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HomeMy Public PortalAbout2018-07-12_Council_Agenda PackagePage 1 of 2 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Thursday,July 12, 2018 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 –June 28,2018 5.COMMITTEE REPORTS: 5.1 Committee of the Whole –July 5, 2018 –Warden Webber (approval of motions only) 5.2 Committee of the Whole –June 21,2018 –Warden Webber (receive minutes only) 5.3 Any other Committees. 6.MATTERS ARISING. 6.1 Wind Turbine Report –April -June 2018 7.CORRESPONDENCE: 7.1 Presentation by Christopher Debeaumont, Sensea Nordic Spa Development regarding concept for Sensea Nordic Spa Development. (appointment at 9:40 a.m.) 7.2 Letter from Town of Shelburne to Municipal Units of Nova Scotia dated June 7, 2018 regarding New Disaster Mitigation and Adaption Fund to help reduce the impacts of Climate Change. Page 2 of 2 8.NEW BUSINESS: 8.1 Request for Decision prepared by Community Development Department dated June 11, 2018 regarding Structure in violation of Land Use By-law Chester Village Planning Area Land Use By-law, Development Permit CM-DP2017-039. (appointment at 9:00 a.m.) a)Presentation by Property Owner/Representatives regarding 107 Walker Road, Chester, NS (appointment at 9:20 a.m.) b)Email from Pam Maloney, Chester dated June 27, 2018 in support of the Owner. c)Email from David Zitner and Lezlie Oler, Chester dated June 20, 2018 in support of the Owner. d)Email from Richard Calder, Chester dated June 24, 2018 in support of the Owner. e)Email from Tim Moore, Chester dated June 27, 2018 in support of the Owner. f)Email from Rick Foster dated June 28, 2018 in support of the Owner. 8.2 Request for Direction –July 2018 –New Road Name Assignment –“Ten-Penny Lane”. 8.3 Request for Decision prepared July 3, 2018 regarding Chester Village Commission –Area Rate, Outside Area Rate, and Fire Boat Rate. 9.IN CAMERA. 10.ADJOURNMENT. APPOINTMENT 9:00 a.m.Heather Archibald, Development Officer regarding Structure in violation of Land Use By-law Chester Village Planning Area Land Use By-law, Development Permit CM- DP2017-039. 9:20 a.m.Property Owner/Representatives regarding 107 Walker Road, Chester. 9:40 a.m.Christophe Debeaumont –Sensea Nordic Spa Development/ MOTIONS REQUIRING APPROVAL OF COUNCIL FROM JULY 5, 2018 COMMITTEE OF THE WHOLE MEETING 2018-292 Approval of Agenda/Order of Business 2018-293 Approval of June 21, 2018 minutes of Committee of the Whole Meeting 2018-294 EAST RIVER BRIDGE PAVED SHOULDERS RATHER THAN SIDEWALK MOVED by Councillor Hector, SECONDED by Councillor Church that Council agree to the design change proposed by NS Department of Transportation for the East River Bridge, in which paved shoulders on both sides will be incorporated into the design of the bridge upgrade as opposed to sidewalk. CARRIED. 2018-295 Adjournment at 11:22 a.m. April May June July August September October November December January February March Result Expected Yield 462,550 445,775 342,375 304,700 328,900 422,125 501,325 524,150 595,650 525,800 462,825 584,100 5,500,275 Expected Revenue $60,594 $58,397 $44,851 $39,916 $43,086 $55,298 $65,674 $68,664 $78,030 $68,880 $60,630 $76,517 $720,536 Yield (kWh)549,680 407,878 475,161 1,432,719 Revenue Estimate $72,008 $53,432 $62,246 $0 $0 $0 $0 $0 $0 $0 $0 $0 $187,686 Availability 100.00%98.13%99.48%99.81% Power Curve (Y/N)Y Y Y T3 Time (Seconds) T5 Time (Seconds) Downtime (Hours)0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Estimated Annual Compensation -$33,289 -$36,855 -$38,044 -$36,711 -$31,732 -$321,956 -$32,774 -$31,605 -$32,584 -$31,754 -$32,542 -$34,682 Total Annual Revenue $38,719 $88,585 $149,642 $150,975 $155,954 -$134,270 $154,912 $156,081 $155,102 $155,932 $155,144 $153,004 Legend: Calculated Fixed Data Entry 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 Expected Yield Yield (kWh) 7/4/2018 1 7/4/2018 2 RECEPTION SAUNAS 7/4/2018 3 COOL DOWN RELAX 7/4/2018 4 RESTAURANT MASSAGE 7/4/2018 5 ACCOMMODATIONS 7/4/2018 6 FITNESS TRAIL / TREE PARK Why Chester? ❏Location: Halifax, airport, Lunenburg, Windsor❏“Relaxed lifestyle where the scenic beauty will capture your heart”❏Land❏Support❏Amazing place to live for our little family! 