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HomeMy Public PortalAbout2019-11-14_Council_Public Agenda_Package (added 9.3)Page 1 of 2 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Thursday,November 14, 2019 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.) 5.COMMITTEE REPORTS: 5.1 Committee of the Whole –October 24,2019 –Warden Webber (receive minutes only) 5.2 Any other Committees. 6.MATTERS ARISING: 6.1 Request for Decision prepared by Recreation and Parks Department regarding Council Grants Review:Fall Allocation. 1.Council Grants 2019-2020 Spreadsheet a)Request from Chester Area Middle School -$7200. b)Request from Royal Canadian Legion, Br. 44,Chester -$2000. c)Request from Royal Canadian Legion, Br. 88, Chester Basin - $1000. d)Request form Royal Canadian Legion, Br. 144, Western Shore - $3,425. 2.Tourism Grants 2019-2020 Spreadsheet 3.District Council Grants 2019-2020 Spreadsheet a)Request from Forest Heights Community School: Spirit Council - $1000. 4. MINUTES OF PREVIOUS MEETING: 4.1 Council – October 31, 2019 Page 2 of 2 7.PUBLIC PRESENTATIONS: 7.1 Presentation from Everett Backman regarding Gray Grant Property. 8.CORRESPONDENCE: 8.1 Letter from Councillor Wayne Mason, President of the Nova Scotia Federation of Municipalities (NSFM)to Honorable Chuck Porter, Minister of the Department of Municipal Affairs and Housing and cc’d to Chester Municipal Council regarding Short-Term Rentals. 8.2 Letter of thanks from Lunenburg East Fire & Emergency Services Committee dated November 8, 2019 regarding hosting the Annual Volunteer Firefighter Appreciation Dinner. 9.NEW BUSINESS: 9.2 Request for Decision prepared by Community Development Department regarding Amendment to Outdoor Burning By-law #142 -First Reading. 11.ADJOURNMENT. APPOINTMENTS (appointment @ 10:00 a.m.) 10:00 a.m. Everett Backman, regarding Gray Grant Property. Hennigar, Economic Development Officer and Stephanie Beaumont, Tourism Team. 9.1 Tourism 2020 Workplan presented by Heather 10. IN CAMERA. REQUEST FOR DECISION Prepared By:Chad Haughn Date November 7, 2019 Reviewed By:Dan McDougall, CAO Date November 7, 2019 Authorized By:Dan McDougall, CAO Date November 7, 2019 CURRENT SITUATION The second Council and Tourism grant deadline for the 2019-2020 fiscal year was October 31, 2019.Applications have been received and reviewed to ensure groups have met the basic criteria. The next step is for Council to review the submissions and make decisions on how the remaining grants budget will be allocated.One District Grant application was also received and requires review. RECOMMENDATION It is recommended that Council review the four Council Grant applications received to October 31st as well as a District Grant application and determine funding levels. DISCUSSION 1.Council Grants Total Council Grants Budget for 2019-20 $37,000 Total Council Grants Approved to Date $26,650 Total Funds Remaining $11,350 Grant Requests Received by October 31st: Chester Area Middle School:Well Fed Students $7,200 Chester Legion: Nov.9 Luncheon, Nov.11 Ceremony, Jan.1 Levee $2,000 Chester Basin Legion: Nov. 11 Ceremony $1,000 Western Shore Legion: Nov. 11 Ceremony,Christmas Party,Jan. 1 Levee $3,425 Total $13,625 REPORT TO:Municipal Council SUBMITTED BY:Chad Haughn,Recreation & Parks Dept. DATE:November 7, 2019 SUBJECT:Grants Review:Fall Allocation ORIGIN:Grants Program 2 Request For Decision /Direction 2.Tourism Grants Total Tourism Grants budget for 2019-20 $18,000 Total Tourism Grants Approved to Date $14,500 Total Funds Remaining $ 3,500 *No tourism applications were received prior to the October 31st deadline. 3.District Grants Total District Grant Budget for District 4 $5,000 Total Funds Approved to Date $3,000 Total Funds Remaining $2,000 An application was received from Forest Heights Community School, School Spirit Committee requesting $1,000 for various school spirit activities. ATTACHEMENTS1.2019-20 Grant Spreadsheets:1.1 Council Grants1.2 Tourism Grants1.3 District Grants2.Copies of all grant applications. Council Grants 2019 - 2020 2018 - 2019 2019 - 2020 2019 - 2020 Grant Request Approved A - ESSENTIAL SERVICES B - REGIONAL SERVICES Christmas Daddies 100.00$ 100.00$ 100.00$ Health Services Foundation of the South Shore -$ 1,000.00$ -$ Lunenburg Lyme Group -$ 8,000.00$ -$ Mahone Bay Centre Society (C.J.Feeney Bell Tower & Library)-$ 500.00$ 500.00$ Saint Vincent de Paul -$ 1,500.00$ -$ Second Story Womens Centre -$ 250.00$ 250.00$ United Way of Lun Co (Match employees)1,200.00$ 1,200.00$ 1,200.00$ C - LOCAL NON-PROFIT Aenon Baptist Church (Community Family Fun Day)3,000.00$ 1,000.00$ 1,000.00$ Blandford Annual Weiner Roast (Deep Cove)500.00$ 500.00$ 500.00$ Chester Area Middle School 4,000.00$ 7,200.00$ Chester Cancer Fighters 300.00$ 300.00$ Chester Castaways Jr C Hockey Club 10,000.00$ 3,000.00$ Chester Minor Hockey -$ 10,000.00$ -$ Chester Municipal Heritage Society 6,000.00$ 11,200.00$ 6,000.00$ New Ross Community Care Society 1,500.00$ 750.00$ New Ross Country Market 1,500.00$ 750.00$ New Ross Regional Development Society 490.00$ -$ New Ross Fire Commission 10,000.00$ -$ Royal Canadian Legion, Br.44, Chester 2,000.00$ 2,000.00$ Royal Canadian Legion, Br. 88, Chester Basin 1,000.00$ 1,000.00$ Royal Canadian Legion, Br. 79, New Ross 1,000.00$ 3,500.00$ 1,000.00$ Royal Canadian Legion, Br. 144, Western Shore -$ 3,425.00$ St. Stephen's Anglican Church (Musical Friends)3,000.00$ 5,000.00$ 3,000.00$ Studio Singers 1,000.00$ 500.00$ Together We Can Commuity Society 10,000.00$ 4,000.00$ D - COMMUNITY HALLS District No. 1 Community Centre 3,500.00$ 2,800.00$ 2,800.00$ E - PROVINCIAL / NATIONAL REQUESTED APPROVED 94,965.00$ 25,650.00$ 37,000.00$ 11,350.00$ Council Grants Budget Remaining Funds Tourism Grants 2019 - 2020 2018 - 2019 2019 - 2020 2019 - 2020 Granted Request Approved A - ESSENTIAL SERVICES TOURISM B - REGIONAL SERVICES TOURISM Lunenburg County Fibre Trail Association 400.00$ 0 TOURISM South Shore Tourism Cooperative 3,693.00$ 0 C - LOCAL NON-PROFIT TOURISM Chester Merchants Association 1,500.00$ 2,000.00$ 1,500.00$ TOURISM Chester Theatre Council (Playhouse)3,800.00$ 10,000.00$ 7,500.00$ TOURISM Chester Yacht Club (Chester Race Week)4,000.00$ 4,000.00$ 3,000.00$ TOURISM Hubbards Area Business Association 1,000.00$ 1,000.00$ 1,000.00$ COUNCIL/TOURISM New Ross Regional Development Society 1,000.00$ 1,000.00$ D - COMMUNITY HALLS TOURISM Forties Community Centre 500.00$ 500.00$ 500.00$ E - PROVINCIAL / NATIONAL TOURISM REQUESTED APPROVED 22,593.00$ 14,500.00$ Tourism Grant Budget 18,000.00$ Remaining Funds 3,500.00$ District Council Grants 2019 - 2020 Updated November 6, 2019 Requested Approved TOTAL FUNDS APPROVED -$ TOTAL FUNDS REMAINING 5,000.00$ Chester Castaways: Team Startup 1,000.00$ 1,000.00$ Aspotogan Fitness Club: 1st Aniversary Celebration 300.00$ 300.00$ Hubbards Lions Club: Foundation Repairs & Christmas Event 1,300.00$ 1,300.00$ TOTAL FUNDS APPROVED 2,600.00$ TOTAL FUNDS REMAINING 2,400.00$ Chester District Soccer Association: Team Jerseys 500.00$ 500.00$ Chester Castaways: Team Startup 1,000.00$ 1,000.00$ Chester Yacht Club: Chester Race Week Banner & Videos 1,000.00$ 500.00$ Chester Art Centre: Creative Soul Youth Project 500.00$ 500.00$ Chester Heritage Society: Gazebo Repairs 500.00$ 500.00$ Chester Heritage Society: Canada Day 2020 2,000.00$ 1,000.00$ Church Memorial Park: Beer Garden Fundraiser 500.00$ 500.00$ TOTAL FUNDS APPROVED 4,500.00$ TOTAL FUNDS REMAINING 500.00$ South Shore Pipes & Drums: Gaelic College Workshop 500.00$ 500.00$ Basin Recreation Park: Park Maintenance 2,500.00$ 2,500.00$ Forest Heights Community School: Spirit Council 1,000.00$ TOTAL FUNDS APPROVED 3,000.00$ TOTAL FUNDS REMAINING 2,000.00$ Royal Canadian Legion, Branch 144: Community Events 2,615.00$ 1,250.00$ Together We Can Society: Gold River Park Maintenance 1,250.00$ 1,250.00$ Western Shore & Area Improvement: Christmas Event 1,250.00$ 1,250.00$ Western Shore Fire Department: Annual Garden Party 1,250.00$ 1,250.00$ TOTAL FUNDS APPROVED 5,000.00$ TOTAL FUNDS REMAINING -$ Royal Canadian Legion, Branch 79: Canada Day 1,000.00$ 1,000.00$ New Ross Trails Society: 5K Scramble 500.00$ 500.00$ TOTAL FUNDS APPROVED 1,500.00$ TOTAL FUNDS REMAINING 3,500.00$ Chester Castaways: Team Startup 1,000.00$ 1,000.00$ Canaan & District Hall Association: Heat Pump Project 3,000.00$ 3,000.00$ TOTAL FUNDS APPROVED 4,000.00$ TOTAL FUNDS REMAINING 1,000.00$ Total Funds Approved 20,600.00$ Total District Grant Budget 35,000.00$ Remaining Funds 14,400.00$ District 6 District 7 District 2 District 3 District 1 District 4 District 5 LUNENBURG EAST FIRE &EMERGENCY SERVICES COMMITTEE November 8th/19 Municipality of the District of Chester PO Box 369, Chester, NS B0J 1J0 Attention:MODC Councillors, Fire Services Co-ordinator & Staff Dear Councillors, Bruce Blackwood and Staff On behalf of the Lunenburg East Fire & Emergency Services Committee, I would like to thankyou for hosting another delicious meal for Volunteer Firefighters from each of the seven fire departments within MODC. As always, the meal was splendid and attendees had an opportunity to chat with each other in a relaxed atmosphere rather than on the emergency scene. Allen, you were a good sport during the photo shoot. Kudos to you! Although we received sad news towards the end of the evening that Firefighter Grant P ayne had died earlier, it was as if it was meant to be in that Grant was a constant during these annual dinners. This year he was with us in spirit and it seemed like he was sending a message to us saying,“Take it from here fellow firefighters. You got this.”I know that his brother, Gary,was moved by the show of respect and gratitude towards Grant. Once again, thankyou for hosting this annual dinner. Sincerely, Wendy Rafuse Secretary, Lunenburg East Fire & Emergency Services committee REQUEST FOR DECISION Prepared By:Garth Sturtevant, Senior Planner Date November 6, 2019 Reviewed By:Tara Maguire, Director Date November 7, 2019 Authorized By:Dan McDougall, CAO Date November 7, 2019 CURRENT SITUATION The Outdoor Burning By-law (#142) currently regulates the type and size of outdoor fires that are permitted within the By-law area (Applicable Area).The By-law currently defines the Applicable Area as aligning with the Chester Village Planning Area Bounda ry. Council has recently given 1st Reading to a new Municipal Planning Strategy and Land Use By-law as well as corresponding amendments to the Chester Village Secondary Planning Strategy and Land Use By -law. The adoption of the new planning documents and the changes to the Secondary Planning Strategy and Land Use By-law will reduce the area covered by the Chester Village Secondary Planning Strategy and Land Use By-law. Without the interventions proposed in this report, a n indirect consequence of amending the Chester Village Planning Area Boundary would reduce the Applicable Area covered by the Outdoor Burning By-law. RECOMMENDATION 1.Staff recommend Option 1: Give 1st Reading to the draft amendments proposed for the Outdoor Burning By-law (#142). The effect of the draft amendments is to maintain the Applicable Area currently regulated by the By-law; DISCUSSION The changes to the Chester Village Planning Area have been