed;
Statistics of households that are in need of affordable housing;
Types of housing –senior and affordable;
CMHC characteristics that dictate what might be considered in determining inadequate
housing –affordability, adequacy, and suitability;
Six categories and the tools MODC could use:
1.Non-Market Temporary Housing –Emergency Shelters
2.Non-Market Temporary Housing –Transitional Housing
3.Non-Market Permanent Housing –Supportive Housing
4.Non-Market Permanent Housing –Subsidized Housing
5.Market Housing –Market Rental Housing
6.Market Housing –Market Homeownership Housing
Potential barriers for developers;
Regulatory tools that could be used;
The role of MODC –assistance with services and land;
Consider purchasing tax sale properties to use for housing;
Work with Advocacy and community partnerships;
Assist with applications.
Warden Webber indicated that the Municipality would have more capacity to deal with
applications/regulations than non-profit groups and the CAO commented that a navigator could
be of assistance if the provincial support was not available.
Councillor Connors commented that she would be over the moon happy if the Municipality at
least looked at the navigation part.New Ross is presently discussing a community care project.
It was generally agreed that the Municipality does not want to have direct involvement in
building and/or acting as a landlord –the province is responsible for housing.
There was further discussion regarding land held by the Municipality in various area s and
Councillor Assaff referred to a project being undertaken by the Baptist Church (Drumlin Hills).
He suggested consideration of the former Gold River School property and asked if Council was
going to step away or step up?
Committee of the Whole (continued)November 21, 2017 582
Councillor Connors indicated that she is not interested in the status quo option but is interested
in the partnership option/navigator role. She suggested giving thought to the four opportunity
projects outlined in the SSHAC Report (October 12th Council meeting); one of those projects is
the New Ross project. She asked that we provide a reply to SSHAC. She asked if there was a
targeted review section on housing –there is a group in New Ross that is established and would
welcome a partnership with MODC and any involvement of staff as well. She encouraged
anyone interested to talk with her about the New Ross project.
The CAO expressed concern of adding another service delivery component to Community
Development. This could expand. It was noted that once the Plan Review is complet e staff
could begin working on this initiative.
The various types of affordable housing were discussed, i.e. seniors, young families, etc. It was
also noted that most affordable housing would require some level of services nearby and where,
in various communities that would be available.It was noted that some people think low
income housing are places that are not desirable; however, there are a lot of seniors who have
lots to give to a community but can’t afford to live there. For example , a mini home park is a
great area for young people to get started but some people don’t want them near. There seems
to be more housing for seniors than there are for young families who don’t have a lot of money.
Ensuites are beginning to be popular –not only for aging parents but for returning children as
well.
It was noted that there were some targeted sessions on housing where there was discussion on
ensuites. There is also the issue of attracting and keeping employees –there could be a rent to
own discussion.
It was agreed that all types of housing were needed but staff is currently busy. It was suggested
that when the Plan Review is done Staff could begin review of affordable housing. It was agreed
that Option 1 was a given and it was suggested Option 2 would be the course of action and
direct staff to flush out what can be done.
2017-633 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that the
Committee of the Whole recommend to Council to direct staff to review and
provide options regarding the Municipality’s role in Affordable Housing, being
option 2 in staff’s report as follows:
2.Commit to partnering with community groups and developers to actively work
towards the creation of affordable housing and investigate financial or land
contributions that can be made to groups working towards building affordable
housing;
Committee of the Whole (continued)November 21, 2017 583
Discussion:
The Student Government felt this was a good idea; if there is more affordable housing
available here there is more opportunity to remain.
CARRIED.
A 15-minute recess was held.
The CAO updated the audience about upcoming Municipal Awareness Week events.
7.4 Request for Direction prepared by Administration Department dated November 15, 2017
regarding PACE/Water Supply Upgrade Programs.
Jonathan Meakin, Strategic Initiatives Coordinator, reviewed information included in the Request
for Direction dated November 15, 2017 –PACE/Water Supply Upgrade Programs.The PACE By-
Law was previously referred to as a priority to explore in the new year and th e Water Supply
Upgrade Program came to light following the 2016 year when many wells ran dry and the
Municipality provided water to residents in need.
The PACE By-Law is presently in place in other units and the loan is applied to the property
account; however, the funds for the water supply upgrade program would be applied to the
person and not the property.
The CAO indicated that Council has expressed interest in both programs and staff is requesting
confirmation of the direction to take regarding the programs.
There was a lengthy discussion regarding the merits of both programs and what projects would
be eligible.
Warden Webber indicated that Council was interested in resolving the water quantity/quality
issue.If it is determined that there is no uptake then the funds could be put toward the PACE
By-Law program for energy efficiency upgrades.
There was discussion regarding possible use of Landfill Closure Reserve funds to fund the
program; however, it was noted that the Municipal Government Act has regulations regarding
use of those funds. As well, the Municipality’s partners fund that reserve by approximately 76%
and their permission would be required. The funds would also have to be repaid with interest.
It was agreed that the water issue is a higher priority at this time than energy efficiency
upgrades. It was noted that there are also other programs available to homeowners for energy
efficiency upgrades.
Committee of the Whole (continued)November 21, 2017 584
The CAO indicated that staff will work on developing a program for Council’s review which will
also include the application and criteria. This would be a program that staff would administer
based on the criteria.
2017-634 MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff that the
Committee of the Whole recommend to Council to direct staff to prepare a Water
Supply Upgrade Lending Program By-Law and any associated program, policies
and procedures. CARRIED
7.5 Request for Direction prepared by Community Development Department dated
November 6, 2017 regarding Fire Advisory Committee.
Bruce Blackwood, Fire Services Coordinator, reviewed the November 6, 2017 Request for
Decision regarding the Fire Advisory Committee and outlined the current situation, background,
and options.
Following a lengthy discussion which included the current structure, previous structure, and
options, it was agreed that the structure currently in place is sufficient; however, the difficulty is
that Hubbards Fire Department and Commission are not at the table.
The issue is to ensure that Council is aware of issues and for Council to be able to advise the Fire
Services of any matters of concern.There needs to be a way to communicate effectively,
particularly if there are legislative changes they need to be advised of.
Councillor Connors wanted to congratulate Aiden Turner, a student in the audience, who is also
a firefighter and received an award at the New Ross Fire Department Annual Awards.
Warden Webber suggested having the group determine how they want to move forward and
determine if Hubbards can also be included at the table.
The Fire Services Coordinator congratulated Council for their support of the Fire Services.
7.6 Request for Decision prepared by Economic Development Officer dated November 14,
2017 regarding Next Steps for Sector Strategy Development.
Erin Lowe, Economic Development Officer, reviewed the November 14, 2017 Request for
Decision regarding Next Steps for Sector Strategy Development including the current situation,
background, and options.
The phases of the project were outlined as follows:
Phase 1 –Sector Opportunity Assessment -$15,000
Phase 2 –Investment Attraction Strategy -$15,000
Committee of the Whole (continued)November 21, 2017 585
Phase 3 –Execution –undetermined amount; subject to outcome of Phase 2.
2017-635 MOVED by Councillor Church, SECONDED by Councillor Barkhouse that the
Committee of the Whole recommend to Council that $15,000 of the $25,000
budget currently allotted to “Promotions” in the economic development budget
for 2017-18 be reallocated to a Sector Identification Strategy and issue a Request
for Proposals for Phase 1 of this project. CARRIED.
DISCSUSSION:
Councillors Assaff and Hector were not in favour of the project; however, it was noted
that we need to know what sectors to target before a marketing strategy is developed.
As well, it may be of interest to know what the province is investing in so that we might
piggyback on their initiatives as well.
CARRIED.
7.6 Facebook Live Feed –Councillor Church
Councillor Church welcomed Nancy Hatch who was watching the meeting through the live
streaming over Facebook.
7.7 School Board Representative Theresa Griffin
Ms. Griffin thanked Council for their continued commitment to recognizing schools as an
important part of the infrastructure as they think about the strategy going forward. Schools
across province need to work more with the province and municipalities as they recognize
schools as important part of the infrastructure, particularly in rural areas.“Together we can.”
She noted that she was impressed with today’s discussions regarding housing, water, energy
and she looks forward to continuing to work with Council.
7.8 Student Council –Deputy Warden Shatford
Deputy Warden Shatford thanked the Student Council for taking part in the discussions and
providing their opinions.
Warden Webber indicated that he would like to consider meetings at FHCS at least twice per
year.
7.9 Artwork –Councillor Assaff
Councillor Assaff congratulated the students who produced the amazing artwork o n the walls.
Committee of the Whole (continued)November 21, 2017 586
IN CAMERA
There were no matters for In Camera discussion.
ADJOURNMENT
2017-636 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff the meeting
adjourn. CARRIED. (11:59 a.m.)