7/4/2018 7 What can we bring / help ➔Chester, top destination in Nova Scotia➔Tourists and people from Halifax -relaxation vibe➔Slow season (fall, winter, spring)➔Accommodations➔Complementary to other businesses➔All seasons relaxation sanctuary for locals➔Financial returns on local businesses (construction, operations, partnership program, and finally with expansion)➔Money back to our community (tax, sponsorship program…)➔Employment➔Family business in the community➔Successful previous experience DEVELOPMENT SITE PLAN REQUEST FOR DECISION Prepared By:Heather Archibald, Development Officer Date 2018-06-11 Reviewed By:Date Authorized By:Date CURRENT SITUATION The siding on the rebuilt dwelling at 107 Walker Rd, Chester does not meet the architectural controls under the land use by-law on two sides of the structure (North and West sides). The siding used is not in compliance with the information submitted at the time of application for a development permit. RECOMMENDATION For discussion BACKGROUND The architectural control area within the Village Planning Area states the public facades of structures over 20 square metres in floor area shall be chiefly clad in materials with a horizonal orientation, such as shingles, clapboards or similar siding, brick or stone so that vertical siding and roofing materials do not dominate.The original application stated the entire dwelling would be clad in cedar shakes with a standing seam metal roof. During the reconstruction of the building a decision from the construction side was made to change the siding to horizontal clapboard for part of t he structure and vertical board and batten for the other part of the structure. The change breaks up the bulk of the building and creates a false impression of two smaller buildings. However, the portion that has been clad in vertical board and batten has created a visual on the North and West side that stands out with a strong vertical presence and accentuates the vertical standing seam roof. While the board and batten is tasteful done and historically was commonly used in rural Nova Scotia ,in my opinion as development officer the change to the vertical board and batten go es against the architectural statements of the Land Use by-law. It is also my opinion that it was an accidental oversight by the contractors and property owner and was not done with intentional disregard. Within the next year the Village Land Use by-law will come under review, the current architectural controls will be part of that review and possible revisions may occur. REPORT TO:Municipal Council SUBMITTED BY:Community Development DATE:June 28, 2018 SUBJECT:Structure in violation of Land Use by-law ORIGIN:Chester Village Planning Area Land Use by-law, Development Permit CM-DP2017- 039 2 Request For Decision DISCUSSION Council has the option to decide to enforce compliance with the Land Use by -law or to recognize the infraction but choose not to require changes to the cladding at this time , with or without the issuance of a summary offence ticket.Should Council decide to require compliance to the architectural controls of the Land Use by-law, the contractors request that the change not happen until the fall when the family is no longer summering in the home. The southern side’s full horizonal clapboard is in compliance with the Village Planning Area Land Use by- law. The eastern side facing the water has been deemed in compliance as the large expanse of windows have created enough break in the vertical cladding that it does not dominate this portion of the facade of the building. OPTIONS 1.Direct Staff to send a letter to the property owner s requesting their acknowledgment of the violation of the current Chester Village Planning Area Land Use by -law’s architectural controls and approved development permit; and advise the owners that at this time Council is not requiring compliance with the land use by-law in relation to the unapproved change in cladding; and require any future cladding or replacement of cladding to be in full compliance with the Land Use by-law. 2.Direct Staff to issue an order to the property owners to alter the vertical cladding on the north and west sides of the dwelling so as to be in compliance with the current Land Use by -law’s architectural controls so as to alleviate any visual dominance of vertical c ladding and roofing materials; with work to be fully completed no later than October 31, 2018. ATTACHMENTS Images of the siding on the dwelling. 