Dangerous or Unsightly - Demolition Meeting Terry Brown, Manager of Inspection & Enforcement Division Demolition Meeting September 7th, 2021 ...
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Dangerous or Unsightly Demolition Meeting Terry Brown, Manager of Inspection & Enforcement Division Demolition Meeting September 7th, 2021
Dangerous or Unsightly Demolition Meeting
1091 Rafuse Road,
Waterville, Nova Scotia,
PID #55140123
File # 140046
2
Youth Centre
3
4
Primary Photos Upon Investigation.
November 2020
5
1091 Rafuse Road
6
North Side of Structure
7
North Side of Structure
8
West Side of Structure
9
West Side of Structure
10South Side of Structure
11Secondary Photos Taken, April 2021
12Do Not Occupy Order
13West side of Structure
14Crawl Space, West Side of
Structure
15Crawl Space, West Side of
Structure
16South West Corner of Structure
17Inside of Structure
18Bathroom of Structure
19Inside of West Addition
20File History
• File opened on December 8, 2014. By-law Enforcement
investigated and determined the property to be
Dangerous and Unsightly.
• An Order to Remedy was issued. After non-compliance,
the Order was executed by the Municipality and the
property was cleaned up.
• March, 2016 additional complaints received on the
condition of the property.
21File History-Continued
• Upon further investigation, the property was deemed
Dangerous and Unsightly. Owners provided a deadline
for compliance.
• April, 2016 an Order to Remedy was issued. After non-
compliance the Order was executed by the Municipality
and the property was cleaned up.
• April, 2016, concerns raised of unsafe living conditions.
As a result, a Fire and life safety inspection was
conducted on the structure.
22File History-Continued
• Upon inspection, a number of deficiencies were
identified. Items such as smoke alarms and adequate
egress/exiting were noted. Timeline was given for
compliance.
• Items were confirmed to be completed and structure
continued to be occupied by tenants.
23File History-Continued
• October, 2016, upon investigation of the structure
being vacated, a Do Not Occupy Order was issued and
posted upon the Structure.
24File History-Continued
• The structure was locked and secured by the
Municipality.
• File continued to be monitored by By-Law
Enforcement.
25File History-Continued
• November, 2020, complaint received that kids were
attending the property and entering the structure.
• Upon investigation, the structure was found to be
unsecured. Action was taken to re-secure the structure.
26File History-Continued
• February 17th, 2021, correspondence with the owner,
Mr. Donald Dominey. Mr. Dominey was served a letter
of enforcement which identified the concerns of the
Municipality.
• Enforcement letter provides thirty days to bring the
property into compliance.
27File History-Continued
• Enforcement letter also served upon the Mortgagee
(Computershare)
• April 7, 2021, By-Law Enforcement and Building Official
attended 1091 Rafuse Rd. for a follow-up assessment.
• A report from the Building Official identified concerns of
structural integrity. Items such as exterior walls, visual sags in
the floor and a collapsed basement entrance are of concern.
28File History-Continued
• During the site visit, Mr. Dominey also attended. Mr.
Dominey advised staff of a broken floor beam.
• The Building Official provided his opinion that the
dwelling is unsafe and beyond repair.
29File History-Continued
• As of September 7th, 2021, the structure remains in a
dangerous, unsightly and dilapidated state. Further, the
condition has worsened since 2017.
30Municipal Government Act
• Section 344 of the MGA states:
• “Every property in a municipality shall be maintained
so as not to be dangerous or unsightly.”
31Municipal Government Act
• Not less than seven (7) days notice shall be given to
the owner prior to Meeting.
Section 346 (2) MGA Part XV
• The owner shall be made aware of date, time and place
where the meeting will be held.
Section 346 (3) MGA Part XV
32Municipal Government Act
• August 3rd, 2021, a meeting letter was posted on the
structure. A copy of the letter was also served upon Mr.
Donald Dominey
Section 346(4) MGA Part XV
33Seven Day Notice Posted, August 3, 2021
34Seven Day Notice
35Municipal Government Act
• The Administrator makes a recommendation to
Council.
• The owner, if present, may speak at this time to
Council prior to Council making a final discussion.
• Council votes on the Administrator’s recommendation
for demolition.
36Recommended Motion
That Municipal Council HEREBY ORDERS that, within 30 days of the
date of this Order, Donald A Dominey and Beverly M Dominey shall;
A. Demolish the structure located at 1091 Rafuse Road, Waterville,
in the County of Kings, Province of Nova Scotia;
B. Remove all debris from the property and dispose of it according to
law; and
C. Completely fill in the site of the foundation so that it is level with
the surrounding grade of the land.
That failure to comply with this Order shall result in prosecution and
fines and/or the Municipality entering upon the property to effect
demolition, clean-up and all other required work as outlined above. All
costs of demolition and required work shall be a first lien against the
property.
37Terms of Reference for Joint Accessibility Advisory Committee Gordon Roussel, Policy Analyst / Accessibility Coordinator Municipal Council September 7, 2021
What are Terms of Reference ?
• Defines a committee’s purpose, mandate, goals and
objectives, and provides guidance and direction as to how a
committee is to operate.