__________________________________________________________
Allen Webber Pamela M. Myra
Warden Municipal Clerk
Municipality of the District of ChesterMUNICIPAL SEWERSBY-LAWBy-Law No.34Amended-Effective June 18, 2014
Municipal Sewers By-Law #34 (continued)Page 2 of 23
_____________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________Notice of Intention to Amend –Council –April 10, 2014 (2014-142)First Reading –Council –May 15, 2014 (2014-200 and 2014-201)Second Reading –Council –June 4, 2014 (2014-244)Effective Date –June 18, 2014
MUNICIPALITY OF CHESTERBY-LAW
BY-LAW #34MUNICIPAL SEWERS BY-LAWPART "A"-DEFINITIONS.1.In this By-Law, unless the context otherwise requires:(a)"Building By-Law" means the Building By-Law of the Municipality of Chester.(b)"Chief Building Official”means the Building Inspector of the Municipality of Chester.(c)"Building service connection" means any piping system that conveys a sewage or liquid wastefrom any property to a public sewer.(d)"Central sewage disposal system" means a private sewage disposal system serving two ormore properties.(e)"Collector" means the Municipal Clerk for the Municipality of Chester.(f)"Combined sewer" means a sewer receiving and carrying storm water, surface runo ff andsewage.(g)“Committee”means the Committee of the Whole or such other Committee of the Municipalityof the District of Chester as may be designated from time to time.(h)"Council" means the Municipal Council of Chester.(i)"DOTIR" means the NS Department of Transportation & Infrastructure Renewal.(j)"Department of Environment”means the Nova Scotia Department of Environment.(k)“Equivalent Dwelling Unit Chart”attached as Schedule A outlines the equivalent dwellingunits based on classifications herein referred to as EDUs.(l)"Director of Assessment" means Property Valuation Services Corporation.(m)"Director of Public Works" means the Director of Public works of the Municipality of Chester.(n)"Garbage" means solid wastes from the preparation, cooking and dispensing of food, and fromthe handling, storage or sale of produce.(o)"Highway" includes:(i)All allowances for highways made by surveyors for the Crown;(ii)All highways laid out or established under the authority of any statute;
Municipal Sewers By-Law #34 (continued)Page 3 of 23
_____________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________Notice of Intention to Amend –Council –April 10, 2014 (2014-142)First Reading –Council –May 15, 2014 (2014-200 and 2014-201)Second Reading –Council –June 4, 2014 (2014-244)Effective Date –June 18, 2014
(iii)All roads on which public money has been expanded or on which statute labourhas heretofore been performed;(iv)All roads passing through First Nations lands;(v)All roads dedicated by the owners of the land to public use;(vi)Every road now opened and used as a public road or highway; and(vii)All alterations and deviations of, and all bridges on or along any road orhighway.(p)"Improve" means to lay out, construct, repair, improve and maintain streets, curbs,gutters, bridges, culverts and retaining walls.(q)"Municipal Engineer" means the Municipal Engineer of the Municipality of Chester.(r)"Municipality" means the Municipality of the District of Chester.(s)"National Building Code" means that portion or portions of the National Building Codeincorporatedin the Building By-Law.(t)"Owner" includes a part owner, joint owner, tenant-in-common or joint tenant of thewhole or of any part of any land or building, and includes a trustee, executor,administrator, guardian, agent, or mortgagee in possession or any other person havingthe care or control of any land or building in case of the absence or disability of the personhaving title thereto.(u)"Private sewage disposal system" means any private system for sewage disposal servingone lot of real property.(v)"Properly shredded garbage" means the waste from the preparation, cooking anddispensing of food, and from the handling, storage and sale of produce, that have beenshredded to such a degree that all particles will be carried freely under the flowconditions normally prevailing in sewers, with no particles greater than one -half inch inany dimension.(w)"Public sewer" means a sewer controlled by the Municipality of Chester.(x)"Registry of Deeds" means the Registry of Deeds for the County of Lunenburg.(y)"Sanitary sewer" means a sewer receiving and carrying waterborne wastes fromresidences, business buildings, institutions and industrial establishments, and to whichstorm, surface or ground waters are not intentionally admitted.(z)“Sewer Service Area” shall be that area within the Municipality referred to in Schedule B.(aa)"Sewage" means the combination of water carried wastes from residences, businessbuildings, institutions and industrial establishments containing animal, vegetable ormineral matter in suspension or solution, together with such ground, surface or stormwater as may be present.
Municipal Sewers By-Law #34 (continued)Page 4 of 23__________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________Notice of Intention to Amend –Council –April 10, 2014 (2014-142)First Reading –Council –May 15, 2014 (2014-200 and 2014-201)Second Reading –Council –June 4, 2014 (2014-244)Effective Date –June 18, 2014
(bb)"Sewer" means a pipe or conduit for carrying sewage, storm water or surface runoff, orsewage and storm water and surface runoff, and includes all sewer drains and combinedsewer services of every description vested in or under the control of the Municipality ofChester.(cc)"Sewerage" means the structures, devices, equipment and appurtenances intended forthe collection, transportation and carrying, pumping and treatment of sewage.(dd)"Storm sewer" or "storm drain" means a sewer receiving and carrying storm water andsurface runoff only.(ee)"Street" means highway.(ff)"Subdivision regulations" means the Subdivision Regulations prescribed by the Ministerof Municipal Affairs for the Province of Nova Scotia for the Municipality of Chester and inforce at the time.(gg)"Treasurer" means the Director of Finance of the Municipality of Chester.(hh)"Trunk works" means all intercepting sewers, pumping stations, treatment plants andoutfalls involved in the conveyance and disposal of sewage from any part of theMunicipality of Chester to the final disposal thereof.(ii)"Watercourse" means any channel in which a flow of water occurs either continuously orintermittently.PART "B"-ADMINISTRATION AND CONTROL2.(1)The Council may appoint a Municipal Engineer.(2)The Municipal Engineer shall hold office from the time of his appointment until theappointment of his successor becomes effective, unless he first resigns, or is suspendedor dismissed, or otherwise relieved of duty.(3)The provisions of the Municipal Government Act, and amendments thereto, shall apply,mutatis mutandis, to the Municipal Engineer.(4)Where no Municipal Engineer has been appointed, or where the position becomes vacantat any time, all references to the Municipal Engineer herein shall be deemed to refer tothe Director of Public Works.3.(1)The Council may, by resolution, appoint one or more assistants to the MunicipalEngineer.
Municipal Sewers By-Law #34 (continued)Page 5 of 23__________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________Notice of Intention to Amend –Council –April 10, 2014 (2014-142)First Reading –Council –May 15, 2014 (2014-200 and 2014-201)Second Reading –Council –June 4, 2014 (2014-244)Effective Date –June 18, 2014
(2)An assistant to the Municipal Engineer shall have authority to act on behalf of theMunicipal Engineer when so authorized by the Municipal Engineer.4.The Municipal Engineer shall have the control of sewers and drains of the Municipality and shalltake charge of their construction and repair, and of all matters in connection with the sewerageof the Municipality pertaining to its construction, maintenance, repair and use.5.The Municipal Engineer may enter upon all properties in the Municipality for the purpose ofinspection, observation measurement, sampling, testing or work, in accordance with theprovisions of this By-Law at any reasonable hour.6.(1)A public sewer shall be built only upon the order of the Council.(2)The Council shall not make such an order until it has received a report thereon from theMunicipal Engineer.(3)If the Municipal Engineer reports that the proposed sewer is practicable and that it is inaccordance with the general sewerage plan of the Municipality, he shall further report:(a)The total length of the proposed sewer;(b)The probable cost thereof; and(c)Such other information or remarks as he considers necessary or proper.(4)The Council, upon consideration of the report, shall decide whether or not the sewer shallbe constructed, and if it orders it to be constructed the work shall be done in accordancewith the provisions of this By-Law and of all Provincial Statutes in force at the time.7.No person shall damage and no person not being an employee or agent of the Municipality actingin the course of his duty as such shall remove any part or portion of any catchpit, receiving basin,grating,covering flagstone, or any other cover of any catchpit, or of any manhole, vent -shaft orany other part of any sewer or drain.PART "C"-BUILDING SERVICE CONNECTIONS8.(1)Applications for connections to a sewer system shall be made in writing to the M unicipalEngineer.(2)The application shall be in a form prescribed by the Committee, and shall be accompaniedby any plans, specifications or other information which, in the opinion of the Committee,may be required.(3)No connection shall be made to any sewer or drain without the written approval of theMunicipal Engineer.
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_____________________________________________________________________________________________________________________Notice of Intention to Amend –Council –April 10, 2014 (2014-142)First Reading –Council –May 15, 2014 (2014-200 and 2014-201)Second Reading –Council –June 4, 2014 (2014-244)Effective Date –June 18, 2014
9.(1)That part of every building service connection on private property and up to the streetline or boundary line of a sewer right-of-way shall be constructed and maintained at theexpense of the owner, subject to the supervision of the Municipal Engineer, and shall beof such size and at such level and angle of descent as the Council directs, and no suchbuilding, service connection shall be covered in until it has been inspected and approvedby the Municipal Engineer. Subject to Section 34 the cost of constructing and maintainingthe building service connection from the public sewer to the street line or boundary lineof a sewer right-of-way shall be the responsibility of the Municipality.(2)If the owner or his agent covers in any building service connection before it has beeninspected and a certificate of approval issued therefore, the Municipal Engineer may openthe same for the purpose of inspection and the cost of so doi ng shall be a debt payable bythe owner to the Municipality.10.(1)Where the Council and DOTIR have agreed to improve a street or to lay a permanentsidewalk, the Council may cause to be constructed that portion of a building serviceconnection from the public sewer to the street line or boundary of a sewer right -of-waybefore the construction has begun or during the progress of the construction.(2)Where a property abutting on a street or highway has more than fifty feet of frontage onthe street, the Council may require two or more building service connections to beconstructed, provided that these building service connections shall not be less than fiftyfeet apart.11.(1)The owner of a property shall not construct a special service connection between hisproperty and a sewer situated elsewhere than in the portion of the street on whi ch theproperty immediately abuts unless he first obtains a permit from the Municipal Engineerand thereafter constructs and maintains the connection to the satisfaction of theMunicipal Engineer as hereinbefore provided.(2)Before a permit is issued under the provisions of subsection (1) the owner may berequired by the Council to execute a document indemnifying and saving harmless theMunicipality from any damage, loss or expense incurred by the Municipality as a result ofthe construction, existence or removal of the special sewer connection.(3)Where a sewer has been constructed in a street on which a property served by a specialsewer connection abuts, the Committee may require the owner to connect any buildingso served which is within sixty feet of the public sewer to the public sewer and to removethe special sewer connection.12.(1)When a special sewer connection is abandoned the owner shall effectively block up theconnection at the property line so as to prevent sewage from backing up into the soil, ordirt being washed into the public sewer.
