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Home My Public Portal About2019-12-12_Council_Public_Agenda_PackagePage 1 of 2 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Thursday,December 12, 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.) 4.MINUTES OF PREVIOUS MEETING: 4.1 Council –November 28,2019 4.2 Public Hearing –November 25, 2019 4.3 Public Hearing –November 28, 2019 5.COMMITTEE REPORTS: 5.1 Committee of the Whole –December 5, 2019 –Warden Webber (approval of motions only) 5.2 Committee of the Whole –November 21,2019 –Warden Webber (receive minutes only) 5.3 Any other Committees. 6.MATTERS ARISING: 6.1 Second Notice -Information Access and Protection Policy P-90. 6.2 Second Reading -Amendment to Outdoor Burning By-law #142. 7.CORRESPONDENCE: 8.NEW BUSINESS: 8.1 District Council Grants 2019-2020 Spreadsheet a)Request from Church Memorial Park: 50th Anniversary –District 1 -$1,000 b)Request from Aspotogan Recreation Association –District 1 -$1,000 c)Request from Heritage Handwork –District 1 -$500 Page 2 of 2 9.IN CAMERA. 10.ADJOURNMENT. 640 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of Meeting of COUNCIL Held in Council Chambers, 151 King Street, Chester, NS On Thursday,November 28,2019 MEETING CALLED TO ORDER The meeting was called to order at 9:00 a.m. by Warden Webber. Present:Warden Webber (District 4)Deputy Warden Shatford (District 2) Councillor Barkhouse (District 3)Councillor Connors (District 6) Councillor Church (District 7)Councillor Hector (District 1) Councillor Assaff (District 5) Staff:Dan McDougall, CAO Pamela Myra, Municipal Clerk Jennifer Webber, Communications Officer Legal:Sam Lamey, Municipal Solicitor Public:There were several members of the public in attendance as well as students from the Forest Heights Community School Spirit Council. Press:There were no members of the press in attendance. APPROVAL OF AGENDA/ORDER OF BUSINESS Councillor Connors requested adding an item to New Business -community sign spelling error. 2019-541 MOVED by Councillor Barkhouse, SECONDED by Councillor Hector the Agenda/Order of Business be approved as amended. ALL IN FAVOUR. MOTION CARRIED. PUBLIC INPUT SESSION (8:45 a.m. to 9:00 a.m.) Brady Hennigar, Chester Grant Road: Council (continued)November 28, 2019 641 Thanked members of Council and planning staff for the thorough plan review. He thought it was quite an ordeal –the plan is a good thing,but it is scary how a couple of people can distort information. Warden Webber thanked Mr. Hennigar for trying to clarify the incorrect information while out in the public. He understands how hard it is to convince people that what is on-line may not be correct. MINUTES OF PREVIOUS MEETING 4.1 Council –November 14, 2019 2019-542 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff the Minutes of the November 14, 2019 Council Meeting be approved as circulated. ALL IN FAVOUR. MOTION CARRIED. COMMITTEE REPORTS 5.1 Committee of the Whole –November 21, 2019 –Warden Webber 2019-543 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford the recommendations from the November 21, 2019 Committee of the Whole meeting be approved as follows: 2019-524 Approval of Agenda and Order of Business 2019-525 Approval of October 24, 2019 Committee of the Whole Minutes 2019-526 –“… refer the proposed Policy P-90 Information Access & Protection Policy to First Notice (Council Meeting November 28, 2019) with the intention to adopt the policy.” 2019-527 –“… approve a financial contribution not to exceed $5,000; and further that staff be directed to collaborate with Our Health Centre in developing a program for physician recruitment in the Municipality.” 2019-528 Adjournment ALL IN FAVOUR.MOTION CARRIED. Council (continued)November 28, 2019 642 a)First Notice -Information Access and Protection Policy P-90. 2019-544 MOVED by Councillor Church, SECONDED by Councillor Barkhouse that First Notice of the Draft Policy P-90 the Information Access and Protection Policy be approved and forwarded to Second Notice of Council on December 12, 2019. ALL IN FAVOUR. MOTION CARRIED. 5.2 Nominating Committee –November 14, 2019 –Warden Webber 2019-545 MOVED by Councillor Barkhouse, SECONDED by Councillor Church the recommendation from the November 14, 2019 Nominating Committee be approved as follows: COMMITTEE CURRENT RECOMMENDATION Audit Committee Public Members –1 Year Public Members –2 Years 1. All Members of Council 2.Bruce Phinney –2 Years (2019-299) 3. Sandra Dumaresq –2 Years (2018- 138) 1. All Members of Council (2019) 2. Bruce Phinney –2 Years (2019- 299) 3. Sandra Dumaresq –2 Years (2018-138) Building Code & Unsightly Premises Committee 1.Councillor Connors (Nov 2018) 2. Deputy Warden Shatford (Nov 2018) 1. Councillor Connors (Nov 2018) 2. Deputy Warden Shatford (Nov 2018) Citizens Planning Advisory Committee 1.John Carroll (2014) 2.Heather Brooker (2016) 3.Nancy Green (2014) 4.Trevor Hume (2014) 5.Mathew Nightingale (2014) 6.Debbie Reeves (2014) 7.Arthur Backman (2014) 8.Mark Narsansky (2014) 9.Village Area Advisory Chair –Carol Nauss (2014) 10.Municipal Area Advisory Chair – Carol Nauss (2018) 11.Chair -appointed by Council Council Representative: 12. Warden (Nov 2018) 12.John Carroll (2014) 13.Heather Brooker (2016) 14.Nancy Green (2014) 15.Trevor Hume (2014) 16.Mathew Nightingale (2014) 17.Debbie Reeves (2014) 18.Arthur Backman (2014) 19.Mark Narsansky (2014) 20.Village Area Advisory Chair – Carol Nauss (2014) 21.Municipal Area Advisory Chair –Carol Nauss (2018) 22.Chair -appointed by Council Council Representative: 12. Warden (Nov 2019) Committee of The Whole 1.All Members of Council (Nov 2018)1. All Members of Council (Nov 2018) Health & Wellbeing Committee 1. Councillor Assaff (Nov 2018)1. Councillor Assaff (Nov 2019) Council (continued)November 28, 2019 643 Landfill Citizens Monitoring Committee Terms: Council Members –1 Year Public Members –2 Years 1. Robert Mitchell (2019-299 2. Doug Sharpham (2019-299) 3. Herbert Fraser (2019-299) 4. Brad Armstrong (2019-299) 5. Councillor Church (Nov 2018) 6. Councillor Barkhouse (Nov 2018) 1. Robert Mitchell (2019-299) 2. Doug Sharpham (2019-299) 3. Herbert Fraser (2019-299) 4. Brad Armstrong (2019-299) 5. Councillor Church (Nov 2019) 6. Councillor Barkhouse (Nov 2019) Joint Building/Fire Inspection Services Steering Committee (2 Council reps) 1. Deputy Warden Shatford (April 2018) 2. Warden Webber (Nov 2018) 1. Deputy Warden Shatford (Nov 2019) 2. Warden Webber (Nov 2019) Joint Fire Services Committee 1. Robert Manuel (2016) 2. Angela Jessome (2016) 3. Debra Bond (2016) 1. Robert Manuel (2016) 2. Angela Jessome (2016) 3. Debra Bond (2016) Landfill Consultation Committee 1. Warden Webber (Nov 2018)1. Warden Webber (Nov 2019) Municipal Area Advisory Committee Terms: Council Members -1 Year Public Members -2 Years 1. Leslie Taylor (2019-299) 2. Christina MacLean (2019-426/436) 3. Carol Nauss (2018-368) 4. Lee Harnish (2019-299) 5. Roy Conrad (2019-299) 6. Margeson Reeves (2019-426/436) 7. Herb Fraser (2018-368) Council Appointments: 8. Councillor Church (Nov 2018) 9. Councillor Assaff (Nov 2018) 1. Leslie Taylor (2019-299) 2. Christina MacLean (2019-426/436) 3. Carol Nauss (2018-368) 4. Lee Harnish (2019-299) 5. Roy Conrad (2019-299) 6. Margeson Reeves (2019-426/436) 7. Herb Fraser (2018-368) Council Appointments: 8. Councillor Church (Nov 2019) 9. Councillor Assaff (Nov 2019) RCMP Advisory Board Public -2-Year Terms (2018-499) 1. Warden Webber (Nov 2018) 2.Deputy Warden Shatford (Nov 2018) 3. Councillor Connors (Nov 2018) 4. Blair Armstrong (2019-299) 5. Terri DeMont (2019-299) 6. Beverly Armstrong (2019-299) 7. Appt by Minister of Justice 8. Support Staff 1. Warden Webber (Nov 2019) 2. Deputy Warden Shatford (Nov 2019) 3. Councillor Connors (Nov 2019) 4. Blair Armstrong (2019-299) 5. Terri DeMont (2019-299) 6. Beverly Armstrong (2019-299) 7. Appt by Minister of Justice 8. Support Staff Recreation & Parks Committee 3 Year Terms D1. Leslie Taylor (2019-299) D2. Suzanne Brown (2018) D3. Brad Armstrong (2017) D4.Kevin Marczak (2017-321) D5. Adam Kaizer (2018-368) D6. Susan Larder (2018-368) D7. Sandy Kaizer (2019-299) COUNCIL MEMBERS 8. Councillor Hector (Nov 2018) 9. Alternate –Councillor Barkhouse (Nov 2018) D1. Leslie Taylor (2019-299) D2. Suzanne Brown (2018) D3. Brad Armstrong (2017) D4.Kevin Marczak (2017-321) D5. Adam Kaizer (2018-368) D6. Susan Larder (2018-368) D7. Sandy Kaizer (2019-299) COUNCIL MEMBERS 8. Councillor Hector (Nov 2019) 9. Alternate –Councillor Barkhouse (Nov 2019) Council (continued)November 28, 2019 644 Service Capacity Review Steering Committee (August 10, 2017) 1. Councillor Barkhouse (Nov 2018) 2. Councillor Assaff (Nov 2018) 1. Councillor Barkhouse (Nov 2019) 2. Councillor Assaff (Nov 2019) Sherbrooke Lake Park Advisory Committee 2017-529/540 Public -3-Year Terms 1. Councillor Connors (Nov 2018) 2. Hugh Harper (October 12, 2017) 3 Year Term 3. Heather Dyment (2019-299) 1. Councillor Connors (Nov 2019) 2. Hugh Harper (October 12, 2017) 3 Year Term 3. Heather Dyment (2019-299) Sherbrooke Lake Stewardship Committee (Water Quality) (MODL Committee) MODL Committee MODL Committee Spectacle Lake Watershed Advisory Committee Public –2-Year Terms Council –1-Year Term 1. VACANT –2014 Agreed to leave vacant until required 2. VACANT –2014 Agreed to leave vacant until required Village Commission Rep: 3. Nancy Hatch (2019-299) Council Appointments: 4. District 1 Councillor 5. District 3 Councillor 6. District 7 Councillor 7. Warden 1. VACANT –2014 Agreed to leave vacant until required 2. VACANT –2014 Agreed to leave vacant until required Village Commission Rep: 3. Nancy Hatch (2019-299) Council Appointments: 4. District 1 Councillor 5. District 3 Councillor 6. District 7 Councillor 7. Warden Village Area Advisory Committee Terms: Council Members -1 Year Public Members -2 Years Village Commission Appointment -2 Years 1. Carol Nauss (2018-368) 2. Ray Cambria (2018-368) 3. Lynn Cochrane (2019-299) Village Commission Rep: 5. Nancy Hatch (2019-299) Council Appointments: 6. Councillor Barkhouse (Nov 2018) 7. Councillor Church (Nov 2018) 1. Carol Nauss (2018-368) 2. Ray Cambria (2018-368) 3. Lynn Cochrane (2019-299) Village Commission Rep: 5.Nancy Hatch (2019-299) Council Appointments: 6. Councillor Barkhouse (Nov 2019) 7. Councillor Church (Nov 2019) Water Quality Monitoring Committee (Mill Cove) One Year Terms Council Representative: 1. Deputy Warden Shatford (Nov 2018) Representatives from: 2. Aspotogan Heritage Trust: Kathy Gamache 3. Municipal Area Advisory Committee: Carol Nauss, Chairperson 4. Fox Point Lake Owners Associations: John McNeil 5. Aspotogan Developments: Ged Stonehouse 6. Technical Consultant:Amina Stoddard (2019) Council Representative: 1. Deputy Warden Shatford (Nov 2019) Representatives from: 2. Aspotogan Heritage Trust: Kathy Gamache 3. Municipal Area Advisory Committee: Carol Nauss, Chairperson 4. Fox Point Lake Owners Associations:John McNeil 5. Aspotogan Developments: Ged Stonehouse 6. Technical Consultant: Amina Stoddard (2019) Council (continued)November 28, 2019 645 REPRESENTATIVES TO OTHER BODIES COMMITTEE/ ORGANIZATION CURRENT RECOMMENDATION Coastal Action 1. Councillor Church (Nov 2018)1. Councillor Church (Nov 2019) Church Memorial Park Trustees 1. Councillor Church (Nov 2018)1. Councillor Church (Nov 2019) Community Use of Schools Committee -ACES 1. Councillor Connors (Nov 2018) 2. Warden Webber (Nov 2018) 3. Deputy Warden Shatford (Nov 2018) 1. Councillor Connors (Nov 2019) 2. Warden Webber (Nov 2019) 3. Deputy Warden Shatford (Nov 2019) Community Use of Schools Committee -FHCS (Alternate membership from 2 to 3 every other year) 1. Councillor Connors (Nov 2018) 2. Warden Webber (Nov 2018) 1. Councillor Connors (Nov 2019) 2. Warden Webber (Nov 2019) Fire Advisory Committee (Municipal Representatives) 1. Deputy Warden Shatford (Nov 2018) 2. Councillor Hector (Nov 2018) 1. Deputy Warden Shatford (Nov 2019) 2. Councillor Hector (Nov 2019) Highway 103 Committee 1. Councillor Assaff (Nov 2018)1. Councillor Assaff (Nov 2019) Louisiana Pacific Community Liaison Committee Member 1. Councillor Hector (Nov 2018)1.Councillor Hector (Nov 2019) Fences and Arbitration Committee 1. Gene Seaboyer 2. Brian Truelove Alternate: ? 