considered and discussed as part of the reVISION Plan Review process. However, in preparing the required amendments for the Chester Village Secondary Planning Strategy and Land Use By-law, staff identified that as an indirect consequence of altering the Chester Village Planning Area, the area regulated by the Outdoor Burning By -law would be reduced. This impact was not discussed or planned as part of the changes to the Planning Area Boundary, and staff have drafted the amendments attached to this report in an effort to maintain the existing coverage and impact of the Outdoor Burning By -law. Included in the amendments is a small housekeeping amendment to fix the numbering in section 4.2.3. IMPLICATIONS Proceeding with the amendments to the Outdoor Burning By -law will maintain existing coverage areas. No impact to service level or changes to the By-law are proposed as part of these amendments. REPORT TO:Municipal Council SUBMITTED BY:Community Development Department DATE:November 14, 2019 SUBJECT:Amendment to Outdoor Burning By-law #142) ORIGIN:Identified by Staff 2 Request For Decision /Direction Policy N/A Financial/Budgetary N/A Environmental N/A Strategic Plan Continually improve public satisfaction with municipal services; Work Program Implications N/A OPTIONS 1.Give 1st Reading to the draft amendments proposed for the Outdoor Burning By -law (#142). The effect of the draft amendments is to maintain the Applicable Area currently regulated by the By - law; 2.Reject the draft amendments proposed for the Outdoor Burning By -law (#142).If the proposed By-law amendments to the Municipal Land Use Bylaw and the Chester Village Area Land Use By- law are approved, this option would then r esult in the Applicable Area regulated by the By-law being reduced to align with the Village of Chester Municipal Boundary; 3.Defer giving 1st reading to the draft amendments pending further changes or information (please specify). ATTACHMENTS Draft Outdoor Burning By-law (#142), including amendments and new Schedule “B” Map indicating the Applicable Area regulated by the By-law. COMMUNICATIONS (INTE RNAL/EXTERNAL) OUTDOOR FIRE BY-LAW # 142 (CONTINUED) ____________________________________________________________________________________ Notice of Intention to Adopt -By-Law Committee May 28, 2009 (2009-230) 1st Reading –Council –June 11, 2009 (2009-276) 2nd Reading –Council –July 30, 2009 (2009-367) Effective Date –August 11, 2009 Amended Date –November xx, 2019 Page 0 of 7 Municipality of the District of Chester Outdoor Fire By -Law By-Law No. 142 Amended:Effective Month xx 2019 OUTDOOR FIRE BY-LAW # 142 (CONTINUED) ____________________________________________________________________________________ Notice of Intention to Adopt -By-Law Committee May 28, 2009 (2009-230) 1st Reading –Council –June 11, 2009 (2009-276) 2nd Reading –Council –July 30, 2009 (2009-367) Effective Date –August 11, 2009 Amended Date –November xx, 2019 Page 2 of 7 MUNICIPALITY OF THE DISTRICT OF CHESTER BY-LAW # 142 OUTDOOR FIRE BY-LAW 1.AUTHORITY: Section 172 (a) (b) and (d) of the Municipal Government Act provides Municipalities with the power to make bylaws respecting the health, well-being, safety and protection of persons, the safety and protection of property, and activities that may cause nuis ances including burning, odours and fumes. 2.INTERPRETATION: In this By-Law 2.1.“Acceptable Fire Pit” means an outdoor receptacle which is constructed from Bricks, heavy gauge metal, stone or other suitable non -combustible components, and has a spark arrestor or metal mesh screen. 2.2.“Applicable Area” means that area of the Municipality indicated on referred to as the Map attached as Schedule B Chester Village Area in the Revised Secondary Planning Strategy and Land Use By-Law approved by Municipal Council and effective on the 24th day of January,2004 ; 2.3.“Council” means the Council for the Municipality of the District of Chester; 2.4.“Emergency Management Organization”means Regional Emergency Measures Organization (REMO); 2.5.“Fire Chief” means the Fire Chief for the Chester Municipal Fire Department; 2.6.“Garden and Yard Waste” means any shrubbery, tree prunings, leaves, brush, weeds, grass, turf and similar vegetation; OUTDOOR FIRE BY-LAW # 142 (CONTINUED) ____________________________________________________________________________________ Notice of Intention to Adopt -By-Law Committee May 28, 2009 (2009-230) 1st Reading –Council –June 11, 2009 (2009-276) 2nd Reading –Council –July 30, 2009 (2009-367) Effective Date –August 11, 2009 Amended Date –November xx, 2019 Page 3 of 7 2.7.“General Waste” means rubbish, garbage, non-wooden material, packing, containers, bottles, cans,rags, clothing, petroleum products, manure or sewer; 2.8.“Hazard”means a risk of damage or nuisance which may be cause by the burning of any general waste, and which may adversely affect property and/or persons; 2.9.“Municipality” means the Municipality of the District of Chester; 2.10.“Nuisance” means the causing of any smoke or other emission from any fire permitted under this By-Law, or otherwise, that adversely affects the reasonable enjoyment by other persons of their property; 2.11.“Outdoor Wood Furnace” means an outdoor wood -burning appliances, or a solid fuel burning appliance, used for the space heating of buildings, the heating of water or other similar purposes. 2.12.“Property” means for the purpose of the By-Law, a parcel of land owned by a person or two or more contiguous parcels of land owned by the same person; 2.13.