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HomeMy Public PortalAbout2021-08-12_Council_Website Agenda Package Page 1 of 2 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Thursday, August 12, 2021 Following Public Hearing to be held at 8:45 a.m. Via Facebook Live Office Location: 151 King Street, Chester, NS 1. MEETING CALLED TO ORDER 2. APPROVAL OF AGENDA/ORDER OF BUSINESS 3. PUBLIC INPUT SESSION (15 minutes) 4. MINUTES OF PREVIOUS MEETING 4.1 Council – July 22, 2021. 5. COMMITTEE REPORTS 6. PUBLIC PRESENTATIONS 7. MATTERS ARISING: 7.1 Village of Chester – Area Rates: a. Request for Decision prepared July 8, 2021 – Financial & Information Services – Village of Chester Area Rate, Outside Fire Rate, and Fire Boat. b. Village of Chester 2021-2022 Rates. c. Village of Chester 2021-2022 Budget. 7.2 Equity, Diversity, and Inclusion Action Plan: a. Request for Decision prepared July 23, 2021 – Corporate and Strategic Management – Equity, Diversity, and Inclusion Advisory Committee. b. Equity, Diversity, and Inclusion Committee Chart. c. Equity, Diversity, and Inclusion Committee Draft Terms of Reference. 7.3 Outdoor Burning By-Law: a. Request for Decision – Corporate and Strategic Management – Outdoor Burning By- Law No. 142 (to follow). b. Draft 7 of Outdoor Burning By-Law Page 2 of 2 8. CORRESPONDENCE 8.1 Thank you letter from Society of St. Vincent de Paul for grant. 8.2 Correspondence dated August 5 from NS Environment & Climate Change to AMA President regarding the Coastal Protection Act Regulations consultation period. 9. NEW BUSINESS 9.1 Development at 122 Queen Street, Chester: a. Request for Decision prepared August 3, 2021 – Community Development – Request for ten residential dwelling units at 122 Queen Street, Chester. 9.2 District Council Grant Requests: a. Listing of District Grants. b. District 4 - Chester Basin Community – Banners for Veterans - $4,000.00. c. District 5 – Western Shore & District Fire Dept – Western Shore Days - $2,000.00. d. District 6 - New Ross Farmers Association – Fair Grounds Projects - $1,500.00. 9.3 Designated Community Fund - Request for Funds - Royal Canadian Legion Branch 88: a. Request for Decision prepared July 29, 2021 – Community Development and Recreation – Designated Community Fund Request – Royal Canadian Legion Branch 88 in the amount of $3,879.33 b. Correspondence dated November 4, 2020, from Royal Canadian Legion Branch 88 requesting formation of Designated Community Fund for Legion. c. Correspondence dated July 20, 2021, from Royal Canadian Legion Branch 88 requesting funds in the Designated Community Fund. 9.4 Request for setup of Mobile Speed Trailer at Ten Beaches location, Hubbards –Councillor Barkhouse/Deputy Warden Shatford. 9.5 Information Report prepared July 23, 2021 – Corporate and Strategic Management – Economic Development Sponsorship – Christmas Tree Council of Nova Scotia 2022 Summer Meeting. 9.6 Cell Service Discussion – Councillor Veinotte (copy of letters to Bell and Eastlink as background information). 10. IN CAMERA 10.1 Section 22(2)(e) of the Municipal Government Act – Contract Negotiations – Village of Chester. 11. ADJOURNMENT APPOINTMENT 10:00 a.m. Raising of the Pride Flag. 259 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of COUNCIL MEETING 151 King Street, Chester / Facebook Live, NS On Thursday, July 22, 2021 MEETING CALLED TO ORDER Warden Webber called the virtual meeting to order at 8:46 a.m. Present: District 1 – Councillor Veinotte District 2 – Deputy Warden Shatford District 3 – Councillor Barkhouse District 4 – Warden Webber District 5 – Councillor Assaff District 6 – Councillor Connors District 7 – Councillor Church Staff: Dan McDougall, CAO Tara Maguire, Deputy CAO Pamela Myra, Municipal Clerk Jennifer Webber, Communications Officer Emily Lennox, Executive Secretary Chad Haughn, Director of Community Development and Recreation Tim Topping, Director of Financial and Information Services Solicitor: Samuel Lamey, Municipal Solicitor APPROVAL OF AGENDA/ORDER OF BUSINESS Addition:  9.3 Bluenose Mobile Exhibit.  9.4 Emancipation Proclamation.  9.5 Invitation to Ross Farm Museum 50th+1 Event. 2021-294 MOVED by Councillor Church, SECONDED by Councillor Assaff the agenda and order of business for the July 22, 2021, Council meeting be approved as amended. ALL IN FAVOUR. MOTION CARRIED. The CAO introduced Emily Lennox, Executive Secretary who started with the Municipality this week. Council (continued) July 22, 2021 260 PUBLIC INPUT SESSION There was no public input. MINUTES OF PREVIOUS MEETINGS 4.1 Council – July 15, 2021. 2021-295 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford the minutes of the July 15, 2021, Council meeting be approved as circulated. ALL IN FAVOUR. MOTION CARRIED. COMMITTEE REPORTS There were no Committee Reports. PUBLIC PRESENTATIONS There were no public presentations. MATTERS ARISING 7.1 Request for Decision prepared July 13, 2021 – Financial and Information Services – Department of Municipal Affairs Municipal Innovation Program Grant for an IT Partnership. Cliff Gall, Director of Information Services, joined the meeting via Zoom to review the Request for Decision and the application for up to 50% of the first year’s salary noting that for the application to be successful a motion is required from each Municipality to move forward with the hiring process. 2021-296 MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff that Council approve the submission of a co-application with the Town of Lunenburg to the Department of Municipal Affairs Municipal Innovation Program (MIP). The MIP submission is for an Information Technology Service Project for a total project cost of $67,00, $33,500 required from the MIP and the remaining $33,500 cost shared between the two municipalities as 60% for the Municipality of Chester (or $20,100) and 40% for the Town of Lunenburg (or $13,400). ALL IN FAVOUR. MOTION CARRIED. Council (continued) July 22, 2021 261 7.2 Request for Decision prepared July 5, 2021 – Community Development and Recreation – Borgels/Borgalds Placename Spelling. 2021-297 MOVED by Councillor Barkhouse, SECONDED by Councillor Church that Council support the proposed spelling change for several features from Borgels to Borgald’s and direct staff to provide the confirmation to the appropriate departments and agencies. ALL IN FAVOUR. MOTION CARRIED. 7.3 Request for Decision prepared July 6, 3032 – Community Development and Recreation – New Road Name Assignment – Fox Hill Lane (Marriott’s Cove). 2021-298 MOVED by Councillor Church, SECONDED by Councillor Assaff that Council approve the road name of Fox Hill Lane off Marriott’s Cove Road East in Marriott’s Cove and direct staff to provide the confirmation to the appropriate department and agencies. ALL IN FAVOUR. MOTION CARRIED. 7.4 Request for Decision prepared June 28, 2021 – Community Development and Recreation – Uniform Signage. Emily Statton, Planner was present to review the RFD and the history of the project to date. If Council agreed with the by-law as presented, then First Reading could be conducted today. The process was reviewed, and it was noted that they by-law also required provincial approval. 2021-299 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that Council conduct First Reading of the Uniform Advertising Signage By-Law #152 and following the appropriate advertisement requirements refer it to Second Reading. IN FAVOUR. MOTION CARRIED. 7.5 Request for Decision prepared July 13, 2021 – Community Development and Recreation – By-Law Enforcement Staffing. Chad Haughn, Director of Community Development and Recreation reviewed the report prepared July 14, 2021, regarding recommended changes around staffing for by-law enforcement. He did not feel that the Municipality would be successful recruiting a position that was responsible for fire inspection, building inspection, or by-law enforcement. The recommendation is to separate by-law enforcement and, based on the number of files open, it was not considered a full time position – it was felt that three days per week would be sufficient to handle the cases. They would like to fill the position quickly. Council (continued) July 22, 2021 262 A discussion was held regarding the hiring of a fulltime building/fire inspector and this Municipality is partnering with the Municipality of the District of Lunenburg in the recruitment process. It is a very tight market for qualified building inspectors. Staff will be providing a model on what that would look like to Council. It was agreed that, although a 3-day per week position, the hours could be flexible to address things that must be addressed in a timely manner. At this time, we have the ability for other staff to do follow-up and acknowledge a complaint and have conversations on how that would work. It was noted that due to a lack trained professionals in this area, discussions have been held and correspondence sent to the province and the Nova Scotia Building Officials Association (NSBOA). It was also noted that there is a challenge for certified inspectors in other jurisdictions to be qualified in Nova Scotia. 2021-300 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that Council approve the creation of a new part-time By-Law Enforcement position as outlined in the report prepared July 14, 2021 “By-Law Enforcement Staffing”. ALL IN FAVOUR. MOTION CARRIED. 7.6 Request for Decision prepared June 9, 2021 – Infrastructure and Operations – Leachate Treatment Plant Upgrade at Kaizer Meadow – Phase 2. Christa Rafuse, Director of Infrastructure and Operations was present to review the Request for Decision prepared June 9th regarding the Leachate Treatment Plant Upgrade. She outlined the two phases, noting that at this point staff is looking for approval for the design of the Phase II Leachate Treatment System upgrades at an estimated cost of $40,000. Clarification on the intent of the project was provided, which was to be able to contain additional volume of leachate and meet the provincial guidelines. Presently there is no storage left and we are required to treat the leachate – it is a volume capacity treatment. It was also indicated that the Valley Waste Partners agree with the project. An alternative would be to truck offsite for disposal; however, the estimated costs are in the millions of dollars per year. The options were provided in a summary table within the Request for Decision. The design will be for a lagoon and aerators. Council (continued) July 22, 2021 263 2021-301 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford that Council approve the design of Phase II Leachate Treatment System upgrades to CBCL at an estimated cost of $40,000. DISCUSSION: Councillor Veinotte asked how long it would take for the design work to be completed and it was noted it would take a couple of months. ALL IN FAVOUR. MOTION CARRIED. CORRESPONDENCE 8.1 Correspondence dated July 13, 2021, from Chester Golf Club regarding discussion of membership and boundaries. Councillor Church voiced her disappointment. There was discussion on the reason for the request for the Golf Club to reconsider their by-law to not allow anyone outside their membership boundary to join. Some residents feel that anyone within the Municipality should be able to join since the Club receives a tax break through the By-Law No. 74 Tax Exemption By-Law for Charitable, Non-Profit Organizations, Municipal Water Utilities and Licensed Day Cares. The CAO indicated that it is the intent of staff to review the by-law within this current fiscal year to ensure it is accurate and up to date and that groups receiving relief should be in the by-law. It was suggested that Council should consider that any groups being offered a benefit should offer a full range of services to the entire Municipality. It was also noted that the benefits to the Municipality should also be considered, i.e., the economy, recreation, and tourism. Staff will be carrying out the administrative role and the policy will be debated by Council and what they want to achieve – impacts to recreation, the economy, and tourism. 8.2 Email from Kerry Dorey requesting the Municipality waive the tipping fees for debris resulting in the house fire of her parents’ property at Shingle Mill Road (in MODL). The CAO indicated that he had previously sent an email to Council regarding the circumstances of the house fire and the debris delivered to Kaizer Meadow Landfill. The owners of the home are requesting that Council consider waiving the tip fee. He did contact the Municipality of the District of Lunenburg and they do not have a practice or policy to waive tip fees. Council (continued) July 22, 2021 264 There was discussion regarding MODC residents receiving a break on tip fees for similar circumstances but there is no break for residents from other municipalities. It was noted that the tip fee charged was half of the normal price. Following discussion, Council felt that it was not the normal practice to give tax breaks to residents of other municipalities. It was suggested assistance to the homeowner from the Municipality of the District of Lunenburg would go a long way. However, because the homeowners are not residents of the Municipality of Chester, we can’t provide the tip fee break and ask them to consider addressing it with their resident. Staff will forward a letter to the Municipality of the District of Lunenburg. 2021-302 MOVED by Deputy Warden Shatford, SECONDED by Councillor Connors that Council deny the request to waive landfill tip fees for debris created from the burning of a house based on the fact that the neither the property nor the owner are located within the Municipality of Chester; they are located in the Municipality of the District of Lunenburg. FIVE IN FAVOUR. TWO OPPOSED. MOTION CARRIED. NEW BUSINESS 9.1 District Council Grant Requests: a. New Ross Community Care - $1,000. 2021-303 MOVED by Councillor Church, SECONDED by Councillor Barkhouse that Council approve a District Council Grant of $1,000 to New Ross Community Care. ALL IN FAVOUR. MOTION CARRIED. 9.2 Request for Direction prepared July 20, 2021 – Corporate and Strategic Management – Dry Wells: Response Planning 2021. Bruce Blackwood, Fire Services Coordinator indicated that staff have started monitoring dry wells beginning July 1. As of July 20, 2021, there have been six reports of dry wells (five in the Western Shore/Martins River area and one in the Village). He noted that EMO precipitation forecast has been extended to early August and it is suggesting a drier than normal period. Currently, we are only 25% below the long term average whereas last year we were 75% below the long term average. There are alternatives within the Request for Decision, and he recommended moving forward with a water distribution program if the trigger point of 30 wells Council (continued) July 22, 2021 265 that are either dry or of low quality. EMO has been advised of our monitoring and staff are also working on a long term strategy. It was asked that the information be placed in the newsletter along with the well lending program available to residents. There was concern that some residents will continue to be dependent on the program rather than address their well issues. It was noted that residents can call (902) 275-3554 to report their well or complete the on-line registration at https://chester.ca/water-sewer/water-distribution-program . It was agreed to bring an update back to Council on August 12, 2021. 9.3 Bluenose Mobile Exhibit. The CAO indicated that staff have received a request from a not-for profit society to park their traveling trailer on Parade Square Road when the Bluenose is in port on July 31/August 1 and on August 10 and 11 which is aligned with Race Week. They have requested to close the street which the Director of Infrastructure and Operations has the authority to do. They will be open no later than 7:00 p.m. in the evening. He indicated that he would be forwarding a link to a YouTube video and staff will provide the vendors permit. 9.4 Emancipation Day Proclamation – CAO. The CAO indicated that late yesterday staff had received information from the Province asking all Municipalities to consider proclaiming Emancipation Day on August 1 a date recognizing the abolition of slavery in the British Empire. 2021-304 MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff that Council proclaim August 1, 2021, as Emancipation Day, recognizing the anniversary date of the abolition of slavery in the British Empire, in Nova Scotia. ALL IN FAVOUR. MOTION CARRIED. 9.5 Invitation from Ross Farm – Councillor Connors. Warden Webber read the invitation to Council to celebrate 50th +1 Anniversary of Ross Farm Museum being held on September 1 at 1:00 pm. An RSVP was requested. Councillors were asked to advise the clerk if they will be attending the event so that the Ross Farm Museum can be advised. Council (continued) July 22, 2021 266 9.6 Provincial Property Tax Rebate Forms – Councillor Assaff. Councillor Assaff received an email from a resident regarding the timeline of receiving the provincial property tax rebate forms. The resident asked if a letter could be forwarded to the appropriate department asking that the rebates be forwarded to seniors earlier so that they can use that rebate for the payment of their interim bill. It was agreed to send a copy of the email and concern to the NSFM with a copy to the Minister. 