1. Gene Seaboyer 2. Brian Truelove Alternate: Director of Community Development (Nov 2019) Lunenburg County Accessibility Advisory Committee 1. Councillor Barkhouse (2019- 166) 2. Alternate: Councillor Assaff (2019-067) 1. Councillor Barkhouse (Nov 2019) 2. Alternate: Councillor Assaff (Nov 2019) Region 6 Inter-Municipal Committee 1. Deputy Warden Shatford (Nov 2018) 1.Deputy Warden Shatford (Nov 2019) Regional Emergency Measures (REMO) 1. Warden (Nov 2018) 2. Deputy Warden (Nov 2018) 3. CAO Alternate: 4. Councillor Barkhouse (Nov 2018) 1. Warden (Nov 2019) 2. Deputy Warden (Nov 2019) 3. CAO Alternate: 4. Councillor Barkhouse (Nov 2019) Senior Safety Program for Lunenburg County 1. Councillor Connors (Nov 2018)1. Councillor Connors (Nov 2019) South Canoe Community Liaison Committee 1. Councillor Connors (Nov 2018) 2.Councillor Church (Nov 2018) 1. Councillor Connors (Nov 2019) 2. Councillor Church (Nov 2019) South Shore Housing Action Coalition 1. Councillor Assaff (Nov 2018)1. Councillor Assaff (Nov 2019) Council (continued)November 28, 2019 646 Western Regional Housing Authority (3 Year Term) 1. David Murdoch (2019-299)1. David Murdoch (2019-299) South Shore Regional Library Board 1. Councillor Connors (Nov 2018)1. Councillor Connors (Nov 2019) South West Regional Community Advisory Board 1. Councillor Assaff (Nov 2018)1. Councillor Assaff (Nov 2019) Victorian Order of Nurses 1. Councillor Connors (Nov 2018)1. Councillor Connors (Nov 2019) Western Region Crown Land Stakeholder Interaction Committee 1. Councillor Barkhouse (Nov 2018) 1. Councillor Barkhouse (Nov 2019) Zoe Valle Library Municipal Trustee 1. Councillor Barkhouse (Nov 2018) 1. Councillor Barkhouse (Nov 2019) ALL IN FAVOUR. MOTION CARRIED. 2019-546 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford the minutes of the November 14, 2019 Nominating Committee be approved as circulated. ALL IN FAVOUR. MOTION CARRIED. 5.3 REMO Advisory Committee –May 21, 2019 –Deputy Warden Shatford a)Hurricane Dorian -After-Action Report Deputy Warden Shatford noted that the minutes are quite old; however, the new REMO Coordinator felt she needed time to meet with all Municipalities before a meeting was held. A meeting was held last week. 2019-547 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford the minutes of the May 21, 2019 REMO Advisory Committee and After -Action Report of Hurricane Dorian be received. CARRIED. 5.4 Building Code & Unsightly Premises Committee –November 16, 2019 2019-548 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford that the following motions be approved as circulated: 2019-535 –“… issue a 14-day order to demolish the structure at 50 Lions Cub Road, Fox Point.”Refer to motion 2019-549 Council (continued)November 28, 2019 647 2019-536 –“… give a 14-day extension on the Order to Comply to have the unsightly issues remedied at 5452 Highway 329, Blandford.” ALL IN FAVOUR MOTION CARRIED. It was noted that proper notice had not been given regarding motion 2019-535. 2019-549 MOVED by Councillor Connors, SECONDED by Deputy Warden Shatford that the motion resulting from the November 26, 2019 Building Code & Unsightly Premises, Motion Number 2019-535 be withdrawn. ALL IN FAVOUR MOTION CARRIED. It was noted that the only order required to come to Council is a Demolition Order. 5.5 Building Code & Unsightly Premises Committee –October 31, 2019 2019-550 MOVED by Councillor Connors, SECONDED by Councillor Barkhouse that the recommendation from the October 31, 2019 meeting of the Building Code & Unsightly Premises Committee be approved as follows: 2019-531 –“… provide a dumpster for seven (7) days to the occupant of 71 Bridgeview Drive, Gold River, PID 60158797 under the Clean-Up Assistance Program (Policy P-36).” ALL IN FAVOUR. MOTION CARRIED. 5.6 Building Code & Unsightly Premises Committee –September 17, 2019 2019-551 MOVED by Councillor Connors, SECONDED by Councillor Barkhouse that the minutes of the September 17, 2019 meeting of the Building Code & Unsightly Premises be received as circulated. CARRIED. 5.7 Airfield Flight Engineers –Councillor Assaff Councillor Assaff indicated that the organization will be providing presentation to schools. Many people don’t know what the organization does, i.e. plumbing, electrical, construction. The Community School Coordinator has been in touch with the organizat ion to do a presentation at Forest Heights Community School. At this time, they are focusing on recruitment; without Council (continued)November 28, 2019 648 recruits it is difficult to complete projects they committed to when most are on duty or deployed. They do wonderful work and have done work at FHCS, Gold River Bridge, New Hope Church, and others through –FHCS, gold river bridge, New Hope Church, and others throughout Lunenburg County. 5.8 VON –Councillor Connors Councillor Connors reported that the VON are continuing along. There are three new board members with great qualifications. She told Council to watch their mail as there will be a promo by the end of the calendar year –a two-pager with a donation opportunity.The board is hoping to get to each of the five municipal units in January/February to update Councils on their progress. She also reported that she is on the committee helping to put together the Annual Christmas Luncheon for their volunteers. Councillor Church asked if the promo will be going out with the flyers and Councillor Connors was unsure. Councillor Church noted that the participants at Bonny Lea are able to fold the flyers if need be and Councillor Connors noted that she will contact staff at the VON to determine if that is an option. Councillor Connors asked to revisit the Nominating Committee discussion regarding the representatives to the South Canoe Community Liaison Committee. The comment in the minutes was that there would be a representative on the Committee as long as there are funds to disperse.There have been no funds for dispersal for some time. 2019-552 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that the South Canoe Community Liaison Committee be removed from the list of Committee Appointments. ALL IN FAVOUR. MOTION CARRIED. The Citizens Planning Advisory Committee will remain until the Municipal Planning Strategy and Land Use By-Law has been approved. MATTERS ARISING 6.2 Second and Final Notice -Fees Policy P-20 The Senior Planner,Garth Sturtevant, outlined the change, i.e. the fee for the value of a development, if less than $5,000, will be zero and the fee for developments over $5,000 will be Council (continued)November 28, 2019 649 $10. This was in response to a concern by residents that the adoption of a Municipal Planning Strategy and Land Use By-Law was a way to incur more revenue. 2019-553 MOVED by Councillor Hector, SECONDED by Councillor Barkhouse that Council approve Second and Final Notice for amendments to Policy P-20 Fees policy to change fees as follows: Development Permit (construction value up to $5,000)–Nil Development Permit (construction value over $5,000)-$10.00 ALL IN FAVOUR. MOTION CARRIED. 6.3 Public Hearing –2nd and Final Reading –Municipal Planning Strategy and Land Use By- Law. Garth Sturtevant, Senior Planner, reviewed a report dated November 26, 2019 –Public Hearing Summary and Second Reading –Municipal Planning Strategy and Land Use By-Law. There was a change noted by staff and the solicitor regarding part 1.3 –a wording change was required to more accurately state that the document becomes effective when the notice goes in the paper. Staff heard the concerns from members of the public, many of which had been discussed previously, and the suggestions were: 1.Remove Production Limit for Off-Building Solar Panels -If Council is in favour of this change, staff would suggest removing Part 4.7.2 c) and d) of the Land Use By -law.It was noted that with technology improving every day, there may likely be panels that are much smaller. As well, it was not the intention to prevent such initiatives as solar gardens which would serve more than one property. This was considered a non - substantial change. 2.Expansion of vegetative buffers -Several speakers at the Public Hearing called for an expansion of these requirements so that they would apply to all new development around lakes. The request was to require vegetated buffers for new dwellings and other smaller projects that under the current plan do not require a Vegetated Buffer. 3.Coastal Protections and Setback –it was noted that the Municipality is waiting for regulations from the province; however, some residents felt Council should consider something in the interim. Council (continued)November 28, 2019 650 4.Introduce Regulations for Short Term Rentals –this is with regard to Air BnBs that may have a significant impact on housing affordability. The Senior Planner noted that of the four items outlined, issues 2, 3, and 4 are more substantial in in nature and would require further research as well as holding a second Public hearing for the revised documents. Issue 1 can be accommodated as a minor change without requiring another public hearing. Following discussion, it was agreed to adopt the document with minor changes as outlined in Option 2 of the Request for Decision dated November 26, 2019 –“M2019-502”(option 2). 2019-554 MOVED by Councillor Assaff, SECONDED by Councillor Hector that Council give Second and Final Reading to the new Municipal Planning Strategy and Land Use By-law, including clarification at part 1.3 that the documents become effective when notice is placed in a local newspaper AND to remove restrictions limiting production capacity for off-building solar collectors. CARRIED. A break was held from 9:26 to 9:43 a.m. NEW BUSINESS 8.1 Request for Decision prepared by Recreation and Parks Department regarding Council Grant Request –Chester Brass Band Inc. 1.Council Grants 2019-2020 Spreadsheet: a)Request from Chester Brass Band Inc.-$1000 2019-555 MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that Council approve a Council Grant in the amount of $1,000 for Chester Brass Band. DISCUSSION: Councillor Connors indicated that she was not I attendance on November 14 th and asked if the application was received before the deadline; it was. ALL IN FAVOUR. MOTION CARRIED. 2.Church Memorial Park a.District Council Grant –District 3 -Church Memorial Park -$500 Council (continued)November 28, 2019 651 2019-556 MOVED by Councillor Barkhouse, SECONDED by Councillor Church that Council approve a District Council Grant District 3 in the amount of $500 to Church Memorial Park. ALL I FAVOUR. MOTION CARRIED. b.District Council Grant –District 7 -Church Memorial Park -$1,000 2019-557 MOVED by Councillor Church, SECONDED by Councillor Barkhouse that Council approve a District Council Grant District 7 in the amount of $1,000 to Church Memorial Park. ALL I FAVOUR. MOTION CARRIED. 8.3 Community Name Sign –Councillor Connors Councillor Connors outlined an incorrect community name sign for Aaldersville. Over the years, the community name has been shortened to be spelled with one “a” rather than two. It has been historically confirmed from various documents that the name should be “Aaldersville”. Councillor Connors would like Council’s approval to begin the process to correct the community name. The Director of Community Development noted that the Province has a process in place which requires that Council support it.It would normally be initiated by a community member and go through the process which is why historical documentation is required.Once the information is in hand, a petition is to be circulated. 