“Portable Barbecuing Appliance” means an appliance used for the purpose of cooking food outdoors, normally fueled by liquefied petroleum gas, natural gas, compressed briquettes or charcoal; 3.OUTDOOR FIRES PROHIBITED: 3.1.No person shall be permitted to operate an Outdoor Wood Furnace within the Applicable Area; 3.2.No person shall be permitted to have an outdoor fire within the Applicable Area on any land owned or occupied by such person,or on any public lands owned by the Municipality unless contained within an acceptable fire pit; 3.3.No person shall be permitted to burn general waste, or garden and yard waste on any lands owned or occupied by such person, or any other lands within the Applicable Area; 4.OUTDOOR FIRES PERMITTED: OUTDOOR FIRE BY-LAW # 142 (CONTINUED) ____________________________________________________________________________________ Notice of Intention to Adopt -By-Law Committee May 28, 2009 (2009-230) 1st Reading –Council –June 11, 2009 (2009-276) 2nd Reading –Council –July 30, 2009 (2009-367) Effective Date –August 11, 2009 Amended Date –November xx, 2019 Page 4 of 7 4.1.Within the Applicable Area, persons shall be permitted to cook food using a portable barbeque or other food preparation appliances designed for outdoor use; 4.2.Within the Application Area, persons shall be permitted to burn only clean, dry wood in an acceptable fire pit provided that: 4.2.1.a spark arrestor or mesh screen is used to contain any sparks or blowing debris; 4.2.2.the acceptable fire pit is located in excess of 125 feet from any building,structure, flammable,combustible material or property line; 4.2.3.notwithstanding 4.2.2 4(2)(ii), the acceptable fire pit, may be operated on a wooden Deck, provided it is positioned on a fire-proof pad; 4.2.4.the fire does not create a nuisance or a hazard as defined in the By-Law; 4.2.5.a responsible adult is present on the property while the fire is burning and until the fire is extinguished; 4.2.6.a fire extinguisher, or other means of extinguishing a fire, acceptable to the Fire Chief/ or designate, is within reasonable distance from where the fire is located; 4.3.Notwithstanding the provisions of Section 3.3,within the applicable area, a person shall be permitted on their property to have one outdoor fire per day not in an acceptable fire pit provided: 4.3.1.only garden and yard waste is being burned. No green tree stumps or ro ots are permitted; 4.3.2.the size of the fire shall not exceed that permitted by Department of Natural Resources for burning brush with a Domestic Burning Permit; 4.3.3.no nuisance or hazard as defined in this By-Law may be created. Any such fire that does create a nuisance or hazard as defined in this By -Law shall be immediately extinguished upon Notice or Order from the Fire Chief or designate or any Municipal By-law Enforcement Officer or any other person duly authorized by the Municipality to enforce Municipal by-laws; 4.3.4.a responsible adult shall be present on the property while the fire is burning and until the fire is extinguished; 4.3.5.a Fire Extinguisher or other means of extinguishing the fire acceptable to the Fire Chief or designate shall be within a reasonable distance from where the fire is located; 4.3.6.all applicable Federal and Provincial laws and regulations hall be complied with. OUTDOOR FIRE BY-LAW # 142 (CONTINUED) ____________________________________________________________________________________ Notice of Intention to Adopt -By-Law Committee May 28, 2009 (2009-230) 1st Reading –Council –June 11, 2009 (2009-276) 2nd Reading –Council –July 30, 2009 (2009-367) Effective Date –August 11, 2009 Amended Date –November xx, 2019 Page 5 of 7 5.OTHER PERMITTED CIRCUMSTANCES: 5.1.Persons or organizations shall be permitted to ignite an outdoor fire providing that: 5.1.1.the burning is for the purpose of training members for the Emergency Management Organization or the Chester Volunteer Fire Department; 6.OFFENCES AND PENALTIES: Any person who contravenes or fails to comply with any of the provisions of this By -Law or any Notice or Order given pursuant thereof shall be liable to a penalty no less than $250.00 and not exceeding $5,000.00 for each offence, as per Schedule “A” attached. 7.EFFECTIVE DATE:Month xx, 2019 SCHEDULE “A” OFFENCE PENALTY First Offence $250.00 Second Offence $1,000.00 Third Offence $5,000.00 OUTDOOR FIRE BY-LAW # 142 (CONTINUED) ____________________________________________________________________________________ Notice of Intention to Adopt -By-Law Committee May 28, 2009 (2009-230) 1st Reading –Council –June 11, 2009 (2009-276) 2nd Reading –Council –July 30, 2009 (2009-367) Effective Date –August 11, 2009 Amended Date –November xx, 2019 Page 6 of 7 Annotation for Official By-Law Book Date of First Reading June 11, 2009 2009-276 Date of advertisement of Notice of Intent to Consider July 9,2009 Chester Clipper Date of Second Reading July 30, 2009 2009-367 Date of advertisement of passage of By-Law *August 11, 2009 Date of mailing to Minister a certified copy of By-Law August 14, 2009 I certify that the Outdoor Fire By-Law #142 was adopted by Council and published as indicated above _____________________________________August 14, 2009 P. M. Myra, Municipal Clerk Date *Effective Date of the By-Law unless otherwise specified in the text of the By-Law OUTDOOR FIRE BY-LAW # 142 (CONTINUED)Page 7 of 7 I,Pamela M.Myra,Municipal Clerk of the Municipality of the District of Chester do hereby certify that the above is a true copy of an advertisement duly advertised in the Newspaper Progress Bulletin on Day Tuesday,Month August xx11, 201909 Given under the hand of the Municipal Clerk and under the corporate seal of the said Municipality the