2021-305 MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff that Council direct staff to forward correspondence to the province requesting consideration of sending out the provincial rebate form to seniors earlier in the year. ALL IN FAVOUR. MOTION CARRIED. IN CAMERA There were no In Camera items for discussion. ADJOURNMENT 2021-306 MOVED by Councillor Barkhouse, SECONDED by Councillor Church the meeting adjourn. (9:53 a.m.) ___________________________ ___________________________ Allen Webber Pamela Myra Warden Municipal Clerk REQUEST FOR DIRECTION/DECISION Prepared By: Tim Topping, Director of Financial and Information Services Date July 8, 2021 Reviewed By: Date Authorized By: Tara Maguire, Deputy CAO Date August 5, 20201 CURRENT SITUATION MODC has received from the Chester Village Commission their 2021/22 Operating and Capital Budget as approved by the Village Commission on June 29, 2021. MODC Council is required to set the Village Commission rate, the Outside Fire rate, and the Outside Fire Boat rate RECOMMENDATION That Municipal Council confirm the Village Commission area rate at 15.17 cents per $100 of assessment for the purposes of tax collection. That Municipal Council set the Village of Chester outside area fire rate at 7.40 cents per $100 of assessment. And That Municipal Council set the fire boat area rate at 7.40 cents per $100 of assessment BACKGROUND Village Commission rate Per Section 441 of the Municipal Government Act (MGA) a Village Commission may delegate, with consent of the municipal council, its powers of tax collection. Clause 5 of Section 441(MGA) states that in such instances the Municipality is to collect the amount to be levied in the same manner as if the amount were an area rate. Outside Fire Rate Per Clause 2(a) of the Fire Contract with the Village of Chester, the Municipality is to pay to the Village Commission the amount required for fire protection to the outside area, through the establishment of an area rate. The area rate shall be calculated by dividing the operating budget by the outside and village area assessment. Clause 2(B) states that the area rate established for the outside area shall not be greater than the area rate established for the Village. As per Clause 2(c) of the Fire Contract the Municipality may agree to fund capital, and the rate shall be calculated in the same manner as the operating rate. REPORT TO: Municipal Council SUBMITTED BY: Finance Department DATE: August 12, 2021 SUBJECT: Village of Chester – Village Area Rate, Outside Fire Rate and Fire Boat ORIGIN: Chester Village Commission 2 Request For Direction/Decision /Direction On June 29, 2021, the Village Commission approved the 2021/22 Operating and Capital Budget. The Fire Rate established for both the Village and Outside Area is $0.074 per $100 of assessment (7.40 cents/$100) and includes capital. The Village Commission Budget includes capital for the Fire Department in the amount of $65,450 and transfers to capital reserves of $200,938.47 for total fire department capital budget of $266,388.47. MODC is being asked to approve this as part of the Fire Rate. Fire Boat Rate The 2021/22 budget includes an amount of $9,650 for the fire boat. The islands’ assessment for 2021/22 is $13,519,200. This rate is separate from the outside fire rate and is specifically applied to all islands in Mahone Bay in MODC. The island assessments do not get charged the outside fire rate of $0.074. This rate is not included in the agreement with the Village of Chester to provide fire protection to outside areas in Districts 1, 3 and 7, as the fire boat rate and fire protection is also applied to islands in districts 4 and 5. Also, it does not follow clause 2(b) of the agreement that states the area rate established for the outside area shall not be greater than the area rate established for the Village as, in the past, the fire boat rate has been greater than the area rate. DISCUSSION Village Commission rate The Village Commission Rate is to be established as an Area Rate as per the Municipal Government Act (Section 441) Outside Fire Rate The Fire Rate requested by the Village Commission meets the requirements specified in the Fire Contract between MODC and the Village Commission. MODC is being asked to fund capital within the budget approved. The Fire Rate proposed is 7.40 cents. This is the same as for the 2020/21 fiscal year. In the 2017/18 fiscal year, MODC Council approved an outside fire rate of 6.48 cents. In 2015/16 the same rate of 6.48 enabled the establishment of reserves to fund capital. This was done to lessen the impact in any one year when MODC is asked to fund Fire Fighting Equipment which is exclusive to fire protection in the outside area. The fire reserve balance is $89,280. This could be used to reduce the recommended rate of 7.4 cents. Fire Boat Rate Although, the fire boat not specifically included in the agreement with the Village of Chester, it has been the practice to charge this rate and forward the funds to the Village to fund this protection. Based upon Boat Committee minutes it had been agreed to apply a rate to all island within Mahone Bay in MODC to fund this service. The assessment of the islands is $13,519,200, therefore the budget of $10,004.21 requires a rate of 7.40 cents per $100 of assessment. 3 Request For Direction/Decision /Direction The Fire Rate proposed is 7.4 cents. This is up from the 7.3 cents set in the 2020/21 fiscal year. The budget of $10,004.21 is an increase of $504.21 over 2020/21. IMPLICATIONS Policy – N/A Financial/Budgetary MODC is required to make payment for fire protection services on a semi-annual basis (July and December). MODC has collected fire payments for the outside area on the interim tax bills based upon the 2020/21 rate. The final tax bill will be adjusted to account for the new rate (2021/22). Environmental – N/A Strategic Plan – N/A Work Program Implications – N/A OPTIONS Two options for the outside fire rate: 1. Approve the rate of 7.40 cents per $100 of assessment as noted in the Village’s budget. 2. Utilize a portion or all the reserve created in 16-17 and approve a lower rate. ATTACHMENTS - VOC Budget 2021-22 – June 29, 2021 - Village 2021-2022 Tax Rates COMMUNICATIONS (INTERNAL/EXTERNAL) Internal – n/a External- The Area Rates (Village Commission and Fire Rate) will be published on MODC’s website. Village of Chester 2021-2022 Rates 2019/20 2020/21 2021/22 Fire Operations Outside 0.0460 $182,491.25 0.0460 $187,228.65 0.0460 $190,516.59 Fire Operations Village 0.0460 $171,345.12 0.0460 $175,040.35 0.0460 $178,538.88 $353,836.37 $362,269.00 $369,055.47 Fire Capital Outside Fire Capital Village 0.0280 $111,081.63 0.0280 $113,965.27 0.0280 $115,966.62 0.0280 $104,297.03 0.0280 $106,546.30 0.0280 $108,675.84 $215,378.66 $220,511.57 $224,642.46 Fire Total Outside 0.0740 $293,572.88 0.0740 $301,193.92 0.0740 $306,483.21 Fire Total Village 0.0740 $275,642.15 0.0740 $281,586.65 0.0740 $287,214.72 $569,215.03 $582,780.57 $593,697.93 General Government 0.0777 $289,424.64 0.0777 $295,665.99 0.0777 $301,575.46 0.1517 $858,639.67 0.1517 $878,446.56 0.1517 $895,273.39 NOTES: Fire Boat The cost for the fire boat and its equipment is not taxed to the Village of Chester rate payers nor to the rate payers in the outside service area. The boat is paid for by the rate payers of the islands 2021/22 - $10,004.21 Assessment = $13,519,200 / 100 = $135,192 X 0.074 = $10,004.21 Actual expenses $8,149.53 Village of Chester Budget 2021-2022 as of June 29, 2021 Budget Actual Budget 20/21 20/21 21/22 Revenue 4100 Taxation 878,447.00$ 883,346.64$ 895,273.00$ 4110 Rental Income - EMC 23,000.00$ 24,142.32$ 20,993.00$ 4116 Rental Income - Eastlnk 2,300.00$ 2,479.40$ 2,156.00$ Tax Exemptions 2,026.55-$ 2,026.55-$ 4170 Transfer from Reserves Building Operating Lido 41,480.00$ $45,000.00$ 4201 HST Offset 3,500.00$ 4,148.00$ 4,000.00$ 4220 Extraordinary Revenue 7,266.15$ -$ 4225 Transfer from Other Governments 2,719.00$ (Gov of Canada - Lifeguard) 4600 MODC Fireboat 9,500.00$ 9,493.82$ 10,000.00$ TOTAL 958,227.00$ 928,849.78$ 978,114.45$ Approved : June 29, 2021 Motion # 21- 078 Page 1 Village of Chester Budget 2021/2022 Budget Actual Budget 20/21 20/21 21/22 Expenditures Commissioners 5450 Annual Public Meeting 100.00$ 207.25$ 300.00$ 5477 Honorariums 5,200.00$ 5,200.00$ 5,200.00$ 5496 Election Expense 300.00$ 1,551.30$ 1,200.00$ SUB-TOTAL 5,600.00$ 6,958.55$ 6,700.00$ Administration 5250 Office Rent 10,000.00$ 8,519.34$ 9,000.00$ 5435 Audit 5,000.00$ 3,910.72$ 5,000.00$ 5440 Wages & Benefits 60,000.00$ 72,615.92$ 65,000.00$ 5445 Office Supplies & Expenses 2,500.00$ 2,000.00$ 2,000.00$ 5455 Advertising/Promotion 2,500.00$ 557.37$ 2,000.00$ 5460 Memberships and Dues 1,500.00$ 2,598.52$ 1,500.00$ 5465 Travel and Training 4,000.00$ 906.88$ 500.00$ 5470 Bank Charges 500.00$ 261.20$ 300.00$ 5472 Consultants - Other 7,000.00$ 51,807.26$ 5,000.00$ 5475 Legal 4,000.00$ 2,016.28$ 3,000.00$ 5476 Medical Insurance 8,000.00$ 6,598.69$ 7,000.00$ 5480 Office Phone and Internet 2,000.00$ 1,761.88$ 2,000.00$ 5481 IT Support and Website 8,000.00$ 4,518.83$ 6,000.00$ 5490 Insurance 12,000.00$ 12,900.01$ 13,000.00$ 5495 Office Equipment & Programs 2,300.00$ 4,916.20$ 2,000.00$ Sub-Total 129,300.00$ 175,889.10$ 123,300.00$ Lido Pool 5910 Maintenance and Operations 15,000.00$ 14,956.71$ 15,000.00$ 5915 Lido Repairs 5,000.00$ 75,722.03$ 5,000.00$ 5925 Insurance 3,500.00$ 3,300.00$ 3,500.00$ 5935 Life Guard Wages 20,000.00$ 11,928.23$ 20,000.00$ 5940 Supervisor/Security 1,200.00$ -$ -$ 5945 Taxes 900.00$ 973.67$ 1,000.00$ Sub-total 45,600.00$ 106,880.64$ 44,500.00$ Page 2 Village of Chester Budget 2021-2022 Budget Actual Budget 20/21 20/21 21/22 Beautification/Events 5565 Flower/Baskets 20,000.00$ 19,973.63$ 20,000.00$ 5570 Wreaths 4,000.00$ 4,287.51$ 4,200.00$ 5582 Celebrations 10,000.00$ 758.37$ 10,000.00$ Sub-Total 34,000.00$ 25,019.51$ 34,200.00$ Operations 5575 Compost Collections 18,000.00$ 20,809.41$ 21,000.00$ 5585 Property Maintenance 2,500.00$ 3,654.15$ 3,500.00$ 5960 Washrooms 15,000.00$ 8,844.60$ 15,000.00$ Sub-Total 35,500.00$ 33,308.16$ 39,500.00$ Jib Lot 5405 Jib Lot Maintenance 1,200.00$ 957.10$ 1,000.00$ 5410 Land Taxes 500.00$ 482.18$ 500.00$ 5415 Water Lot Taxes 110.00$ 107.49$ 110.00$ Sub-Total 1,810.00$ 1,546.77$ 1,610.00$ Protection 5501 Street Lights 9,000.00$ 7,298.15$ 9,000.00$ 5526 Repair & Maintenance 1,000.00$ 1,092.38$ 1,000.00$ 5540 Crossing Guard - Wages 12,500.00$ 6,544.79$ 11,000.00$ Sub-Total 22,500.00$ 14,935.32$ 21,000.00$ (1) General Government Total 274,310.00$ 364,538.05$ 270,810.00$ Page 3 Village of Chester Budget 2021-2022 Budget Actual Budget 20/21 20/21 21/22 Emergency Services (EMC) 5705 Maintenance & Repairs 1,500.00$ 2,705.98$ 3,500.00$ 5707 Site Remediation (Knotweed)5,000.00$ 4,194.89$ 1,500.00$ 5710 Insurance 1,000.00$ 1,000.00$ 1,000.00$ 5715 Taxes 4,500.00$ 4,343.63$ 4,500.00$ 12,000.00$ 12,244.50$ 10,500.00$ Fire Services Commission/Administration 5210 Wages & Benefits 60,000.00$ 72,615.92$ 65,000.00$ 5250 Office Rent 10,000.00$ 8,519.34$ 9,000.00$ 5435 Audit 5,000.00$ 3,910.72$ 5,000.00$ 5445 Office Supplies & Expenses 2,500.00$ 2,000.00$ 2,000.00$ 5475 Legal 3,500.00$ 3,000.00$ 3,000.00$ 5477 Commissioners Honorarium 5,200.00$ 5,200.00$ 5,200.00$ 5495 Office Equipment 2,200.00$ 2,200.00$ 2,200.00$ Sub-Total 88,400.00$ 97,445.98$ 91,400.00$ Firefighting Force 5115 Firefighters Honorarium 50,000.00$ 50,000.00$ 50,000.00$ 5116 In Lieu of Fundraising 15,000.00$ 15,000.00$ 15,000.00$ 5154 Uniforms 6,000.00$ 5,717.35$ 6,000.00$ 5167 24 Hour Accident Insurance 8,000.00$ 7,989.00$ 8,000.00$ 5172 24 Hour Family Insurance 6,000.00$ 5,627.00$ 6,000.00$ 5174 Firefighters Banquet 5,000.00$ -$ 5,000.00$ Sub-Total 90,000.00$ 84,333.35$ 90,000.00$ (2) Emergency Services (EMC) Total Page 4 Village of Chester Budget 2021-2022 Budget Actual Budget 20/21 20/21 21/22 Training & Education 5120 Training 20,000.00$ 11,375.66$ 20,000.00$ 5150 Fire Prevention & Education 2,000.00$ 1,823.38$ 2,000.00$ 5156 Chief's Convention 2,500.00$ 210.00$ 250.00$ 5485 Bursary 1,500.00$ 1,500.00$ 1,500.00$ Sub-Total 26,000.00$ 14,909.04$ 23,750.00$ Fire Fighting Equipment 5040 Medical Supplies 250.00$ 97.61$ 750.00$ 5075 Tools & Equipment 3,700.00$ 3,967.11$ 3,000.00$ 5145 Fall Arrest/ Stabilization Upgrade 2,000.00$ 1,340.55$ 2,000.00$ 5160 Hoses (2)5,000.00$ 7,784.92$ 3,000.00$ 5162 Flashlights/Batteries 1,000.00$ 771.60$ 1,000.00$ 5315 Vehicle Fuel 4,000.00$ 2,540.83$ 4,000.00$ 5320 Vehicle Insurance 7,000.00$ 6,939.00$ 7,500.00$ 5626 Inshore Boat Equipment 500.00$ 944.62$ 500.00$ 5090 SCBA Masks -$ -$ 2,500.00$ Jaws Service 1,500.00$ Sub-Total 23,450.00$ 24,386.24$ 25,750.00$ Personal Protective Equipment 5030 Flash Hoods 1,500.00$ 1,360.17$ 500.00$ 5050 Gloves - Fire 1,500.00$ 1,847.72$ 1,500.00$ 5053 Gloves - Extrication 500.00$ 431.74$ 500.00$ 5055 Boots (5)4,000.00$ 1,409.56$ 3,500.00$ 5059 Wildland Coveralls(5)2,000.00$ 2,475.40$ 2,000.00$ 5060 Helmets (5)3,000.00$ 4,125.08$ 1,500.00$ 5130 Bunker Gear (5)20,000.00$ 14,656.04$ 20,000.00$ Sub-Total 32,500.00$ 26,305.71$ 29,500.00$ Page 5 Village of Chester Budget 2021-2022 Budget Actual Budget 20/21 20/21 21/22 Communication 5095 Communications Contract 5,000.00$ 4,325.54$ 5,000.00$ 5100 Communications General Repair 500.00$ -$ 500.00$ 5105 Pagers 4,000.00$ 3,976.70$ 4,000.00$ 5110 Communications (Radio) Upgrades 5,000.00$ 5,891.87$ 5,000.00$ 5164 Mobile Radio Service Plan 400.00$ 793.30$ 1,500.00$ 5166 Portable Mobile Radios 5,000.00$ 3,476.88$ 4,000.00$ Sub-Total 19,900.00$ 18,464.29$ 20,000.00$ Maintenance 5005 Apparatus Pump Test 2,500.00$ 1,564.29$ 2,500.00$ 5088 Small Engine Maintenance 2,500.00$ 912.78$ 1,500.00$ 5126 Extinguishers 500.00$ -$ 500.00$ 5125 SCBA Fill Station Maintenance 5,000.00$ 5,487.70$ 7,500.00$ 5135 Bunker Gear Inspection & Repair 2,000.00$ 2,923.05$ 3,000.00$ 5138 Ladder/Harness Inspection 700.00$ 3,114.80$ 700.00$ 5310 Vehicle Repair & Maintenance 25,000.00$ 18,463.26$ 25,000.00$ 5017 Jaws of Life -$ Sub-Total 38,200.00$ 32,465.88$ 40,700.00$ Fire Boat #571 5605 Fire Boat Fuel & Oil 500.00$ 754.66$ 750.00$ 5615 Fire Boat Consumable Items 500.00$ 135.32$ 500.00$ 5617 Fire Boat Hose & Nozzles 1,100.00$ 1,087.70$ -$ 5620 Fire Boat Maintenance 4,000.00$ 2,911.60$ 4,000.00$ 5625 Fire Boat #571 Insurance 1,900.00$ 1,900.00$ 1,900.00$ 5627 Marina Fees 1,500.00$ 1,360.25$ 1,500.00$ NEW Rescue Recovery Board 1,000.00$ Sub-Total 9,500.00$ 8,149.53$ 9,650.00$ Page 6 Village of Chester Budget 2021-2022 Budget Actual Budget 20/21 20/21 21/22 Building & General 5205 Telephone & Alarm 9,000.00$ 6,828.37$ 9,000.00$ 5220 Building Utilities 14,500.00$ 14,419.66$ 14,500.00$ 5224 Waste Removal 3,000.00$ 4,288.96$ 3,000.00$ 5229 Janitoral 5,000.00$ 4,078.64$ 5,000.00$ 5230 Maintenance (10)15,000.00$ 6,486.48$ 10,000.00$ 5235 Insurance (Building)6,000.00$ 6,318.00$ 6,000.00$ 5240 Consumables 4,000.00$ 1,809.06$ 4,000.00$ 5445 Office Supplies & Expenses 500.00$ 500.00$ 500.00$ Sub-Total 57,000.00$ 44,729.17$ 52,000.00$ (3) Fire Services Total 384,950.00$ 351,189.19$ 382,750.00$ Total Operating Expenses 671,260.00$ 727,971.74$ 664,060.00$ Page 7 Village of Chester Budget 2021-2022 Budget Actual Budget 20/21 20/21 21/22 2021/22 CAPITAL BUDGET Fire Purchases From Operating 5045 Defibrilator 2,500.00$ 2,505.28$ 2,500.00$ 5185 eDraulic Combi Tool 21,000.00$ 19,280.23$ 5090 SCBA Breathing Apparatus 50,000.00$ 70,000.00$ 52,000.00$ 5146 Stabilization Equipment 6,500.00$ 4,830.00$ 5,000.00$ 5087 Circular Saw 3,900.00$ 3,533.24$ 5080 Gas Detection Device 1,587.00$ 6,193.63$ UPS Powersupply 1,200.00$ Wildfire Hose Pack 2,500.00$ Thermal Camera Battery 2,250.00$ All Terrain Rescue Unit -$ ATRRU Transport Unit -$ ATRRU Closed Trailer Unit -$ Sub-Total 85,487.00$ 106,342.38$ 65,450.00$ Lido Repairs from Reserves 5915 Lido Pool Repairs 41,480.00$ -$ 45,000.00$ Sub-Total 41,480.00$ -$ 45,000.00$ Total Capital Purchases 126,967.00$ 106,342.38$ 110,450.00$ Transfer to Reserves Fire Apparatus Repayment 50,938.47$ 5305 Fire Apparatus 150,000.00$ 150,000.00$ 150,000.00$ 5720 Emergency Medical Services 10,000.00$ 10,000.00$ -$ -$ Total Reserve Transfer 160,000.00$ 160,000.00$ 200,938.47$ GRAND TOTAL 958,227.00$ 994,314.12$ 975,448.47$ Surplus 2,665.98$ Page 8 REQUEST FOR DECISION Prepared By: Nadine Hackney, Community Development Officer Date July 23, 2021 Reviewed By: Jonathan Meakin, Strategic Initiatives Coordinator Date August 5, 2021 Authorized By: Tara Maguire, Deputy CAO Date August 5, 2021 CURRENT SITUATION In June 2020, Council adopted a preliminary Diversity and Inclusion Action Plan. One of the actions in the plan was to create a Diversity and Inclusion Committee. Staff was directed to come back to Council with options for the committee structure. RECOMMENDATION It is recommended that Council provide First Notice to adopt Policy P-108 Terms of Reference for an Equity, Diversity, and Inclusion Advisory Committee and refer to Second Notice. BACKGROUND Local governments and communities are the level of government that is most involved in the lives of residents and as such are in an ideal position to develop policies, programs, and strategies that support meaningful action towards eliminating racism and discrimination. Enhancing equity and inclusion requires gaining understanding and becoming allies of people from diverse backgrounds. During her presentation to Council earlier this year, Ann Devine helped us all understand our unconscious bias and how it informs decision making. One of the most important messages Ann Devine conveyed to Council was the importance in partnering with stakeholder groups and hearing from marginalized communities. This message has been echoed by Pride Lunenburg when they asked that we engage with them to better understand how our policies, decisions, and activities affect those people who are experiencing discrimination, bias, and marginalization. Rather than assuming to understand those impacts, and the experience of marginalized groups, it is important that we engage with them. Municipal governments, as well as other levels of government in Canada, along with local and national organizations, share responsibility for, and have an important role to play in, combating racism and discrimination and fostering equality and respect for all citizens. As a local government, the Municipality REPORT TO: Council MEETING DATE: August 12, 2021 SUBMITTED BY: Corporate & Strategic Management SUBJECT: Policy P-108 Terms of Reference for Equity, Diversity & Inclusion Advisory Committee ORIGIN: June 2020 - Preliminary Diversity & Inclusion Plan 2 Request for Decision of Chester has a responsibility to model and lead demonstrable action in advancing equity, diversity, and inclusion work in our communities. Council has taken some early actions to publicly demonstrate the Municipality’s commitment to diversity and inclusion and to lay the foundation for more proactive and coordinated efforts:  During the June 23, 2020, Council meeting, direction was provided to staff to review of Policy 57, the Flag Flying Policy.  