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HomeMy Public PortalAbout2022-09-29_Council_Website Agenda Package_Updated 2022-09-27.pdf Page 1 of 2 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Thursday, September 29, 2022 Livestreamed via YouTube at www.youtube.com/modcvideo 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 – 8:45 a.m. to 9:00 a.m.) 4. MINUTES OF PREVIOUS MEETING 4.1 Council – September 8, 2022. 5. COMMITTEE REPORTS 5.1 Committee of the Whole – September 15, 2022 – Warden Webber. 6. PUBLIC PRESENTATIONS 6.1 Ashley Nunn-Smith, CEO & Chief Librarian - South Shore Public Libraries (9:00 a.m.) 7. BY-LAWS AND POLICIES 7.1 Tax Exemption Policy P-25 – Second/Final Notice – Amendment to adjust income levels as well as the scale of exemption amounts as outlined in the Request for Decision prepared August 12, 2022 and presented to Council on September 8, 2022. 7.2 Regional Emergency Management By-Law 146: a. Request for Decision prepared September 16, 2022 – Corporate & Strategic Management - Regional Emergency Management By-Law No. 146 – Repeal and Replacement – First Reading to amend to include Town of Lunenburg as well as some housekeeping amendments. b. New Regional Emergency Management By-Law No. 146 with changes outlined. c. Current Regional Emergency Management By-Law No. 146 to be repealed. 7.3 Flag Raising & Protocol Policy P-103 – First Notice to amend Policy to include a list of pre- approved flags, allowing the Equity, Diversity, & Inclusion Advisory Committee to submit a request to Council, and allow recurring observances rather than require a request annually. Page 2 of 2 8. MATTERS ARISING 8.1 Information Report prepared September 1, 2022 – Financial & Information Services – Tax Payments with Credit Card. 8.2 Request for Decision prepared September 8, 2022 – Infrastructure & Operations – Request for Proposals for Village of Chester Wastewater Treatment Plant Upgrade. 8.3 Request for Decision prepared September 8, 2022 – Infrastructure & Operations – Request for Proposals for Otter Point Wastewater Treatment Plant Upgrade. 8.4 Request for Decision prepared August 19, 2022 – Infrastructure & Operations – Request for Proposals for Gold River Bridge Design. 9. CORRESPONDENCE 9.1 Correspondence from Nancy Murray of Chester regarding lights in the Gazebo (Parade Square) be turned off. 9.2 Roxie Bremner regarding consideration to appeal municipal property tax exemption for the 2021/22 year. 10. NEW BUSINESS 10.1 Request for Decision prepared September 21, 2022 – Community Development & Recreation Department – New Road Name Assignment in Martins River (Rascals Ridge). 10.2 Request for Decision prepared September 21, 2022 – Community Development & Recreation Department – Designated Community Fund Request – New Ross Trails Society. 10.3 District Council Grants: a. Studio Singers – District 7 - $1,500. b. Chester Municipal Heritage Society: o District 2 Request - $500. o District 4 Request - $1,000. o District 7 Request - $500. 11. IN CAMERA 11.1 Section 22(2)(a) of the Municipal Government Act – acquisition, sale, lease and security of municipal property – Road Reserve. 12. ADJOURNMENT APPOINTMENTS 9:00 a.m. Ashley Nunn-Smith, CEO & Chief Librarian - South Shore Public Libraries. 372 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of COUNCIL MEETING Livestreamed via YouTube from 151 King Street, Chester On Thursday, September 8, 2022 MEETING CALLED TO ORDER Warden Webber called the meeting to order at 8:49 a.m. Present: District 1 – Councillor A. Veinotte District 5 – Councillor A. Assaff District 2 – Deputy Warden F. Shatford District 6 – Councillor T. Connors District 3 – Councillor D. Wells District 7 – Councillor S. Church District 4 – Warden A. Webber Staff: Dan McDougall, CAO (via Zoom) Tara Maguire, Deputy CAO Pamela Myra, Municipal Clerk Emily Lennox, Executive Secretary Fred Whynot, Director of Public Works Chad Haughn, Director of Community Development & Recreation Solicitor: Samuel Lamey, Municipal Solicitor APPROVAL OF AGENDA/ORDER OF BUSINESS Additions:  Email from Andy Gross regarding Walker Road (6.2 b).  Councillor Church – Chester Basin sign location.  Councillor Church – Noise By-Law.  