2019-558 MOVED by Councillor Barkhouse, SECONDED by Councillor Hector that Council approve the commencement of the process to correct the community name spelling of Aaldersville spelled “Aaldersville” rather than “Aldersville” by preparing a petition for circulation. ALL IN FAVOUR. MOTION CARRIED. MATTERS ARISING (continued) 6.1 Information Report prepared by Erin Schurman-Kolb, Bylaw Enforcement Coordinator regarding CM-KL2019-001 –Kennel Appeal (appointment at 9:45 a.m.) Present was Christine Zinck as well as Tara Maguire, Director of Community Development, and Erin Schurman-Kolb, By-Law Enforcement Coordinator. Council (continued)November 28, 2019 652 The By-Law Enforcement Coordinator reviewed the matter to date as outlined in the Information Report dated November 28, 2019 “”CM-KL2019-001 –Council Appeal” commenting on: Property visit completed –11 adult dogs on site that were well behaved and within a chain link enclosure constructed to house the dogs to keep them from running at large. They have heard from neighbors that dogs are no longer running at large. Wade Richards of the SPCA also accompanied staff on the property visit. The Director of Community Development outlined the three options available to Council noting some conditions that staff and the SPCA felt would take precedence over the others. Discussion followed with regard to the various conditions that were special or standard for the Canadian Vet Standards for Kennels. Staff noted that they would normally issue a license without conditions, but there are some. Staff noted that, at the very least, the licence should include keeping do gs within the enclosure, not allowing them to run at large, etc. Barking at night is more challenging and the Director noted that when there is an issue with barking dogs, the animal Control Officer deals with those. It was noted that conditions can include no dogs outside at night. It was suggested that conditions 1 to 4 as outlined in the Information report could be included on the license. It was confirmed that the conditions would apply to this kennel only; there are different issues depending on the location.It was suggested that options 5 to 9 are more “inspection type” matters. It was noted that the kennel is inspected at least bi-annually without a complaint; but sooner if there has been a complaint.The licence must be renewed every year. There was concern noted that neighbors weren’t advised; however, staff indicated that the goal is to address the concerns of the neighbors. The limit would be 20 dogs, including puppies. It was agreed that input from the applicants and public had passed. It was noted that the neighbors are aware of the license and conditions. Warden Webber suggested adding time of the day that the dogs are allowed outside, and the remainder of the potential conditions could be reviewed upon inspection. Council (continued)November 28, 2019 653 2019-559 MOVED by Councillor Barkhouse, SECONDED by Councillor Hector that Council approve the Kennel License for Christine Zinck with the following conditions included: 1.Outdoor dog enclosure expanded to allow the dogs to break out into a trot by July 2020; 2.No dogs running at large off property; 3.Shaded areas provided in the outside pen to allow all dogs to use immediately; and 4.Secure water buckets in outside pen (immediately). ALL IN FAVOUR. MOTION CARRIED. CORRESPONDENCE There were no items of Correspondence for review. NEW BUSINESS (continued) 8.2 Recreation and Parks Department –Quarterly Update/Report. Present was Chad Haughn, Director of Recreation & Parks who reviewed the quarterly update as circulated, commenting on: Planning for Open Space Active Transportation Community Group Support Recreation Metrics Grants Community Schools Community Coordinator Senior Services Expo Rum Runners Trail Vision for Trails in Nova Scotia ProKids Councillor Hector commented that maintenance on the East River Bridge is nearing completion and have been using Municipal property to park their machines.He asked that, in lieu of the wider sidewalks on the bridge could DOTIR put in paved shoulders instead?He commented that it looked wide enough,but asked if they are they going to pave it as paved shoulders will be better for people walking to the trail. Council (continued)November 28, 2019 654 The Director of Recreation & Parks agreed to touch base with DOTIR and follow-up. 8.4 Chester Village Christmas –Councillor Barkhouse Councillor Barkhouse reminded Councillors that the Chester Village Christmas begins this weekend, starting on Friday at 6:30 p.m. Short Notice will be playing and noted that they wrote a song about Tancook. 8.5 Tender Process –Councillor Church Councillor Church informed Council that she received a complaint from resident regarding the Municipality’s tender process for the trails.She asked if it was it standard to separate the costs for the operator and the machines; could we be paying more for what we are actually getting in work time? There was a brief discussion and the CAO noted that if there is a lack of clarity staff can issue an addendum. 8.6 Service Medals for Firefighters –Councillor Assaff Councillor Assaff asked if it were possible to have the name of the firefighter engraved on the service medals they received. He has a 35-year service medal to give present and thought it would be a good idea to have the name included. It was noted that the medals from the Canadian Fire Services Association are of the same caliber as the Canadian Peacekeeping Medals. Warden Webber asked if it can be determined that engraving the name of the recipient is acceptable. 8.7 PA System at FHCS –Councillor Hector Councillor Hector noted that the PA system available at the Public Hearing on November 25 th was not adequate. He suggested spending some money on a system that would be mo re beneficial. It was agreed to have some equipment purchased to allow all those in attendance to hear what is being said at a public meeting. Council (continued)November 28, 2019 655 IN CAMERA There were no items for “In Camera”discussion. ADJOURNMENT 2019-560 MOVED by Councillor Barkhouse, SECONDED by Councillor Church the meeting adjourn. ALL IN FAVOUR. MOTION CARRIED. (10:47 a.m.) ______________________________________________________ Allen Webber Pamela M. Myra Warden Municipal Clerk 621 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of Meeting of PUBLIC HEARING Consideration of the new Municipal Planning Strategy and Land Use By-law Held at Forest Heights Community School, Cafeteria,847 Highway 12, Chester Grant, NS On Monday, November 25, 2019 The meeting was called to order at 7:00 p.m.by Warden Webber. Present:Warden Webber (District 4)Deputy Warden Shatford (District 2) Councillor Barkhouse (District 3)Councillor Connors (District 6) Councillor Church (District 7)Councillor Hector (District 1) Councillor Assaff (District 5) Staff:Dan McDougall, CAO Pamela Myra, Municipal Clerk Tara Maguire, Director of Comm Dev Garth Sturtevant, Senior Planner Heather Archibald, Development Officer Emily Statton, Planner Legal:Sam Lamey, Municipal Solicitor Public:There were approximately 140 members of the public in attendance. Press:There were no members of the press in attendance that staff were aware of. CALL TO ORDER (CHAIR) a. The Agenda b. General Rules of Conduct c. Council’s decision governed by Chester Municipal Planning Strategy Warden Webber outlined the agenda, general rules of conduct, and that Council’s decision was governed by Chester Municipal Planning Strategy .He asked that people be respectful of different opinions. COMMENTS BY MUNICIPAL SOLICITOR The Solicitor noted that the matter was properly before Council. Public Hearing (continued)November 25, 2019 622 OVERVIEW BY PLANNER a. Location and nature of proposal b. Overview of the new Municipal Planning Strategy and Land Use By-law. c. Recommendation:That Council give 2nd Reading and vote to adopt the new planning documents. Garth Sturtevant, Senior Planner reviewed the information included in the Request for Decision Dated October 24, 2019 “New Municipal Planning Strategy (MPS) and Land Use By -Law (LUB)” provided at the time of First Reading of the MPS and LUB. The Municipal Planning Strategy outlines a Vision, Goals and Objectives for the Municipality. These are explored and realized through the policy statements contained within the Municipal Planning Strategy. The Land Use By-law then establishes regulations which will implement and achieve the objectives of the policy statements from the Municipal Planning Strategy. The reason is to reduce conflict between different types of land uses.Residents may not approve of a large new commercial building being built next to a residence. The goal is to find the right balance for the rights of property owners to use their land and for others to enjoy a peaceful environment.These are residential,commercial, and industrial developments.If there is no LUB then the Municipality would have no say in how land use is regulated –and no say in how communities grow and change over time. Municipality has been zoned since 2004 and these new MPS and LUB documents are a review and update to ensure concerns heard over the past years have been addressed.The MPS and LUB for the Village came into effect 1997 and in 2004 zoning (General Basic Zoning) was applied to the rest of the Municipality that did not already have any detailed zoning. In 2013 the Municipality began the review process,followed in 2014 with establishing the Citizens Planning Advisory Committee,made up of a member from the public from each district as well as each existing Planning Advisory Committee and the Warden. Public engagement has been a big part of creating the plan -three rounds of public engagement –meetings/discussions to establish a vision for the new MPS. Once the vision was created it was time to create a set of goals/objectives.There were seven public meetings, one in each district as well as target sessions that were advertised and if anyone was interested in a particular topic they were encouraged to attend. Public Hearing (continued)November 25, 2019 623 The Vision established within the Municipal Planning Strategy is: “The Municipality of the District of Chester will be a self-sufficient and resilient Municipality, built on the foundation of the character of each of our unique communities. Our communities will work together to provide economic opportunities and a balanced lifestyle for all.” This Vision led to the creation of a set of shared Goals and accompanying objectives which are intended to realize a Municipality that: Safeguards its natural environment; Celebrates its character and heritage; Builds a strong economy; Offers appropriate housing choices; and Enjoys good social and physical health. Round 2 of the public engagement took place in 2015 with the focus being to go back to the public with the Vision and Goals to determine if we got it right.There also began discussions on topics and ideas which were used by staff and the CPAC to produce the new documents. Meetings in each district were held with an open house as well as a question and answer town hall style meeting.Staff also did pop-ups at a number of community events, picnics,etc. where they had materials available and answered questions on various topics related to the plan. After Round 2,Staff and the CPAC held meetings to come up with the first draft of the plan. Once that was prepared, they started Round 3 which included 14 public meetings (2 in each district). At all of those meetings staff collected notes/comments which led to a series of changes to the draft documents. Staff went back to the CPAC with what they heard. In Response to Public Meetings and feedback heard during the 3 Rounds of public consultation, there were a number of significant changes made to the draft documents.For example, regulations proposed for Farm Animals in the first draft caused significant concern and opposition. The new regulations for Farm Animals have been removed from the draft documents. The only regulations for Farm Animals are in areas that currently have these regulations. No expansion of Farm Animal Regulations included in the Final Draft. Staff also heard that the proposed regulations for Yard Sales were unnecessary and overreaching. These regulations have been removed. Yard Sales are now viewed as Temporary Uses for which no permit is required. Public Hearing (continued)November 25, 2019 624 Regulations for RV’s was a controversial topic with some residents looking for more protections from this type of seasonal dwelling, while other comments and feedback was strongly opposed to regulations for RV’s. The result is that the Final Draft documents only regulate RV’s in the Single Unit Residential Zone and Settlement Residential One Zone. These regulations were requested by residents of SU Zone and staff contacted and received positive feedback from property owner associations in SU and SR -1 areas before this was included in the MPS and LUB. Along with talking about some highlights from the new planning documents,staff also want to take some time to discuss some items or issues THAT ARE NOT REGULATED BY THE NEW MPS AND LUB. Staff heard concerns that the plan is overreaching in regulating the exterior appearance of structures. This was made to sound as if all structures would be regulat ed and have a high level of design and architectural controls. In fact, the Land Use By -law only regulates the external appearance of structures for projects that require a Development Agreement