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(2)When the owner does not effectively block up a connection as required by this Sectionwithin thirty days of the service of a Notice from the Committee requiring him to do so,the Committee may cause the same to be done.PART "D"-USE OF PUBLIC SEWERS13.(1)Where a public sewer has been or is being constructed in a street, the Committee maygive notice to the owner of any property abutting on the street, requiring him withinthirty days of the service of the Notice to connect any building on the property which islocated within sixty feet of the sewer to the public sewer in the manner required by thisBy-Law.(2)If(a)Any such building service connection is not constructed and connected with the publicsewer; or(b)Any other work required in respect of the building service connection is not done asrequired;the Committee may notify in writing the owner of the property served or to be served bythe building service connection to that effect, specifying in what respect the work isundone or unsatisfactory and if the owner fails to perform the work within thirty days ofthe service of the notice, the Committee may cause the work to be done.PART "E"-DISCHARGE INTO SEWERS14.(a)No person shall discharge, cause to be discharged, or continue to discharge or cause to bedischarged after the coming into force of this By -Law, any storm water, surface water,ground water, roof runoff, subsurface drainage, cooling water or any unpol lutedindustrial process waters into any sanitary sewer, except by motion of Council to grantan exemption.(b)Notwithstanding Section 14(a), upon application, the Committee may grant an exemptionto allow for drainage of any storm water, surface water,ground water, roof runoff, sub-surface drainage, cooling water or any unpolluted industrial process waters into asanitary sewer upon such conditions as may be specified in the exemption.15.Except as hereinafter provided, no person shall discharge, cause to be discharged, or continue todischarge or cause to be discharged after the coming into force of this By-Law, any of thefollowing into any drain or sewer or building service connection of the Municipality or into anydrain or sewer or building service connection connecting with the drainage or sewer system ofthe Municipality.(a)Any liquid or vapour having a temperature higher than 65.60 C;(b)Any gasoline, benzene, naphtha, fuel oil or other inflammable or explosive liquid, solid or
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_____________________________________________________________________________________________________________________Notice of Intention to Amend –Council –April 10, 2014 (2014-142)First Reading –Council –May 15, 2014 (2014-200 and 2014-201)Second Reading –Council –June 4, 2014 (2014-244)Effective Date –June 18, 2014
gas;(c)Any garbage other than "properly shredded garbage" as defined in Section 1 of this By-Law;(d)Any waters or wastes containing a toxic or poisonous substance in sufficient quantity toinjure or interfere with any sewage treatment process, constitute a hazard to humans oranimals, or create any hazard in the receiving body of water; or(e)Any noxious or malodorous gas or other substance that creates a public nuisance.16.(1)Whenever the Committee considers it necessary it may require any person who is theowner of land which is used for any industrial or commercial purposes and which isconnected to a drainage or sewer system of the Municipality to provide grease, oil andsand interceptors in order to provide for the proper handling of liquid wastes con taininggrease or oil in excessive amounts, or any inflammable wastes, sand or other harmfulingredients.(2)All interceptors shall be of a type or types and of a capacity approved by the MunicipalEngineer, and shall be located so as to be readily accessible for inspection and cleaning.(3)Grease and oil interceptors shall be constructed of impervious materials capable ofwithstanding abrupt and extreme changes of temperature and shall be of substantialconstruction, water-tight, and equipped with easily removable covers which when boltedin place shall be gas-tight and water-tight.17.(1)The Committee may require the owner of any industrial or commercial property servedby a building service connection to install a suitable manhole in the building serviceconnection to facilitate observation, sampling and measurement of the wastes.(2)The manhole shall be accessible and safely located, and shall be constructed inaccordance with plans approved by the Municipal Engineer.(3)The manhole shall be installed by the owner at his own expense, and shall be maintainedby him so as to be safe and accessible at all times.PART "F"-PRIVATE SEWAGE DISPOSAL SYSTEM18.When a public sewer becomes available to a property served by a private sewage disposal system,the owner of the property shall, upon service of a notice from the Committee requiring him to connectany buildings thereon, which are within sixty feet of the public sewer, to the public sewer withinthirty days of the service of the notice, connect such buildings to the public sewer by a buildingservice connection in accordance with this By-Law, and he shall cause any septic tank, cesspool, privyor other private sewage disposal system of the property to be abandoned and to be fi lled in withsuitable material.
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19.(1)Where the owner of a property has been notified in accordance with Section 18 to remove orclose up or fill in any septic tank, cesspool, privy or other private sewage disposal system onhis property, and fails or neglects to comply with the notice, the Committee may cause thenecessary work to be done.(2)The Committee may require as part of the work necessary for the compliance with the notice,the installation of a suitable water closet and its connection to a public sewer.20.No person shall discharge sewage anywhere except into a public sewer, private sewage disposalsystem or central sewage or central sewage disposal system.21.(1)No person shall construct a private sewage disposal system or cause the sa me to beconstructed in any district or area to which the Building By-Law applies, without having firstobtained a permit in writing therefor from the Building Inspector and the Building Inspectorshall not issue such a permit until after the Board of Heal th of the Municipality of Chesterhave examined and approved the proposed system.(2)An application for such permit shall be on a form furnished by the Building Inspector, and theBuilding Inspector may require such documents or other information as requ ired by theBuildingBy-Law.22.No person shall use, cause to be used or permit to be used any private sewage disposal system on hisproperty until its installation has been completed and it has been inspected in accordance with theBuildingBy-Law.23.No person shall discharge, cause to be discharged, or permit to be discharged, any contents of anyseptic tank, cesspool, privy or other private sewage disposal system into any public sewer or water -course.PART "G"-CENTRAL SEWAGE DISPOSAL SYSTEMS24.(1)No person shall construct or cause to be constructed or installed a central sewage disposalsystem without first obtaining a written permit therefor from the Committee.(2)An application for a permit shall be on a form furnished by t he Municipal Engineer or theCommittee and shall be accompanied by the plans and specifications for the system.(3)The Committee may require such further information as it deems necessary.25.No person shall cover in any portion of a central sewage disposal system before it has been inspectedand approved by the Municipal Engineer.26.No person shall use, cause to be used, or permit to be used, any central sewage disposal system untilits installation has been completed to the satisfaction of the Committee.
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27.A person who owns, operates or maintains a central sewage disposal system or who owns or occupiesland on or under which there is a central sewage disposal system shall operate and maintain thesystem in such a manner that:(a)A danger to public health is not created by the system;(b)Sewage or effluent from the system does not appear on the surface of the ground, or in anyditch, excavation or building basement;(c)Sewage or effluent from the system does not appear in any well or in any body of water fromwhich water is used for drinking purposes by human beings;(d)Sewage or effluent from the system does not leak from any part of the system; and(e)Offensive odours are not emitted from the system.28.No person who owns, operates or maintains a central sewage disposal system, or who owns oroccupies land on or under which there is a central sewage disposal system, shall fail or neglect tooperate and maintain the said system in the manner prescribed by Section 27.29.(1)Where a person who owns, operates or maintains a central sewage disposal system, or whoowns or occupies land on or under which there is a central disposal system, fails or neglectsto operate and maintain the said system in the manner prescribed in Section 27, theCommittee may cause a notice to be served on such person requiring him to correct his failureor neglect within thirty days of the service of the notice.(2)If the failure or neglect is not corrected within thirty days of the service of the notice, theCommittee may cause the work to be done.30.When a public sewer becomes available to a building served by a central sewage disposal system,and the building is within sixty feet of the public sewer, the owner of the building shall, within thirtydays of service on him of a notice from the Committee requiring him to connect to the public sewer,connect the building by a building service connection to the public sewer, and he shall cause thatportion of the central sewage disposal system which served the building exclusively and which is onhis property, to be abandoned and filled in with suitable material.31.When the owner of a building fails or neglects to comply with a notice of the Committee under Section30, the Committee may cause to be done all work necessary for compliance with the notice.PART “H” PUBLIC SEWER CHARGES
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32.For the purposes of this part, references to Public Sewers shall mean all Sanitary Sewers andSewerage as defined in this By-law located within the Municipality. Where a Public Sewer is built,has been built or has been taken over to serve an area, a Sewer Service Charge is hereby leviedupon every owner of real property within the area referred to as the Service Area.33.Every owner of real property(a)On which any building is connected to the Public Sewer;(b)Is within the area served by the Public Sewer as defined in this By -law;(c)On which a building is situate that has been ordered connected to the Public Sewerpursuant to this By-Law;shall pay to the Municipality an annual Sewer Service Charge for the construction, maintenance,operation, and improvement of the Public Sewer, including future expenditures for anticipatedcapital requirements, and for debt retirement in those Service Areas currently in deficit and whichis herein referred to as the Total Cost of the Public Sewer;34.The Municipality shall annually calculate the amount of the sewer service charge for the upcomingyear by taking the total cost of the public sewer and dividing it by the total number of EDUs asdetermined by applying the criteria contained in the EDU Chart attached hereto as Schedule A toeach assessed property within the sewer service area. Once the value of each EDU has beencalculated then that value shall be multiplied by the number of EDUs each assessed propertycontains for the purpose of arriving at the amount of the sewer charge to be applied to eachassessed property.
35.(1)An owner of real property that is served by the Public Sewer is not liable to pay the SewerService Charge if the Municipal Engineer certifies that it would be impracticable to connectany building on the lot to the sewer or if the lot is under sized or otherwise not suitable fordevelopment purposes by the applicable Land Use By-law.(2)A decision of the Municipal Engineer pursuant to this Section may be appealed to Council.
36.(1)The Sewer Service Charges shall be levied on owners of real properties liable to pay thesame commencing the year following the year that a sewer has been installed or the year inwhich a building on the property has been connected to the sewer, whichever is the earlier.(2)For the purpose of this By-law, a sewer has been installed when the Municipal Engineer hascertified to the Council that the system or project for which the sewer forms part issubstantially complete.