Councillor Assaff – RCMP Advisory Board item. 2022-346 MOVED by Councillor Assaff, SECONDED by Councillor Church the agenda and order of business for the September 8, 2022, Council meeting be approved as amended. ALL IN FAVOUR. MOTION CARRIED. PUBLIC INPUT Council (continued) September 8, 2022 373 Annette Collicutt, 7392 Highway 3, Martins River outlined her concerns about activities taking place on the property adjacent to her – the sandblasting of large sea cans 12 hours per day with no tenting or PPE gear being used. She has tried to find a department/agency to deal with this, however, has had no success. She is concerned about the potential for toxic materials to float through the air to adjacent residences and people. No one seems to be able to tell her what can be done. When she did get in contact with the Department of Environment, she was told there was no specific regulation or by-law and there were no staff available as it was a weekend. There was discussion on the activities and what department/agency might be responsible for investigating or taking action or what by-laws might apply, i.e. Noise By-Law. The Municipality has some control over land use (structures) but when it comes to detrimental effects on health or the environment, that remains with the province. The Municipality has no way to assess whether the sandblasting material is toxic or not. Warden Webber indicated that the Municipality would do it’s best to get contact information. It was also suggested that at the NSFM Conference that this matter be brought up. MINUTES OF PREVIOUS MEETINGS 4.1 Council Meeting – July 28, 2022. 2022-347 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the minutes of the July 28, 2022 Council Meeting be approved. ALL IN FAVOUR. MOTION CARRIED. 4.2 Council Meeting – August 23, 2022. 2022-348 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford that the minutes of the August 23, 2022 Council Meeting be approved. ALL IN FAVOUR. MOTION CARRIED. Council (continued) September 8, 2022 374 PUBLIC INPUT (continued) Sharon Bremner, Chester Commons voiced concerns about a deed she has that indicates there is a road going through her property. She outlined her concerns and asked to have some answers on the history of why it has happened. Councillor Wells indicated that there is a surveying issue, which is a civil matter. The road in question was the Old Commons Road which was an unopened roadway owned by the former trustees of Chester Commons. Mrs. Bremner received a deed from the Municipality some years ago for a portion of that unopened roadway. Staff were directed to review the file. COMMITTEE REPORTS 5.1 Committee of the Whole – August 4, 2022 – Warden Webber. 2022-349 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford the following motion from the August 4, 2022 Committee of the Whole be approved as follows: 2022-335 …” a letter be forwarded to Minister Brad Johns regarding the enforcement of the Off-Highway Vehicle Act.” ALL IN FAVOUR. MOTION CARRIED. PUBLIC PRESENTATIONS 6.1 Email from Carol Nauss regarding installation of a donated caboose at the Chester Train Station. Carol Nauss was present to discuss the delivery of a caboose. The Chester Municipal Heritage Society has had funds donated from the Chataway/Haughn Trust Fund to move the caboose, however, requires additional funds to have it actually placed where they need it to be placed. It comes from Moncton and has been donated by the Nolan Family. She outlined what the funds would be used for to put the structure in place. They require approximately $5,000 to complete the project. Council (continued) September 8, 2022 375 Councillors Church and Wells agreed to allow the previous Council District Grant funds not fully expended to be used for this project. Councillor Church agreed to provide another $500, Deputy Warden Shatford agreed to provide $500, and Warden Webber agreed to provide $1,000. Ms. Nauss will provide the application to be considered at the next meeting. Ms. Nauss noted that they have had 3,000 to 4,000 people go through The Station, noting that the co-op operators are essentially working as unofficial tourism ambassadors. She also noted that they are still listed as a Visitor Information Centre and feels that people visiting still want to talk with someone, and not deal entirely through the internet once they arrive at their location. MATTERS ARISING 7.1 Request for Decision prepared August 24, 2022 – Corporate & Strategic Management Department – Fire Services Registration for 2022/23. Bruce Blackwood, Fire Services Coordinator reviewed the update on Fire Services Registration as included in the August 24, 2022 Request for Decision “Fire Services Registration for 2022/23”. 