approval to proceed. Development Agreements are only required for large projects and these regulations will not apply to small commercial or residential developments. Short Term Rentals, such as Air B&B are not regulated by the new planning documents. This was a conscious decision of Council. Short Term Rentals do not require a permit from the Municipality. The Province is looking at regulating these businesses, but not related to Plan Review. The Municipality has the authority to control infill and excavation on a property only in relation to a development. This means that unless a Development Permit is required and has been applied for, the Municipality does not have authority to control infill or removal or soil. False information was being circulated that the new documents would require a permit or prevent creating a new vegetable garden or doing other site work on a property. Storage of lobster pots on residential property is not controlled or regulated. No permit is required. The main use of the property is residential, and the storage of the pots is considered the same as storing wood, rock or other materials, as long as there is not commercial activity taking place of the site,the main use of the property will remain residential. Outdoor Wood Furnaces are permitted in all zones except Single Unit Residential. This was at request of residents of SU Zone. Public Hearing (continued)November 25, 2019 625 The new documents DO NOT regulate cutting trees or logging. Processing of forestry materials is regulated (i.e.Mills), but the cutting and removal of trees is not regulated, and no permit is required. Does not regulate Christmas Tree operations. The Municipal Planning Strategy divides the Municipality into different Character Areas. Each character area is described in the MPS and provides a general outline for the history, type of development and level of regulations suitable for each part of the Municipality : Rural Area Settlement Area Hamlet Area Village Area Industrial and Business Area Environmental Protection Area Within the Land Use By-law, each Character Area is broken down into one or more zones. Each zone is detailed in the Land Use By-law and has different requirements for the type of land uses and the level of regulations required in each area. Many of the zones in the new plan reflect a long history of mixed use development. This is seen throughout the Municipality and is promoted in the new plan, except in those zones where residents have asked us to implement more control over the type and size of commercial and industrial developments. The plan is not a One Size Fits All Solution. Different parts of the Municipality have different needs, the plan is not a one size fits all approach. Different zones have vary ing levels of regulation based on the type and size/intensity of use proposed. The Municipality has a long and successful history of encouraging a mix of land uses in areas outside of Chester Village. The new documents do not change this approach and the majority of zones in the plan permit a range of residential, commercial and light industrial uses. There are a few exceptions, for example, the Single Unit Residential Zone, which has restrictions on the type and size of business that can be operated. This zone is only applied to a small number of already established residential neighborhoods that are seeking protections. The plan has a Focus on mixed use development (this is how MOC has grown and developed in the past); allow for a wide range of land use activity. Different uses of land will have different regulations (less for small residential, more for commercial and industrial or large multi -unit residential); Public Hearing (continued)November 25, 2019 626 The plan maintains the General Basic Zone for most of MOC (currently covers 97%, under the new plan General Basic covers 90% of land area). Regulations increase with increased intensity of development; The plan introduces the Mixed Use Zone, which is very similar to GB, in areas between Highway 103 and Coast. Allows Residential,Commercial and Light Industrial developments, with regulations to avoid conflicts between different types and intensity of land use . The plan includes several zones focused on Residential use, however, these zones still allow other uses (except SU), but increased protections for residential uses: Settlement Residential Two, Settlement Residential One, Single Unit Residential Increased protections for the natural environment and water quality: The Lakefront Overlay applies to all lakes shown on Schedule B of the Land Use By-law. The overlay requires that any new dwellings be located at least 20m from the water’s edge. There is a limit on hard surfaces within 20 m of the lake. This overlay works together with the underlying zoning and the requirements are in addition to those of the zone requirements. The plan also introduces the Watercourse, Waterbodies and Wetlands setback. This is a separate piece of environmental protection and only applies when the work or project requires a Development Permit (similar to infill and excavation, if no DP is required, these provisions do not apply). When it applies, it requires a 20 m setback for buildings from the water. There are exceptions for small accessory structures, like a shed or boathouse. Environmental protection features –lake front overlay (map)–all lakes identified in red shown on the map have some regulations in addition to the zone they are in.New cottages/homes need to maintain a 20 m setback. A limit on the amount of hard surface within the 20 m –to slow down the run off of water into the water. Also includes watercourse, waterbodies/wetland –similar to infill an excavation –only applies if a development permit is needed. If a project requires a Development Permit and within 20 m –if sufficient size in the zone to develop permit. The new Municipal Planning Strategy and Land Use By-law apply to the entire Municipality except for Chester Village. The Village has a Secondary Planning Strategy and Land Use By -law with different zones and regulations. As part of the adoption of the new planning documents, the boundary for the Chester Plan is being reduced so that it will match the Municipal Boundary of the Village. Currently the planning area for the Village extends past the Municipal Boundary which is a remnant of the first plan adopted for Chester Village. Public Hearing (continued)November 25, 2019 627 This amendment is an interim measure to explain the process underway and ensure clarity in the boundaries covered by each plan prior to review of the Chester Village SPS and LUB Timeline and Process for approval of the new planning documents: The Final Draft MPS and LUB have received a positive recommendation from CPAC at a meeting held on October 7th.The documents then went to Council for 1st Reading on October 24th. Tonight’s Public Hearing is required before 2nd Reading and a vote to adopt the documents can take place. Following the hearing tonight, Council may choose to vote to adopt the documents or may choose to defer making a decision until a future Council meeting. If Council gives 2nd reading and approves the documents, a Provincial review is required, which can take up to 90 days. Once we receive approval from the Province, the final step is to place an advertisement in the Progress Bulletin. The new documents will become effective on the date that the ad appears in the newspaper. Provincial Directive for Planning The Municipality has had planning coverage since 2004.Staff recently heard,within the last year,that the province of NS will be requiring municipalities to have land use planning across the entire municipality. Those without any planning regulations will have to introduce them. Permitting Process Fee Council is in the process of changing fees for development permits –currently development permits would cost $40 if under an estimated value of $5,000 or $60 if over an estimated value of $5,000. That has been changed to only have a fee for development valued at over $5,000. Some felt that the development permit fee was another form of taxation for more revenue. Permit fees are not a source of income. It’s not about money -it is about good planning to reduce land use conflicts. Heather Archibald, Development Officer, answered a question from a gentleman in the audience regarding lobster pots and home offices noting that if you have a home office it is considered an accessory use to the residential use.Home offices are an accessory to residential use. Public Hearing (continued)November 25, 2019 628 PRESENTATION BY DEVELOPER a. Not Applicable COMMENTS BY THE PUBLIC ON THE PROPOSAL a. In Favour b. Opposed c. Any other comments Warden Webber asked those who wished to speak to state their name and civic address for the record. Wayne Heisler,130 Tremont Street, commented on: Boathouses on the Back Harbour -some that are within 20 m and seem to be a lot different than what he is used to seeing as a boathouse. o Warden Webber indicated that the public hearing tonight has no impact on the Village of Chester’s MPS and LUB. The Development Officer noted that Mr. Heisler’s issue will be dealt with when the Village Plan Review is undertaken. Doug Sharpham, North Middle River Road commented on: The Plan for the entire Municipality being a really good idea. For the past 26 years he has been trying to find by-laws to protect people and their property -now the residents and Council have something to follow. This is progress. He asked about affordable housing and Warden Webber responded that, although the Municipality has a statement encouraging affordable housing available for residents, the Municipality will not be building housing. The intent is to make it possible for affordable housing to be put in place in certain areas. Hugh Harper of East Wind Drive commented on: Representing approximately 30 homeowners from Sherbrooke Homeowners Association. He congratulated the Municipal government players in putting out a good plan an d by- law. The only disappointment is that he thought the by-law could have been a little stricter on protecting water quality on lakes and would like to see vegetative buffers on the lakefront overlay. Public Hearing (continued)November 25, 2019 629 Nature has already provided the vegetative buffer and wondered why landowners would remove all the vegetative buffers there.Leaving natural vegetative buffers will prevent run-off into the lake. He referred to nine algae outbreaks on Sherbrooke Lake, some of which were toxic. He suggested that owners consider leaving what nature has already provided for any development. Nicholas Lewin of Prince Street commented on: Concern that people will push rules in the boundaries with a lack of common sense solutions. Weird results from pushing within the rules. Fred Wein, owner of a cottage on Sherbrooke Lake’s North Fork Road commented on: Algae blooms from nutrients running into the lake. In agreement with the recommendations of the Sherbrooke Homeowners Association. In favour of vegetation buffers backed up by regulations/by-laws. If Council is going to implement an education strategy,and want it to be effective,it would have to be a serious strategy with some resources behind it, i.e. brochures, hiring students to go door to door, etc. o Warden Webber noted that he appreciates the need for an education strategy, but staff have not yet had the time to prepare that for implementation. John Burke of 7 Middle River Road commented on: Setbacks and if, when they are passed, can they be amended. Concern about setbacks not allowing construction on the property. o Warden Webber commented that making a change isn’t simple. Council does have the ability to change the setbacks,but it is a process, such as this one.This process is changing a plan that has already been in place for 15 years and this is the process being undertaken tonight to get public input. Christie Chaplin Saunders of 53 Queen Street commented on: Solar collectors allowed on buildings but are restricted on ground mounted systems – what is the philosophy and restrictions. o The Senior Planner noted that there are setbacks, as a shed would also have, from neighbouring property lines. o The Development Officer noted that Single Use Residential,Hamlet,and Gateway zones are affected. Most of what was removed from the Chester Village Zoning was put in a Gateway Zone. Single Unit Residential areas exist