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(3)The Director of Public Works shall forward a Notice to each owner of real property who willbe liable for payment of a Sewer Service Charge,that a sewer has been installed.37.(1)The Sewer Service Charge shall be billed semi-annually;(2)The Sewer Service Charge shall be due and payable at the same time as property taxes are;(3)The Sewer Service Charge if not paid by due date, shall bear interest at the same rate ascharged on unpaid property taxes;38.(1)The Sewer Service Charge is a lien on the whole of the property subject to the Sewer Chargein the same manner and with the same effect as rates and property taxes under theAssessment Act;(2)The Sewer Service Charge and interest thereon may be sued for and collected in the samemanner as other rates and property taxes;(3)Real property is liable to be sold for unpaid Sewer Service Charges in the same manner andwith the same effect as for unpaid rates and property taxes pursuant to the Assessment Act;39.(1)Every owner of real property connecting to the Public Sewer shall pay a connection chargetherefore equal to the cost to the Municipality of installing the connection.(2)For the purpose of this By-law, a Public Sewer has been installed when the MunicipalEngineer has reported to the Council that the system or project of which the sewer forms apart, is substantially complete.(3)The Sewer connection charge is a lien, and bears interest and may be collected in the samemanner as the Public Sewer Service Charge;(4)A sewer connection deposit charge will be levied prior to sewer connection; based on theMunicipal Engineer’s estimate of the sewer connection. Once the connection is completethe costs are determined and paid from the deposit. Any surplus will be returned to theproperty owner and any deficit will billed to the owner; if not paid this amount will beapplied as a betterment charge to the property and collected in the same manner asproperty taxes.(5)Nothing in this Section means that the Municipality is responsible for any part of the Sewerconnection that is not in a Public Street, Highway or Sewer Easement.40.When a Public Sewer or any part thereof has been completed, the Municipal Engineer shall;(a)Prepare a Plan of the Public Sewer and the Service Area and include a list of theowners of real property whose property is served;
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(b)Amend the Plan for time to time to reflect any changes to the Public Sewer; andService Area;(c)Forward a copy of the Plan and any amendments to the Treasurer for theMunicipality for the purpose of applying the Sewer Service Charge.41.The Treasurer shall keep a separate account of all monies due for the Sewer Service Charge andsuch account shall contain:(a)The property tax account number for real property liable for the Sewer ServiceCharge and a reference in respect of which the liability arose;(b)The amount due with respect to each property;(c)The amount paid respecting each property;(d)The amount of surplus deposited in a Special Purpose Reserve Account to bemaintained for the Public Sewer;
PART "I"-REMEDIES AND PENALTIES42.(1)Any person who fails to comply with an order made under Section 13 -1, 18 or 30 of this By-Law within Thirty days after notice has been served on him shall be guilty of an offence andshall be liable on conviction to a penalty not exceeding Five Hundred Dollars and in defaultof payment to imprisonment for a period not exceeding Three months.(2)Every day during which such failure to comply continues shall be deemed a fresh offence.43.Any person who violates any of the provisions of this By-Law for which no other penalty has beenprovided, shall be guilty of an offence and shall be liable on co nviction to a penalty not exceeding OneHundred Dollars and in default of payment to imprisonment for a period not exceeding Two Months.44.Where the owner or occupier of property has failed to do any work required to be done under theprovisions of this By-Law, after Thirty days from the service of a notice from the Committee requiringthe work to be done, and the Committee has thereupon caused the work to be done, the work shallbe done at the expense of the person in default, and the expense thereof, with costs, may be recoveredfrom such person as a debt due to the Municipality by action commenced by the Municipal Clerk inthe name of the Municipality.45.Service of any notice under this By-Law may be made by personal delivery or by mailing the noticeby Registered Mail, prepaid, to the last address of the person to be served that is known to theDirector of Finance.PART "J"-APPEALS
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46.Where, under any provision of this By-Law, the approval or permission of the Municipal Engineer orthe Committee is required, an appeal shall lie to the Council from any refusal of such approval orpermission.47.Notice of an appeal shall be in writing and addressed to THE MUNICIPAL CLERK, MUNICIPALBUILDING, CHESTER, NOVA SCOTIA. It may be served personally or by registered mail.
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Notice of Intention to Amend –Council –April 10, 2014 (2014-142)First Reading –Council –May 15, 2014 (2014-200 and 2014-201)Second Reading –Council –June 4, 2014 (2014-244)Effective Date –June 18, 2014
SCHEDULE A –EQUIVALENT DWELLING UNIT CHART
Type of User*EDU
Single Family Dwelling or Mobile Home 1.00
Individual Apartment or Each unit in Multi-Unit Development 1.00
Senior Citizens Home, per unit 0.60
Rooming house,Boarding House, Convent, Institutional Dormitoryup to five beds 1.00each additional bed 0.20
Hospitals and Homes with Medical Care Facilitieswithout laundry facilities, per bed 0.50with laundry facilities, per bed 0.75
Schools,per classroomwithout cafeteria or gym 1.00with cafeteria or gym 1.50with both cafeteria and gym 2.00
Doctor's Office, Dentist's Office, Beauty or Barber Shop 1.00
Camp Ground, with hook-up facilities, per space 0.75
Hotels, Motels, and Tourist Cottageswith housekeeping facilities, per room or unit 0.50without housekeeping facilities, per room or unit 0.30with a swimming pool, add 1.00
Tourist Home/Bed & Breakfastwith one bathroom 1.20each additional bathroom, add 0.30
Stores, Banks, Clubs, Recreational Facilities, and places of business including
Industrial Premisesfirst washroom facility 1.00each additional washroom facility, add 0.50
Churches, Church Halls, Fraternal Organization, Legions, per washroom 0.30
Fire Halls and Fire Stationswith washroom facilities 0.50without washroom facilities 0.30
Laundromat 1.00each machine, add 1.00
Service Stations with washroom facilities 1.00
Car wash facilities, each bay 1.00
Restaurant, lounge, tavern, pub, cafeteria, snack bar 1.00for each ten seats or fraction thereof, add 0.10
Day Care Facility with up eight (8) people including staff and clients 1.00
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for each additional five (5) people or fraction thereof add 0.20
Vacant Landfor each lot with up to 300 feet of street or highway frontage 0.30for each additional 50 ft. or portion of thereof of street or highway frontage, add 0.10
Premises which have no Sanitary Facilities 0.30*If a property, a single civic, has multiple user types, the EDU value associated with the propertywill be a sum of all the EDU values based on the User Types and associated factors.
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Notice of Intention to Amend –Council –April 10, 2014 (2014-142)First Reading –Council –May 15, 2014 (2014-200 and 2014-201)Second Reading –Council –June 4, 2014 (2014-244)Effective Date –June 18, 2014
SCHEDULE B
MAPPING OF SEWER LINES FOR SYSTEMS
District 1 –Otter PointDistrict 2 –Mill Cove ParkDistrict 3 –ChesterDistrict 4 –Chester BasinDistrict 5 –Western ShoreDistrict 6 –New RossNOTE: Maps are for reference only –serviceability must be confirmed by the Municipal Engineer.
Municipal Sewers By-Law #34 (continued)Page 18 of 23
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1
UNSM Board Report December 1, 2017
1. UNSM Appointments to Committees:
NS RCMP Contract Management Committee: Jacques Dube, Halifax, and Louis
Coutinho, Town of Windsor were appointed. Councillor Michael Gregory, County of
Colchester was previously appointed and will continue to serve on the committee.
Joint Police Services and Community Safety Advisory Committee: Deputy Mayor Laurie
Murley (Windsor) and Councillor Russell Walker (Halifax) were appointed. Deputy
Mayor Emily Lutz (Kings Co) and Mayor Bill MacDonald (Annapolis Royal) were
previously appointed and continue to serve.
NS Joint Fire Services Committee Phase I: Councillors Jennifer Daniels (West Hants) and
Wayne Thorburne (Bridgewater) were appointed.
Provincial/Municipal Accessibility Framework Working Group: Councillor Laurie Cranton
(County of Inverness) and Deputy Mayor Waye Mason (Halifax) were appointed.
Municipal Indicators Committee: Councillor Clarence Prince (CBRM) appointed.
• Financial Condition Index Sub-committee: Deputy Mayor Emily Lutz (County of
Kings)
• Governance Sub-committee: Mayor Rachel Bailey (Town of Lunenburg);
Councillor Fraser Patterson (County of Victoria); Mayor Sandra Snow (Town of
Kentville) and Councillor Lennie White (Town of Westville) were appointed.
2. Rebranding Update
The Board agreed to write a letter to the province requesting the name change to the
Federation of Nova Scotia Municipalities. Work is underway on a logo and related
materials. A launch date will be announced in the new year. The Board did discuss the
letter from the Municipality of the District of St. Mary’s and thanks them for the points they
put forward.
3. PVSC
The UNSM Board received an update on PVSC initiatives.
2
4. Debrief of Annual Conference and Resolutions Process
Based on feedback received, staff was directed to amend the resolutions process to allow
each Caucus to develop their top resolution for submission to the province. The Board
discussed better ways to seek priorities from Councils, whether Statements of Interest are
meaningful, and the wording of resolutions. Other amendments will be considered to
improve the results.
5. FCM Board Meeting
UNSM President Geoff Stewart reported on the FCM Board Meeting in November in
Ottawa. The major focus of the meeting was to meet with federal MPs and Senators,
focussing on FCM key messages around housing and infrastructure. Nova Scotia FCM Board
members – Warden Timothy Habinski, Councillor Tom Taggart, Councillor Russell Walker,
and the UNSM President – met with the following: Colin Fraser; Darren Fisher; Stephen
Greene; Geoff Regan; Sean Fraser; Andy Fillmore; Terry Mercer; Darrell Sampson and Bill
Casey. The Board agreed to write to the Nova Scotia MP Caucus to request a meeting.
6. Cannabis
The Board agreed to write a letter to the Province with perspectives on the legalization of
cannabis, and raising the need for funding to cover municipal incremental costs.
7. Physician Recruitment and Retention Advisory Committee
UNSM received a request from the Nova Scotia Health Authority seeking a nominee to the
NSHA Physician Recruitment and Retention Advisory Committee. As the first meeting is
scheduled for December 12, the Board will appoint a representative.
REQUEST FOR DECISION
Prepared By:Tara Maguire, Community
Development Director
Date December 6, 2017
Reviewed By:Date
Authorized By:Tammy Wilson, CAO Date December 8, 2017
CURRENT SITUATION
A recent vacancy of the planning Assistant position and an impending retirement has promoted
a need to review the staffing in the department. There is a co ncern that the temporary nature
of the current position is resulting in turnover of staff which has an impact on continuity within
the department.
RECOMMENDATION
It is recommended Council approve changing the status of the current Planning Assistant
Position from Temporary Full Time (Contract) to Permanent Full Time and rescope the position
to a Planner position.
BACKGROUND
In 2014 Council created a casual Planner position. Initially the position was a two -year term for
the duration of the plan Review. As Council is aware, the Plan Review has gone through several
scope changes. The scope has gone from reviewing only the MPS and LUB to a coincid ent
review that included the SPS and Chester Village LUB, and then back to separating out the two
sets of documents into successive reviews. During that time, there have been a number of
matters that have impacted the timeline and we have also had a number of staff changes. In
November 2016, the position was vacated before the initial two-year term expired. The recent
vacancy is a similar situation.
At this time, in order to fill the vacancy and keep some continuity and maintain momentum
with the plan review, staff feel that it is necessary to reconsider making the position
permanent.