xx14th day of Month August, 201909. ____________________________________________________ Pamela M. Myra Municipal Clerk REQUEST FOR DIRECTION Prepared By:Garth Sturtevant Date November 12, 2019 Reviewed By:Tara Maguire Date November 12, 2019 Authorized By:Dan McDougall, CAO Date November 13, 2019 CURRENT SITUATION Municipal Council has now set a date for a Public Hearing to conclude the adoption process of a new Municipal Planning Strategy and Land Use By-law.There has been discussion on the fees charged to obtain a Development Permit in relation to the new documents. The expansion of the Mixed-Use Zone in the new planning documents is expected to result in a moderate increase in applications for Development Permits. In the interest of ensuring the new planning regulations are not overbearing and do not limit or stifle development, staff has been asked review the fees charged for a Development Permit and provide options for consideration. RECOMMENDATION For discussion and decision. BACKGROUND The adoption of the new Municipal Planning Strategy and Land Use By -law are likely to increase the number of applications for Development Permits. The Mixed-Use Zone will require application for a Development Permit for most new construction, and Council wishes to minimize any perceived negative impact associated with obtaining a Development Permit.During the reVISION Plan Review process, Council heard that expansion of permit requirements and zoning is another form of taxation or revenue generation.Reducing or eliminating permit fees for Development Permits is one way to prove to the public that the reVISION process and zoning does not generate money or taxes for the Municipality. In fact, upon review of Municipal permit data the Municipality intakes only approximately $11,000 per year currently from Development Permit fees, providing further evidence that Development Permits are not a major source of revenue or profit for the Municipality. DISCUSSION Council has recently reviewed and updated its Fee Policy in early 2019, however, no changes were made to Development Permit fees. The Municipality is also working with the District of Lunenburg, Town of Lunenburg and Town of Mahone Bay to implement the Building Inspection Shared Services project.This work will result in a combined Building and Development Permit application,with fees being set by each individual Council. REPORT TO:Municipal Council SUBMITTED BY:Community Development Department DATE:November 14, 2019 SUBJECT:Amendment to Fee Policy – Development Permits ORIGIN:Council Originated 2 Request For /Direction In the interest of facilitating a smooth transition to the new planning documents, staff has been asked to review fees for Development Permits and provide options to adjust the fee. Staff have reviewed Policy P- 20 (Fee Schedule) in addition to a review of fees charged by several other rural municipalities (District of Lunenburg, Colchester County, Kings County and West Hants). There is a definite trend toward having a combined application for Building and Development Permits.Most Municipalities reviewed by staff appear to charge for Building Permits and either have no fee for Development or it is incorporated into the Building Permit Fee. The Municipality of Chester currently charges $40 for Development Permit for projects with a construction value under $5000 or $60 for projects with a construction value greater than $5000. IMPLICATIONS Reduction of Development Permit fees is not anticipated to have a substantial impact on Municipal finances or revenue. Policy The fees charged by the Municipality are contained within policy P -20. A change to fees for Development Permits would constitute an amendment to policy P-20. Financial/Budgetary The reduction in permit fees will impact the overall permit revenue collected by the Municipality. While there is expected to be an increase in permit applications, staff have not analyzed or forecast an exact impact on Municipal revenues. As stated previously in this report the funds collected currently for Development Permits do not constitute a significant portion Municipal revenue. Environmental N/A Strategic Plan Continually improve public satisfaction with municipal services; Work Program Implications Increased staff time will be required to administer and issue Development Permits relating to the new planning documents. Changes to the fee charged for Development Permits will not impact thi s workload. CONCLUSION With the trend observed in other Municipal Units, the introduction of the new planning documents, and the Shared Services initiative already underway, a change to reduce or eliminate the fee for a Development Permits is reasonable. Building Permits have and will continue to be the primary revenue source related to permitting for the Municipality of Chester. Development Control and permitting will Development Permit Fee Building & Development Permits Combined Application MODL $26 Yes West Hants None Yes Colchester None Yes Kings None Yes 3 Request For /Direction operate similar to other services that come at a cost and do not sustain themselves throu gh permits or licensing. OPTIONS 1.Give 1st Notice to amend Policy P-20 to eliminate fees for Development Permits; 2.Give 1st Notice to amend Policy P-20 to reduce fees for Development Permits for projects with construction value over $5000 from $60 to $20 (or some other amount determined by council) and eliminate fees for Development Permits for projects with construction value less than $5000; 3.Give 1st Notice to amend Policy P-20 to reduce fees for Development Permits for projects with