2022-350 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that Council approve the annual registration process for Fire and Emergency Service Providers for 2022 as per Policy P-33 Terms of Reference for Registration of Fire and Emergency Service Providers and Schedule B confirmation of the 2022/23 registration notifications be sent to the individual Commissions for Districts 1 (Blandford), 2 (Hubbards), 3 (Chester, District 7, and part of District 1), 4 (Chester Basin), 5 (Western Shore and Martins Point), and 6 (New Ross). ALL IN FAVOUR. MOTION CARRIED. The Fire Services Coordinator also provided an update on the Risk Assessment, noting that there were 28 recommendations in the report. Last evening the Steering Committee met and reviewed the short term, long term, and longer term priorities they wish to work on. The Deputy CAO indicated that Council would receive the consultant’s report and the recommendation and priorities from fire departments in the near future. The Steering Committee discussed and will advise who will present the information to Council. Council (continued) September 8, 2022 376 7.2 Request for Decision prepared August 18, 2022 – Financial & Information Services – 2022/23 Budget Adjustment (Carry forward of 2021/22 Amounts). Tim Topping, Director of Financial & Information Services was present to review the recommended adjustments for the 2022/23 capital Budget Adjustment. The amendments are housekeeping changes to have the budget reflected appropriately and do not affect tax rates. 2022-351 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that Council approve the amendment of the 2022/23 Operating and Capital Budgets as follows and outlined in the Request for Decision prepared August 18, 2022 “2022/23 Budget Adjustment (Carry forward of 2021/22 Amounts)”: Operating / Capital Program Area Item Description Amount Funding Source Capital Recreation & Parks East River Trail Parking Area $13,506 General Operating Reserve Capital Municipal Property Boat Launch Upgrade – Mill Cove Shore Rd $16,160 General Operating Reserve Capital Municipal Property Municipal Building Improvements & Repairs $28,375 General Operating Reserve Operating Transfer to Reserves 2021/22 Operating Deficit $267,863 General Operating Reserve Operating Council Council Grant – Ross Farm (New Ross District Museum Society) $25,000 Wind Energy Reserve Operating Council Council Grant – New Ross Community Care Society $100,000 Wind Energy Reserve ALL IN FAVOUR. MOTION CARRIED. A break was held from 10:10 a.m. to 10:22 a.m. BY-LAWS AND POLICIES 8.1 Amendment to Private Street Improvement By-Law No. 72 – Second/Final Reading to be compliant with the Municipal Government Act changes, reduce the administration fee to a flat 5%, and clarify some definitions. Council (continued) September 8, 2022 377 Tim Topping, Director of Financial & Information Services and reviewed the changes requested by Council. 2022-352 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that Council conduct Second and Final Reading to amend the Private Street Improvement & Maintenance By-Law No. 72 to be compliant with the Municipal Government Act changes, reduce the administration fee to a flat 5%, and clarify some definitions. ALL IN FAVOUR. MOTION CARRIED. 8.2 Request for Decision prepared August 12, 2022 – Finance & Information Services – Amendments to Policy P-25 Tax Exemption Policy. Tim Topping, Director of Financial & Information Services and reviewed the Request for Decision prepared August 12, 2022 “Amendments to Policy P-25 Tax Exemption Policy.” Following discussion and questions, Council agreed to the changes with the addition of a clause for special circumstances in failing to meet deadline to allow a request of Council to review the exemption. 2022-353 MOVED by Councillor Assaff, SECONDED by Councillor Church that Council conduct First Notice to conduct first notice to amend the Tax Exemption Policy P-25 as follows:  Align annual adjustment amounts to the most relevant benchmarks (Average Weekly Earnings percentage change year-over-year);  Adjust maximum exemption as per the PVSC assessment cap, adjusted for change in tax rate.;  Create a new income threshold bracket at the top of the scale, where the benefit trails off to zero to a maximum of $29,590;  Add a section to allow residents a three-month period for late applications to be accepted, pending CAO approval;  Include questions on the application form asking if they would be like to be contacted when applications are open in the following year and how they would like to be notified; and  Add a clause that would allow a review for special circumstances if there was a failure to meet the deadline. ALL IN FAVOUR. MOTION CARRIED. Council (continued) September 8, 2022 378 8.3 Adoption of Code of Conduct Policy P-102 – Second/Final Notice (amended to remove penalties section as per July 28, 2022 Council meeting). 