REPORT TO:Municipal Council
SUBMITTED BY:Community Development Department
DATE:December 6, 2017
SUBJECT:Staffing
ORIGIN:
2 Request For Decision /Direction
DISCUSSION
If Council ultimately decides to accept the current approach in the draft MPS and LUB, the it will
result in a more robust, comprehensive approach to planning. T his in turn, could result in a
greater need for amendments and Development Agreements.It will also put more pressure on
the development control staff. Some of our current planning capacity rests In the Development
Control/Planning Assistant position. Once the plan review is complete, this additional capacity
will be directed towards development control rather than planning.
In addition to amendment and development agreement requests, planning staff play a key role
in strategic projects.Council has expressed a desire to become in involved in additional projects
such as Affordable Housing and Age Friendly Communities but have placed these projects on
hold until the plan review is complete. If Council does wish to pursue these types of initiatives
following the plan review, it will be necessary to have additional capacity.
In summary, staff do not see the need for this position declining, rather it will continue. Making
this position permanent will enable MODC to recruit and attract a qualified indivi dual and
ensure continuity in planning services. The temporary nature of the position has resulted in
MODC only being able to secure individuals for a short term as they seek and secure permanent
employment.
The nature of the Plan Review and ongoing Planning Projects require the expertise of a
professional planner. Rescoping this position to that of Planner, will ensure the required skills
and experience are obtained to adequately provide planning services to Council and the public.
IMPLICATIONS
Policy
There is no policy impact
Financial/Budgetary
It is anticipated that a full-time position could be accommodated within the remaining budget
for this fiscal year. The current position is in the Individual Contributor Salary Band. It is
anticipated a full-time position would fall in the Middle Manager/Coordinator band. This will be
offset by rescoping the Senior Planner position from Senior Contributor/Director 2 to the
Middle Manager/Coordinator band upon the retirement of the Senior Planner. There will be
some additional costs benefits (medical and retirement) for the permanent position.
Environmental
N/A
Strategic Plan
Continually improve public satisfaction with municipal services
3 Request For Decision /Direction
Work Program Implications
Depending on the time it takes to fill the position, this should provide the ability to maintain
momentum with the plan review. However, it will not immediately create capacity, however
once the plan review is complete it should provide capacity for projects such as Affordable
Housing.
OPTIONS
1.Approve changing the status of the current Planning Assistant Position and rescope the
position to a Planner position.
2.Maintain Status quo and fill the Planning Assistant position on a contract basis.
ATTACHMENTS
List attachments here.
COMMUNICATIONS (INTERNAL/EXTERNAL)
REQUEST FOR D IRECTION
Prepared By:Chad Haughn Date December 7, 2017
Reviewed By:Date
Authorized By:Tammy Wilson, CAO Date December 7, 2017
CURRENT SITUATION
Municipal staff have been working with the Western Shore and Area Improvement Association
(WSAIA)to create an agreement that would outline the ongoing relationship between the
Municipality and the Association for the development of the former Gold River Western Shore
School property.
The Association has requested that an Advisory Committee be formed which would provide
input into the development of the park.
BACKGROUND
Since 2016 when Council made the decision to demolish the former Gold River Western Shore
School, the community has expressed an interest in seeing the property become a community
park.On July 6, 2017, the “Together We Can Community” committee of the WSAIA and the
Bluenose Coastal Action Foundation presented a “Vision for the GRWS School Site” to Council.
The group presented their ideas of what could be done with the property and they requested
that formal arrangements be made to guide the community’s involvement in the development
of the property.
Council directed staff to meet with the Asso ciation and develop an agreement for Councils
consideration. The agreement would outline the relationship between MODC and the
Association for the development of the property as a public park space.
DISCUSSION
Staff and representatives of the Association have met on several occasions over the past few
months (August 9th, October 4th, November 28th)to discuss details. Staff presented options
including lease of the land to the Association, transfer of ownership or management
REPORT TO:Municipal Council
SUBMITTED BY:Chad Haughn,Recreation & Parks
Department
DATE:December 7, 2017
SUBJECT:Gold River Park, Community Agreement
ORIGIN:Council Request
2 Request For D /Direction
agreement. These options would give the Association contr ol and responsibility of the property
and would include a requirement for Council approval on final plans and major decisions.
The Association has communicated that they are not in a position to take on full responsibility
and costs of developing, managing and maintaining the property. Instead, the Association has
suggested that an advisory role would be their preferred option.
If a “Gold River Park Advisory Committee” is formed, the full responsibility of the property
would fall to the Municipality. MODC would do the design / development, construction,
management and maintenance of the property with the Advisory Committee providing
community input.
The “Together We Can Community” committee of the Association has expressed interest in
helping to raise funds (grants, community fundraisers, etc…) and volunteer for hands-on work
at the site, however,MODC staff would be required to oversee and coordinate these efforts .
Note –As part of the initial discussions about the property, t he Bluenose Coastal Action
Foundation (BCAF) has been a partner of the Association with this project and were successful
in receiving a grant related to the development of a draft concept plan.$7,500 was raised,
$3,750 from Communities Culture & Heritage (Planning Assistance Grant) and $3,750 from the
Association.
BCAF is also interested is using the site as part of a larger de-paving project.This project would
be done as part of the site development planning.
IMPLICATIONS
Policy
NA
Financial/Budgetary
Since a decision on the future development of the Gold River School site has not yet been
made, a budget has not been prepared. If the planning and development of the site is a
Municipal responsibility, project expenses (operating and capital) would be expected.
Environmental
NA
Strategic Plan
Strengthen and support environmental, cultural, and social resources
3 Request For D /Direction
Work Program Implications
If Council decides to form a “Gold River Park Advisory Committee”, staff would be required to
lead this project. Recreation & Parks staff as well as Public Works staff would have increased
work demands.
OPTIONS
1.Direct staff to proceed with the creation of a “Gold River Park Advisory Committee”.
2.Explore options for an alternate community organization to develop and manage the
property.
3.Delay park development and maintain site with its current amenities . This option would
impact the concept planning that is underway.
Re quest for D ecision
Prepared By:Tammy Wilson, CAO Date December 7, 2017
Reviewed By:Date
Authorized By:Date
CURRENT SITUATION
As part of the Community Feed In Tariff (COMFIT)approval for 0.5 MW Biomass project at Kaizer
Meadows MODC applied to Nova Scotia Power Inc (NSPI)for a Grid Interconnection approval. On May 27,
2016 MODC received a Preliminary Assessment from Nova Scotia Power. MODC was required to sign a
Distribution System Impact Agreement in which MOC would agree to,amongst other things fund a
System Impact Assessment. This required a $10,000 deposit.
Insufficient information was available about a Biomass project for the Kaizer Meadows COMFIT project, as
a project had yet to be selected. As such the detail required to be submitted was not available.The
agreement was not entered as Minas advised there was time to work on the details prior to commencing
an assessment.
MODC has since been advised that MODC is required to proceed to this stage, by entering into a
Distribution Impact Study Agreement by December 29, 2017 or MODC’s Interconnection Request will be
withdrawn.
RECOMMENDATION
That Municipal Council authorize the expenditure of unbudgeted funds in the amount of $10, 000 for the
purposes of a Distribution System Impact Assessment in the event Minas advises the wet anaerobic
digestion feedstock characterization study shows favorable results, or by J anuary 28, 2018, whichever
comes first.
BACKGROUND
As part of the Interconnection Request Preliminary Assessment, MODC is required to enter into a
Distribution System Impact Study Agreement. This agreement requires that MODC fund a Distribution
System Impact Assessment. MODC would be r equired to put a deposit of $10,000 down to fund the study.
To complete the assessment NSPI would require detailed information about the project. Given that a
project had not been identified it would be difficult to complete the Assessment. As such, the ag reement
was not entered into.
REPORT TO:Municipal Council
SUBMITTED BY:Administration
DATE:December 7, 2017
SUBJECT:Nova Scotia Power-System Impact
Assessment Kaizer Meadows COMFIT (0.5
MW)
ORIGIN:NSPI-Grid Interconnection Application
2 REQUEST FOR D ECISION /Direction
NSPI has advised that MODC will lose its spot in the queue if this Agreement and subsequent assessment
is not completed.
In the Fall of 2017 Council approved funds required to complete a Wet Anaerobic Digestion Feasibility
Study. To date the feedstock characterization study has commenced. It is anticipated to be completed in
January 2018. This study will enable MODC to determine whether the feedstock characterization will be an
inhibiting factor prior to investing in technology assessments
DISCUSSION
Prior to putting funding $10,000 for a Distribution Assessment, Minas confirmed with NSPI that there are
no other projects in the queue for the same area as Kaizer Meadows. As such, if MODC lost their spot in
the queue they would be able to regain the spot. As such, Minas is suggesting that we not sign the
Distribution System Assessment Agreement until we know the result of the feedstock characterization
study (see attached e-mail)
IMPLICATIONS
Policy
n/a
Financial/Budgetary
The $10,000 required for the Distribution System Impact Assessment would be unbudgeted.
Environmental
n/a.
Strategic Plan
The matter of a project to see the COMFIT project move forward is a Strategic Priority as noted on
Council’s Strategic Priorities Chart.
Work Program Implications
n/a.
OPTIONS
1.Council may direct that MODC execute the Distribution System Impact Assessment Agreement
and provide the $10,000 deposit
2.Council may direct that option 1 be acted upon once the feed stock characterization study is
completed and the results favorable for moving forward with the wet anaerobic digestion project,
or by Jan 28, 2018 (whichever comes first).
ATTACHMENTS
1.E-mail from Chris Peters re IR#538-Withdrawal Notice.
COMMUNICATIONS (INTE RNAL/EXTERNAL)
n/a
1
Pam Myra
From:Tammy Wilson, MURP, MCIPSent:Thursday, December 7, 2017 10:13 PMTo:Pam MyraSubject:Dec 14Attachments:request for decision re nspi system impact assessment.docx
The e-mail below and the attached report is the item for the Dec 14 Agenda that I was to send you.
Tammy
TAMMY WILSON,MURP,MCIP
Chief Administrative Officer
T:902-275-3555 ext.1101
M:902-275-7544
From:Chris Peters [mailto:chris.peters@minasenergy.com]
Sent:Tuesday, December 5, 2017 4:26 PM
To:Tammy Wilson, MURP, MCIP <twilson@chester.ca>
Subject:Re: FW: IR #538 -Withdrawal Notice
Hi Tammy,
I am in Manila and my phone is not able to call outbound for some reason.The decision for the $10 k can be postponed
until January in my opinion.I suggest that we let them withdraw the IR and then resubmit and request that they move
the project straight to the SIS stage and provide all the necessary milestone items at that time.This gives us a chance to
review the feedstock analysis and supplier information before committing the money.