today, i.e. Shaw’s Public Hearing (continued)November 25, 2019 630 Island and Shepherds Landing and they have a wattage limit and setbacks (more kw on a building but less off of a building) Warden Webber asked if Ms. Saunders was suggesting a wattage limit change. Ms. Saunders commented that self-supplying is legal, and a typical home would use 10 kw system.She felt it was a little bit arbitrary –why limit size? Phillip Stevens, 4870 Highway 3, Marriotts Cove commented on: Appreciation for the Senior Planner listening to questions at earlier meetings. Concern about setbacks –people are building new buildings within 4-5 feet of highwater. When issuing permits does anyone check permits and where the structure is located. o Warden Webber noted that the Municipality will have to adjust policies on provincial interest on sea level rise –however, we don’t know what and when other than it is coming down the pipes from the province but haven’t received it yet. o Warden Webber noted that he was recently at a presentation on sea level rise and storm surge –Municipalities will likely put some type of regulatory changes on what and where. He complimented staff and Council on listening to the people and making changes. Denise Peterson-Rafuse of Queen Street, Chester commented on: She thanked Council and staff for the work put into the document as it was obvious that they listened to the public and made the changes suggested. Is the Municipality setting a moratorium on building within coastal areas? o Warden Webber noted that the Municipality doesn’t yet know what the policy will include, but does know there will be changes. o The Senior Planner noted that the legislation will be different but, since that is unknown, it was agreed to leave it as it is today. If applications received would not meet future legislation –how would the Municipality deal with that? o The Senior Planner noted that staff would process it as we would today because we don’t know what the length or calculation would be.There were no coastal setbacks previously. The Director of Community Development noted that one of the Municipality’s Strategic Priorities for this year is to do coastal sea level rise mapping.Previously Lidar was flown and now the Public Hearing (continued)November 25, 2019 631 Municipality is working on inland floodplain mapping.The next step is to use the Lidar data to do coastal sea level rise and storm surge reviews.We wouldn’t want to make regulations at a Municipal level until we have that data. Lee Harnish, 677 Borgalds Point Road, commented on: He thanked the Senior Planner for clarification. Concern that the policies are broad –some were removed from the last draft, but wording concerns him. If everything the Senior Planner said is fact,it sounded really good but when you look through the zoning documents there is information in other sections that concerns him. Solar requirements should be removed. Other communities are promoting it. It will cost a lot more to get a solar install done if permits are required. o Warden Webber noted that there is no concern regarding output. The concern is setbacks to neighbouring properties. What would happen if solar panels were installed and setbacks aren’t adhered to? o The Development Officer noted that if a resident has done something that requires a permit at the time of construction/installation they would be violating the Provincial Building Code or Municipal By-Law. If it is done today, it would be considered existing. The construction may be in an area that changes but if the person has the building permit,they are ok. o The Director of Community Development noted that setbacks only apply where setbacks are in lace –not applicable in 90% of the Municipality. Brad Crossley,of New Ross:questioned a wattage cap. Hugh MacKay,MLA,of Glen Haven: Congratulated Council and staff for their exhaustive and best instance of public consultation he has ever seen.The period of times and opportunities for residents was wonderful. Coastal Protection Act is a provincial Act.The province is spending a year doing consultation with municipalities to find out what their thoughts are so when the document comes forward there will be no surprises. Gary Coolen,38 Pennell Road: Asked about a person having property on a lake that isn’t wide enough to build a cottage because of the setbacks. o Warden Webber noted that if the lot is too small for a 20 m setback, it will affect the type of building able to be built. Public Hearing (continued)November 25, 2019 632 He noted that he likely wouldn’t be allowed to build on it. He is currently renting from the Municipality and Council wants to “shove this down our throats”. o The Development Officer noted that there are possibilities, such as a variance . He outlined his experience at the landfill and the limit of sizes on tires accepted, those over 24.5 inches can’t go to the landfill. o Warden Webber outlined the fee paid when purchased so that the tire can be returned to the seller. Chris Seifert Highway 3,Martins Point: The idea sounds really good and a lot of work has gone into it. The restrictive regulations in Single Unit Dwelling areas, Shaws Island and Marvins Island, seems to him that those areas have some more affluent members of the municipality – the status quo is to keep those enclaves the way they want them to be. If they want it, they can have it. He is not comfortable with Council having the power to change and amend by-laws. The same as all levels of government –what you start out with for regulations and by- laws don’t end up looking like that in the end. Once it is prepared,you might as well set it in stone. Public consultation before any changes is a thin veneer that people actually have a say in it.He used the example of the Gold River School being shut down even after the public had input. Meaghan Millett: If the farm animals are revisited, will the public have any input. o Warden Webber noted that the intention was to take it out because the Municipality didn’t understand all of the issues. o If Council revisits that issue it is his understanding that was intended would be to bring in people engaged in farming industry –citizens. The Municipality will advertise as they do for all citizens committees –it would be preferable if a member had a background in agriculture and farming. o The Director of Community Development noted that anytime there is a change the Municipal Government Act mandates how the process will go; Council can’t just change things on a whim. A person from the audience asked how long these types of things are advertised. Public Hearing (continued)November 25, 2019 633 The Director of Community Development noted that between first reading and a public hearing there is a minimum of three weeks. Normally, when staff advertises,they will also post in affected area, on the Municipal website,Municipal office,and in the community. Sandra DuMont DaSilva, of Martins Point: How does the Municipality clarify farming? Are peacocks classified as a farm animal? If council is so worried about coastal areas why aren’t real estate agents being stopped from selling those properties as a place to build? She has a neighbour who has destroyed a wetland and now he has 65’of solar panels set up.What council is saying is that the guy will have to pay a permit. It seems the Municipality has a right to change whatever you want. She has been in NS since 2007 and has never gotten any alerts to meetings. She hears from everyone else. Trailers on waterfront property –is the Municipality restricting any of that? o The Director of Community Development noted that it would depend on the zone and what kind of trailer. o Alerts can only be emailed to those who have requested them and provided their email address. If the Municipality is having a public meeting you should have enough paperwork,so everyone has a copy. Lee Harnish: He is against the new zoning. Mill Cove Base was heavily zoned a number of years ago until a developer came in and the Municipality changed the zones to meet the developer’s needs. The zoning policy is not to protect the people –it is for another reason. He feels Council are working for their own agenda. He suggested that if the Municipality implements zoning,they shouldn’t change it for developers. Ed Coop Highway 12, Chester Basin: He does not like the Municipality telling him what he can or can’t do. What permits and guidelines allow someone to take residential land and change it to commercial. He referred to a property near him that is commercial, and it has changed the taxes and look of the area. Public Hearing (continued)November 25, 2019 634 o Warden Webber noted that there needs to be a balance between regulations and allowing people to do what they please.With regard to the property in Mr. Coop’s area, the property is not in contrast to any by-law at this time. If there is an eyesore, do the neighbors get taxes returned? o Warden Webber noted that under the current by-law the property is General Basic Zone and, at this moment in time,there is nothing taking place that is in violation of the by-law.He is aware of the situation and keeping track. Jewel Countway,38 Parkview Drive: During the five year plan the phases and economic growth were reviewed –it is a balancing act.The Municipality wants to bring in new families; what type of economic development are you looking for? o Warden Webber commented that one thing hard from the business community is that they don’t want to buy a piece of land and develop something that residents are opposed to.The business wants to know from the start what they can or can’t do.Council is trying to set up Zones so that it is clear to the business community what they can do and where. But there is a balance to be had. Annette Collicutt, owner of the local Laundromat: She is the owner of the local laundromat. With respect to Air bnbs,what thought was put into the new regulations? o Warden Webber noted that the Municipality has chosen not to regulate at this time as the province is working on changes. o The Director of Community Development noted that the province is looking to increase the tourism sector,so they are looking at that issue –lack of accommodations. They want to make it easier for tourist accommodations to be put in place.There are some discrepancies on whether they are owner occupied or not. The regulations state at this time that if there are three bedrooms or more it is a commercial operation. The province wants to make the playing field easier. In Chester there is a lack of affordable housing –communities are turning into a three or four month community.She felt that they need to consider AirBnbs. If employees can’t find a place to live,they will go to another community. She understands Council has to wait for something,but there are a lot of business owners on reduced hours simply because they couldn’t find workers. She asked what the thoughts were on manufactured homes. o The Development Officer noted that there are mini home allowances in the current plan. Public Hearing (continued)November 25, 2019 635 o The Senior Planner noted that a small area that used be under the Village MPS & LUB will now be a Municipal MPS & LUB zone –a change for that area. o The Development Officer indicated that the Municipality has a wide range of income and homes –there is no intention to say that the Municipality only wants big houses. Adam Cudmore, landowner in Harriston area: Thanked Council and staff for answering his questions. He appreciated being able to call and speak to someone who would answer his questions. Brian Gifford, 167 Stone Brook Road,New Russell: He sent a letter as part of the package. it was through Councillor Connors that this is a substantive change they requested,but it can’t be changed in this process. He is hoping there will be a remedy to situation through an amendment or some other way. On the face of it he,and most other cottage owners,were quite astonished to find out that under current Land Use By-law and zoning, a private road meant to be the access of owners to the public road is able to have RV pads placed on it.It is good to see that you are paying attention to the protection of lakes and water quality –that is a good step. The lake they are on is only 6’ deep –the carrying capacity of that lake is small –there are no regulations in the proposed documents deal with carrying capacity of the lakes. Kings county has zoning called