construction value over $5000 from $60 to $20 or another amount determined by Council) and reduce fees for Development Permits for projects with construction value less than $5000 to $10 (or another amount determined by Council); 4.Give 1st Notice to amend Policy P-20 to reduce fees for Development Permits. All Development Permits will now be a flat fee of $10, regardless of the value of construction ; 5.Make no changes to Policy P-20. ATTACHMENTS Fee Policy P-20 –including proposed amendments Municipality of the District of Chester Fees Policy Policy P-20 Effective Date:January 10, 2019 Fees Policy P-20 (continued)Page 2 of 12 Notice of Intention to Amend –Committee of the Whole –October 18, 2018 (2018-457) First Notice –Council –October 25, 2018 (2018-457/463) Second/Final Notice –Council –January 10, 2019 (219-009) Effective Date –January 10, 2019 MUNICIPALITY OF THE DISTRICT OF CHESTER POLICY P-20 FEES POLICY 1.PURPOSE 1.1.To establish a Schedule of Fees for licenses,permits, and services provided by the Municipality of the District of Chester that Council will review and,if necessary,revise during the annual budgeting process. 2.DEFINITIONS 2.1.“CAO” means the Chief Administrative Officer for the Municipality, or her/his designate. 2.2.“Council” means the elected officials that make up the Council of the Municipality of the District of Chester. 2.3.“Director” means the senior staff person that leads one of the Municipality’s seven administrative departments and who reports to the CAO. 2.4.“Municipality” means the Municipality of the District of Chester . 2.5.“Schedule A” means the authorized and consolidated list of fees that the Municipality charges for a wide range of licenses, permits, and services. 3.POLICY STATEMENTS 3.1.It is appropriate for Council to charge fees, as authorized by the Municipal Government Act and as applied through the Municipality’s by-laws, resolutions, and policies,in order to help offset administrative costs through partial cost recovery. 3.2.This policy applies to all fees included in Schedule A unless in conflict with applicable provincial legislation, or with fees set out in a by-law, resolution,or policy with an effective date after the date this Fees Policy was last amended. Fees Policy P-20 (continued)Page 3 of 12 Notice of Intention to Amend –Committee of the Whole –October 18, 2018 (2018-457) First Notice –Council –October 25, 2018 (2018-457/463) Second/Final Notice –Council –January 10, 2019 (219-009) Effective Date –January 10, 2019 3.3.By listing all of the Municipality’s fees in one consolidated Fees Policy, the Municipality is able to coordinate the review of fees for licenses, permits, and services and the impact of any adjustments to these fees on projected revenues as part of the annual budgetary process. 3.4.The responsibility for the accuracy and currency of the fees outlined in Schedule A rests with the Municipality’s Directors. However,the CAO will coordinate the review of Schedule A on an annual basis as part of the budgeting process and recommend changes, if any, to Council for review. 3.5.Once approved by Council, the most recent amended version of this policy and the associated Schedule of Fees will be shared by Directors with all staff and applied to the Municipality’s administration of licenses, permits, and services. 3.6.Processing Agreements for materials from outside the Municipality are not subject to the annual budgeting and fee review process outlined in this policy.Fee schedules approved through Processing Agreements will be shared promptly by the CAO and the Director of Solid Waste with Department of Solid Waste staff and applied to the Municipality’s administration of Tipping Fees at Kaizer Meadows. 3.7.Council delegates the authority for setting fees for recreation programs to the Director of Recreation & Parks or her/his designate. Such fees and any associated refund policy will be managed outside of this policy. Waiving Fees 3.8.The Municipality may waive fees for non-profit organizations or groups that do not have the ability to raise revenue via taxation, with the exception of Fire Commissions when applying for Letters of Concurrence. Proof of non-profit status is required prior to the Municipality waiving fees. Refunding Fees 3.9.The Municipality provides limited refunds for fees, but with the following restrictions: 3.9.1.For fees greater than $50,a refund will be issued with a deduction of $50 for administration costs. 3.9.2.For fees of $50 or less, no refund will be provided. Fees Policy P-20 (continued)Page 4 of 12 Notice of Intention to Amend –Committee of the Whole –October 18, 2018 (2018-457) First Notice –Council –October 25, 2018 (2018-457/463) Second/Final Notice –Council –January 10, 2019 (219-009) Effective Date –January 10, 2019 3.9.3.For permits, refunds are available prior to the permit being issued only. 4.GUIDING PRINCIPLES AND VALUES 4.1.This policy communicates the Municipality’s principle of charging fees to help offset costs for providing licenses, permits, and services.In so doing, Council works to maintain a commitment to fiscal responsibility by partially recovering associated administrative costs through user fees rather than through the general tax rate.This is the guiding principle and approach that the Municipality may choose to apply at any time to user fees not covered by this policy. 