Let me know this sounds OK to you.
On Dec 5, 2017 3:39 PM, "Tammy Wilson, MURP, MCIP" <twilson@chester.ca> wrote:
Do you have time to discuss this? If I need to get approval for the $10K, I need to know before Thursday.
Tammy Wilson,MURP,MCIP
Chief Administrative Officer
Corporate Services
Municipality of Chester
PO Box 369
151 King Street,Chester,NS,B0J 1J0
Tel:902-275-3555 ext.1101
Cell:902-275-7544
Web:www.chester.ca
2
Consider the environment. Do you really need to print this email?
This message contains confidential information and is intended only for the intended
recipients. If you are not an intended recipient you should not disseminate, distribute
or copy this e-mail. Please notify the sender immediately by e-mail if you have
received this e-mail by mistake and delete this e-mail from your system. E-mail
transmission cannot be guaranteed to be secure or error-free as information could be
intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses.
The sender therefore does not accept liability for any errors or omissions in the
contents of this message, which arise as a result of e-mail transmission. If verification
is required please request a hard-copy version.
From:HOLLINS,JEFFRIE [mailto:jeffrie.hollins@nspower.ca]
Sent:Tuesday, December 5, 2017 3:18 PM
To:Chris Peters <chris.peters@minasenergy.com>
Cc:Tammy Wilson, MURP, MCIP <twilson@chester.ca>; KELLY, DAVE <dave.kelly@nspower.ca>
Subject:RE: IR #538 -Withdrawal Notice
Hi Chris,
There are no other IR’s in the queue behind this one so the 0.5MW of generation capacity would still be available if
Chester decides to submit a new IR.
If Chester does decide to move ahead with this project, my recommendation would be submit the Progression
Milestones by January 29, 2018.
My biggest concern at this point would be the expiry date of the COMFIT certificate, February 25, 2019. NSPI estimates
an average of 11 months from an SSGIA to the In-Service Milestone date. Looking at the DGIP Calendar, the next study
period is set to commence on February 12, 2018, with the Progression Milestones (see Section 7.2 of the DGIP) being
due on January 29, 2018. This study period ends on May 14, 2018, which would leave approximately 9.5 months from
the DSIS (not SSGIA) being completed until the COMFIT certificate expires. I think it may be doable with some of the
other COMFIT projects expected to be completed early in 2018, but I cannot guarantee that NSPI Legal/Executive
would execute an SSGIA if there is any risk that NSPI will not be able to complete the work required to bring the project
In-Service on or before February 25, 2019.
Please let me know if you have any other questions or need any additional clarification.
3
Regards,
Jeffrie Hollins |Interconnection EIT |Nova Scotia Power
T:(902) 470-4911
E:jeffrie.hollins@nspower.ca
www.nspower.ca
From:Chris Peters [mailto:chris.peters@minasenergy.com]
Sent:Tuesday, December 05, 2017 2:15 PM
To:HOLLINS, JEFFRIE
Cc:Tammy Wilson; KELLY, DAVE
Subject:Re: IR #538 -Withdrawal Notice
**This is an external email -exercise caution**
Hello Jeffrie,
As we are still determining whether or not to move ahead with this project, can you confirm that if the IR is withdrawn Chester can
submit a new IR request and get into the queue once more?
Thanks for the clarification,
Chris
On Dec 5, 2017 11:41 AM, "HOLLINS, JEFFRIE" <jeffrie.hollins@nspower.ca> wrote:
Hello,
4
Please find attached a copy of the Withdrawal notice for IR #538 –Kaizer Meadow. I will send you a hard copy for your
records.
Please feel free to contact me if you have any questions or concerns.
Regards,
Jeffrie Hollins |Interconnection EIT |Nova Scotia Power
T:(902) 470-4911
E:jeffrie.hollins@nspower.ca
www.nspower.ca
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REQUEST FOR DECISIO N
Prepared By:Malcolm Pitman, CPA, CA, Director
of Finance
Date December 5, 2017
Reviewed By:Date
Authorized By:Date
CURRENT SITUATION
The 2017-18 capital budget includes projects that are budgeted to be funded by borrowing from the
Municipal Finance Corporation. For the Municipality to borrow temporary borrowing resolutions (TBR) are
required to be approved by Council. The draft resolutions are prepared by the Municipal Finance Corporation.
RECOMMENDATION
That, Council approve the two attached TBR’s.
1.Wastewater treatment plant upgrades –Western Shore –TBR $188,750
Project budget:Cost $1,761,200
Funding -Sewer reserve $406,200; grants $1,166,250;borrowing $188,750
2.Landfill –two projects -TBR $225,000
Second tower site at the landfill.-Project budget: Cost $200,00
Funding –borrowing -$200,000 (100%).
Chlorine contact chamber at the landfill -Project budget: Cost $25,000
Funding –borrowing $25,000.
BACKGROUND
Wastewater treatment plant upgrades -Focus on installing surge (high-flows)protection and replacing the
disinfection system. Also, if funding allows, the scope includes a new operations building, process controls,
clarifier refurbishment, back-up power and sludge wasting improvements. The plant is 40 years old and
requires upgrades to meet NSE approval to operate and modifications to improve operations.
Expenditures to date -$178,795
Build second tower site 150m from original site. This will let one site rest for extended periods while the other
is in use. Approved by NSDOE.
Expenditures to date -$13,073
Reinstate contact chamber servicing second sewer lagoon. This will be used only when the lagoon is at risk
from prolonged storm water.
Expenditures to date -$0 (may not happen until 2018-19)
REPORT TO:Municipal Council
SUBMITTED BY:Finance Department
DATE:December 5, 2017
SUBJECT:Temporary Borrowing Resolutions
ORIGIN:
2 Request For Decisio
DISCUSSION
The TBR’s agree with the planned source of funding in the approved capital budget.For the projects that have
started the only other option, other than approving the TBR’s, is to designate other sources of funding.For
the project that may not start until 2018-19, the approved TBR is valid for one year from the date of approval
by the Minister of Municipal Affairs, therefore it can still be used in 2018-19.
IMPLICATIONS
Policy –n/a.
Financial/Budgetary –Borrowing agrees with approved capital budget
Environmental –n/a
Strategic Plan –n/a
Work Program Implications -n/a
OPTIONS1.Approve the attached TBR’s2.Revise the approved capital funding source for the above projects
REFERENCES
The approved capital budget for 2017-18.
COMMUNICATIONS (INTE RNAL/EXTERNAL)
Internal –n/a
External-Forward approved TBR’s to Municipal Advisor to obtain approval from the Minister
MUNICIPALITY OF THE DISTRICT OF CHESTER
TEMPORARY BORROWING RESOLUTION
$188,750 File No.2017-4
Wastewater Facility Improvements –Western Shore
WHEREAS Section 66 of the Municipal Government Act provides that the Municipality of
the District of Chester, subject to the approval of the Minister of Municipal Affairs, may borrow to
expend funds for a capital purpose authorized by statute;
AND WHEREAS clause 65 of the Municipal Government Act authorizes the Municipality
of the District of Chester to expend funds for the capital purposes of wastewater facilities and
stormwater systems;
BE IT THEREFORE RESOLVED
THAT under the authority of Section 66 of the Municipal Government Act, the
Municipality borrow a sum or sums not exceeding One Hundred and Eighty-Eight Thousand
Seven Hundred and Fifty Dollars ($188,750)in total for the purposes set out above, subject to
the approval of the Minister of Municipal Affairs;
THAT the sum be borrowed by the issue and sale of debentures of the Municipality to
such an amount as the Council deems necessary;
THAT the issue of debentures be postponed pursuant to Section 92 of the Municipal
Government Act and that the Municipality borrow from time to time a sum or sums not
exceeding One Hundred and Eighty-Eight Thousand Seven Hundred and Fifty Dollars
($188,750)in total from any chartered bank or trust company doing business in Nova Scotia;
THAT the sum be borrowed for a period not exceeding twelve (12) months from the date
of the approval of the Minister of Municipal Affairs of this resolution;
THAT the interest payable on the borrowing be paid at a rate to be agreed upon; and
THAT the amount borrowed be repaid from the proceeds of the debentures when sold.
THIS IS TO CERTIFY that the foregoing is a true copy of
a resolution duly passed at a meeting of the Council of the
Municipality of the District of Chester held on the
day of , 2017.
GIVEN under the hands of the Warden and the Clerk and
under the seal of the Municipality this day of
,2017.
______________________________________________
Warden
_____________________________________________
ClerkFor DMA Use Only
MUNICIPALITY OF THE DISTRICT OF CHESTER
TEMPORARY BORROWING RESOLUTION
$225,000 File No. 2017-5
Landfill Tower & Chlorine Chamber
WHEREAS Section 66 of the Municipal Government Act provides that the Municipality of
the District of Chester, subject to the approval of the Minister of Municipal Affairs, may borrow to
expend funds for a capital purpose authorized by statute;
AND WHEREAS clause 65 of the Municipal Government Act authorizes the Municipality
of the District of Chester to expend funds for the capital purposes of solid-waste management
facilities;
BE IT THEREFORE RESOLVED
THAT under the authority of Section 66 of the Municipal Government Act, the
Municipality borrow a sum or sums not exceeding Two Hundred and Twenty Five Thousand
Dollars ($225,000) in total for the purposes set out above, subject to the approval of the Minister
of Municipal Affairs;
THAT the sum be borrowed by the issue and sale of debentures of the Municipality to
such an amount as the Council deems necessary;
THAT the issue of debentures be postponed pursuant to Section 92 of the Municipal
Government Act and that the Municipality borrow from time to time a sum or sums not
exceeding Two Hundred and Twenty Five Thousand Dollars ($225,000)in total from any
chartered bank or trust company doing business in Nova Scotia;
THAT the sum be borrowed for a period not exceeding twelve (12) months from the date
of the approval of the Minister of Municipal Affairs of this resolution;
THAT the interest payable on the borrowing be paid at a rate to be agreed upon; and
THAT the amount borrowed be repaid from the proceeds of the debentures when sold.