• Required by:
• Municipal Policy ADMIN-01-016: Administration of Standing
and Advisory Committees of Council, and
• Inter-municipal Service Agreement between the Municipality and
the Villages to form a Joint Accessibility Advisory Committee.
• Must be approved by Municipal Council and the Village
Commissions. 2Establishment of Committee
• s. 60 of the MGA allows municipalities and villages to
execute an agreement between them to provide a
service.
Compliance with Policies, By-laws,
Provincial Statutes, and the Agreement
• Committee shall comply with all Provincial statutes,
by-laws and policies of the Municipality and the
Villages, and the Agreement.
3Mandate of the Committee
• Provide advice to Municipal Council and the Village
Commissions on identifying, preventing, and
eliminating barriers to people living with disabilities in
Municipal and Village programs, services, initiatives,
and facilities.
• Play a pivotal role in helping the Municipality and the
Villages become accessible communities and meet their
obligations under the Nova Scotia Accessibility Act.
4Goals and Objectives • Advise on the preparation, implementation, and effectiveness of its Accessibility Plan • Complete Accessibility Plan by April 1, 2022 • Review and update the Plan at least every three years, or whenever the Province approves the standards for one of the five focus areas • Consult with the community on accessibility • Advise Council and Villages on the impact of their policies, programs, and services on people living with disabilities 5
Goals and Objectives (continued)
• Identify and advise on how existing and proposed by-
laws, policies, facilities, and services impact those with
disabilities.
• Advise and make recommendations about strategies
designed to achieve the objectives of the Plan.
• When requested by the Municipality and the Villages,
review information and make recommendations.
• Assist in monitoring compliance with Federal and
Provincial government directives and regulations.
6Guiding Principles
• Ensuring equal access and participation for all people,
regardless of their abilities;
• Treating all people in a way that allows them to
maintain their dignity and independence;
• Meeting the needs of people who face accessibility
barriers; and
• Identifying, removing, and preventing these barriers by
meeting the requirements of the Act.
7Other Sections
• Membership Composition
• Appointments and Reappointments to the Committee
• Terms of Membership
• Reporting: Two-Way Communication
• Recommendations to Council & Village Commissions
• Advisory Role of the Committee
8Other Sections (continued)
• Procedural Matters
• Staff Support
• Meetings
• Approval of meeting schedule
• Meetings to be open to the public except when dealing with matters
specified under s. 22 of the MGA.
• Accommodation
• Roles and Responsibilities of Committee Members
• Review the meeting agenda and any accompanying materials
• Attend all Committee meetings and working groups
• Assist the Committee in achieving its mandate, goals and objectives.
9Other Sections (continued)
• Election and Roles and Responsibilities of Officers
• Quorum
• Review of Terms of Reference
• Every 3 years prior to the review of the Accessibility Plan, and
forward any proposed amendments to Municipal Council and the
Village Commissions for approval.
• Meeting Agendas
• Work Plan
10Other Sections (continued)
• Deadline for Agenda Circulation
• Record of Meetings
• Public Participation
• Committee Operating Budget
• By December 31, the Committee to recommend a budget for the
next fiscal year
• Working Groups
• Agreement to Enact a Joint Accessibility Advisory
Committee
11Recommendation
• At its meeting on July 28, 2021, the JAAC approved a
motion to recommend these proposed Terms of Reference
to Council and the Village Commissions
• Therefore, the following is being recommended to Council:
That Municipal Council approve the proposed
Terms of Reference for the Joint Accessibility
Advisory Committee as attached to the related
September 7, 2021 Request for Decision.
12Guarantee Resolution Valley Region Solid Waste-Resource Management Authority (VWRM) Mike Livingstone, CPA Manager of Financial Reporting Municipal Council September 7, 2021
Overview
• The VWRM 2021/22 Temporary Borrowing Resolution
(TBR) covers the following budgeted capital projects:
Capital Project Amount
4x4 Pick-Up Truck & Plow $ 55,000
Wheel Loader 285,000
Roll Off Containers 23,000
Utility Trailer 15,000
WMC Tipping Floor 189,750
EMC Tipping Floor 204,000
WMC Automated Scale House Window 19,000
EMC Sorting Building & Transfer Building (Design) 75,000
Scale Program Software 85,000
Total $ 950,750
Municipality's Share 74.56%
Guarantee Amount $ 708,879
2The Guarantee
• Guarantees from the six municipal parties is required
to accompany the VWRM TBR and is ultimately
required to secure debenture financing.
• MOK Portion: $708,879
• 74.56% pro-rata share of $950,750 total
3Financial Implications
• If VWRM were to default on their loans, the
Municipality would be responsible for it’s share.
• Guarantees are not currently included in Municipal
Indicators.
• There is no impact on the Municipality’s ability to
borrow on it’s own behalf.
4Reading of the
Guarantee Resolution
5Recommendation
That Municipal Council approve the Valley Region Solid
Waste-Resource Management Authority Guarantee
Resolution, as attached to the Request for Decision
dated September 7, 2021, in the amount of $708,879.
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