5.POLICY ROLES AND PROCEDURES 5.1.The following is a summary overview of roles and, where applicable, procedures associated with the ongoing maintenance of this policy. Further detail for all policy development and review work is captured in the Policy Review Check List. Responsible Council Accountable CAO; Municipal Clerk Consulted All Department Directors Informed All staff of the Municipality; residents 6.RELATED DOCUMENTATION 6.1.The following is related legislation, regulations, by-laws, resolutions, policies, and other documentation that relate to this policy. Document Name Document Type Municipal Government Act Legislation Tipping Fee Schedule, Solid Waste Department Administration Processing Agreements, Solid Waste Department/CAO Administration 7.REVIEW REQUIREMENTS 7.1.The CAO will lead a review of this policy as part of the annual budgetary process. Any recommendations for amendments or repeal must be authorized by Council. Fees Policy P-20 (continued)Page 5 of 12 Notice of Intention to Amend –Committee of the Whole –October 18, 2018 (2018-457) First Notice –Council –October 25, 2018 (2018-457/463) Second/Final Notice –Council –January 10, 2019 (219-009) Effective Date –January 10, 2019 Amendments must be captured in the Version Log below. Note any former policies replaced by a new or amended policy under ‘Amendment Description’, when applicable. Version Number Amendment Description Consulted Accountable Approval Date 2014 Policy amended to update Engineering & Public Works and Solid Waste fees. Department Directors CAO July 10, 2014 2019 Clarification of policy statements; updates to Schedule A; updates to policy format Department Directors CAO January 10, 2019 Fees Policy P-20 (continued)Page 6 of 12 Notice of Intention to Amend –Committee of the Whole –October 18, 2018 (2018-457) First Notice –Council –October 25, 2018 (2018-457/463) Second/Final Notice –Council –January 10, 2019 (219-009) Effective Date –January 10, 2019 SCHEDULE A Administration Fee Other Information MPS and LUB $10.00 per full document Fax –Received $1.00 per page Fax –Sent $2.00 per page Parking Tickets $15.00 Photocopies -Colour (Single Sided)$0.30 per page (service only for residents copying Municipal documents and for non- profit groups copying their own documents) Photocopies -Colour (Double Sided)$0.50 per page (service only for residents copying Municipal documents and for non- profit groups copying their own documents) Photocopies -Black & White (Single Sided)$0.10 per page (service only for residents copying Municipal documents and for non- profit groups copying their own documents) Photocopies -Black & White (Double Sided)$0.12 per page (service only for residents copying Municipal documents and for non- profit groups copying their own documents) Photocopies -Plans & Drawings (Black & White)$10.00 per sheet; limit 15 (service only for residents copying Municipal documents and for non-profit groups copying their own documents) Photocopies -Plans & Drawings (Colour)$20.00 per sheet; limit 15 (service only for residents copying Municipal documents and for non-profit groups copying their own documents) Photocopies -Plans & Drawings (Scan only)$3.00 per sheet; limit 15 (service only for residents copying Municipal documents and for Fees Policy P-20 (continued)Page 7 of 12 Notice of Intention to Amend –Committee of the Whole –October 18, 2018 (2018-457) First Notice –Council –October 25, 2018 (2018-457/463) Second/Final Notice –Council –January 10, 2019 (219-009) Effective Date –January 10, 2019 Administration Fee Other Information non-profit groups copying their own documents) Vendor License -Ratepayer (1 year)No Charge Vendor License –Non-Ratepayer (1/4 year)$25.00 unprocessed products of the farm, forest, or sea Vendor License –Non-Ratepayer (1/2 year)$50.00 unprocessed products of the farm, forest, or sea Vendor License –Non-Ratepayer (1 year)$100.00 unprocessed products of the farm, forest, or sea Vendor License –Non-Ratepayer (1/4 year)$50.00 all other goods, wares, or merchandise Vendor License –Non-Ratepayer (1/2 year)$100.00 all other goods, wares, or merchandise Vendor License –Non-Ratepayer (1 year)$200.00 all other goods, wares, or merchandise Auctioneers $20.00 Tax Certificate Fee $30.00 NSF Cheque Fee $30.00 Deed Transfer Tax percentage established in By- Law #137: Deed Transfer Tax Interest on Overdue Taxes 12%1% per month Third Party Credit Service Fee $3.00 per bill if the amount is less than $100 $3.00 per $100 of bill amount up to $500 2.65%of the bill amount over $500 Animal Control Fee Other Information Dog License $15.00 five-year period; non- transferable Redemption Fee for Dogs $50.00 Kennel Application Fee $75.00 one-time fee Kennel License $150.00 Building Inspection Fee Other Information Construction Value -$0.00 to $10,000 $10.00 Construction Value-$10,001 to $20,000 $16.00 Fees Policy P-20 (continued)Page 8 of 12 Notice of Intention to Amend –Committee of the Whole –October 18, 2018 (2018-457) First Notice –Council –October 25, 2018 (2018-457/463) Second/Final Notice –Council –January 10, 2019 (219-009) Effective Date –January 10, 2019 Administration Fee Other Information Construction Value-$20,001 to $50,000 $35.00 Construction Value -$50,001 to $100,000 $65.00 Construction Value-$100,001 to $200,000 $125.00 plus $1.10 per $1,000 over $100,001 Construction Value -$200,001 and over $250.00 plus $1.10 per $1,000 over $200,001 Zoning Confirmation Letters $30.00 Civic Number Plate $14.00 Public Hearing Documents - Entire package with all public comments $0.12 per page LUB Amendment Application Fee $300.00 (refundable if withdrawn within seven business days) plus a $500 deposit towards advertising costs MPS Amendment Application Fee $500.00 (refundable if withdrawn within seven business days) plus a $500 deposit towards advertising costs Development Agreement Application Fee or Substantial