2022-354 MOVED by Councillor Assaff, SECONDED by Councillor Church that Council conduct Second/Final Notice of the Code of Conduct Policy P-102. ALL IN FAVOUR. MOTION CARRIED. CORRESPONDENCE 9.1 Email to Councillor Wells from Deborah Toogood dated August 2, 2022 regarding Air BnB rentals in the Village of Chester and a request for rules/regulations. The CAO indicated that there have not been any proposals provided to the five units from the Mayors and Wardens discussions at this time and expects it would be some time before a regional initiative would be developed/advanced for something to go back to individual councils. There was discussion regarding how homes used for Air BnBs are assessed by PVSC. It was noted that the summer student had been asked to do work on this issue. It was requested that a report be provided on how PVSC and the Assessment Act treat the residents who operate Air BnBs in order for Council to discuss the matter with all relevant information. It was also suggested to get some information on how other municipalities treat this issue. PUBLIC PRESENTATION 6.2 Email and photos from residents of Walker Road regarding road conditions. a. Email from Susan Crocker regarding Walker Road. b. Email from Andy Gross regarding Walker Road. Lezlie Ohler as well as a large number of Walker Road residents were present. Ms. Ohler reviewed the photos and correspondence received from herself and the other residents. Their concern is that Walker Road is the only access in/out for residents other than by boat and it is in a dangerous condition. There is erosion on both sides that can only be addressed with new drainage and new surfacing. The residents fear the danger of sliding into the ocean due to the current state of the road. Council (continued) September 8, 2022 379 Several other residents of Walker Road also spoke of their concerns and fears of the condition of the road and the potential for someone to lose a life if they fall into the ocean. MLA Danielle Barkhouse was also present and indicated that this road has been a challenge of hers since she was a member of Council. She indicated that she would support Council and would also meet with them and the province to review the condition of the road. There was a lengthy discussion on the J Class Roads and the Municipality’s contribution to J Class Roads. Council did not wish to request paving of the road until the Province assured the safety issues would be corrected. Councillor Veinotte indicated that it was important to dispel any misinformation about J Class Roads and how they are maintained. The Municipality is only responsible for the paving and NOT the safety issues beneath paving. The Province owns the J Class Roads. He also noted concerns about the maintenance fund, noting that a few years ago the Province did approve additional roads and the Municipality stepped up and took on its share of the paving. The Municipality has been ready to do their best for the J Class Roads, however, the province does not put enough money in the fund to cover all J Class Roads in the province. The roads are in deplorable condition and each year the Municipality provides the top ten and every year, normally, we receive about 500’ feet. The issue isn’t that we are unwilling to fund roads – when province had extra money we agreed and wanted to do it. MLA Barkhouse agreed there were more roads that require paving; however, this road is a particular hazard due to erosion and the lack of guard rail. She asked that Council will have Walker Road at the top of the list. Deputy Warden Shatford indicated that Council is prepared to step up, but the issue is whether the Province will step up and provide funds to repair the road. John Carroll thanked Council for their comments. He noted that Walker Road is one of the few roads that borders the ocean with no guardrails. Other roads may need repair but they are not in danger of falling in the ocean. He indicated that he had a letter from Dexter Construction – they surveyed the road with him and have a letter stating their findings on the road. The most concerning is the erosion of the edge of the pavement near Simon’s Point Road as the gravel under asphalt is washing out and the edge of the pavement is breaking. How long will it be that the side of