3 Request For Decision West Side View 1: 4 Request For Decision West Side View 2: Northern Side View: 5 Request For Decision Eastern View: 6 Request For Decision Southern Side View: 7 Request For Decision REQUEST FOR DECISION Prepared By:Sylvia Dixon Date 2018-07-04 Reviewed By:Tara Maguire Date 2018-07-04 Authorized By:Tammy Wilson, CAO Date 2018-07-04 CURRENT SITUATION A new private road naming request servicing three or more properties off a shared driveway/right-of way, serviced by Old Post Rd,East Chester has been received.The land owner has proposed the road name “Ten-Penny Lane”. RECOMMENDATION It is recommended that Municipal Council approve the road name “Ten-Penny Lane”. BACKGROUND When there are three or more addressable properties using an unnamed shared right-of-way/driveway, the Nova Scotia Civic Address Users Guide states that this point of access must be named. According to P - 44, the road name is suggested following a majority agreement from the land owners supplied by the shared right-of-way. In this instance, there is one property affected,owned by Paul and Julia Avery,who are in favor of proposing the name “Ten-Penny Lane”. DISCUSSION There are no similar road names within Chester Municipality.There is no other Ten-Penny Lane listed in the Nova Scotia Civic Address File. This is a unique road name within the municipality and Nova Scotia. Comments received for “Ten-Penny Lane”: -District 1 Councillor –Councillor Marshal Hector:agree with proposed name -Municipal Public Works Director –Matthew Davidson:agree with proposed name -Chester Area Fire Department –Everett Hiltz:agree with proposed name IMPLICATIONS Policy Policy P-44 –New Road Names and Road Name Changes Financial/Budgetary A new road sign (with accessory materials) will be purchased and posted by the Public Works Department. Environmental N/A Strategic Plan N/A REPORT TO:Municipal Council SUBMITTED BY:Community Development Department DATE:July, 2018 SUBJECT:New Road Name Assignment ORIGIN: 2 Request For Decision /Direction Work Program Implications N/A OPTIONS 1.Municipal Council can approve the road name “Ten-Penny Lane”. 2.Municipal council can decide not to approve the name and direct staff to assign a different name of Council’s choosing. ATTACHMENTS 1.Signed Petition 2.Location Map COMMUNICATIONS (INTE RNAL/EXTERNAL) N/A 3 Request For Decision /Direction 4 Request For Decision /Direction REQUEST FOR DECISION Prepared By:Malcolm Pitman, CPA, CA, Director of Finance Date July 3, 2018 Reviewed By:Date Authorized By:Date CURRENT SITUATION MODC has received from the Chester Village Commission their 2018-19 Operating and Capital Budget as approved by the Village Commission on April 11,2018. MODC Council is required to set the Village Commission rate, the Outside Fire rate and the Outside Fire Boat rate. RECOMMENDATION That Municipal Council set the Village Commission area rate at 15.17 cents per $100 of assessment. That Municipal Council set the Village of Chester outside area fire rate at 6.48 cents per $100 of assessment. And That Municipal Council set the fire boat area rate at 9.5 cents per $100 of assessment. BACKGROUND Village Commission rate Per Section 441 of the Municipal Government Act (MGA)a Village Commission may delegate, with consent of the municipal council, its powers of tax collection. Clause 5 of Section 441(MGA) states that in such instances the Municipality is to collect the amount to be levied in the same manner as if the amount were an area rate. Outside Fire Rate Per Clause 2(a) of the Fire Contract with the Village of Chester, the Municipality is to pay to the Vill age Commission the amount required for fire protection to the outside area, through the establishment of an area rate. The area rate shall be calculated by dividing the operating budget by the outside and village area assessment. Clause 2(B) states that the area rate established for the outside area shall not be greater than the area rate established for the Village.As per Clause 2(c) of the Fire Contract the Municipality may agree to fund capital, and the rate sh all be calculated in the same manner as the operating rate. On April 11, 2018,the Village Commission approved the 2018-19 Operating and