seasonal recreational zoning and he encouraged the Municipality to consider that at some future time.They should also determine the number of residents that can be accommodated by a lake. Chris Seifert Highway 3, Martins Point: This area was inhabited and settled before Canada was even a country –why now all of a sudden is there a need for rules and regulations. Now residents need to be told, regulated, and by-lawed. Why? o Warden Webber noted that some people want more regulations,and some want none. It is more to do with people coming into the area –they want to change the area to suit themselves. Would he walk into your house and tell you what kind of furniture you can have? Sandra DuMont DaSilva: Public Hearing (continued)November 25, 2019 636 If Council starts regulating air bnb NS tourism will go down. Once you start regulating and putting license fees into play you will cut your nose off to suit your face. Shannon Seifort: She is originally from British Columbia and didn’t get word about this meeting until her father mentioned it When it comes to BC times are changing –when you tell people what they can or can’t do it isn’t right. Sounds like the areas Council is listening to aren’t the ones who want to make a change. People in BC are constantly battling regulations. She has been telling people to come to NS but is not sure can tell them that anymore. Keep in mind what the little people are saying.If you are open to the public then you must listen to the public. She lived in an area of small houses in BC and now townhouses tower above them and look down into their backyards –she asked Council to keep that in mind. Warden Webber asked if anyone else wished to speak . After no responses, Warden Webber declared the public participation portion closed. Members of the public started to leave the meeting room. Warden Webber adjourned the Public hearing at 8:45 p.m. __________________________________________________ Allen Webber Pamela M. Myra Warden Municipal Clerk 637 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of Meeting of PUBLIC HEARING Consideration of Amendments to the Chester Village Secondary Planning Strategy and Land Use By-law Held in Council Chambers, 151 King Street,Chester, NS On Thursday, November 28, 2019 The meeting was called to order at 8:49 a.m. by Warden Webber. Present:Warden Webber (District 4)Deputy Warden Shatford (District 2) Councillor Barkhouse (District 3)Councillor Connors (District 6) Councillor Church (District 7)Councillor Hector (District 1) Councillor Assaff (District 5) Staff:Dan McDougall, CAO Pamela Myra, Municipal Clerk Jennifer Webber, Communications Officer Legal:Sam Lamey, Municipal Solicitor Public:There were four members of the public in attendance. Press:There were no members of the press in attendance. CALL TO ORDER (CHAIR) a. The Agenda b. General Rules of Conduct c. Council’s decision governed by Chester Municipal Planning St rategy Warden Webber outlined the agenda, general rules of conduct, and that Council’s decision was governed by Chester Municipal Planning Strategy . COMMENTS BY MUNICIPAL SOLICITOR The Solicitor noted that the matter was properly before Council. Public Hearing (continued)November 28, 2019 638 OVERVIEW BY PLANNER a. Location and nature of proposal b. Overview of the proposed amendments to the Secondary Planning Strategy and Land Use By - law c. Recommendations i. That Council give 2nd Reading and vote to adopt the amendments to the Chester Village Secondary Planning Strategy and Land Use By -law. The purpose of the amendments is to reduce the area covered by the plan so that it will align with the Village of Chester Municipal Boundary. The Senior Planner Garth Sturtevant reviewed the effect of the change to reduce the area covered by the Village Secondary Planning Strategy and Land Use By-law to match the Municipal Planning Strategy and Land Use By-law. Primarily it is just a change to the mapping to put property that is outside of the Village Boundary within the Municipal Planning Boundary. Advertising took place over three weeks and the advertising requirements have been met. PRESENTATION BY DEVELOPER a. Not Applicable COMMENTS BY THE PUBLIC ON THE PROPOSAL a. In Favour b. Opposed c. Any other comments No one in the gallery wished to speak. CLOSING REMARKS (CHAIR) Warden Webber noted that the matter was now ready for a decision of Council. DECISION OF COUNCIL / DEFERMENT OF DECISION 2019-539 MOVED by Councillor Church, SECONDED by Councillor Barkhouse that Council give Second and Final Reading to amendments, as set out in the Request for Decision dated October 31, 2019, to the Chester Village Secondary Planning Public Hearing (continued)November 28, 2019 639 Strategy and Land Use By-Law to align the Chester Village Municipal Boundary and the Chester Village Planning Area Boundary and as outlined in the attached information (Appendix A) subject to approval of the Municipal MPS and LUB amendments.CARRIED. ADJOURNMENT 2019-540 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff the meeting adjourn. CARRIED. (9:00 a.m.) __________________________________________________ Allen Webber Pamela M. Myra Warden Municipal Clerk MOTIONS REQUIRING COUNCIL APPROVAL FROM DECEMBER 5, 2019 COMMITTEE OF THE WHOLE MEETING 2019-561 2019-562 Approval. of Agenda and Order of Business. Approval of November 21, 2019 Committee of the Whole minutes. 2019-563 FIRE REGISTRATION NOTIFICATIONS MOVED by Councillor Assaff, SECONDED by Councillor Hector that Council approve the registration notifications, as Per Policy P-33 Terms of Reference for Registration of Fire and Emergency Service Providers, and forward the Schedule B confirmation to the individual Commissions. A reminder of the need and urgency of finalizing the audited financial statements up to the year ending March 31, 2019 and resolution of the default status with Joint Stocks be sent with the Schedule B notifications to the Hubbards District 2 Commission. ALL IN FAVOUR. MOTION CARRIED. 2019-564 AWARD OF RFQ FOR 4X4 DIESEL TRUCK MOVED by Councillor Barkhouse, SECONDED by Councillor Church that Council award the Request for Quote MODC-T-2019-009 for the supply and delivery of one (1) 4x4 Diesel 3/4 ton truck to GW Mosher Motors for one (1) 2020 Ford F250 Regular Cab 4x4 Diesel for $47,710 plus HST. ALL IN FAVOUR. MOTION CARRIED. 2019-565 APPROVAL OF BORROWING RESOLUTION MOVED by Deputy Warden Shatford, SECONDED by Councilor Church that Council approve the Bank of Nova Scotia "Borrowing Resolution - Municipalities and School Boards" renewal in the amount of $600,000. ALL IN FAVOUR. MOTION CARRIED. 2019-566 TAX WRITE OFF REQUEST — NO PROVISIONS TO ALLOW MOVED by Deputy Warden Shatford, SECONDED by Councillor Hector that Council direct staff to advise the owner of AAN 02254212 that the Municipality is unable to write off a portion of the taxes in this circumstance as there are no provisions in the Municipal Government Act to allow the Municipality to do so. ALL IN FAVOUR. MOTION CARRIED. 2019-568 In Camera - Section 22(2)(e) negotiations 2019-569 Adjournment 601 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of Meeting of COMMITTEE OF THE WHOLE Held at Forest Heights Community School, Chester Grant,NS On Thursday,November 21,2019 MEETING CALLED TO ORDER The meeting was called to order at 9:15 a.m. by Warden Webber. Connor MacDonald and Alyssa Rose were present representing the Spirit Committee and they are expecting others throughout the course of the morning. Present:Warden Webber (District 4)Deputy Warden Shatford (District 2) Councillor Barkhouse (District 3)Councillor Connors (District 6) Councillor Church (District 7)Councillor Hector (District 1) Spirit Council:Alyssa Rose Connor MacDonald Staff:Dan McDougall, CAO Pamela Myra,Municipal Clerk Jennifer Webber, Communications Officer Tara Maguire, Director of Community Development Heather Hennigar, Economic Development Off icer Bruce Blackwood, Fire Services Coordinator Cliff Gall, Director of Information Services Legal:Sam Lamey, Municipal Solicitor Public:There were 5 members of the public in attendance. Press:There were no members of the press in attendance. Regrets:Councillor Assaff (District 5) APPROVAL OF AGENDA/ORDER OF BUSINESS. Committee of the Whole (continued)November 21, 2019 602 Warden Webber noted the following change and addition to the agenda: The Director of Information Services would like to have his presentation earlier in the meeting; There is one “In Camera” item requiring discussion. 2019-524 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford the Agenda and Order of Business be approved as amended.CARRIED. PUBLIC INPUT SESSION (9:15 A.M.–9:30 A.M.) No one present wished to speak. MINUTES OF PREVIOUS MEETING 1.1 Committee of the Whole –October 24, 2019 2019-525 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church the minutes of the October 24, 2019 meeting of Committee of the Whole be approved as circulated. CARRIED. MATTERS ARISING 5.3 Presentation from Fire Services Coordinator regarding Summary of Phase 1 findings for the Fire Risk Assessment Study. Bruce Blackwood, Fire Services Coordinator, reviewed the PowerPoint presentation that outlined the Fire Risk Assessment Study and commented on the following: Phases of the Risk Assessment Study: o Phase 1 –Risk Assessment o Phase 2 –Capacity assessment o Phase 3 –Optimization Models Insurance gradings Ratings for fire flows in areas throughout the Municipality Response times of fire departments o Volunteer Firefighters are not at the fire stations so the minimum of ten firefighters in fourteen minutes is difficult and is a challenge across the province Optimization of fire stations Mapping showed the areas identified as remote Committee of the Whole (continued)November 21, 2019 603 o There are some communities that can’t be reached by fire trucks for 20 -25 minutes Reliable water supplies Wildland and urban interface and working with land owner associations Inland and ocean water rescue needs Paved, unpaved, and private roads can be an issue Island residences –what is the ability to provide emergency services; fire departments are not equipped to deal with those at this time Project timeline (updated) Upcoming meetings and updates The Fire Services Coordinator thanked Council for the time to provide an update. POLICY DEVELOPMENT/REVIEW 6.1 Request for Decision prepared by Information Services Department regarding Information Access and Protection Policy P-90. Cliff Gall, Director of Information Services reviewed the requirement for a policy, commenting on the following: Assessing what data, records, and technology assets require protection; Good business practice to reduce IT risk; Ransomware which is a virus that prevents users from accessing their systems until a sum of money is paid; Continued training for staff in order to identify risk s; Prevention of data loss; Ensuring essential systems can be recovered to resume operations following a disruption in service; Protocols to handle privacy or security breaches should they occur and formalize protocols on how to respond, report, and prevent data loss; and Carry out vulnerability assessments. 