the car will fall through the road and into the ocean? Council (continued) September 8, 2022 380 Mr. Carroll also noted that he had a letter from Mike Doucette (employee of the NS Department of Public Works) stating he fully supports the rebuilding of the road and describes in the letter what has to be done, i.e., repair, regrading, and repaving. The path is clear for all of us that this has to be done. There is a grave danger that doesn’t exist on land based roads. This is a priority and the residents are asking for a commitment from Council to support the position of rebuilding Walker Road. Warden Webber indicated that is not an issue, but does not want to pave until the road is rebuilt. The Municipality would definitely pay its share of the paving of the road once it is repaired. Councillor Connors suggested that at the Fall Conference of the NSFM that the province be asked to increase their budget. The MLA noted that she is presently advocating for all roads. She extended the offer to meet with Warden Webber to further discuss the road following Council’s agreement to advocate this road to the province. Councillor Connors acknowledged the provision of a portion of land from the Payne Family to help remedy this situation. It was agreed that the Warden would meet with the MLA and NS Department of Public Works and that it would be clarified to the province that the Municipality is prepared to make this road a priority but want to ensure that the province will fix the road before the Municipality spends funds for the paving. 9.2 Email from Information Privacy Commissioner for Nova Scotia – Right to Know Week in Nova Scotia (Proclamation Request). 2022-355 MOVED by Councillor Connors, SECONDED by Deputy Warden Shatford that Council approve the proclamation for “Right to Know Week in Nova Scotia” from September 26 to October 2, 2022. ALL IN FAVOUR. MOTION CARRIED. 9.3 Correspondence from fasdAtlantic regarding request to proclaim September 9 as International Fetal Alcohol Spectrum Disorder Day. 2022-356 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that Council approve the proclamation proclaiming September 9 as International Fetal Alcohol Spectrum Disorder Day. ALL IN FAVOUR. MOTION CARRIED. Council (continued) September 8, 2022 381 9.4 Correspondence from F. E. Butler Branch 44 Royal Canadian Legion dated August 19, 2022 regarding repair required on the two small cannons flanking the cenotaph. Staff were directed to repair the cannons. 9.5 Email from John Saunders requesting consideration to provide a Port-a-Potty at the location of a food truck at Exit 8. It was agreed that providing a port-a-potty for a private business was not what the Municipality was doing in providing port-a-potties for municipality properties/parks and community open space locations. Staff was directed to advise Mr. Saunders. NEW BUSINESS 10.1 Request for Decision prepared August 4, 2022 – Community Development & Recreation Department – New Road Name Assignment (Deep Cove Terrace). Sylvia Dixon was present to review the Request for Decision prepared August 4, 2022 – Community Development & Recreation Department – New Road Name Assignment (Deep Cove Terrace). The property owner has requested Deep Cove Terrace as their first choice, however, the provincial guidelines dictate that the road would be called Upper Blandford Road. Councillor Veinotte indicated that he would prefer to be in keeping with province’s guidelines, however, would be happy to hear from the residents if they wish to provide a valid reason to name the road differently. 2022-357 MOVED by Councillor Veinotte, SECONDED by Deputy Warden Shatford that Council follow the provincial guidelines and approve the name Upper Blandford Road (in Deep Cove) and not Deep Cove Terrace. ALL IN FAVOUR. MOTION CARRIED. 10.2 District Council Grants: a. District 1 – Ocean Swells Community Association - $2,500. b. District 4 – Aenon Baptist Church - $1,000. c. District 5 – Royal Canadian Legion Branch 144 - $2,000. d. District 3 – Chester Playhouse -$1,000. e. District 3 – Chester Playhouse - $1,000. Council (continued) September 8, 2022 382 2022-358 MOVED by Councillor Assaff, SECONDED by Councillor Wells that Council approve the following Council District Grants: a. District 1 – Ocean Swells Community Association - $2,500. b. District 4 – Aenon Baptist Church - $1,000. c. District 5 – Royal Canadian Legion Branch 144 - $2,000. d. District 3 – Chester Playhouse -$1,000. e. District 3 – Chester Playhouse - $1,000. ALL IN FAVOUR. MOTION CARRIED. 