Amendments to DA $400.00 (refundable if withdrawn within seven business days) plus a $500 deposit towards advertising costs Discharge of Development Agreement Registry Fee recording fees in accordance with Land Registry office fees Unsubstantial Amendment to Development Agreement $100.00 plus a $500 deposit towards advertising costs Development Permit (construction value up to $5,000)$40.00 $XX.XX Development Permit (construction value over $5,000)$60.00 $XX.XX Site Plan Approval $75.00 (refundable within seven days) Final Subdivision Approval App. Fee (six lots or fewer)$200.00 plus recording fees & public open space dedication Fees Policy P-20 (continued)Page 9 of 12 Notice of Intention to Amend –Committee of the Whole –October 18, 2018 (2018-457) First Notice –Council –October 25, 2018 (2018-457/463) Second/Final Notice –Council –January 10, 2019 (219-009) Effective Date –January 10, 2019 Administration Fee Other Information Final Subdivision Approval App. Fee (seven lots or more)$400.00 plus recording fees & public open space dedication Tentative Subdivision Approval $50.00 Zoning Confirmation Letters $30.00 Application for Letter of Concurrence (Communication Towers) $400.00 (no refund) plus a $500 deposit towards advertising costs Wharves & Berthage $40.00 Public Works Fee Other Information Sewer Application Fee $50.00 Sewer Hook Up Deposit Varies Based on estimate to do the job Driveway Culvert Replacement Varies Based on estimate to do the job Sidewalk Entrance Replacement Varies Based on estimate to do the job Kaizer Meadow Fee*Other Information *’Inside’ &‘Outside’ refers to materials originating from inside or outside the Municipality. Interest on Overdue Accounts 12%1% per month Asphalt & Brick $35.00 Inside $40.00 Outside per tonne Cardboard & Paper No Charge Inside $275.00 Outside per tonne Direct Haul –Bridgewater as per processing agreement Direct Haul –Commercial Organics as per processing agreement Direct Haul –Lunenburg as per processing agreement Direct Haul –Mahone Bay as per processing agreement Direct Haul –Mirror as per processing agreement Direct Haul –Other as per processing agreement Mixed Construction & Demolition Waste $60.00 Inside $66.00 Outside per tonne Mixed Waste $175.00 per tonne Organics & Blue Bags (Chester)No Charge Residual Waste -Curbside Collection $89.06 per tonne Residual Waste - Residential/Commercial (Chester) $89.06 per tonne Fees Policy P-20 (continued)Page 10 of 12 Notice of Intention to Amend –Committee of the Whole –October 18, 2018 (2018-457) First Notice –Council –October 25, 2018 (2018-457/463) Second/Final Notice –Council –January 10, 2019 (219-009) Effective Date –January 10, 2019 Administration Fee Other Information Sand Blasted Sand $89.06 per tonne Soil -Contaminated $45.00 Inside $50.00 Outside per tonne Soil -Non-Contaminated $15.00 per tonne Scrap Metal (commercial & residential) $35.00 Inside $40.00 Outside per tonne Septic Waste $22.00 Inside $30.00 Outside per tonne Wood (clean; residential)$35.00 Inside $40.00 Outside per tonne Tires -landfilled $89.06 per tonne CKF/Minas Basin Residuals as per processing agreement HRM -Compost (landfilled) including host fee as per processing agreement LRCRC Residuals (including host fee)as per processing agreement LRCRC Direct Haul Commercial (including host fee)as per processing agreement LRCRC C & D as per processing agreement LRCRC Shingles as per processing agreement Michelin –Bridgewater $89.06 per tonne Michelin –Pictou $89.06 per tonne Town of Lunenburg -Residuals (including host fee)as per processing agreement Town of Lunenburg -Blue Bags &Cardboard as per processing agreement Town of Lunenburg -Organics as per processing agreement Town of Lunenburg - Commercial as per processing agreement Town of Lunenburg -Special Collection as per processing agreement Town of Lunenburg -Scrap Metal, Wood, Asphalt as per processing agreement Town of Lunenburg -Mixed C & D as per processing agreement Town of Lunenburg -Leaf & Yard Waste as per processing agreement Valley Waste -Residuals (including host fee)as per processing agreement Valley Waste –Asphalt &gyproc as per processing agreement Fees Policy P-20 (continued)Page 11 of 12 Notice of Intention to Amend –Committee of the Whole –October 18, 2018 (2018-457) First Notice –Council –October 25, 2018 (2018-457/463) Second/Final Notice –Council –January 10, 2019 (219-009) Effective Date –January 10, 2019 Administration Fee Other Information Dead Animals No Charge Inside (under 500lbs) $35.00 Insider (over 500lbs) $100.00 Outside (per tonne) Household Hazardous Waste (HHW) No Charge Inside Cost Recovery Outside Paint and Propane Tanks No Charge Inside Cost Recovery Outside Septic Gravel (ICI)$35.00 Inside $88.05 Outside per tonne Septic Gravel (Residential)No Charge Inside $88.05 Outside per tonne Fees Policy P-20 (continued)Page 12 of 12 Notice of Intention to Amend –Committee of the Whole –October 18, 2018 (2018-457) First Notice –Council –October 25, 2018 (2018-457/463) Second/Final Notice –Council –January 10, 2019 (219-009) Effective Date –January 10, 2019 Annotation for Official Policy Book Reason for Amendment To ensure fees currently in use by departments are accurate and consistent with current practice. Notice of Intention to Adopt Committee of the Whole October 18, 2018 (2018-457) Date of First Notice at Council October 25,2018 (218-457/463) Date of Second Notice at Council January 10, 2019 (2019-009) Effective Date January 10, 2019 I certify that this Policy was amended by Council as indicated above. _______________________________________January 20, 2019 Pamela M. Myra, Municipal Clerk Date