2019-526 MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that the Committee of the Whole recommend to Council to refer the proposed Policy P-90 Information Access & Protection Policy to First Notice (Council Meeting November 28, 2019) with the intention to adopt the policy.ALL IN FAVOUR. MOTION CARRIED Committee of the Whole (continued)November 21, 2019 604 5.1 Presentation/Update from FHCS Environment Club –Connor MacDonald and Alyssa Rose. Representatives from the FHCS Environment Club thanked Council for their previous support. Refill Stations –Connor MacDonald indicated that since the refill stations were installed there have been 11,116 bottles saved. They also continue to give every member of staff and students a reusable bottle when they arrive at school with enough bottles left for two years of grade 9 students. Tree Planting -Their next project will be tree planting;they have planted one tree on the property already,“Barbara the Sugar Maple”which is located near the bus route. Rain Garden Installation –The club will be working with Coastal Action Foundation to plant three rain gardens on the campus and they briefly outlined what made the gardens “rain gardens.” Reusable Cutlery –presently the club is working toward reusable cutlery in order to reduce plastic in the schools and community. Tree Planting -They are considering planting more trees but need to find a parcel of land to do so.There are businesses to coordinate with to plant the trees. Councillor Connors referred to the tree planting. As a municipality ,we are working with food groups, resource centers,and schools about gardens –edible garden trees such as pear and apple.There is a big push on with Tree Canada.She indicated that she would be interested in being involved and has a meeting planned for next week. Warden Webber agreed noting that Council would be happy to work with the students to make a project happen. A break was held from 9:58 a.m. to 10:15 a.m. NEW BUSINESS 8.1 Tourism 2020 Workplan presented by Heather Hennigar, Economic Development Officer and Stephanie Beaumont, Tourism Team. Committee of the Whole (continued)November 21, 2019 605 Heather Hennigar, Economic Development Officer,and Stephanie Beaumont, Tourism Lead were present to review the Tourism Workplan for 2020/21. Ms. Hennigar noted that there are not a lot of significant changes other than replacing the mobile kiosk which has borne a lot of wear and tear and was also heavy and cumbersome.The flags damaged during Hurricane Dorian will also need replacement. Advertising will be the same and they will work more closely with the province to take advantage of funding , especially social media –the uptake on social media was significant. Ms. Beaumont noted that the team would like to enhance what they currently have in place. Last season was the first true season. The ambassadors are going strong. One issue they were lacking from the beginning was photography; most of the pictures are generic stock shots. She is building the supply of Municipal stock pictures by going to local events and taking pictures. They will also be addressing options in terms of the mobile kiosk. A great portion of the program is getting out there and going further afoot; going to events and representing the Municipality. Ms. Hennigar noted that they also have access to stock photos from the province but there are only a small number from Chester, and they are dated. They would like someone to come on board to take pictures. The Tourism Lead noted that the Municipality could spend a lot for photography,but she would prefer grassroots events.There will be challenges but staff will be clear in identifying what they require. There was a discussion regarding local photographers, and it was noted that some do scenery but not people and lifestyle shots. The length of the employment was also discussed, and it was noted that they would like to have them for the peak season -May to end of September. The summer mobile effort will be June, July, and August. The Economic Development Officer noted that it is important to talk about experiences – building on experiences that are available –and this will be for the shoulder seasons as well,as they are the hardest to address.The Municipality is part of the South Shore Tourism Cooperative. The Tourism Lead noted that Oak Island will be under renovations for the Lobster Crawl event so it will be held at Forest Heights Community School instead. This event has been deemed a flagship event –it is now the full month of February –for the Love of Lobster will be a great Committee of the Whole (continued)November 21, 2019 606 event.NS Tourism is actually going out internationally to get people to the event -the Lobster Chowder Show Down Chow Down.Lots of events will be taking place and it is meant to show case all of the 36 communities in the Municipality. The Tourism Lead encouraged everyone to visit Lobstercrawl.ca or Christmascrawl.ca –they are uniting marketing efforts as businesses are still open. It also encourages people to go to the smaller communities.There are tree lightings and Christmas craft shows throughout the Municipality. We are the merriest Municipality and have lots of opportunities for next Christmas if we own it. If we unite,we can showcase the 36 communities -the creativity in the communities is spectacular. Councillor Hector noted that when working with province they should be encouraged to have their campgrounds and beaches open longer –there are a lot of people visiting here in the fall season with motorhomes and trailers, but nothing is open at that time. The province shuts down the tourism industry in October –and we can have beautiful weather up to November. The Economic Development Officer commented that was an important point –she is going to the NS Tourism Conference next week and will bring that into the conversation. We do have beautiful fall seasons here.The province also wants to build on the shoulder season. 8.2 Request for Decision-Direction prepared by Community Development Department regarding Culture Innovation Fund’s Healthy Communities Stream. Heather Hennigar, Economic Development Officer,reviewed the grant that was available through the Community Development Department (Culture Innovation Fund’s Health Communities Stream) which is a grant for position recruitment. She has been having conversations with Our Health Centre and are looking for communities to collaborate and build on what the province is doing. Many Municipalities across the provinces are doing this. This supports every area of our municipality –we are in a crisis stage right now with a lack of physicians and those that are here but are leaving. Economic development and the health crisis go hand in hand.We can’t attract businesses and families without physicians. Our Health Centre supports health and wellness for individuals. The Economic Development Officer reviewed what the grant was comprised of, i.e. Tier 1 and Tier 2. Tier 1 is $10,000 and at the local level but still collaborative. Tier 2 is $10,000 to 420,000 and we would need to contribute. Committee of the Whole (continued)November 21, 2019 607 At this time, she is asking for $5,000 and will be working with Lorraine Burch. She has checked with other municipalities as well and they are also looking at it as an economic development strategy. People won’t come and those that are here will leave –this is about the health and wellness of all people.She outlined the physician tours that she has taken prospective doctors on. It’s not just about bringing them here but keeping them here as well. 2019-527 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that the Committee of the Whole recommend to Council to approve a financial contribution not to exceed $5,000; and further that staff be directed to collaborate with Our Health Centre in developing a program for physician recruitment in the Municipality. ALL IN FAVOUR. MOTION CA RRIED. Deputy Warden Shatford noted that other areas in the Municipality are in need of doctors as well. Aspotogan Heritage Trust (AHT)is actively involved and hoped they would also be included.They are down to one doctor in Hubbards.It will take more than medicine to keep them here. There was some discussion on presentations to prospective doctors, the website, exit interviews, etc. The doctors coming here want to be part of the communities.It is about the “welcoming community”piece.It was noted that a 15 minute tour of one area is all that is involved,that isn’t giving them enough information about the entire Municipality.There needs to be more to offer when they are determining where to set up practice and live.The Economic Development Officer received an email from a doctor from Scotland –he liked the area and felt it was a true fit for his family. The Economic Development Officer noted that historically,when the doctors come,the Health Authority will tell the doctor where they will be recruited to.It is not fair for them to ask her to show prospective doctors the village for 15 minutes. She envisions they can recruit and train ambassadors for each community –there is a lot of pre-work to be completed before this can be done. It was agreed that this is a problem we are facing at the local level and, although it is a provincial issue, municipalities sometimes have no option other than to take on the task themselves. Unfortunately, we are competing with other municipalities; we have a lot to offer and have to ensure those recruitments are aware of all aspects of the municipality. 5.2 Presentation of Grant cheque to FHCS Students –Warden Webber Committee of the Whole (continued)November 21, 2019 608 Warden Webber presented a cheque to the FHCS students in the amount of $1,000 to help them build on the community initiatives and spirit council; Council is looking forward to working with the students. Connor MacDonald outlined how the change from Student Council to Spirit Counc il came about. Since the change they have quadrupled numbers and have been carrying out different activities –Halloween glow in the dark volleyball for example.They are also working on a week of Christmas activities. They want to do more “love where you live”activities at the school –a lot of students aren’t aware of the other communities throughout the municipality so they are planning more events around that. NEW BUSINESS (continued) 8.3 Dry Hydrants in Blandford –Councillor Hector Councillor Hector reported to Council that the Blandford Fire Department has activated their 9th dry hydrant. It is working fine,and they are still looking for other locations for installation.It is a step in the right direction. 8.4 Church Memorial Park 50th Anniversary –Councillor Church Councillor Church noted that the Committee has begun fundraising.They have invited students from FHCS to the February 17th Heritage Day events. The long term plans and the goals of the committee are to develop gardens on site and improve accessibility between Shoreham and Church Memorial Park, which will include an accessible walkway. It can be done in stages.They are also considering an outdoor exercise site on the property. 8.5 FHCS Hockey Team –Warden Webber Warden Webber noted that there is now a hockey team at FHCS –the Forest Heights Falcons. The next home game is Sunday afternoon (November 24). 8.6 Hubbards Farmers Market –Deputy Warden Shatford Deputy Warden Shatford commented that the next three Saturdays are Christmas themed. 8.7 In Camera Meetings –Warden Webber Committee of the Whole (continued)November 21, 2019 609 Warden Webber outlined for the benefit of the students what “In Camera” meetings were and the reasons why they are held, i.e. legal and personnel issues should not be discussed in open session.There is a list of items that are considered “In Camera”. Not until there is a conclusion will the matter be made public.Council can’t make motions “In Camera” but can give staff direction on how to proceed. When it comes to a decision, that decision has to be made public. Warden Webber indicated that there was a need for an “In Camera”meeting. Since there would be no motion resulting, the Committee of the Whole meeting would adjourn to take part in the refreshments made by the students.Following refreshments an “In Camera”meeting would be held. IN CAMERA 9.1 In Camera as per Section 22(2)(c) of the Municipal Government Act –Personnel. ADJOURNMENT 2019-528 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford the meeting adjourn. CARRIED. (10:58 a.m.) __________________________________________________________ Allen Webber Pamela Myra Warden Municipal Clerk First notice –Council -November 28, 2019 Second Notice –Council –December 12, 2019 Municipality of the District of Chester Information Access and Protection Policy Policy P-90 Effective Date: Information Access & Protection Policy P-90 (continued) Notice of Intention to Adopt –Committee of the Whole –2019/11/21 (2019-526)Page 2 of 6 First Notice –Council –2019/11/28 Second Notice –Council –2019/12/12 Effective – MUNICIPALITY OF THE DISTRICT OF CHESTER POLICY P-90 INFORMATION ACCESS AND PROTECTION POLICY 1.PURPOSE 1.1.The Municipality of the District of Chester is responsible for protecting information as an asset.Recognizing that there are risks associated with users accessing and handling information to conduct municipal business, the Information Access and Protection Policy commits the Municipality to develop and implement all necessary protocols and guidelines for maintaining the availability,quality,confidentiality, and privacy of information under its custody and control.As a result, this policy: 1.1.1.Provides the framework for the Municipality to: Identify and protect its data, records, and information technology assets; Detect physical and cyber threats; and respond and recover from information security and privacy breach incidents immediately whenever they occur; Specify the technology and information asset types that must be protected and information security risks that must be mitigated; and Outline the Municipality’s roles and responsibilities for information governance. 