In August 2020, Council rescinded Policy 57 and approved a new Flag Raising and Protocol Policy, P102. As a result of the new policy, there are guidelines for Council approval for Community flags to recognize the importance and symbology of special flag raisings to enhance public awareness for diversity and inclusion of marginalized groups, and to raise awareness of activities such as cultural events and commemorations that are important to members of our community. In October 2020, council approved a preliminary Action Plan which recommends several internal and external initiatives to support change and lead a course of action to improve equity, diversity, and inclusion within the corporation and the community. One of the action items was to establish a Citizen Diversity and Inclusion Committee. The committee will recommend to Council resources, policies, and practices designed to eliminate racism, discrimination, and exclusion. Direction was provided to staff to staff report back to Council with proposed terms of reference, mandate, and proposed membership for such a committee. At the June 24, 2021, meeting Council again agreed to raise the pride flag and directed staff to investigate options for a pride crosswalk within the Village. At this time Council also received a request to recognize Mi’kmaq community names on signage and directed Municipal staff to prepare a report on which signs were ours. During discussion of these items, Council reiterated the importance of forming a Diversity and Inclusion Committee to guide discussions. DISCUSSION The purpose of the Committee will be to:  Develop and promote a vision of inclusion based on the Municipality of Chester’s preliminary Equity, Diversity and Inclusion Action Plan;  Further refine and develop the Municipality’s Equity, Diversity and Inclusion Action Plan;  Be committed to operating with effective, respectful and inclusive communication;  Promote and operate through a consensus decision–making process;  Be responsive to community needs;  Foster a greater understanding and awareness of diversity, equity and inclusion matters within the community by fostering collaboration and building partnerships; and  Facilitate opportunities to educate and celebrate the diverse social, cultural and traditional elements that make up our Municipality. 3 Request for Decision The Committee will achieve this by:  Providing a diversity lens for, and resulting recommendations to, the Municipality respecting materials, social media strategies, educational training, community engagement, and other issues that are believed to support diversity and increase inclusion for all throughout the Municipality;  Providing advice and recommendations to Council concerning opportunities to: advance community education about diversity and inclusion; review names of infrastructure and amenities; determine minimum training requirements for municipal staff and Council; include more diversity and inclusion in programs, services, and infrastructure, ensuring a respectful and equitable community for all to live and work;  Providing input to Municipal staff on the elimination of barriers within Municipal programs, services and policies for the diverse population of our community;  Recommending policies, programs and practices designed to eliminate racism, discrimination, and exclusion;  Establishing a work plan and, if approved by Council, share the plan with the Municipality's employees and its residents;  Engaging community groups, provincial agencies, and organizations active in Diversity, Inclusion and Equity in the activities of the Committee; and  Acting as an information resource by providing advice and capacity building to community organizations and businesses to educate them on the importance and benefits of diversity in their organizations or businesses and facilitate the provision of diversity and inclusion training when appropriate or requested. Work in other Municipalities The NSFM and AMA have been active in promoting education for Diversity and Inclusion and have offered a number of sessions to share what other Municipalities are doing. A number of municipalities have begun working on issues related to equity, diversity and inclusion. The Town of Truro, West Hants Regional Municipality, the Town of Bridgewater, and the Municipality of the County of Kings all have established committees that deal with some or all of the aspects of equity, diversity and inclusion. A summary of the purpose of each committee and its membership are provided in Appendix A. In Lunenburg County each unit has taken a slightly different approach from one another. Town of Bridgewater – the Town has an Anti-racism taskforce. The scope of the work is limited to eliminating racism and discrimination, and promoting cultural diversity, equal opportunity and inclusion of all community members, including but not limited to First Nations, African Nova Scotians, migrants and other minority communities into the cultural fabric of the town. Municipality of the District of Lunenburg – MODL has done some anti-racism training for Council and is in the early stages of building a relationship with Acadia First Nations. At this time, they have not established a committee but have chosen to do some work within the organization. They are currently in the process of preparing an RFP to engage a consultant to complete an internal audit, complete some training for staff and council, and will then develop a workplan. Once these steps are complete, they will have discussions about next steps. 4 Request for Decision Town of Mahone Bay – The Town has not established a committee. They were interested in a regional committee similar to the approach taken with Accessibility, but because each unit is taking a slightly different approach the idea of a coordinated regional direction became difficult. Town of Lunenburg - The Town of Lunenburg has established a special committee to develop a Municipal Action Plan for Ending Racism and Discrimination with emphasis on anti-Black and Indigenous racism. POLICY Financial/Budgetary The committee will incur some small costs for mileage. This should be able to be accommodated within the current budget. Environmental None. Strategic Priorities The introduction of the Equity, Diversity & Inclusion Advisory Committee will assist the Municipality in advancing the following Priority Areas of the 2021-24 Strategic Priorities Framework: Government & Engagement Priority Outcome 1: Ensure municipal service delivery is efficient and effective, communicated and accessible. Priority Outcome 2: Ensure municipal bylaw and policy frameworks reflect current and changing needs. Healthy & Vibrant Communities Priority Outcome 2: Develop an accessibility, diversity, and equity lens for municipal plans and services, and support partners in advancing accessible and inclusive communities. Work Program Implications There will be a considerable impact on staff work programs if the Municipality seeks to advance the work of the Committee and action plan with existing staff. This impact will be more clearly assessed and documented when staff presents to Council a workplan for strategic, operational, and capital priorities, which will include a review of capacity and timelines for current work programs. Currently, the work of equity, diversity, and inclusion is being supported by the Community Development Coordinator. To move this work forward in a timely manner a dedicated staff resource may be needed. Additionally, to do this work in a manner that is respectful and inclusive, support and expertise of a facilitator will be required. A facilitator who is an expert in diversity, conclusion and equity issues is required in order to address any power imbalances openly and ensure that marginalized voices are prioritized. Staff are aware that the knowledge, skills and lived experience of existing staff are not 5 Request for Decision sufficient to facilitate this process. The work of the committee will require some support from a resource or from a facilitator. Staff will review the options and provide a recommendation to council in a future report. There is currently $50,000 in the approved 2021-22 budget to support special projects which can support this work. Has Legal review been completed? ___ Yes ___ X_ No _ _ N/A Location Committee Staffing Role of Committee Composition Town of Truro Diversity Advisory Committee Existing Staff  Identify best practices  Engage employees and the public in an open forum of discussion  Develop, review, update and oversee a Diversity Management Policy  Communicate equity responsibilities by reviewing representation levels within Truro employment groups and conducting annual reviews of areas of progress and/or concern and reviewing equitable employment practices.  Liaise with the Nova Scotia Human Rights Commission for research, education and increased awareness;  Minimum of 9 and maximum of 13 committee members including:  Two municipal councillors;  Three municipal staff, consisting of a management employee, a non-union employee and a representative from one union group;  The human resource office;  3 to 6 citizens who reside in the Town area. (*currently not listed in the TOR but these citizens include people representing various groups – accessibility, LGBTQ2+, BiPoc, and Police with mixed heritage) West Hants Regional Municipality Diversity and Inclusion Committee Existing Staff  Create and implement an action plan to eliminate racism, discrimination and social marginalization within the Municipality.  Determine and educate the public about where and how racism, discrimination and social marginalization occurs within the Municipality.  Recommend b monitor effectiveness of policies, programs and practice designed to eliminate racism, discrimination and social marginalization.  Provide an annual report to Council of projects and their progress.  10 voting members and 2 non-voting members as follows:  2 Councillors  4 resident members of diverse race and ethnicity  1 resident over the age of 60  1 resident between the ages of 15-19  RCMP Representative  Provincial Government Representative  2 non-voting staff members appointed by the Chief Administrative Officer Town of Bridgewater Anti-Racism Taskforce Existing Staff  The task force will serve to advise Council in local race issues that impact those who live, work or play in the Town of Bridgewater.  Aims to promote a racism and discrimination free town by:  Advising the town Council on best practices for developing and implementing polices, plans, services and facilities that eliminate racism and discrimination  Monitoring and reporting to Town Council racist and discriminatory practices in the community.  Acting as a liaison between community members and town Council on issues of racism and discrimination in the community.  Developing an action plan, for Council to approve, for addressing racism and discrimination as well as promoting diversity and equal opportunity within the town of Bridgewater.  In meeting its purpose the task force shall meet regularly to discuss areas of concern with regards to racism and discrimination; and promote cultural diversity, equal opportunity and inclusion of all community members, including but not limited to First Nations, African Nova Scotians, Migrants and other minority communities into the cultural fabric of the town.  Membership is limited those who live, work or play in the Town of Bridgewater.  There will be membership goals, but not a quota system. Membership in the Committee should:  Represent a balance of perspectives from the community at large Include representation from First Nations  Include gender balance  Include representation from youth and older adults  Include representation from the business community  Include culture and language representation  Include individuals from organizations challenging discrimination and racism  Includes one member of town council Municipality of the County of Kings Diversity Kings County Committee External Consultant will work with current staff  Currently updating action plan RFP - renew and refresh its vision to promote social inclusion and diversity, and to the extent of its reach, promote and eradicate all forms of racism and discrimination.  New vision and action plan will continue the promotion of human rights and diversity.  Updated action plan must reflect the principle that cultural diversity should be the common heritage of humanity.  Every member of our society should have equal opportunity to share in the economic, political, social, cultural and recreational life of our community.  Minimum of six and maximum of thirteen committee members including:  Two Councilors from Municipality of Kings and one each from the Towns of Berwick, Kentville, and Wolfville);  One Municipal staff, the Diversity & Outreach Specialist or their designate; and  Three to six citizens who reside in Kings County.  The Committee may also include non-voting advisory members who represent key partner organizations and/or who bring expertise in relevant areas. Town of Lunenburg Anti-Racism Special Committee Existing Staff with use of a facilitator  Develop a Municipal Action Plan for Ending Racism and Discrimination with emphasis on anti-Black and Indigenous racism, including:  Identify ways and means to eliminate barriers to employment, policies, procedures and practices that may negatively impact the BIPOC members of our community;  Strive to achieve suitable representation of designated and underrepresented groups, with particular attention to African Nova Scotian and Indigenous people, in the Town of Lunenburg’s workplace, activities and services;  Strive to showcase the rich cultural heritage of all peoples on the Town of Lunenburg’s literature, plaques, interpretive panels, street naming  Eight committee members:  Two municipal Councillors (one of which shall Chair);  Two Citizens at large who have knowledge or expertise in African Nova Scotian or Indigenous affairs (who may or may not live within the Town);  Two representatives from African Nova Scotian Community;  Two representative from the Indigenous Community (one of which shall be a representative from Acadia First Nations)  Other participants: policy, events, website and other media/communication platforms with particular attention to African Nova Scotian and Indigenous histories.  Make recommendations on how implementation and ongoing monitoring through an inclusivity, diversity, and anti-racism lens can be achieved in the Town of Lunenburg and/or the surrounding area going forward.  Review and consider the Town becoming a member of the Coalition of Inclusive Municipalities.  The Committee may also invite external nonvoting participants who represent key partner organizations and/or who bring expertise in relevant areas. 1st Notice – adoption of Policy P-108 Terms of Reference for Equity, Diversity, and Inclusion Advisory Committee. Refer to 2nd Notice for final approval. Terms of Reference for Equity, Diversity, and Inclusion Advisory Committee Policy P-108 Effective Date: P-108 Equity, Diversity, and Inclusion Advisory Committee Page 2 of 8 Equity, Diversity, & Inclusion Advisory Committee Terms of Reference Policy P-108 1. Establishment of the Committee The Municipality of the District of Chester approved a preliminary Equity, Diversity, & Inclusion Action Plan. The plan includes an action item to establishes a Citizen Advisory Committee. 2. Purpose/Objective The Municipality of Chester is committed to supporting equity, diversity, inclusion, and dignity of all people, and to establishing equal opportunities in employment. The Equity, Diversity & Inclusion Advisory Committee (the “Committee”) will provide support to staff in the implementation of the Equity, Diversity and Action Plan. The Committee will be a forum for consultation, feedback, and discussion on matters of diversity, equity, and inclusion in the Municipality of Chester. The goals of this Committee are to: a. Develop and promote a vision of inclusion based on the Municipality of Chester’s preliminary Equity, Diversity, & Inclusion Action Plan; b. Strive to achieve suitable representation of designated and underrepresented groups, in the Municipality's workplace, activities and services; c. Further refine and develop the Municipality’s Equity, Diversity & Inclusion Action Plan; d. Be committed to operating with effective, respectful, and inclusive communication; e. Promote and operate through a consensus decision–making process; f. Be responsive to community needs; g. Foster a greater understanding and awareness of diversity, equity and inclusion matters within the community by fostering collaboration and building partnerships; and h. Facilitate opportunities to educate and celebrate the diverse social, cultural, and traditional elements that make up our Municipality. To achieve this, the Committee will: i. Provide a diversity lens for, and resulting recommendations to, the Municipality respecting materials, social media strategies, educational training, community engagement, and other issues that are believed to support diversity and increase inclusion for all throughout the Municipality; j. Provide advice and recommendations to Council concerning opportunities to: advance community education about diversity and inclusion; review names of infrastructure and amenities; determine minimum training requirements for municipal staff and Council; include more diversity and inclusion in programs, services, and infrastructure, ensuring a respectful and equitable community for all to live and work; P-108 Equity, Diversity, and Inclusion Advisory Committee Page 3 of 8 k. Provide input to Municipal staff on the elimination of barriers faced by our community in accessing Municipal programs, services, and policies; l. Recommend policies, programs and practices designed to eliminate racism, discrimination, and exclusion; m. Establish a work plan and, if approved by Council, share the plan with the Municipality's employees and its residents; n. Engage community groups, provincial agencies, and organizations active in diversity, inclusion, and equity to keep apprised programs and services for marginalized communities; and o. Act as an information resource by providing advice and capacity building to community organizations and businesses to educate them on the importance and benefits of diversity in their organizations or businesses and facilitate the provision of diversity and inclusion training when appropriate or requested. 