THIS IS TO CERTIFY that the foregoing is a true copy of a
resolution duly passed at a meeting of the Council of the
Municipality of the District of Chester held on the
day of , 2017.
GIVEN under the hands of the Warden and the Clerk and
under the seal of the Municipality this day of
,2017.
______________________________________________
Warden
_____________________________________________
ClerkFor DMA Use Only
REQUEST FOR DECISIO N
Prepared By:Malcolm Pitman, CPA, CA, Director
of Finance
Date December 5, 2017
Reviewed By:Date
Authorized By:Date
CURRENT SITUATION
A property owner has submitted a request in writing for a reduction in taxes as their property was partially
destroyed by water damage. The property is 98 Duke Street Chester, AAN 09315616. Section 69A of the
Municipal Government Act provides that Council may, by policy, provide for a reduction in taxes payable, to
the extent that council considers appropriate, and reimburse any overpayment because of the reduction.
Under policy P-23, upon request from the Treasurer, the Director of Assessment shall value the property to
provide the current assessment value to be used to calculate the amount of taxes to write off.
RECOMMENDATI ON
That, Council approve a reduction in 2017-18 taxes payable for assessment account number 09315616 in the
amount of $1,377.55. This tax reduction will be written off to allowance for uncollectible taxes 01-00-000-
451100.
BACKGROUND
As required by policy a written request was received from the property owner Christine Gibson (attached)
Under policy P-23, upon receipt of the written request, The Director of Finance/Treasurer request ed Property
Valuation Services Corporation (PVSC)to conduct an inspection of the property and provide a revised opinion
as to its value.A letter was received from PVSC with a revised opinion of value of $329,400 (attached) versus
the assessed value of $473,000
DISCUSSION
The tax reduction based upon the revised opinion of value is reduction in value of $143,600 times the rates
charged of $0.9593/$100 is $1,377.55. Taxes for the year have been paid. The rate of $0.9593 includes the
general tax rate, village tax rate and the solid waste area rate.
REPORT TO:Municipal Council
SUBMITTED BY:Finance Department
DATE:December 5, 2017
SUBJECT:Reduction of Taxes under policy P-23
ORIGIN:
2 Request For Decisio
IMPLICATIONS
Policy –n/a.
Financial/Budgetary –Reduction of the allowance may increase uncollectible taxes expense for the year
Environmental –n/a
Strategic Plan –n/a
Work Program Implications -n/a
OPTIONS1.Approve the recommended tax reduction2.Approve the reduction to the extent that Council considers appropriate
REFERENCES
Municipal Government Act section 69A
Policy P-23
COMMUNICATIONS (INTE RNAL/EXTERNAL)
Internal –n/a
External-Forward approved TBR’s to Municipal Advisor to obtain approval from the Minister
1
Malcolm Pitman, CPA, CA
From:Chris Gibson <gib100@comcast.net>
Sent:Wednesday, November 22, 2017 2:35 PM
To:Malcolm Pitman, CPA, CA
Subject:Re: 98 DUKE STREET
Sorry lots of autocorrects .
Chris Gibson
gib100@comcast.net
On Nov 22, 2017, at 7:14 AM, Chris Gibson <gib100@comcast.net> wrote:
Thanks Malcolm.
The original date of destructive n is June 8 th
From a significant flood from the top floor kitchen to the basement and much of the house has been
gutted. The exterior wet rot due to improper window installation at time of original building
construction was discovered in the internal repair process.
The new windows have been ordered and will go in at the very end of 2017 or beginning of 2018.
Theresa if the property will take another 8 months to put back together.
Hope that helps.
Regards,
Chris
Chris Gibson
gib100@comcast.net
On Nov 22, 2017, at 5:07 AM, Malcolm Pitman, CPA, CA <mpitman@chester.ca> wrote:
Chris,
You may not have been able to open the attached file, therefore I have attached the
information in another format.
Thanks
Malcolm
<image705000.jpg>
2
<image827001.png>
Malcolm Pitman, CPA, CA
Director of Finance
Finance
Municipality of Chester
PO Box 369
151 King Street, Chester, NS, B0J 1J0
Tel: 902-275-3555 ext
Cell: 902-277-2957
Web: www.chester.ca
<image986002.png>
<image956003.png> Consider the environment. Do you really need to print this email?
This message contains confidential information and is intended only for the intended
recipients. If you are not an intended recipient you should not disseminate, distribute
or copy this e-mail. Please notify the sender immediately by e-mail if you have
received this e-mail by mistake and delete this e-mail from your system. E-mail
transmission cannot be guaranteed to be secure or error-free as information could be
intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses.
The sender therefore does not accept liability for any errors or omissions in the
contents of this message, which arise as a result of e-mail transmission. If verification
is required please request a hard-copy version.
From: Malcolm Pitman, CPA, CA
Sent: Wednesday, November 22, 2017 8:55 AM
To: Chris Gibson <gib100@comcast.net>
Cc: Tammy Wilson, MURP, MCIP <twilson@chester.ca>
Subject: RE: 98 DUKE STREET
Chris,
Our policy (attached) requires a written request (which you have provided) and a date
of destruction of the property. As the destruction appears to have occurred over time
could you provide the date of installation of the windows? Once I have received this I
will request the Property Valuation Services Corporation to value the property.
Thanks
Malcolm
From: Tammy Wilson, MURP, MCIP
Sent: Tuesday, November 21, 2017 3:45 PM
To: Chris Gibson <gib100@comcast.net>
Cc: Malcolm Pitman, CPA, CA <mpitman@chester.ca>
Subject: RE: 98 DUKE STREET
Chris Gibson,
Receipt of your e-mail is acknowledged. I have forwarded your e-mail to Malcolm
Pitman, Director of Finance for review. Mr. Pitman will respond accordingly.
3
Regards,
Tammy Wilson
TAMMY WILSON, MURP, MCIP
Chief Administrative Officer
T: 902-275-3555 ext. 1101
M: 902-275-7544
-----Original Message-----
From: Chris Gibson [mailto:gib100@comcast.net]
Sent: Monday, November 20, 2017 5:31 PM
To: Tammy Wilson, MURP, MCIP <twilson@chester.ca>
Subject: 98 DUKE STREET
Hi Tammi,
I am the new owner as of 4.29.16 of 98 DUKE street.
As their was a Flood on the inside top floor June 8th and discovery of rotten exterior
wall due in part to inappropriately installed windows ( there are 42) throughout the
home, the house is under full repair and has been unloveable since June.
Th municipal councilor, Danielle Barkhouse is and has been my caretaker throughout
ownership. She is very aware of the property deficits and condition.
It is my request that I receive a revised tax valuations. Until this property is put back
together.
Please advise if necessary steps. Also, could you direct the appraisers of being inform d
about this matter.
Best regards,
Chris Gibson
Chris Gibson
gib100@comcast.net
<2001-08-09_Reduction of Taxes for Buildings Destroyed or Partially Destroyed by Fire,
Storm or Otherwise After Assessment Roll Has Been Finalized_P-23.tif>
15 Arlington Place, Suite 6 Tel 1.902.893.5800
Truro NS 1.800.380.7775
B2N 0G9 Fax 1.902.893.6101
1.888.339.4555
www.pvsc.ca
December 4, 2017
Municipality of Chester Attn: Mr. Malcolm Pitman, Director of Finance
PO Box 369, 151 King Street, Chester NS, B0J 1J0
Re: Flood Damaged Property:AAN 09315616 98 Duke Street, Chester
Dear Mr. Pitman,
According to documentation provided and an inspection of the above noted property, this dwelling was
damaged by a third floor water leak on June 8, 2017. Previous water damage to exterior walls and roof
was also discovered at that time.
The Municipal Government Act (MGA)1998, c. 18, s.1 provides at s. 69A that a municipal council may,by
policy,provide for reduction or re-imbursement of taxes payable in cases of property destroyed or
damaged by flood.This section of the MGA sets out that Property Valuation Services Corporation (PVSC)
provide a new opinion of value reflecting the damage or destruction upon request of the Clerk, to
support such a policy.
Further to your request respecting the above referenced property, please find below a revised opinion
of value reflecting damage or destruction for taxation purposes pursuant to the municipality’s policy in
this regard.Pursuant to the legislation, the revised value below will not be reflected on the current year
assessment roll.
If you have any questions or require anything further,please contact me at (902) 233-2853.
Sincerely,
Aseneth McGrath,Regional Manager
Property Valuation Services Corporation
[Current Year]
Assessed Value Class
Revised opinion of
Value Reflecting
Damage or Destruction
(use for tax purposes)
Class
473,000 01 329,400 01
INFORMATION REPORT &
REQUEST FOR DECISION
Prepared By:Garth Sturtevant Date December 1, 2017
Reviewed By:Heather Archibald Date September 12, 2017 (initial Report)
Authorized By:Tara Maguire Date
RECOMMENDATION
Given the variety of existing regulations governing boathouse development, staff recommend Option 1:
Option 1:That Council accept the motion of the Citizens Planning Advisory Committee (CPAC)and defer
preparation and consideration of amendments that wo uld impose a maximum height limit for boathouses
within the Water Access Zone. A comprehensive review and examination of all regulations for boathouses
is to be completed during the Village Plan Review process.
CURRENT SITUATION
The Village Area Advisory Committee (VAAC)requested a report outlining current regulations and
development potential of boathouses within the Chester Village Planning Area.The report was presented
at the September 19, 2017 VAAC meeting. Following discussion, VAAC members passed a motion,
requesting the Citizens Planning Advisory Committee recommend that Council direct staff to prepare
draft amendments,to impose a maximum height limit for boathouses in the Water Access (WA) Zone.
Text of VAAC Motion:
“MOVED by Brad Armstrong, SECONDED by Nancy Hatch that the Village Area Advisory Committee
recommend Citizens Planning Advisory Committee to provide direction to staff in order to control the
height limits of boathouses in the Water Access Zone.CARRIED.”
Several other topics highlighted in the report ,including architectural controls for boathouses,were briefly
discussed and VAAC members agreed that these issues should be considered as part of the Chester
Village Secondary Planning Strategy and Land Use By-law Plan Review process.