10.3 Request for Decision prepared August 16, 2022 – Financial & Information Services – Village of Chester – Village Area Rate, Outside Fire Rate, and Fire Boat. Tim Topping, Director of Finance & Information Services. Rates same as last year. One thing to note is new contract with village and FD but still working under old process and new process in the next year. 2022-359 MOVED by Councillor Assaff, SECONDED by Councillor Church that:  Council confirms 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. Discussion: It was clarified that the new Committee is aware of status quo until next year’s budget. ALL IN FAVOUR. MOTION CARRIED. 10.4 Chester Basin Community Sign – Councillor Church. Councilor Church indicated that the Chester Basin community sign has been replaced but in the wrong location. It was situated before Middle River on the District 7 side but should be on the District 4 side (on the other side of Middle River). Staff were directed to write to the NS Department of Public Works requesting the correction of the location of the sign “Chester Basin” to the other side of Middle River (on District 4 side). Council (continued) September 8, 2022 383 10.5 Noise By-Law Review – Councillor Church. Councillor Church indicated that she had a conversation with Peter Clements of Wake Up Hill who has requested that the Noise By-Law be reviewed as it is difficult to interpret and vague. The Deputy CAO indicated that it would be referred to staff for review and report. 10.6 RCMP Matter - Councillor Assaff. Councillor Assaff indicated that he has received several phone calls from residents in DonRich Pines (Martins Point) and would like to have the RCMP made aware of it. The Deputy CAO indicated that staff could forward an email, however, the RCMP generally respond with a request that the resident make the complaint. IN CAMERA 11.1 In Camera as per Section 22(2)(e) of the Municipal Government Act – New Ross Community Care. 2022-360 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church the meeting convene In Camera as per Section 22(2)(e) of the Municipal Government Act – New Ross Community Care. ALL IN FAVOUR. MOTION CARRIED. ADJOURNMENT 2022-361 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church the meeting adjourn. (12:01 p.m.) ___________________________ ___________________________ Allen Webber Pamela Myra Warden Municipal Clerk Council (continued) September 8, 2022 384 Amended sections of Private Street Improvement & Maintenance By -Law no. 72. AMEND SECTION 2.5 Owner" includes part owner, joint owner, tenant -in -common or joint tenant of the whole or part of any real property fronting on a street or situate within an affected area and also includes any trustee, executor guardian, agent or other person having the care or control of such real property in the case of absence or disability of the person having the title thereto provided that for the purpose of calculating the percentage of owners in Section 3(1) real property with more than one owner shall be counted as having one owner. An Owner is entitled to one vote for each individual property parcel they own within the Defined Area. In the case where an individual property has more than one Owner, all Owners must agree on the single response. If all Owners are not in agreement, it will be deemed that the Owner's response is negative. AMEND SECTION 2.6 Special Tax" means a tax in respect of the street improvement and/or maintenance based on a per lot basis, a frontage basis, per owner or an area rate based on $100.00 of assessment, as the ease may e requested in the petition. SECTION 2.11 Approved purpose" means those purposes for which a Municipality is authorized to expend money pursuant to ception 65(d)(e)(e)(q) and (aw(i)) 9 Section 65 (.d) (o) (n) (n) and (av(i)\ of the Municipal Government Act. ADD SECTION 2.12 Applicant" means the Association referenced in section 2.8 and which has the right itself, or on behalf of the Owners, to maintain the Street. ADD SECTION 2.13 Dwelling" means a residential unit as identified by the Property Valuation Services Corporation filed roll. AMEND SECTION 3.1 Where sixty-seven (67%) of the owners of real property owning at least sixty-seven (67 %) of the real property within an affected area petition in person or by agent the Municipality for an improvement and/or maintenance of a street, for an approved purpose which may be within or outside the affected area or both, the Municipality may make such improvements, and/or provide for such maintenance if it