3. Appointment of the Committee 3.1 Committee Membership a. The Committee shall be comprised of a minimum of six and a maximum of nine voting members including: i. Two municipal councillors and the warden; and ii. Three to six members who are residents of, or operate businesses within, the Municipality. b. There will be goals in terms of Committee composition, but not a quota system. Membership should endeavour to: i. Represent a balance of perspectives from the community at large ii. Include culture and language representation iii. Include individuals from organizations challenging discrimination and racism iv. Include representation from First Nations v. Include gender balance vi. Include representation from youth and older adults vii. Include representation from the business community c. Membership is limited to those who live or work in the Municipality of Chester. d. The Municipality will advertise Committee positions in accordance with current Municipal procedures. The advertisement shall contain the following statement: “As one example of this initiative to ensure recognition of the diversity within the Municipality of the District of Chester, we are actively seeking applications from racially visible persons, persons with disabilities, members of other traditionally underrepresented groups, and citizens with an interest in advancing anti-discrimination programs generally.” e. Municipal staff, consisting of at least one supervisory/management employee, two non- management employees, and the Director of Human Resources will be ex-officio members of the committee and are not voting members. They do not count towards quorum of the committee. f. The Committee may also invite external non-voting participants as advisors who represent key partner organizations and/or who bring expertise in relevant areas. 3.2 Membership Responsibilities P-108 Equity, Diversity, and Inclusion Advisory Committee Page 4 of 8 a. Initial appointments will be made for two- or three-year rolling terms in order to maintain continuity. In terms of membership: i. Committee members may be reappointed for additional two- or three-year terms; ii. New members will be added to replace those who are completing terms or leaving the committee for other reasons; iii. There will not be set terms for Municipal staff and advisors; iv. Members of the Committee shall hold office until their term expires or they provide notice of resignation, with their successors to be appointed within three months; and v. The maximum number of consecutive terms any members may serve on the Committee is two. b. In meeting the Committee’s objectives, members will be responsible for attending regular meetings of the Committee. Attendance includes teleconferencing and videoconferencing as needed. Voting members are expected to attend and participate in a minimum of 75% of regularly scheduled meetings over the course of a calendar year. If they do not, or if they miss three consecutive meetings, they will be asked to reconfirm their commitment to serving on the Committee. c. The Committee will discuss all concerns or issues related to discrimination, racism, and barriers to inclusion and make recommendations to Council and/or administration with the full understanding that it is the role of Council to make policy, procedural, capital budget, and operational budget decisions and investments. 3.3 Sub-committees a. The Committee may establish sub-committees as required. b. The Committee Chair will be an ex-officio member of all sub-committees. c. The Committee may appoint persons from outside the committee to a sub-committee. d. Sub-committees shall be chaired by a Committee member and report back to the Committee for consideration of findings. 3.4 Voting a. Municipal Councillors and public members are considered voting members of the Committee. b. Municipal staff members and advisors to the committee do not have a vote. c. Municipal staff members’ positions on decisions will be noted in the minutes and identified as non-voting contributions. Advisory members’ positions on decisions will be noted in the minutes and identified as non-voting contributions. 4. Roles and Responsibilities 4.1 Individual Committee Members The responsibilities of individual committee members are as follows: a. Attend Committee meetings. b. Share information from the Committee with the organizations/communities they are representing. c. Gather input on relevant matters from the organizations/communities they are representing to share with the Committee. P-108 Equity, Diversity, and Inclusion Advisory Committee Page 5 of 8 d. Represent the Committee as required at community functions. e. Report to the Committee with regards to any functions at which they have represented the Committee. f. Guide the implementation of the Action Plan. g. Contribute to the implementation of the Action Plan. Committee members will work together to prepare an annual budget based on the annual allocation approved by Council. 4.2 Chair a. The Chair is selected by from the voting membership by committee members. The Chair is responsible for: i. Ensuring the timely delivery of all Committee agendas and minutes. ii. Serving as the chair of Committee meetings, calling the meeting to order, and ensuring that appropriate procedures are followed. iii. The delivery of Committee reports and recommendations to Council. iv. Serving as the representative of the Committee at official functions. They may delegate this role to the Vice Chair or other Committee members, as required. b. The Chair is considered a voting member of the Committee. c. The Chair’s term will be for a maximum of two years at which time the voting members will vote for a new Chair. d. The Chair can hold consecutive terms if voted in by the members. e. Voting for the Chair and Vice-Chair will occur every two years at the April meeting (or other designated time). 4.3 Vice-Chair a. The Vice-Chair is selected by from the voting membership by committee members. The Vice- Chair is responsible for: i. Convening and conducting meetings if the designated Chair is not available; and informing the Chair as to the salient points/decisions raised or agreed to at that meeting. ii. Serving as the official representative of the Committee at official functions, when delegated by the Chair. iii. Reporting to the Chair with regards to any functions at which they have represented the Chair. b. The Vice-Chair is considered a voting member of the Committee. c. The Vice-Chair’s term will be for a maximum of two years at which time the voting members will vote for a new Vice-Chair. d. The Vice-Chair can hold consecutive terms if voted in by the members. 5. Decision Making a. All decisions of the Committee shall be made by majority vote of Committee members who are present and eligible to vote. Where a majority is not forthcoming, the vote shall be determined in the negative. All decisions of the Committee will be made without undue influence or biased P-108 Equity, Diversity, and Inclusion Advisory Committee Page 6 of 8 decision-making favouring any Committee member’s personal or financial interests, or that of family members or close friends. b. When decisions are required between meetings: i. To the greatest extent possible, staff will consult with Committee members. They will send an electronic message to Committee members outlining the decision to be made, providing any available materials to inform the decision, and indicating the timeline for making the decision. The decision will be made based on a majority vote of voting members, as above. ii. When time does not permit consultation with Committee members and a decision must be made immediately, the Chair (or Vice-Chair, if delegated by the Chair) may make a decision on behalf of the Committee, using all available and relevant information. They must immediately inform the Committee of the decision. 7. Meetings a. Meetings will take place once a month at a date and time agreed upon by the Committee. b. Additional meetings will be scheduled as needed. c. No decisions or recommendations to Council may be made at any Committee meeting unless a quorum of a majority of the current members of the Committee is present in person. d. Meetings will generally take place at the Municipal office in Chester. e. To facilitate connections with diverse groups in the community, meetings may take place in other locations across the Municipality as agreed by the Committee. f. Meetings will be open to the public unless the nature of Committee business (such as dealing with issues under the Municipal Government Act) requires a closed Committee meeting. 8. Communications a. All communications and messaging from the Equity, Diversity, & Inclusion Committee’s work and activities shall come from the Chair or their designate. b. It is expected that all decisions of the Committee will be supported by all members of the Committee upon ratification. c. The foregoing does not limit the ability of an individual Committee member from speaking freely with the media, but in all such cases the individual Committee member should be clear that it is their personal opinion and not that of the Equity, Diversity, and Inclusion Advisory Committee. 9. Definitions a. Discrimination is broadly defined to include action, speech or behaviour by individuals, organizations or groups which may bring about or have the effect of producing, directly or indirectly, hatred, intolerance and/or prejudice against other individuals or groups based on any prohibited ground covered by the Nova Scotia Human Rights Act and the Canadian Charter of Rights and Freedoms. Illegal and/or arbitrary denial of the rights guaranteed to individuals or groups under the Nova Scotia Human Rights Act and the Canadian Charter of Rights and Freedoms, with a view to exclude or limit the exercise of these rights in equal participation in the economic, political, social, and cultural life of society. b. Diversity is a combination of differences and similarities among people. It is more than race, ability, sexual orientation, language, gender, or any other descriptive category. Diversity means understanding and utilizing different views, ideas, life experiences, skills, and knowledge. P-108 Equity, Diversity, and Inclusion Advisory Committee Page 7 of 8 c. Equity is a condition or state of fair, inclusive, and respectful treatment of all people. Equity does not mean treating people the same without regard for individual differences. d. Inclusion is about community actions meant to eliminate barriers so all its members can fully participate in and contribute to the community. It means being supported and valued within the community and organization. P-108 Equity, Diversity, and Inclusion Advisory Committee Page 8 of 8 RECORD OF ADOPTION/AMENDMENTS Effective Date Reason for Adoption/Amendment Adoption of Policy P-108 to establish an Equity, Diversion, & Inclusion Advisory Committee REQUEST FOR DECISION Prepared By: Bruce Blackwood Date August 6, 2021 Reviewed By: Date Authorized By: Tara Maguire Date August 6, 2021 CURRENT SITUATION The Outdoor Burning Bylaw No. 142 came into effect in 1997. In May 2020 Council requested staff review the restrictions following a concern raised by a resident on the inability to have outdoor fires in acceptable fire pits due to the distances (125 feet) required by the bylaw between the fire pit and surrounding buildings or property lines. Several discussions were held with the Chester Fire Chief and the Request for Direction in December 2020 sought further feedback from Council on proposed amendments to the Bylaw. Staff presented proposed amendments to the Bylaw for Council consideration of first reading on June 8, 2021. Following review and discussion staff was directed to review and propose further amendments. BACKGROUND Based on direction from Council the proposed amendments to the Outdoor Burning Bylaw attempt to reach a reasonable balance, allowing residents to enjoy smaller recreational fires while limiting the possible negative aspects (nuisance and possible fire risk) of burning garden waste and larger fires for land clearing in the MOC. For the purposes of the burning bylaw the Municipality makes a distinction between the Chester Village, surrounding areas of higher building/population density and the rest of the MOC. The MOC Islands are not included in the revised by-law. Amendments to the bylaw recognize the need for residents to be able to enjoy recreational fires throughout the MOC and be able to burn for land clearing and property maintenance reasons in REPORT TO: Municipal Council SUBMITTED BY: Bruce Blackwood, Fire Services Coordinator MEETING DATE: August 12, 2021 SUBJECT: Outdoor Burning By-law ORIGIN: MOC Bylaws and Policies 2 Information Memo selected areas of lower population density, reducing the probability of fire risk and nuisance complaints. DISCUSSION Following the COW meeting of June 17, 2021 and subsequent discussion with the MOC Solicitor (July 22, 2021) the following changes have been made to the earlier drafts. 1. amended the definition of Hazard to be as determined by the Municipality or Fire Chief. Removed the reference to Nuisance in this definition (section 2.9) "Hazard" means a risk of fire or damage which may be caused by Outdoor Burning, and which may adversely affect property and/or persons as determined by the Municipality or Fire Chief. 1. amended the definition of Nuisance to put degree of qualification and to be as determined by the Municipality Further amended the definition of Nuisance to include “ discomfort” (Section 2.11) “Nuisance" means the causing of quantities of smoke or other emission from Outdoor Burning that may cause discomfort, injury or otherwise adversely or unreasonably affect the enjoyment by other persons of their property as determined by the Municipality. 2. amended the definition of Prohibited Materials, removing the reference to paper, cardboard and boxboard (section 2.16) “Prohibited Materials” means domestic or commercial garbage or waste, household hazardous waste, construction and demolition debris, plastics, paint, treated lumber, railway ties, manure, rubber, asphalt, asphalt products, fuel and lubricant containers, biomedical waste, tires or other materials that are required to be recycled or disposed of in accordance with current waste management practices established by the Municipality. 3. changed wording from “shall ” to “ may ” issue an Order in section 7.1 The MOC By-Law Enforcement Officer is responsible for enforcement of this By-law. Where the By-law Enforcement Officer or their designate determines that an Open-Air Fire or Outdoor Burning poses a Hazard or a Nuisance to persons or property or where there is a failure to comply with any provision of this By-law, they or a designate, may 3 Information Memo issue an Order to the property owner to have the fire extinguished and/or to take any other remedial action that may be required to meet the provisions of the By-Law. 4. added broader definition of “ Owner ” to include those that have control of the property. “Owner” means a person who owns, manages, possesses or controls, or directs activity carried out on land or premises and includes a person shown on the Assessment Roll for the Municipality as the assessed owner or occupant of the land or premises. 