At a meeting held on November 6, 2017, staff presented the request and motion from the VAAC to
members of the Citizens Planning Advisory Committee (CPAC)for consideration. Following discussion,
CPAC members passed a motion,recommending that Council defer consideration of a height limit for
REPORT TO:Council
SUBMITTED BY:Garth Sturtevant –Planning Assistant
DATE:December 14, 2017
SUBJECT:Review of Existing Regulations for
Boathouses in Chester Village Zones
ORIGIN:Request of VAAC
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boathouses in the Water Access Zone, and review all existing regulations for boathouses during the
Chester Village Secondary Planning Strategy and Land Use By-law Plan Review.
Text of CPAC Motion:
“MOVED by John Carroll, SECONDED by Art Backman that Citizens Planning Advisory Committee
recommend that Municipal Council defer implementing a height limit for boathouses within Water Access
Zone to Plan Review of the Secondary Planning Strategy.CARRIED.”
CPAC members agreed it would be preferable to review height limits for boathouses in the WA Zone as a
part of the wider ranging Chester Village Plan Review. This will allow VAAC, CPAC and Council to consider
changes to the regulations for boathouses within the context of the new planning documents.It was also
noted that planning staff currently have a full workload. CPAC members agreed that given the expected
timeline to begin the Village Plan Review (mid-2018), it would be a wasted effort to begin a standalone
amendment that will likely take 4-6 months to complete.
BACKGROUND
At a meeting of the Village Area Advisory Committee held on June 20, 2017, a motion was passed,
requesting that staff prepare a report on the existing regulations, concerns and development potential for
boathouses within Chester Village.
Staff reviewed previous meeting records and documentation,in addition to the current Chester Village
Area Secondary Planning Strategy and Village Land Use By -law to provide an overview of the potential to
develop boathouses within the various zones in Chester Village.
Included as an appendix to this report is a table outlining each of the land use zones within the Chester
Village Land Use By-law that border the ocean and therefore have potential for a boathouse to be
constructed.
DISCUSSION
As indicated in the table attached as Appendix A, there are currently eight zones regulated by the Chester
Village Secondary Planning Strategy and Land Use By -law that include coastline and therefore, warrant
discussion in relation to boathouse development.Under existing regulations, there are different standards
and provisions for boathouses primarily dependent on whether the property falls inside or outside of the
Inner Architectural Control Area (See Map 1)and whether the boathouse is an accessory structure or the
main structure on the lot. However, the Water Access Zone has some significant variation in the
regulations for boathouses when compared to most other zones within the Land Use By -law.
In most situations, a boat house is considered as an Accessory Structur e and therefore is subject to the
provisions of Section 4.5.2 Accessory Structures.However, it is possible to apply for and develop a
boathouse as a main structure on a lot without an existing main building per Section 4.5.4 Private Storage.
In this situation,a boathouse would be subject to the yard setbacks for a main dwelling.
3
Height Limits:
Within most areas covered by the Chester Village Secondary Planning Strategy and Land Use By -law, the
maximum height for main structures on a lot is 10m (33 feet). As indicated above, boathouses may be
constructed either as an Accessory Structure or as the main structure in the case of a vacant lot.
Additionally, most of the area regulated by the Chester Village Planning Documents is within the Inner
Architectural Control Area (See Map 1)which imposes a reduced height limit for Accessory Structures . The
result is that there are potentially three height limits for boathouses within Chester Village depending on
which zone a property is in, whether the property is inside or outside of the Inner Architectural Control
Area and whether the boathouse is constr ucted as a main structure or an accessory structure.
Maximum Permitted Height (Inside
Architectural Control Area)
Maximum Permitted Height (Outside
Architectural Control Area)
Accessory Structure (All
Zones Except WR & WA)
6m (19.68 feet)10m (33 feet)
Main Building (All Zones
Except WR & WA)
10m (33 feet)10 m (33 feet)
Waterfront Residential Zone
(WR)–Accessory Structure
or Main Building
4.5m (15 feet)N/A
Water Access Zone –
Accessory Structure or Main
Building
No Limit No Limit
Water Access Zone:
The Water Access Zone (WA) encompasses the intertidal area and seabed within 61 metres (200 feet) of
the ordinary high water mark. Within this zone,land uses are limited to water access uses such as wharves,
slipways and boathouses. In areas where the Water Access (WA) Zone abuts the Waterfront Residential
(WR) Zone, the construction of boathouses is prohibited. However,boathouses are permitted in all other
locations zoned Water Access (WA). With approval from Nova Scotia Department of Natural Resources, it
is currently possible to construct a boathouse within the Water Access (WA) Zone (beyond the ordinary
high water mark) and there is currently no maximum height limit for this type of development. In areas
where Water Lots/Leases exist, there is some question as to whether DNR approval is required at all prior
to applying for a permit for a boathouse.
One potential solution for consideration is an amendment to the Land Use By-law to prohibit boathouses
anywhere within the Water Access (WA) Zone. The result being that no boathouse would be permitted to
be constructed beyond the High Water Mark in any zone. This would not affect the ability of wharve s to
be built within the Water Access (WA) Zone. It should be noted that this change would likely limit the
ability of any commercial or industrial enterprises from constructing a large boathouse or drydock to
facilitate the construction or repairs for large vessels. The only area likely to have any need for such use
would be several properties located on Mill Cove which are currently zoned Marine Industrial.
4
Appearance and Use of Boathouses:
Within the Chester Village Land Use By-law, a boathouse is currently defined as follows:
BOATHOUSE means a structure, whether permanent or temporary, which is roofed, which does not
contain toilet, washroom, bathroom, shower room or kitchen facilities and which is used for the
shelter or storage of boats,watercraft and associated marine accessories and equipment, but not
for the accommodation of persons or animals, or for commercial purposes and does not include a
garage.
This existing definition focuses heavily on the use of the structure but does not req uire that the
appearance of the structure be that of a traditional boat house. Any accessory structure or main building
within the Architectural Control Area is required to adhere to provisions regarding the orientation of
siding and roofing materials (horizontal must dominate), limiting the height (6 metres for accessory
structures), limiting the footprint for accessory structures (65% of the footprint of main building)and to
break-up the massing of large structures.
Provisions specific to boathouses could be added to include regulations such as a fixed maximum
footprint, maximum height (could list single story only)and a list of permitted or prohibited materials to
be used in the construction of a boathouse.Limits on the size, number and location of windows could also
help control the overall appearance and potential use of boathouses.Requirements on roof pitch and a
building dimension ratio (length:width) could be added to further dictate the appearance of boathouses.
Finally,it may be worth considering removing language related to boathouses completely from the Land
Use By-law. Existing provisions could be replaced with language stating that any accessory structure
within 15m (50 feet) of the High Water Mark shall adhere to any new architectural provisions for this type
of structure.This change could also be accompanied by an amendment stating that no more than one
such structure shall be constructed per lot.
Staff believe that the primary concern with boathouses results from the appearance of some boathouses
and the use as a dwelling unit or guest house. This could be addressed by reinforcing existing language
to prohibit washrooms, kitchen facilities and sinks in boathouses. Attached decks (excluding a boathouse
being attached to a wharf) could be prohibited to further discourage the design of a boathouse for a
purpose other than storage. Some existing language which is difficult to enforce could potentially be
removed. An example is language within the definition for a boathouse stating that only watercraft and
marine related accessories may be stored within a boathouse. Staff do not believe the main concerns with
boathouses relate to what is stored within them b ut rather the purpose, design and appearance of the
structures.
OPTIONS
1.That Council accept the motion of the Citizens Planning Advisory Committee (CPAC) and defer
preparation and consideration of amendments that would impose a maximum height limit for
boathouses within the Water Access Zone. A comprehensive review and examination of all
regulations for boathouses will be completed during the Village Plan Review process.
5
2.Recommend that Municipal Council direct staff to prepare draft amendments to the Ches ter
Village Land Use By-law to implement a height limit for boathouses within the Water Access
Zone;
ATTACHMENTS
Appendix A –Table listing existing zones and standards for boathouses
Map 1 –Chester Village Zoning and Architectural Control
6
APPENDIX A
Height Limit Setbacks For
Accessory Structures
(Front = Front Yard
Setback, Side = Side
Yard Setback)
Other Restrictions/ Notes:
Water
Access
Main Building:
No Limit
Accessory Structure:
No Limit
-Front:0m
-Side(s): 3m (10ft)
When WA Zone abuts WR Zone, infill
limited to 0.3m and wharves limited to
3.6m width.Construction, relocation,
reconstruction or replacement of
boathouses is not permitted
Estate
Residential
Main Building:
10m (33 ft)
Accessory Structure:
6m (19.68ft)
-Front: 7.5m (25ft)
-Side(s): 3m (9.8ft)
Accessory structures subject to larger
than standard rear/side yard setbacks
(applies to boathouses, unless it is the
main structure on a lot)
Waterfront
Residential
Main Building:
10 m (33 ft)
Accessory Structure:
6m (19.68ft)
-Front: 5m (16.5ft)
-Side(s): 1.2m (4ft)
OR 0.6m (2 ft) with
no perforations
Maximum Total Building width (all
structures) must be less than or equal to
20% of lot frontage.
Central
Village
Residential
Main Building:
10 m (33 ft)
Accessory Structure:
6m (19.68ft)
-Front: 3m (9.8ft)
-Side(s): 1.2m (4ft)
OR 0.6m (2 ft) with
no perforations
This zone contains a maximum lot
coverage % based on the size of the lot
ranging from 15-40% lot coverage (see
table 5.6.2). This lot coverage includes
all accessory structures.
Low
Density
Residential
Main Building:
10 m (33 ft)
Accessory Structure:
6m (19.68ft)
-Front: 3m (9.8ft)
-Side(s): 1.2m (4ft)
OR 0.6m (2 ft) with
no perforations
None.
Rural Within Inner
Architectural Control
Area: 6m (19.68ft)
Outside Inner
Architectural Control
Area: 10m (33ft)
-Front: 3m (9.8ft)
-Side(s): 1.2m (4ft)
OR 0.6m (2 ft) with
no perforations
The Rural Zone is the only zone which
has oceanfront and is outside of the
Inner Architectural Control Area. A
Boathouse for a Rural property outside
Arc. Control Area would have a height
limit of 10m (33ft)
Marine
Industrial
Main Building:
10 m (33 ft)
Accessory Structure:
6m (19.68ft)
-Front:0m
-Side(s): 1.2m (4ft)
OR 0.6m (2 ft) with
no perforations
None.