determines that such improvement and/or maintenance carries out an approved purpose and if so shall be entitled to recover all of the cost of such improvements or maintenance by levying a special tax upon the owners of real property within the affected area as provided by in this bylaw and such tax shall be recoverable from each owner by the Municipality by a per foot of lot frontage basis, or by a per lot basis or by a per owner basis or by an area rate of so Council (continued) September 8, 2022 385 much per $100.00 of assessed value of real property within the affected area as requested in the petition which is generally to be in the form as shown on Form "A" attached. The owner of a lot which fronts on more than one street within the affected area, shall pay based on only one (1) boundary of 4-is-their property, that being the longest boundary that fronts on a street and only this boundary will be considered when calculating the total frontage within the affected area and in calculating the percentage of frontage that the owner owns. a) In the case of recovery of the cost of the street improvement by area rate, based on so much per $100.00 of assessed value of the real property, in the affected area as shown in the petition in Form "A", such area rate shall be struck by Municipal Council from year to year for a period not to exceed ten (10) years and shall cover all the projected costs including interest, to the Municipality for that year for such street improvement. b) In the case of recovery of the cost of the street maintenance by area rate, based on so much per $100.00 of assessed value of the real property, in the affected area as shown in the petition in Form "A", such area rate shall be struck by Municipal Council from year to year for the year for which maintenance is sought as provided for herein. AMEND SECTION 3.3 In the case of recovery of the cost of street improvement and/or maintenance on a per owner basis, multiple owners of the same real property shall be considered as one owner. Forge fie# this paragraph, an owner of real property shall be defined as an owner of an area of land that forms one contiguous parcel of land upon which no more than one dwelling unit is constructed and contains at least one lot as defined in paragraph 3(2). If an owner has more than one parcel of land within the affected area separated by intervening property owners, then that owner shall be assessed individually for each separate parcel of land provided that each parcel has at least one lot as defined in paragraph 3(2). Further, if any parcel of land has more than one dwelling unit constructed upon it, then that owner shall be assessed individually for each dwelling unit. AMEND SECTION 3.5 In the event of a dispute between an owner and the Municipality as to any measurements or area of real property referred to in this By -Law, the owner shall be responsible to retain at WS their expense a surveyor in good standing of the Association of Nova Scotia Land Surveyors who shall certify as to the measurements or area or real property to the Council for the Municipality of the District of Chester. AMEND SECTION 4 The total amount of the special tax levied by the Municipality under this By -Law shall not exceed the cost of the street improvements and/or maintenance to the Municipality plus interest and an administration charge of ten pement ('' %) five percent (5%). AMEND SECTION 5.1 (d) Council (continued) September 8, 2022 386 The special tax levied under this By -Law is a lien on the whole of the property of each owner for that owner's share of the capital improvement and/or maintenance with the same effect as rates and taxes under the Assessment Act and each owner shall be liable for a portion of the total cost of the street improvement and/or maintenance and an administration charge equal to: a) In the case of property fronting on a street the ratio that the lot frontage of each owner bears to the total frontage in the affected area. b) Within the affected area equal to the ratio that each lot bears to the total number of such properties situate in the affected area or c) An area rate of so much per $100.00 of assessed value of the property within the affected area as shown in the petition on Form "A", d) In the case of a per owner basis, an equal amount assessed to each owner of a parcel of land as defined in paragraph 344) 3.3 within the affected area as the ease may requested in the petition. AMEND SECTION 5.4 Notwithstanding paragraph H 5.3 an owner subject to this