5. removed reference to Garden Waste in Chester Fire Control Area. We now refer only to the burning of Solid Fuel in open air and approved fire pits. Solid fuel means (dry seasoned hard or soft wood) which should prohibit greenery, stumps roots etc. from being burned in the Village area. The burning of leaves, limbs or twigs would be permitted now as long as they are dry and can be considered “seasoned” 6. added back in the permission to have fire appliances on wooden deck to Outer Area (Section 5.2) Same wording as within the Village Fire Control Area 7. removed section on Cost of Work This is covered in the MGA. In overall summary: Within the MOC as a whole the proposed revisions prohibit burning of Prohibited Materials or any household hazardous waste and fires that create a recognized nuisance or hazard. Fires must comply with permits and conditions imposed by the Department of Lands and Forestry and with any other regulations. Fires for the purposes of building demolition must have prior approval of the Department of Environment. All fires must be attended by an adult of 19 years of age and with suitable fire suppression resources readily available. Outdoor furnaces must meet all requirements of any development permits issued by the MOC. Recreational fires and the use of approved appliances on wooden outdoor decks is permitted but must comply with appropriate clearances and fire protection. Within the Chester Outer Fire Control Area (refer to Map) the revisions limit the size of the fire for garden waste and land clearing to essentially 3 m in diameter and a height of 2 m. This requirement eliminates the ability for large industrial burning and would limit any industrial burn permit considered by the Department of Lands and Forest. Recreational fires of up to 1 m in 4 Information Memo diameter, burning dry seasoned wood, are permitted either open air, in an acceptable burn pit, or in an approved appliance with appropriate clearances from buildings and other combustibles. Only one fire is permitted on a property at one time. All fires must be attended by an adult of 19 years of age and with suitable fire suppression resources readily available. Within the Chester Village Fire Control Area the revisions permit small (0.75 m in diameter) recreational open air fires and fires (1 m in diameter) within acceptable fire pits burning dry seasoned wood The use of outdoor furnaces is prohibited. Only one fire is permitted on a property at one time. All fires must be attended by an adult of 19 years of age and with suitable fire suppression resources readily available. The MOC By-law Enforcement Officer administers the by-law and where it is determined there is a failure to meet the requirements, will require the fire to be extinguished. Penalties will apply. The Fire Chief also may order the fire to be extinguished if in his/her opinion the fire is not in compliance with the requirements of the by-law. With the revised restrictions and a limit of the extent of industrial burning and the burning of garden waste in the denser populated areas, it is reasonable to expect that the number of these possible nuisances and hazards will be reduced. IMPLICATIONS Policy Revision of By-Law # 142 Financial/Budgetary No impact Environmental No Impact. Strategic Plan Reference to: • Maintain a high level of fiscal responsibility • Continually improve public satisfaction with municipal services Work Program Implications Covered in work program of By law Enforcement Officer OPTIONS 5 Information Memo 1. Provide first reading of the proposed amendment to Outdoor Fire By Law # 142. 2. Direct staff to further review requirements of amendment to Outdoor Fire By Law # 142. ATTACHMENTS 1. Draft amendment to Outdoor Fire By-Law # 142 COMMUNICATIONS (INTERNAL/EXTERNAL) N/A ATTACHMENTS None COMMUNICATIONS (INTERNAL/EXTERNAL) N/A Tara, OUTDOOR FIRE BY-LAW # 142 (CONTINUED) Page 1 of 10 Municipality of the District of Chester Outdoor Fire By-Law By-Law No. 142 Amended: Effective August xx, 2021 Version 7 OUTDOOR FIRE BY-LAW # 142 (CONTINUED) Page 2 of 10 MUNICIPALITY OF THE DISTRICT OF CHESTER BY-LAW # 142 OUTDOOR FIRE BY-LAW 1. AUTHORITY and PURPOSE 1.1 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. 1.2 This By-law shall be known as the Outdoor Fire By-law and is intended to control hazards and nuisances to the public associated with outdoor fires. 2. INTERPRETATION In this By-Law: 2.1 "Acceptable Outdoor Burning Pit" means an outdoor receptacle open to the sky that; (a) is designed to contain fire and prevent it from spreading, (b) is constructed on all sides including the bottom from natural stone, bricks, block, concrete, heavy gauge metal (min. 4 mm thickness), or other suitable non-combustible components, and is no more than 1 meter in any dimension, and (c) has a spark arrestor or metal mesh screen no larger than 1.25 cm of opening covering the complete opening to contain sparks or blowing debris. 2.2 “Acceptable Outdoor Propane Fireplace” means a commercially manufactured fire pit or fireplace fueled by natural gas, liquified petroleum gas or bio ethanol intended for recreational outdoor fires and having CSA, ULC or equivalent approval under the requirements of the Nova Scotia Fuel Safety Regulations. 2.3 “Acceptable Outdoor Wood Burning Appliance” means a Chimenea or other similar commercially manufactured recreational outdoor wood burning appliance that; (a) is constructed from a suitable fire-resistant material and has a firebox intended for burning small quantities of wood or charcoal, and OUTDOOR FIRE BY-LAW # 142 (CONTINUED) Page 3 of 10 (b) has a spark arrestor or metal mesh screen no larger than 1.25 cm of opening covering the complete opening to contain any sparks or blowing debris. 2.4 “ Chester Outer Fire Control Area” means that area of the Municipality indicated on the Map as Chester Outer Fire Control Area attached as Schedule B. 2.5 "Council" means the Council for the Municipality of the District of Chester. 2.6 "Emergency Management Organization" means the Regional Emergency Management Organization (REMO) as established for the County of Lunenburg. 2.7 "Fire Chief" means the Fire Chief for a fire department registered with the Municipality. 2.8 "Garden and Yard Waste" means any shrubbery, tree prunings, leaves, brush, weeds, roots, tree stumps, grass, root mat, turf and similar vegetation debris resulting from property development and/or general maintenance. 2.9 "Hazard" means a risk of fire or damage or Nuisance which may be caused by Outdoor Burning, and which may adversely affect property and/or persons as determined by the Municipality or Fire Chief. 2.10 "Municipality" means the Municipality of the District of Chester. 2.11 “Nuisance" means the causing of quantities of smoke or other emission from Outdoor Burning that may cause discomfort, injury or otherwise adversely or unreasonably affect the enjoyment by other persons of their property as determined by the Municipality. 2.12 “Open Air Fire” means any fire located anywhere on a property which is not contained within an Acceptable Outdoor Burning Pit, an Acceptable Outdoor Wood Burning Appliance or an Acceptable Outdoor Propane Fireplace. 2.13 “Outdoor Burning” means any combustion, whether or not fire is present or visible, located any place on property including inside any appliance that is not fully enclosed by a building or structure. Fire contained within a Portable Barbecuing Appliance is not defined as Outdoor Burning. 2.14 "Outdoor Furnace" means an outdoor wood burning appliance used for the space heating of buildings, the heating of water or other similar purposes. 2.15 “Portable Barbecuing Appliance" means an appliance sold or constructed for the purpose of cooking food outdoors, normally fueled by liquefied petroleum gas, OUTDOOR FIRE BY-LAW # 142 (CONTINUED) Page 4 of 10 natural gas, compressed briquettes or charcoal and having CSA, ULC or equivalent approval. 2.16 “Prohibited Materials” means domestic or commercial garbage or waste, household hazardous waste, construction and demolition debris, plastics, paint, treated lumber, railway ties, manure, rubber, asphalt, asphalt products, fuel and lubricant containers, biomedical waste, tires or other materials that are required to be recycled or disposed of in accordance with current waste management practices established by the Municipality. 2.17 “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. 2.18 “Owner” means a person who owns, manages, possesses or controls, or directs activity carried out on land or premises and includes a person shown on the Assessment Roll for the Municipality as the assessed owner or occupant of the land or premises. 2.19 “Solid fuel” means dry seasoned hard or soft wood, charcoal, mechanically processed fiber wood, pelletized wood and wood chips. 2.20 “Suitable fire protection equipment” means tools and equipment useful in extinguishing fires and preventing the spread of fires including but not limited to fire extinguishers, water containers, portable pumps and water tanks and hoses attached to an adequate water supply. 2.21 ” Chester Village Fire Control Area" means that area of the Municipality indicated on the Map as Chester Village Fire Control Area attached as Schedule B. 3. PROHIBITITED BURNING 3.1 On any lands within the Municipality no person shall be permitted to have Outdoor Burning that: (a) contains Prohibited Materials, (b) creates a Nuisance or Hazard, (c) is not in compliance with any conditions and/or restrictions imposed by the Department of Lands and Forestry or Provincial Government including any burning restrictions or burn bans, OUTDOOR FIRE BY-LAW # 142 (CONTINUED) Page 5 of 10 (d) is not in compliance with applicable Federal and Provincial laws and regulations, (e) is intended for the for the purpose of demolition of any building or structure without the written consent of the Minister of Environment of Nova Scotia and in accordance with Air Quality guidelines and without first obtaining written permission of the local Fire Chief, (f) is not attended by an adult responsible for the fire, minimum 19 years old, and present on the property while the fire is burning and until the fire is extinguished, (g) is not provided with suitable fire protection equipment within reasonable distance from where the fire is located and there is the ability to contact the local fire services immediately if the fire is or appears to be getting out of control. 4. PERMITTED OUTDOOR FIRES 4.1. Persons shall be permitted to cook food using a Portable Barbequing Appliance or other food preparation appliances designed for outdoor use within all areas of the Municipality. 4.2. With the exception of 6.1 an Outdoor Furnace shall be permitted within the boundaries of the Municipality provided that the Outdoor Furnace meets the requirements of a Development Permit issued by the Municipality, if so required. 5. CHESTER OUTER FIRE CONTROL AREA 5.1 On any land within the Chester Outer Fire Control Area, persons shall be permitted to have an Open-Air Fire or Outdoor Burning that burns Solid fuel provided that: (a) the fire does not exceed the size of 1 meter in diameter, (b) the fire is located no closer than 4.5 meters from any building, combustible structure, combustible materials or bordering property line. 5.2 On any land within the Chester Outer Fire Control Area, persons shall be permitted to operate an Acceptable Outdoor Burning Pit, an Acceptable Outdoor Wood Burning Appliance, or an Acceptable Outdoor Propane Fireplace, on a wooden deck, provided: (a) it is positioned on a CSA approved fire-proof pad which extends 0.5 meters from the door opening and at least 0.2 meters on all sides, OUTDOOR FIRE BY-LAW # 142 (CONTINUED) Page 6 of 10 (b) is 2 meters from the building and 1 meter from any combustible surface not appropriately protected by a CSA approved fire proofing material and, (c) is operated to meet the stricter standard between this By-law and the manufacturer’s instructions for the appliance. 5.3 On any land within the Chester Outer Fire Control Area, persons shall be permitted to have Open-Air Fires or Outdoor Burning for removing or burning of Garden and Yard Waste provided: (a) the fire does not exceed the size of 3 meters in diameter and 2 meters in height, (b) the fire is located no closer than 9 meters from any building, shed, garage, out building, trees or other combustibles or bordering property line, and (c) only one fire is burned on the property at one time. 6. CHESTER VILLAGE FIRE CONTROL AREA 6.1 On any land within the Chester Village Fire Control Area, no person shall be permitted to operate an Outdoor Furnace, 6.2. On any land within the Chester Village Fire Control Area, persons shall be permitted to have Outdoor Burning in an Acceptable Outdoor Burning Pit, an Acceptable Outdoor Burning Appliance, or an Outdoor Propane Fireplace, provided that: (a) only Solid fuel is burned in an Acceptable Outdoor Burning Pit or an Acceptable Outdoor Wood Burning Appliance, (b) the appropriate fuel is used in an Acceptable Outdoor Propane Fireplace, and it is operated in accordance with manufacturer’s instructions. (c) the Acceptable Outdoor Burning Pit, Acceptable Outdoor Wood Burning Appliance, or Acceptable Outdoor Propane Fireplace is located a minimum of 3 meters from any building, combustible structure, combustible materials or bordering property line. 6.3. On any land within the Chester Village Fire Control Area, persons shall be permitted to have an Open-Air Fire provided that: (a) only Solid fuel is used, (b) it does not exceed 0.75 m in diameter, OUTDOOR FIRE BY-LAW # 142 (CONTINUED) Page 7 of 10 (c) is located a minimum of 3 meters from any building, combustible structure, flammable or combustible materials or bordering property line, and (d) only one fire is burned on the property at one time. 6.4 On any land within the Chester Village Fire Control Area, persons shall be permitted to operate an Acceptable Outdoor Burning Pit, an Acceptable Outdoor Wood Burning Appliance, or an Acceptable Outdoor Propane Fireplace, on a wooden deck, provided: (a) it is positioned on a CSA approved fire-proof pad which extends 0.5 meters from the door opening and at least 0.2 meters on all sides, (b) is 2 meters from the building and 1 meter from any combustible surface not appropriately protected by a CSA approved fire proofing material and, (c) is operated to meet the stricter standard between this By-law and the manufacturer’s instructions for the appliance. 7. ENFORCEMENT: 7.1 The MOC By-Law Enforcement Officer is responsible for enforcement of this By-law. Where the By-law Enforcement Officer or their designate determines that an Open- Air Fire or Outdoor Burning poses a Hazard or a Nuisance to persons or property or where there is a failure to comply with any provision of this By-law, they or a designate, may issue an Order to the property owner to have the fire extinguished and/or to take any other remedial action that may be required to meet the provisions of the By-Law. 7.2 A Fire Chief may extinguish or order to be extinguished any Open-Air Fire or Outdoor Burning, if in the opinion of the Fire Chief the fire is a Hazard 8. OFFENCES AND PENALTIES: 8.1 Any person who contravenes or fails to comply with any of the provisions of this By- Law or any Notice or Order given pursuant is guilty of an offense punishable on summary conviction by a fine of no less than $250.00 and not exceeding $5,000.00 for each offence, as per Schedule "A" attached and in default of payment to imprisonment of not more than 90 days for each offense. OUTDOOR FIRE BY-LAW # 142 (CONTINUED) Page 8 of 10 9. COMPLIANCE WITH OTHER ACTS AND BY-LAWS 9.1 Nothing in this By-law shall exempt any person from obtaining any license, permission, permit authority or approval required under any other By-law or regulation of the Municipality or any statute or regulation of the Province of Nova Scotia. If this By-law conflicts with any other statute or regulation of the Province of Nova Scotia, the more restrictive statute shall apply. 10. REPEAL 10.1 The Outdoor Burning Bylaw and amendments thereto are repealed upon the coming into force of this By-law. OUTDOOR FIRE BY-LAW # 142 (CONTINUED) Page 9 of 10 SCHEDULE “A" OFFENCE Penalty First offence $ 250.00 Second Offence $1000.00 Third Offense $ 5000.00 OUTDOOR FIRE BY-LAW # 142 (CONTINUED) Page 10 of 10 SCHEDULE “B " Chester Village Fire Control Area Permitted: • Open air fire with solid fuel not exceeding 0.75 m in diameter and 4.5 m from combustibles and property line • Outdoor burning with solid fuel not exceeding 1 m in diameter in Acceptable Outdoor Burning Pit, Acceptable Outdoor Wood Burning Appliance, or an Outdoor Propane Fireplace and 3 m from combustibles and property line • Outdoor burning on wooden deck in Acceptable Outdoor Burning Appliance or Acceptable Outdoor Propane Fire Fireplace on appropriate fireproof pad and 2 m from building and 1 meter from any combustibles not protected with fireproofing material Specifically Prohibited: •Use of an Outdoor Furnace •More than one Open Air fire per property at one time Chester Outer Fire Control Area Permitted • Open air and Outdoor Burning fire with solid fuel not exceeding 1 m in diameter and 4.5 m from combustibles and property line • Open air and Outdoor Burning of Garden and Yard Waste not exceeding 3 m in diameter and height of 2 m no closer than 9 meters from structures and other combustibles • Outdoor Burning on wooden deck in Acceptable Outdoor Burning Appliance or Acceptable Outdoor Propane Fireplace on appropriate fireproof pad and 2 m from building and 1 meter from any combustibles not protected with fireproofing material Specifically Prohibited: • More than one Open Air fire per property at one time Permitted: • Use of Portable Barbequing Appliance for the purposes of cooking food • Use of an Outdoor Furnace that meets the requirements of a Development Permit (except for Village Control area) All MOC Specifically Prohibited: • Burning of Prohibited Materials • Fires that create a Nuisance or Hazard • Fires that are not in compliance with permits and conditions imposed by the Department of Lands and Forestry. • Fires not in compliance with Federal and Provincial laws and regulations. • Fires for the purposes of demolition without prior approval of the Department of Environment and Fire Chief. • Fires unattended by adult of 19 years of age without suitable fire suppression resources readily available. August 5 2021 Mike Dolter, President Association of Municipal Administrators Nova Scotia 1809 Barrington Street, Suite 1304 Halifax, Nova Scotia B3J 3K8 Dear Mike: I am writing to provide an update on the public consultation period for the Coastal Protection Act Regulations. In response to a request by the Nova Scotia Federation of Municipalities and the Association of Municipal Administrators of Nova Scotia, we are pleased to extend the public consultation period to September 30th. We are removing the three person per municipality restriction for all sessions, including the sessions previously scheduled, to allow more municipal representatives and