2.DEFINITIONS 2.1.“Access Control” is the process by which users are granted access and usage privileges to Municipal information systems and resources. This includes the authorization, authentication,and audit of the access granted. 2.2.“Business Continuity” is the ability to keep critical operations within the Municipality functioning during and after a disaster through a variety of coordinated business and emergency measure responses,including disaster recovery. 2.3.“CAO” means the Chief Administrative Officer, or her/his designate. 2.4.“Council” means the elected officials that make up the Council of the Municipality of the District of Chester. Information Access & Protection Policy P-90 (continued) Notice of Intention to Adopt –Committee of the Whole –2019/11/21 (2019-526)Page 3 of 6 First Notice –Council –2019/11/28 Second Notice –Council –2019/12/12 Effective – 2.5.“Disaster Recovery” protects the Municipality’s information assets from the negative consequences of cyberattacks, natural disasters,or device failures. This includes strategies to restore information systems and data needed for business continuity. 2.6.“Endpoint Protection”refers to applications,services,and systems used for securing individual workstations, tablets, cellphones,and copiers that connect to the Municipal network.This includes installing and managing specialized software such as antivirus, antispyware,firewall,and host intrusion protection systems. 2.7.“Information Technology Assets” are components of the Municipality’s systems and network infrastructure comprised of: 2.7.1.Computer Hardware: servers, personal computers, peripheral devices, and tablets. 2.7.2.System Software: operating systems, database management systems, backup and restore software. 2.7.3.Application Software: custom written software applications, and commercial off the shelf software packages used by departments within the Municipality. 2.7.4.Communications Hardware and Software: routers, switches, firewalls, private lines, desk phones, mobile devices, CCTV systems, and associated network management software and tools. 2.7.5.Physical Storage:offsite file storage lockers, onsite file rooms,and office file cabinets. 2.8.“Municipality” means the Municipality of the District of Chester. 3.POLICY STATEMENTS 3.1.All users of the Municipality’s system are obligated to protect information technology and data assets from unauthorized access, loss, damage,and destruction. 3.2.This policy ensures that the appropriate risk mitigation protocols and guidelines are developed, implemented,and maintained for: Information Access & Protection Policy P-90 (continued) Notice of Intention to Adopt –Committee of the Whole –2019/11/21 (2019-526)Page 4 of 6 First Notice –Council –2019/11/28 Second Notice –Council –2019/12/12 Effective – 3.2.1.Access control:Users present unique and untransferable credentials to access Municipal systems or information. 3.2.2.Data collection, use,and retention:Data is collected, used,and retained only when: required for operations. there is a duty to document; or mandated by enactment. 3.2.3.Data protection and loss prevention:Sensitive data is identified,monitored, and logged to prevent intrusion, leaks,or theft. 3.2.4.Disaster recovery and business continuity:Essential systems and data can be recovered to resume and continue operations following a natural, accidental,or malicious disruption in service. 3.2.5.Endpoint protection and security:Network devices are identified, monitored, and secured. 3.2.6.Information and privacy breach:Information security and privacy breach incidents are reported,investigated,and remediated. 3.2.7.User awareness and education:Users are aware of and practice secure work habits and are routinely trained to recognize and respond to cyberattacks. 3.2.8.Vulnerability discovery and remediation:Cyber risks are proactively assessed by identifying, classifying,and mitigating IT system threats and vulnerabilities. 4.GUIDING PRINCIPLES AND VALUES 4.1.The Municipality of the District of Chester is the custodian of extensive information holdings and relies on its information assets to provide effective service delivery, meet fiscal obligations,and ensure legal compliance.The Municipality is required to protect the confidentiality, integrity,and availability of the information assets in its care and must be fully accountable to the public by ensuring authorized access to information while preventing unauthorized collection, use,or disclosure. Information Access & Protection Policy P-90 (continued) Notice of Intention to Adopt –Committee of the Whole –2019/11/21 (2019-526)Page 5 of 6 First Notice –Council –2019/11/28 Second Notice –Council –2019/12/12 Effective – 4.2.Non-compliance with this policy could have a significant effect on the efficient operation of the Municipality and may result in financial loss, loss of reputation, and an inability to provide necessary services to our residents. 4.3.All internal protocols and guidelines will be authorized and approved by the CAO or designate as required. 5.RELATED DOCUMENTATION The following is related legislation, regulations, by-laws, resolutions, policies, and other documentation that support this policy. Document Name Document Type Municipal Government Act, Part XX Provincial Legislation Personal Information International Disclosure Protection Act Provincial Legislation Records Management Policy P-78 Municipal Policy Routine Access Policy P-70 Municipal Policy Surveillance Policy P-50 Municipal Policy 6.REVIEW REQUIREMENTS The Responsible Officer will lead a review of this policy at the direction of the CAO or Council.Any recommendations for amendments or repeal must also be authorized by Council. 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 2019 Policy created in 2019 Records Management & Quality Control Coordinator; Strategic Initiatives Coordinator; CAO Director of Information Services ## Information Access & Protection Policy P-90 (continued) Notice of Intention to Adopt –Committee of the Whole –2019/11/21 (2019-526)Page 6 of 6 First Notice –Council –2019/11/28 Second Notice –Council –2019/12/12 Effective – Annotation for Official Policy Book Reason for Adoption To protect information as an asset and to develop and implement all necessary protocols and guidelines for maintaining the availability, quality, confidentiality, and privacy of information under its custody and control Notice of Intention to Adopt Committee of the Whole November 21, 2019 Date of First Notice at Council November 28, 2019 Date of Second Notice at Council December 12, 2019 Effective Date I certify that this Policy was approved by Council as indicated above. ______________________________ Pamela M. Myra, Municipal Clerk Date 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) 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 nuisances 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 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 2/1th day of January,200'1; 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; 2.7. "General Waste" means rubbish, garbage, non -wooden material, packing, containers, bottles, cans, rags, clothing, petroleum products, manure or sewer; 15t Reading — Council — November 14, 2019 2nd Reading — Council — December 12, 2019 Date of Amendment Effective — OUTDOOR FIRE BY-LAW # 142 (CONTINUED) Page 3 of 7 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 appliance, 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: 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; 15t Reading — Council — November 14, 2019 2nd Reading — Council — December 12, 2019 Date of Amendment Effective — OUTDOOR FIRE BY-LAW # 142 (CONTINUED) Page 4 of 7 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 '1(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 roots 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. 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: 15t Reading — Council — November 14, 2019 2nd Reading — Council — December 12, 2019 Date of Amendment Effective — OUTDOOR FIRE BY-LAW # 142 (CONTINUED) Page 5 of 7 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 15t Reading — Council — November 14, 2019 2nd Reading — Council — December 12, 2019 Date of Amendment Effective — H1/211 09 t�-Q No ,G�� Main Si Tremont St MUNICIPALITY OF THE DISTRICT OF CHESTER Outdoor Fire By -Law Schedule B 1 - - By -Law Boundary Property Boundary Waterbody Road 1:27,000 KEY MAP peliry of of Kings 250 500 1,000 m Map Extent Remeeentat oleCherter Municipality within Nova Scotia SraI :1:1,000,000 �� District Council Grants 2019 - 2020 Updated December 5, 2019 District Requested Approved ri 1 Church Memorial Park: 50th Anniversary $ 1,000.00 Aspotogan Recreation Association: Outdoor Rink $ 1,000.00 Heritage Handwork: Facility Rental 8z Supplies $ 500.00 TOTAL FUNDS APPROVED $ - TOTAL FUNDS REMAINING $ 5,000.00 District 2 Dis 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 rict 3 r 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 Church Memorial Park: 50th Anniversary $ 500.00 $ 500.00 TOTAL FUNDS APPROVED $ 5,000.00 TOTAL FUNDS REMAINING $ - District 4 d District District 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 $ 1,000.00 TOTAL FUNDS APPROVED $ 4,000.00 TOTAL FUNDS REMAINING $ 1,000.00 — 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 $ - District 7 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 Church Memorial Park: 50th Anniversary $ 1,000.00 $ 1,000.00 TOTAL FUNDS APPROVED $ 5,000.00 TOTAL FUNDS REMAINING $ - Total Funds Approved $ 23,100.00 Total District Grant Budget $ 35,000.00 Remaining Funds $ 11,900.00 THE MUNll:111►I.i'1 e [11' CHESTER MUNICIPALITY OF THE DISTRICT OF CHESTER GRANT APPLICATION FORM District Council Grant Request Name of Organization: .•, — i ._ Ti, Contact Person: i f i Mailing Address: r•; i n- r _ "-' . 1 Email: i; R' . . - . :: Phone: „ `'- ;1' `f . . .. Name Signature Date J T� pr~..-- •r '.j Amount Requested: $ - ' L Municipal District # Please provide a brief description of your project or event: r Please provide a hrief description of how you plan to spend any Council Grant funding received: If funding is approved, who should the cheque be made payable to: Please forward applications to the following: Director of Recreation & Parks "District Council Grant" Municipality of the District of Chester PO Box 369 Chester, NS BOJ 110 Or chaughn@chester.ca pill-: U\[C'It 1.111'0 CHESTER MUNICIPALITY OF THE DISTRICT OF CHESTER GRANT APPLICATION FORM District Council Grant Request Name of Organization: Contact Person: Mailing Address Email: Name , 9SroG-/M/ , oAi is 2/,9Z70 X1.4 -.icy ft Phone: ■ Signature Date Amount Requested: $ e ° Please provide a brief description of your project or event: Municipal District # . Fes LQ,r3— /2.6 ■ Please provide a brief description of how you plan to spend any Council Grant funding received: 1% IC L 'fi e� If funding is approved, who should the cheque be made payable to:R?'Peri 4/ €CCR t777&/4/ 195soe.,/9774,v Please forward applications to the following: Director of Recreation & Parks "District Council Grant" Municipality of the District of Chester PO Box 369 Chester, NS BOj 110 Or chaughn@chester.ca TitTUE �II ICli';111I5'tu CHESTER 1ESTER MUNICIPALITY OF THE DISTRICT OF CHESTER GRANT APPLICATION FORM District Council Grant Request Name of Organization: Contact Person: 1 YL C/9IME- Mailing Address: Emai. e: ij&9,e 4/ Name Signature Date Amount Requested: $ St)a), Please provide a brief description of your project or event: Municipal District # P YJ /4/ /.A/ R6219-77 047 u ,ems/iV 6 AL/ 1 Q , r4- z.) 0 ,ic) 3}7-1 4lis &/7V 7Z) RN Y)/ '`6 ,foie ,' £• r 1 � C 6 1/1/ Please provide a brief description of how you plan to spend any Council Grant funding received: L 7PLi6S ' 'o(- -A47 2)i /N - Ezi9-7//VG-- 7 i4Joi.t ,PROY" If funding is approved, who should the cheque be made payable to: Please forward applications to the following: Director of Recreation & Parks "District Council Grant" Municipality of the District of Chester PO Box 369 Chester, NS BOJ IJO Or chaughn@chester.ca