Capital Budget. The Fire Rate established for both the Village and Outside Area is $0.074 per $100 of assessment (7.40 cents/$100) and includes capital. REPORT TO:Municipal Council SUBMITTED BY:Finance Department DATE:July 12, 2018 SUBJECT:Village of Chester –Village Area Rate, Outside Area Fire Rate and Fire Boat Rate ORIGIN:Chester Village Commission 2 Request For Decision The Village Commission Budget includes capital for the Fire Department in the amount of $54,250 and transfers to capital reserves of $150,000 for total fire department capital budget of $204,250. MODC is being asked to approve this as part of the Fire Rate. Fire Boat Rate The 2018-19 budget includes an amount of $13,524 for the fire boat .On July 25, 2017, the rate of $0.095 per $100 of assessment based upon the islands’ assessment of $13,595,260. This rate is separate from the outside fire rate and is spec ifically applied to all islands in Mahone Bay in MODC. The island assessments do not get charged the outside fire rate of $0.074. It appears that this is not included in the agreement with the Village of Chester to provide fire protection to outside areas in Districts 1, 3 and 7, as the fire boat rate and fire protection is also applied to islands in districts 4 and 5. Also, it does not follow clause 2(b) of the agreement that states the area rate established for the outside area shall not be greater than the area rate established for the Village.(9.50 cents is greater than the 7.40 cents charged in the Village) DISCUSSION Village Commission rate The Village Commission Rate is to be established as an Area Rate as per the Municipal Government Act (Section 441) Outside Fire Rate The Fire Rate requested by the Village Commission meets the requirements specified in the Fire Contract between MODC and the Village Commission. MODC is being asked to fund capital within the budget approved.The Fire Rate proposed is 7.40 cents. This is down from the 8.00 cents set in the 2017-18 fiscal year. Last year MODC Council approved an outside fire rate of 6.48 cents.In 2015-16 the same rate of 6.48 enabled the establishment of reserves to fund capital. This was done to lessen the impact in any one year when MODC is asked to fund Fire Fighting Equipment which is exclusive to fire protection in the o utside area.The attached appendix A provides the detail on the impact of utilizing the reserve in 2018-19 to partially fund the capital budget.Option 2 fully utilizes the reserve, reducing the outside fire rate 2.33 cents per $100 of assessment to 5.07 cents.Option 3 partly utilizes the reserves, reducing the outside fire rate to last year’s rate of 6.48; a reduction of 0.92 cents from 7.4 cents. Option 3 of 6.48 cents is the amount recommended above. Fire Boat Rate Although, the fire boat not specifically included in the agreement with the Village of Chester, it has been the practice to charge this rate and forward the funds to the Village to fund this protection. Based upon Boat Committee minutes it had been agreed to apply a rate to all island within Mahone Bay in MODC to fund this service. 3 Request For Decision The Fire Rate proposed is 9.50 cents. This is down from the 11.55 cents set in the 2017-18 fiscal year.The budget of $13,524 is a decrease of $2,496 over 2017-18 and this decrease is due to a decreased budget for fire boat maintenance. IMPLICATIONS Policy –n/a Financial/Budgetary MODC is required to make payment for fire protection services on a semi -annual basis (July and December). MODC has collected fire payments for the outside area on the interim tax bills based upon the 2017-18 rate. The final tax bill will be adjusted to account for the new rate (2018-19). Environmental –n/a Strategic Plan –n/a Work Program Implications -n/a OPTIONS Three options for the outside fire rate: 1.Approve the rate of 7.40 cents per $100 of assessment as noted in the Village’s budget. 2.Utilize the reserve created in 16-17 and approve a lower rate of 5.07 cents 3.Utilize a portion of the reserve and approve the same rate as last year of 6.48 cents. ATTACHMENTS Appendix A –Analysis of fire rate options. Appendix B –Chester Village Commission 2018-19 Budget COMMUNICATIO NS (INTERNAL/EXTERNA L) Internal –n/a External-The Area Rates (Village Commission and Fire Rate) will b e published on MODC’s website.