officials to attend. In addition, we are adding new sessions in early September for the following dates and times: September 8th – 10:00 a.m. - 12:00 p.m. September 8th – 2:00 p.m. - 4:00 p.m. September 9th – 6:00 p.m. - 8:00 p.m. Please register for a day of your choosing by clicking this link. We appreciate all those who have already registered, and we will be keeping these sessions open with the exception of the evening session on August 17th, which is cancelled. Any questions regarding registration for the sessions can be addressed to David MacDonald (David.A.MacDonald@novascotia.ca). We encourage all participants to access the consultation documents and review prior to the sessions. The documents can be found at: novascotia.ca/coast We hope that increasing the consultation window will provide greater opportunity for municipal officials to engage with us on this important initiative. We look forward to hearing from you. Julie Towers Deputy Minister, Environment and Climate Change REQUEST FOR DIRECTION Prepared By: Garth Sturtevant, Senior Planner Date August 3, 2021 Reviewed By: Date Authorized By: Tara Maguire, Deputy CAO Date August 6, 2021 CURRENT SITUATION Staff have received direction from Council, at the request of Bob Youden, M.A.D.E for Mahone Bay Ltd. (the Applicant), to provide options to allow a 10-unit residential development at 122 Queen Street. The Village of Chester Secondary Planning Strategy and Land Use By-law do not currently contain a path to approve the requested development. Existing policy statements specifically limit density and dwelling numbers per structure to protect and maintain the existing Village character in addition to concerns surrounding water supply and building height. During discussion, Council also requested staff attempt to provide the most expedient mechanism for approval to satisfy the request of the Applicant. Council cited the need and desire to have more rental housing stock created in the Municipality, and specifically near the Village of Chester. Staff have investigated the request and, in this report, present four options for consideration. Staff are seeking direction to proceed with one of the options outlined below. Depending on the direction given, staff would prepare a new report and draft amendments for consideration by the Village of Chester Planning Advisory Committee (VPAC). This report would focus solely on the option selected by Council and will detail how it could be implemented in the existing planning documents. The file would then follow the standard approval process, holding a Public Information Meeting, consideration by VPAC, consideration by Council, Public Hearing held followed by a vote to approve or reject the proposed amendments. RECOMMENDATION 4) Refuse to consider policy amendments to permit up to 10 dwelling units per structure in the Central Commercial Zone. Refer this issue to staff to incorporate and study as part of the ongoing Village Plan Review. BACKGROUND At a Committee of the Whole meeting held April 22, 2021, and confirmed by Council motion on April 29, 2021, Municipal Council gave direction to staff to prepare options to permit the development of 10 residential dwelling units at 122 Queen Street as follows: REPORT TO: Municipal Council SUBMITTED BY: Community Development Department DATE: August 12, 2021 SUBJECT: Request for 10 Residential Dwelling Units at 122 Queen Street, Chester ORIGIN: Motion #2021-173 2 Request For Direction 2021-173 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that the Committee of the Whole recommend to Council to direct staff to determine options to consider changing the commercial space at 122 Queen Street to residential. ALL IN FAVOUR. MOTION CARRIED. This direction came following a presentation and discussion with Bob Youden and Jane Raeburn of M.A.D.E for Mahone Bay Ltd. (the Applicant), seeking permission to convert an existing 10-unit building, composed of nine residential dwelling units and one commercial unit, to a fully residential building composed of 10 residential dwelling units. Staff attended this meeting and provided initial comments on the request. The current structure at 122 Queen Street is listed in Schedule “C” – List of Prior Existing Uses of the Village of Chester Land Use By- law. Being included in this schedule ensures that the current use of the building, nine residential dwelling units and one commercial unit, may remain in perpetuity, even though the zone in which it is located currently allows a maximum of four residential dwelling units in the same structure as a commercial use. This status permits the building to remain and the existing nine residential units to be inhabited as well as a commercial use in the tenth unit. However, as the zone does not currently allow more than four dwelling units in a structure, the tenth unit cannot be converted to a residential use without changes to the Secondary Planning Strategy and Land Use By-law. Additionally, the current zoning allows for up to four residential dwelling units in the same structure as a commercial use, converting the sole commercial unit to residential use would contravene the existing regulations. The request from the Applicant will require amendments to the Village of Chester planning documents to create a path for approval of a multi-unit residential development of up to 10 units that is solely residential. Any amendments that are undertaken to satisfy the request of the Applicant will require significant alteration to the existing Village planning documents. DISCUSSION The Village of Chester Secondary Planning Strategy does not currently contain a path to approve the request. Staff note that accommodating the request of the Applicant will require substantial changes to the Secondary Planning Strategy and Land Use By-law. This will include substantial shifts in policy direction and governing regulations. Consideration of Planning Rationale When conducting a Plan Review, time is taken to ensure opinions and ideas from community members are included as an essential part of the planning process. Planning documents are meant to be “living documents” in that they may be changed and amended from time to time, however the overall intent and policy statements in the plan should be maintained. Barring significant change to the community, such as the closure of a major employer, these policies have been designed to guide development and growth in the community until the planning process begins again as part of the next Plan Review. 3 Request For Direction The request of the Applicant is well intentioned and initially appears to support Council’s desire to create more affordable housing stock, particularly rental units, in the Village of Chester. Staff concur with the sentiment and are actively looking at policies and regulations to encourage the creation of new rental housing as part of the Village Plan Review process. The current request must be carefully balanced against the work done by previous Council’s and informed by public engagement with the community which led to the creation of the Secondary Planning Strategy and Land Use By-law. It is important to remember that the current planning documents and policies all involved substantial public engagement. Therefore, significant changes or alterations should not be undertaken without conducting further public engagement to confirm the change is desired by community members. Amendments to existing planning policies should be carefully considered when undertaken outside of a Plan Review process. Whenever considering changes to planning policy, staff and Council should reflect on the “public interest”, that is, the costs and benefits to all members of the community. This includes consideration of written policy, expressed community desires and attempting to consider the impacts of the proposed change on those members of the community who do not or cannot participate regularly in public engagement activities. The current Secondary Planning Strategy and Land Use By-law contain many important and positive elements which have been carefully considered and crafted. With few exceptions, the best time to consider substantial changes in policy or approach is during a review of the plan. The reason being that each part of a Planning Strategy relates and interacts with most other sections. Changes to one section of the plan, made in isolation, are likely to have unintended impacts on other sections of the plan. The Plan Review process is intended to begin from a visioning and goals stage to establish the wishes and desires of community members before drafting regulations to achieve these goals. When the current Secondary Planning Strategy was created, there was strong sentiment and desire to strictly control density and unit numbers in the core of the Village. This is reiterated throughout the Secondary Planning Strategy as demonstrated within the introduction section of the Secondary Planning Strategy to Residential Development: Concerns about water supply and water quality in the older, central part of the village lying between the Front Harbour and Back Harbour have led to the creation of a new Central Village Residential designation which will include strict control on development density. New policies for this area will limit density through percentage lot coverage requirements, larger yard and building separation requirements than previously allowed, and a reduction of residential conversion privileges from four dwelling units to two dwelling units maximum. Larger conversions, which were previously allowed by development agreement, will no longer be permitted. The minimum lot size for this area will be set at half the original lot sizes laid out on the 1903 MacCallum Plan of Chester, so as to conserve the traditional urban form and open and spacious character of the village. Also, within this central village area, newly constructed 4 Request For Direction two-unit dwellings (as opposed to conversions of existing dwellings) will be limited to one per block and will be subject to design control to ensure that they are architecturally compatible with established character. The current desire to create more housing units is valid and requires attention. However, the request is seeking to convert one existing commercial unit to a residential unit. Council should carefully weigh the consequences of a substantial disruption to planning policy and regulations against the creation of one additional housing unit. As noted below, staff recommend deferring this issue for study as part of the ongoing Village Plan Review. Any changes to accommodate the request will greatly alter the development ability and potential within the core of the Village. This type of significant change will have widespread impacts on the existing plan and would be best considered as part of the Village Review. This will allow detailed and meaningful consultation with the community to determine the appetite for and criteria under which multi-unit residential structures may be approved. Options to Permit up to 10 Residential Units at 122 Queen Street Following the direction provided by Council, staff have presented three options below to satisfy the request of the Applicant: 1) As-of-Right Approval (Development Permit) for 10 Dwelling Units in Central Commercial Zone This option involves significant amendments to the Village of Chester Secondary Planning Strategy and Land Use By-law. The amendments would alter the existing Central Commercial Zone to permit up to 10 dwelling units per structure by Development Permit. This change would impact the entire Central Commercial (C) Zone, meaning that each property in the Central Commercial Zone could, subject to all other requirements in the Land Use By-law, convert existing structures or build new structures containing up to 10 residential dwelling units. If selected by Council to proceed with this approach, staff would recommend that the amendments also include special criteria that an applicant must meet before a permit would be issued for a 10-unit dwelling. These special criteria could include a report confirming an adequate water supply for the development, landscaping, and screening requirements to block views of parking, storage and waste receptacles from adjacent properties and stormwater standards to address concerns regarding run-off and impact on neighbouring properties. This approach would constitute a significant change in the existing planning documents which should be carefully considered before proceeding. The current planning documents permit up to four dwelling units per property, however, the structure must also include commercial space. Proceeding with this approach would not only increase the number of dwelling units from four to 10 but is also likely to see the removal of the provision requiring commercial space in the structure. Council has recently given direction to staff not to proceed with an amendment to require each structure in the Central Commercial Zone to maintain commercial space on the ground floor. The discussion around 5 Request For Direction the Council table and reiterated by the Village of Chester Planning Advisory Committee was that they do not wish to further burden property owners by limiting the type of tenant that can occupy a particular space or part of the structure. The Applicant in this case is seeking to eliminate a commercial unit to be replaced with a residential unit, so the requirement for maintaining a commercial use anywhere in the structure would also likely need to be removed if this is the direction selected. This major change in approach and policy would be best considered as part of a larger Village Plan Review to accompany any proposed changes in zone boundaries and to better align the rest of the planning documents with this significant change in density and unit numbers in the core of the Village of Chester. Many existing policy statements within the Secondary Planning Strategy will directly conflict with this change. To successfully amend the current plan will require extensive time, engagement, and staff work, which would be better spent on the Village Review process by looking holistically at the existing planning policies and current needs and trends. The revised Secondary Planning Strategy, which will be the product of the Village Plan Review, offers an uncommon opportunity to look at significant and widespread changes to a community and how to best regulate and balance those desires. This option is likely to be the most expedient in allowing the Applicant to convert the existing commercial unit to a residential unit. This approach would require amendment to the Secondary Planning Strategy and Land Use By-law, following which, the Applicant could immediately apply for a Development Permit to begin construction. While attractive due to the timeline, this approach is not recommended by staff. Figure 1 - Central Commercial Zone Properties (Yellow) 6 Request For Direction 2) Discretionary Planning Approval (Development Agreement) for up to 10 Dwelling Units The second option to satisfy the request of the Applicant is to consider amendments to the Village of Chester Secondary Planning Strategy and Land Use By-law to allow development of 10 residential dwelling units in a structure located within the Central Commercial Zone through the approval of a Development Agreement. A Development Agreement is considered a discretionary planning approval, meaning that an applicant applies for a Development Agreement and must provide information and documentation to satisfy Council that its policies outlined in the Secondary Planning Strategy have been met. This approach allows Council and staff to consider the request based on the specific project and site proposed. The process also requires substantial community consultation and input. These comments and input must be considered by Council as part of the Public Hearing process before approving or rejecting an application for a Development Agreement. Additionally, if approved by Council, a Development Agreement may be appealed by any aggrieved party to the Nova Scotia Utility and Review Board. This process helps connect community members to the development process and allows real and substantial input and negotiation between the developer, staff, Council and the community in order for a development to be approved and successful. Development Agreements are a powerful tool to apply to land uses that are important but are unlikely to be replicated many times over in a community. They can help create the “special” or unique developments which once established become part of a community’s identity and draw. The Municipal Government Act provides the authority to control many aspects of a development through a Development Agreement. Issues such as availability of water, landscaping and screening, parking, building design and appearance and other factors would be negotiated between Council and the Applicant. This approach may allow more flexibility by not requiring adherence to rigid Land Use By-law regulations, while also maintaining and protecting more of the policy statements currently within the Secondary Planning Strategy. The success of a Development Agreement to result in a positive and well received development falls primarily to the policies that are outlined in the Secondary Planning Strategy. These policies must be carefully considered to ensure the development “fits” within the surrounding context, while also allowing flexibility in areas that do not go against policy. This process can create incentive for developers to initiate development or redevelop properties thereby increasing housing stock within the Village. If this approach is selected, staff will prepare amendments to facilitate this change, including a review and revision of existing Development Agreement criteria, contained in Secondary Planning Strategy policies 6.0.7 and 6.0.8. Staff may also propose specific criteria that would apply to multi-unit dwellings requiring a Development Agreement to ensure they are a good fit and do not adversely impact existing neighbourhoods. As noted in Option 1 and below in the Policy Analysis section of this report, there are existing policies within the Secondary Planning Strategy that explicitly prohibit multi-unit development of more than four 7 Request For Direction dwelling units per structure. This approach would require revision to some of those existing policy statements. The revisions and amendments would clarify that although Council is not comfortable allowing as of right development of larger multi-unit structures, as a way of providing more housing stock and more affordable housing in particular, Council is willing to consider applications for a Development Agreement for multi-unit residential structures. The required amendments to existing policies to facilitate this option would be less substantial than in Option 1 and are logical in that they would reflect current trends that have prioritized the creation of well-planned housing stock. This approach would lead to two files being considered simultaneously, the first being the amendments to the Village of Chester Secondary Planning Strategy and Land Use By-law to permit 10-unit residential developments by Development Agreement. The second file would be a Development Agreement for the specific project. The Development Agreement would be subject to the approval of the amendment package and would only be able to be approved once the amendments to the Village of Chester Secondary Planning Strategy and Land Use By-law came into effect. Staff would attempt to minimize any time lost and would work with the Applicant to prepare all necessary information for the Development Agreement while the amendment file is being considered and brought into effect. 3) Create a new zone specifically to accommodate multi-unit residential units The third option presented in this report is to consider the creation of a new zone to permit development of multi-unit residential dwellings of up to at least 10 units per structure. This would involve amendments to the Secondary Planning Strategy and Land Use By-law to create and outline a new “Multi-unit Residential Zone”. This zone would be created with the intent of permitting and regulating multi-unit residential developments as the primary land use. Criteria would be developed for consideration prior to a lot being rezoned to Multi-Unit Residential. These would be written as policy statements within the Secondary Planning Strategy. The policies would explain Council’s intent for the Multi-Unit Residential Zone and its application. Policies will ensure the property, location and surrounding neighbourhood are compatible with the development of a multi-unit residential structure. Further, these policies seek to lessen the impact and perceived negative effects of the development of Multi-unit Residential structures in the Village of Chester. Policy statements could specify specific areas or zones where rezoning to Multi-Unit Residential is permitted and under what conditions Council may consider rezoning to Multi-Unit Residential. To carry out the intent of the policies added to the Secondary Planning Strategy, the Land Use By-law would be amended to include specific regulations for developments occurring within the Multi-Unit Residential Zone. These criteria would ensure the property, location and surrounding neighbourhood are compatible with the development of a multi-unit residential building. Regulations within the Land Use By- law could include a maximum building height, size, yard setbacks, design criteria, landscaping requirements, parking, and stormwater management. This approach is not considered “spot zoning” of which Council has a well-intentioned practice of avoiding. This approach is differentiated from spot zoning due to the accompanying criteria and policies 8 Request For Direction that clarify when and how the zone may be applied. Lots which do not satisfy these criteria would not be considered for rezoning. All efforts would be made to integrate this new zone with the existing plan policies and ensure that any rezoning should be carefully considered. This approach would also be designed to support more than only the subject property to be rezoned to Multi-unit Residential. The zone would be drafted to apply throughout the Village as appropriate and would not only apply to 122 Queen Street. Undertaking this approach would result in two files being created. The first containing the amendments to the Secondary Planning Strategy and Land Use By-law to create and implement the Multi-unit Residential Zone. The second file, which could be considered concurrently, similar to Option 2 (Development Agreement), would consider rezoning the property at 122 Queen Street from Central Commercial to Multi-unit Residential. POLICY REVIEW In contemplating this request and before deciding how or whether to proceed, Council should consider the existing policy statements contained in the Village of Chester Secondary Planning Strategy. A complete review and analysis are included in the table below. There are several existing policies which directly contravene the request of the Applicant. These policies are primarily aimed at protecting the existing character of the Village. In addition, several policies mention the desire to protect the limited groundwater supply from overuse. This is one reason the plan calls for strictly limited density in the core of the Village. The combination of these policy statements supports Council refusing the current request and instead directing staff to review the request as part of the ongoing Village Plan Review. 2.2.2 It is the intention of Council to protect the existing character of Chester from inappropriate development and to require that new development shall fit in with and enhance existing character. 2.2.4 It is the intention of Council to control land use and development in a manner that will minimize conflicts between land uses and in a manner that is compatible with the Municipal services. 3.3.4 To limit the density of residential development in the Planning Area in order to protect groundwater supply, in accordance with policies articulated in section 4.1 (Residential Development) of this Planning Strategy. 4.1.3 To designate the established residential area in the older central part of the village as a Central Village Residential area as shown on Map 5, Future Land Use Map, where single unit dwellings and customary small scale, home-based businesses shall be permitted but where conversions and new multi- unit development, including two-unit dwellings, as well as the size of new lots, will be strictly limited in order to protect the groundwater water supply in the area in accordance with Policy 3.3.4; also to establish in the Land Use By-law a corresponding "Central Village Residential Zone". 9 Request For Direction 4.1.11 To include existing structures containing more than four dwelling units in the lists of permitted uses in the Land Use By-law but to ensure that any changes in the use of these structures conforms to the requirements of the by-law for the zone in which they are located. 4.9.6 That existing land uses and associated structures which were in existence on the effective date of the Land Use By-law and which would not otherwise be permitted in the zone in which they are located due to the type of use or the size of the use shall be listed in Schedule "C" of the Land Use By-law, and included as existing land uses in the list of uses permitted in zone in which they are located so that their expansion or their change of use shall be governed by the provisions of the zone in which they are located. Policy Analysis 2.2.1 The existing character of Chester - regarded as a high quality, predominantly residential living environment of traditional architectural character and urban form with small enclaves of modern residential, commercial, institutional and light industrial development - is regarded as the primary point of reference and model for future development. The request is seeking to permit up to 10 dwelling units per structure. While this constitutes a residential development, the form, scale and density are not in keeping with the existing character of the Village of Chester as described in the Secondary Planning Strategy. 2.2.2 It is the intention of Council to protect the existing character of Chester from inappropriate development and to require that new development shall fit in with and enhance existing character. Developments of 10 residential units in the Village of Chester have a high potential to interrupt the existing character. This request would best be addressed as part of the ongoing Village Plan Review. Approval for such developments through a Development Agreement, or other stringent approval criteria are strongly recommended. 2.2.3 This Planning Strategy provides a framework and a process to accommodate change in development and land use in the Village of Chester. For the request to proceed, significant changes will be required to the Village of Chester Secondary Planning Strategy and Land Use By-law. The changes to the Secondary Planning Strategy will be substantial to ensure that the plan remains a cohesive document with a strongly articulated vision for the Village of Chester. This will require public consultation and careful thought before opening policies and regulations to dense development in the core of the Village. 2.2.4 It is the intention of Council to control land use and development in a manner that will Careful consideration of approval criteria, location and surrounding context will be vital 10 Request For Direction minimize conflicts between land uses and in a manner that is compatible with the Municipal services. if the request proceeds to allow up to 10 dwelling units per structure. Without such criteria, development of large, multi-unit structures poses a threat to the existing character in the Village. 3.2.3 Not to approve any Land Use By-law amendment or development agreement, until Council is satisfied that the development proposal will not create undue traffic hazards, result in undue traffic congestion, or unduly interfere with pedestrian movement on Public Streets. If the request proceeds, criteria should be created requiring approval of the road authority for all access and egress points to the site. 3.3.4 To limit the density of residential development in the Planning Area in order to protect groundwater supply, in accordance with policies articulated in section 4.1 (Residential Development) of this Planning Strategy. Proceeding with the request would directly contravene this policy. It would need to be removed or revised as part of any amendment. Any development of multi-unit residential structures should be accompanied by a report confirming adequate ground water supply to serve the development. 3.3.5 To require confirmation of adequate groundwater supply prior to issuance of any site plan approval for multi-unit residential development of more than four units in the Village of Chester Planning Area in accordance with policies articulated in Section 4.1 (Residential Development) of this Planning Strategy. This policy should be reflected in regulations for all structures containing more than four dwelling units. This policy was originally intended to govern developments of multi- unit structures in the Outer Planning Area and does not indicate a desire or willingness to allow large, multi-unit structures in the core of the Village. 3.6.3 To continue to seek the advice and assistance of the Village Commissioners of Chester in any planning matters directly affecting the Village and its residents. As part of the established Public Participation Program, notice to the Village of Chester is provided in advance of a Public Hearing in accordance with MGA Section 206 (6). 4.1.1 To protect the existing character, the living environment, and the stability of residential land use in the planning area while allowing a diversity of housing types. If the request proceeds, design criteria or other architectural features should be required for new multi-unit residential structures to help lessen their impact and fit in with the surrounding built environment. 4.1.3 To designate the established residential area in the older central part of the village as a Central Village Residential area as shown on Map 5, Although not directly linked to the Central Commercial Zone, this policy provides context for the areas immediately outside the Central 11 Request For Direction Future Land Use Map, where single unit dwellings and customary small scale, home- based businesses shall be permitted but where conversions and new multi-unit development, including two-unit dwellings, as well as the size of new lots, will be strictly limited in order to protect the groundwater water supply in the area in accordance with Policy 3.3.4; also to establish in the Land Use By-law a corresponding "Central Village Residential Zone". Commercial Zone which are intended for Residential development in the core of the Village. This policy considers two-unit dwellings as the acceptable version of “multi- unit” development. This policy does not support development of 10 units per structure. 4.1.11 To include existing structures containing more than four dwelling units in the lists of permitted uses in the Land Use By-law but to ensure that any changes in the use of these structures conforms to the requirements of the by-law for the zone in which they are located. This policy indicates that structures of more than four dwelling units are not compatible with the character of the Village of Chester. This policy is reflective of changes in the planning documents to limit new structures to four or less dwelling units. Existing structures are protected by being listed in Schedule “C”. The property at 122 Queen Street, which is the subject of this request is one of the structures listed in Schedule “C”, which according to this policy should only be permitted to change its use in conformance with the requirements of the Land Use By-law which currently limit structures to 4 residential units in the same structure as a commercial use. Proceeding with the requested amendment would directly contravene this policy. This policy would require removal or significant amendment if the request is to proceed. 4.3.1 To designate lands in the Valley Road area, and the business district in the Queen-Pleasant- Duke Street areas, as shown on Map 5, Future Land Use Map, as Central Commercial Areas, wherein a limited range of business uses is permitted and to establish in the Land Use By- law a corresponding Central Commercial Zone. This policy establishes the Central Commercial Zone within the Village. It also describes a limited range of permitted business uses but does not include a reference or support for large, multi-unit dwellings that are incompatible in the Village Core. This policy would require amendment or additional policies describing the benefit and trade-off of placing large multi-unit residential 12 Request For Direction developments in areas intended for Commercial and mixed-use developments. 4.9.6 That existing land uses and associated structures which were in existence on the effective date of the Land Use By-law and which would not otherwise be permitted in the zone in which they are located due to the type of use or the size of the use shall be listed in Schedule "C" of the Land Use By-law, and included as existing land uses in the list of uses permitted in zone in which they are located so that their expansion or their change of use shall be governed by the provisions of the zone in which they are located. Further to policy 4.1.11 (above) this policy outlines that existing land uses which do not meet the current Land Use By-law regulations are to be listed in Schedule “C”. This allows the use to continue and the structure to be maintained, repaired or replaced in the same location. With the property at 122 Queen Street being listed in this schedule, it is further evidence that the current Secondary Planning Strategy does not support the request to permit up to 10 dwelling units per structure. 4.10.4 To incorporate special provisions in the Land Use By-law to apply within the Inner Architectural Control Area to control building form and the appearance of accessory structures. The percentage of the lot area that may be built upon will be controlled in the residential core of the Inner Architectural Area, within the area designated Central Village Residential under Policy 4.1.3, and will be based on the common re-arrangements of the original lot sizes in the original layout of the village core. This policy relates to the adjacent Central Village Residential Zone which is intended to regulate the development of residential areas in the core of the Village. This zone strictly controls lot coverage, in order to maintain a reflection of the original Village of Chester “grid” pattern of development. 6.0.14 That, in accordance with the Municipal Government Act, a Public Participation Program shall be held prior to any proposed amendment to the Planning Strategy as well as in conjunction with the five year review of the Planning Strategy and Land Use By-law, and the purpose of the Public Participation Program shall be to hear the opinions of the public. If the request proceeds, public consultation will be undertaken in compliance with the Public Participation Program outlined by the Municipality. Given the scope of the requested changes, it may also be warranted to hold additional meetings or seek feedback from members of the public in relation to the current amendment request. 6.0.16 In accordance with the Municipal Government Act, that Council will consider amendments to this Planning Strategy where any change in The request will require significant changes to both the Secondary Planning Strategy and Land Use By-law. Depending on the option 13 Request For Direction policy is proposed as well as where any proposed amendment to the Land Use By-law would contravene Map 5, the Future Land Use Map, or contravene any policy contained in this Planning Strategy. selected, changes to the General Future Land Use Map may also be needed. IMPLICATIONS The implications of the request to permit 10 residential dwelling units at 122 Queen Street will depend heavily on the direction provided by Council on how or if to proceed with amendments to the Village of Chester Secondary Planning Strategy and Land Use By-law. Policy Proceeding with the request of the Applicant will directly contravene existing Secondary Planning Strategy policies. The Secondary Planning Strategy will need substantial amendments to align existing policy and include new policy statements on the process for approving multi-unit residential dwellings of up to 10 units. Policies will need to determine whether a lot is suitable for a multi-unit development and what measures, or protections should be enshrined in policy and carried out through regulations in the Village of Chester Land Use By-law. Financial/Budgetary Staff time is the only anticipated financial impact. Environmental Policies and regulations in place, in addition to those added specifically for multi-unit residential dwellings will address issues such as stormwater run-off, watercourse and waterbody setbacks, and landscaping requirements. Addressing concerns around groundwater supply and availability will be crucial if the request proceeds. Strategic Plan  Ensure sufficient infrastructure is available to best serve our residents and businesses;  Promote conditions conducive to fostering economic prosperity;  Continually reinforce the positive image of the Municipality through leadership in public engagement and communication. Work Program Implications Undertaking any of the options presented in this report will require a significant quantity of staff time to study and prepare the required amendments. Options 1-3 as outlined in this report are expected to take a minimum of six months to complete. This work will also take staff time away from and cause delay in completion of the ongoing Village Plan Review. CONCLUSION The request of the Applicant to convert the existing structure at 122 Queen Street from the current use of nine residential dwelling units and one commercial unit to 10 residential dwelling units presents a significant challenge given the current polices and regulations contained in the Village Secondary Planning Strategy and Land Use By-law. The structure at 122 Queen Street is already listed as an “Existing” structure, meaning that it could not be built today under the current Land Use By-law regulations. The 14 Request For Direction request directly contradicts current zone standards, maximum of four dwelling units per structure, as well as a provision requiring structures containing residential dwellings in the Central Commercial Zone must also include Commercial space. The Chester Village Secondary Planning Strategy has clearly articulated policies discouraging dense residential development within the core of the Village. Further, the plan calls for study and caution regarding development which could have a negative impact on existing groundwater supplies. The plan limits multi-unit development in the core of the Village to a maximum of four dwelling units per structure and only contemplates larger structures within the peripheral areas of the Village. While staff understand the desire and need to create more affordable housing stock, in particular rental units, existing policies and planning rationale are clear that the request should not proceed in this manner. Council’s priority should be to maintain existing Secondary Planning Strategy policies until Plan Review is complete. Existing policies and the need to conduct planning exercises in a deliberate and strategic manner outweigh the potential to create a single housing unit. Directing this issue the Plan Review will show Council’s support for the request, while acknowledging that the request is best considered in the context of the overarching review of existing policies and regulations. Deferring the issue to plan review should be viewed as a compromise, in that the request may still be granted, but will not be prioritized above Plan Review. In this scenario, the Applicant will have to await the outcome of the Plan Review before proceeding with the conversion of the 10th unit. Staff strongly support studying this issue as part of the Village Plan Review. To address the immediate need for housing in the Village, staff hope that this request and discussion serve as an opportunity to refocus emphasis and efforts to prioritize completion of the Village Review. OPTIONS 1) Direct staff to proceed with drafting amendments and a staff report for consideration by the Chester Village Planning Advisory Committee to facilitate the request of the Applicant, to permit up to 10 dwelling units per structure in the Central Commercial Zone, by amending the current Secondary Planning Strategy and Land Use By-law to permit up to 10 dwelling units per structure within the existing Central Commercial Zone. 2) Direct staff to proceed with drafting amendments and a staff report for consideration by the Chester Village Planning Advisory Committee to facilitate the request of the Applicant, to permit up to 10 dwelling units per structure in the Central Commercial Zone, by means of a Development Agreement. This would include drafting new Secondary Planning Strategy policies to regulate the development of multi-unit dwellings in the Village. 3) Direct staff to proceed with drafting amendments and a staff report for consideration by the Chester Village Planning Advisory Committee to facilitate the request of the Applicant, to permit up to 10 dwelling units per structure in the Central Commercial Zone, through the creation of a new “Multi-unit Residential Zone”. This zone would then be considered for application to the property at 122 Queen Street to allow the conversion of the 10th unit to residential use. 15 Request For Direction 4) Refuse to consider policy amendments to the Secondary Planning Strategy and Land Use By-law to permit up to 10 dwelling units per structure in the Central Commercial Zone. Refer this issue to staff to incorporate and study as part of the ongoing Village Plan Review. ATTACHMENTS Appendix A – Excerpt from April 22, 2021, Committee of the Whole Meeting. Applicant Request and Motion providing direction from Council. Committee of the Whole (continued) April 22, 2021 143 Raeburn--CommercialequtQuSpey(5)PYernzMYoisaQSt.ccoct.ecobycocHkfockgCc,colVllggMc,llcoccagiHkeClttPGS,SPqey-Lcaocayflcolp-eeyeHicCcffqc(CCcZe)cobIgyClllyfavfffefssqt.LLIFVU.RRI. District Council Grants 2021 - 2022 Updated August 5, 2021 Requested Approved *Ocean Swells Community Association: Maintain facility 1,000.00$ 1,000.00$ *District 1 Community Centre: Maintain facility 1,000.00$ 1,000.00$ District 1 Community Centre: Water Softener 547.50$ 547.50$ District 1 Community Centre: Parking Lot Repairs 1,000.00$ 1,000.00$ TOTAL FUNDS APPROVED 3,547.50$ *Funds Carried Forward from 2020-2021 2,000.00$ TOTAL FUNDS REMAINING 8,452.50$ Chester Brass Band: Summer Band Stand Concerts 600.00$ 600.00$ Hubbards Area Lions Club: Purification System 2,000.00$ 2,000.00$ Through the Years Day Care & Comm Centre: Court Surface 2,000.00$ 2,000.00$ TOTAL FUNDS APPROVED 4,600.00$ TOTAL FUNDS REMAINING 5,400.00$ Chester District Soccer Association: Purchase New Jerseys 500.00$ 500.00$ Chester Farmers' and Artisan Market 800.00$ 800.00$ Chester Theatre Council (Playhouse): Summer Programs 1,000.00$ 1,000.00$ Chester Yacht Club: Race Week Adaptations (Virtual, PPE, etc.) 500.00$ 500.00$ TOTAL FUNDS APPROVED 2,800.00$ TOTAL FUNDS REMAINING 7,200.00$ Royal Canadian Legion, Br. 88, Chester Basin 4,000.00$ TOTAL FUNDS APPROVED -$ TOTAL FUNDS REMAINING 10,000.00$ Western Shore & Area Improvement Asso: Flower Baskets 3,248.75$ 3,248.75$ Western Shore & District Fire Department 2,000.00$ TOTAL FUNDS APPROVED 3,248.75$ TOTAL FUNDS REMAINING 6,751.25$ Forties Community Centre: Oktoberfest 500.00$ 500.00$ RC Legion, Br 79 New Ross: Canada Day & Remembrance Day 1,500.00$ 1,500.00$ New Ross Community Care Centre: Communications 1,000.00$ 1,000.00$ New Ross Farmers Association 1,500.00$ TOTAL FUNDS APPROVED 3,000.00$ TOTAL FUNDS REMAINING 7,000.00$ Chester District Soccer Association: Purchase New Jerseys 1,000.00$ 1,000.00$ District 7 TOTAL FUNDS APPROVED 1,000.00$ TOTAL FUNDS REMAINING 9,000.00$ Total Funds Approved 18,196.25$ District Grant Budget 2021-2022 70,000.00$ Plus 2020-2021 Carried Forward 2,000.00$ Total District Grant Budget 72,000.00$ Remaining Funds 53,803.75$ District 1 District 2 District 3 District 4 District 5 District 6 REQUEST FOR DECISION Prepared By: Chad Haughn Date July 29, 2021 Reviewed By: Date Authorized By: Date CURRENT SITUATION The Royal Canadian Legion Branch 88, Chester Basin has requested a Designated Community Fund Grant in the amount of $3,879.33. RECOMMENDATION It is recommended that Council provide a Designated Community Fund Grant to the Royal Canadian Legion Branch 88, Chester Basin in the amount of $3,879.33. BACKGROUND The Municipality of Chester has a Designated Community Fund Policy (P-77) which provides an opportunity for individuals or businesses to donate funds to the Municipality with direction that it be deposited into a Designated Community Fund Account for a specific group. The donor receives a charitable donation receipt for their contribution. After a period of time, the community organization requests a Designated Community Fund Grant from the Municipality equivalent to the funds collected. DISCUSSION The Chester Basin Legion has followed the policy by establishing a Designated Community Fund Account (see attached letter from November 4, 2020) and formally requesting the grant payment (see attached letter from July 20, 2021). The Legion is planning to complete upgrades to their facility and the funding will be used to support that project. The Department of Finance has confirmed that as of July 23, 2021 there is $3,879.33 in the Chester Basin Legion Designated Community Fund Account. REPORT TO: Municipal Council SUBMITTED BY: Chad Haughn, Community Development & Recreation Department MEETING DATE: August 12, 2021 SUBJECT: Designated Community Fund Request ORIGIN: Designated Community Fund Account 2 Request For Decision/Direction IMPLICATIONS Policy If Council approves the grant payment, they will have adhered to the process outlined in the Designated Community Fund Policy (P-77). Financial/Budgetary Payment of the $3,879.33 grant is equivalent to the amount of funds collected. Approval of this request will have no impact on the Council budget for 2021-22. Environmental NA Strategic Plan Strengthen and support environmental, cultural, and social resources. Work Program Implications NA ATTACHMENTS 1. Letter requesting a Designated Community Fund Account be setup from Nancy Timbrell- Muckle, President of Chester Basin Legion (November 11, 2020). 2. Letter requesting a Designated Community Fund Grant from Nancy Timbrell-Muckle, President of Chester Basin Legion (July 20, 2021). 1 Pam Myra From:Nancy Timbrell-Muckle <nancytm4@gmail.com> Sent:July 20, 2021 8:27 PM To:Chad Haughn Cc:Danette Gray; Jim Muckle; Don Ruston; Reverend Joe Green; Betty Hughes Subject:#External: Request to Access Funds from The Designated Community Project Fund for the Chester Basin Legion This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. Hello Chad, I am writing to ask if the Chester Basin Legion can access the funds that have been deposited in the DCPF? We have received approval from the Legion Capital Assistance Program to replace aging infrastructure this year: specifically, the staircase leading to the upstairs front door, the side fire escape staircase from the second level and the secondary fire escape staircase to the left of the main door leading upstairs. As you may be aware, the approved funding covers a portion of the costs. We have also received approved funding from the NS Access-ABILITY program to replace two doors with push button opening accessible doors on the lower level. As with the Capital Assistance Program, we have received partial funding. Thus the funds that have accumulated in the DCPF would be greatly appreciated at this time. They will be used to help offset the shortfall from the two grants mentioned above. Volunteer labour will also be used to assist professional contractors engaged to do the construction work. Please advise what steps are required to obtain the funds from the DCPF for the Chester Basin Legion. Thank you for your assistance. In comradeship, Nancy Timbrell-Muckle President Everett Branch No. 88 Royal Canadian Legion Chester Basin, NS INFORMATION REPORT Prepared By: Erin Lowe, Senior EDO Date July 23, 2021 Reviewed By: Date Authorized By: Tara Maguire, Deputy CAO Date August 6, 2021 CURRENT SITUATION For the 2021-22 fiscal year, Council has an Economic Development Sponsorship fund to sponsor events or initiatives within the municipality that are designed to help achieve Council priorities and generate local economic development benefit in one or more of the following areas:  Supporting business growth and employment.  Increasing visitor attraction.  Promoting the municipality to residents and visitors. RECOMMENDATION For Information BACKGROUND Sponsorship is a form of marketing in which organizations pay to be associated with certain events. Additionally, sponsorship provides community relations benefits by increasing visibility and recognition as a good community partner. Organizations are recognized as good community citizens when they support initiatives that assist groups that benefit or improve the quality of life and/or programing in their community. Sponsor opportunities are evaluated by the following criteria:  Relevance to the community.  The Municipal logo must be displayed on some marketing of the event.  The audience should be significant in size or targeted. REPORT TO: Municipal Council SUBMITTED BY: Corporate & Strategic Management DATE: August 12, 2021 SUBJECT: ED Sponsorship ORIGIN: Sponsorship Policy, P-87 2 Information Report DISCUSSION The following sponsorships were issued by the Senior Economic Development Officer as of July 23, 2021: Budget 2021-22 $6,000.00 Recent Sponsorships Christmas Tree Council of Nova Scotia 2022 Summer Meeting $1,500.00 Previously Approved Golf 4 Charity $100.00 Swing for Shoreham Golf Tournament $700.00 Balance $3,700.00 IMPLICATIONS Policy Sponsorship P-87 Financial/Budgetary This request has been accommodated within the approved budget of $6,000 for municipal sponsorships. Environmental None Strategic Plan 1. Partner in the development of infrastructure and opportunities for business development and attraction. 2. Promote and grow the Municipality’s economic sectors. 3. Position the Municipality as Nova Scotia’s south shore community of choice for residents, businesses, and organizations, and as an international tourism destination. Work Program Implications N/A OPTIONS For Information ATTACHMENTS CTCNS Sponsorship Request Letter COMMUNICATIONS (INTERNAL/EXTERNAL) This email originated from outside of the organization. Do not click links or open attachments unless you recogize the sender and know the content is safe. From:Angus Bonnyman To:Erin Lowe (she/her) Cc:Brittany Frenette; Richard Levy; Gerald Keddy Subject:#External: CTCNS ~ 2022 Summer Meeting - (US) National Christmas Tree Assn Date:July 22, 2021 4:39:56 PM Dear Ms. Lowe, Thank you for speaking with me about our plans to host the 2022 Summer Meeting for the (US) National Christmas Tree Association at Oak Island Resort from July 14-16, 2022. As discussed, the Christmas Tree Council of Nova Scotia is the only jurisdiction outside of the United States to have a seat at the NCTA's board, one of 32 members. Council is the umbrella organization over three regional associations, the largest being the Lunenburg Christmas Tree Producers Association with which you are likely more familiar. Two of my colleagues will be heading to North Carolina to attend the 2021 Summer Meeting as a way to see what is done at similar events as well as promoting our event for next year. Given the profile of this event, and the fact that the last time they came to Canada was 1999, we expect to have approximately 300 guests from the US, across Canada, and across the province attend our event which will be comprised of board meetings, a welcome BBQ, speakers, farm tours and an alternate tour for families as we encourage folks to plan their vacations in Nova Scotia next year. In addition to asking for your help with planning some of the alternate events, and providing materials for visitors, we would also respectfully request your Council's financial support of our event in the amount of $1500 in this fiscal year. This support will help offset the costs of planning and promoting the event and bringing participants, and indeed buyers, to communities within your municipality for several days and hopefully beyond as they take well deserved vacations. We would be pleased to add your logo to our printed materials as a token of our thanks as well as providing space at the event for your banner. Please contact me directly if you have any questions. Sincerely, Angus -- CTCNS Logo Angus Bonnyman, CPA, CA, ICD.D Executive Director a: PO Box 8 | Tatamagouche, NS B0K1V0 w: www.ctcns.com | www.iloverealtrees.com p: 902-956-3629 Join us for The Balsam Fir Forum! Use code CTCNS25 for $25 off www.balsamfirforum.com