special tax levied with respect to a street improvement, may elect to pay their share of the capital cost in a lump sum as calculated pursuant to this By -Law, and upon payment thereof that property shall bear no further responsibility for the balance of the cost of the street improvement. AMEND SECTION 7.1 Regarding With regaFd to a street improvement, the lien provided for in this By -Law shall become effective on the date on which the Clerk of the Municipality signs and files at the Municipal Office, a Certificate stating the total costs of the street improvement and the amount of the special tax to be levied on each owner. AMEND SECTION 8.2 The amount of frontage each owner or the number of properties as the case may required require. AMEND SECTION 10.1 The amount payable in respect to the special tax for street improvement by each owner of real property within an affected area may be paid in equal annual installmentss instalments together with interest over a period not exceeding ten (10) years. AMEND SECTION 10.2 Each instalment i"'s, T,+,llmeni and each succeeding instalment .~staid in respect of the tax imposed by this By -Law shall be due on the same date as the Municipality, by resolution, requires a payment of rates and taxes and in the event of default of payment of any instalment the whole balance with interest becomes due and payable. MOTIONS REQUIRING APPROVAL OF COUNCIL FROM COMMITTEE OF THE WHOLE MEETING HELD ON SEPTEMBER 15, 2022 2022-367 APPROVAL OF AGENDA/ORDER OF BUSINESS OF SEPTEMBER 15, 2022 2022-368 REPORT REQUESTED – MUNICIPAL LAND USE BY-LAW AND VILLAGE LAND USE BY-LAW AMENDMENTS MOVED by Deputy Warden Shatford, SECONDED by Councillor Wells that the Committee of the Whole recommend to Council to give direction to staff to prepare a report and draft amendments to the Municipal Land Use By-law and Chester Village Land Use By-law that address the list of housekeeping amendments outlined in the Request for Direction prepared August 21, 2022 “Municipal Land Use By- Law and Village Land Use By-Law Amendments” and schedule a date for a Public Information Meeting. ALL IN FAVOUR. MOTION CARRIED. 2022-369 APPROVAL OF AUGUST 4, 2022 COW MINUTES 2022-370 AMEND FLAG RAISING POLICY – REFER TO FIRST NOTICE ON SEPTEMBER 29, 2022 MOVED by Councillor Assaff, SECONDED by Councillor Church that the Committee of the Whole give Notice of Intention and recommend to Council to amend Policy P-103 Flag Raising & Protocol Policy as follows: • Section 3.03 c add the following to the clause “… except by resolution of Council. If an observance is recurring, requests can be made to fly a flag on a specific date(s) annually without submitting a request every year.” • Section 3.03 i – new clause – In the absence of a representing community organization, and when appropriate, the Equity, Diversity, and Inclusion Advisory Committee may submit a flag flying request for Council’s review.” • Section 3.03 j – new clause – The Municipality will fly a list of pre-approved flags, without a written request. These flags are: i. Pan-African flag – first two weeks of February (African Heritage Month). ii. Trans flag – March 31 (Transgender Day of Visibility) and November 20 (International Transgender Day of Remembrance). iii. South Shore Autism flag – first week of April (Autism Acceptance Month). iv. Pride flag – first two weeks of June (Pride Month). v. All Children Matter flag – September 30 (National Day for Truth & Reconciliation/Orange Shirt Day). ALL IN FAVOUR. MOTION CARRIED. 2022-371 ADJOURNMENT Community Highlights Municipality of the District of Chester Council September 29, 2022 SOMETHING FOR EVERYONE Weekly Open Hours per Location (2021-2022) 17.0 18.1 18.5 21.9 26.4 26.6 26.8 29.8 33.2 Colchester-East Hants Public Library Eastern Counties Regional Library Cumberland Public Libraries Western Counties Regional Library Pictou-Antigonish Regional Library Cape Breton Regional Library Annapolis Valley Regional Library South Shore Public Libraries Halifax Public Libraries Annual In-Person Visits per Capita (2021-2022) 0.4 0.8 1.3 1.4 1.4 1.7 2.7 3.0 Eastern Counties Regional Library Cape Breton Regional Library Western Counties Regional Library Colchester-East Hants Public Library Cumberland Public Libraries South Shore Public Libraries Pictou-Antigonish Regional Library Halifax Public Libraries Supporting Family Literacy -Board books, picture books, toys and games -Reading together as a family contributes to early literacy -Sets kids up for success in school and beyond Imagination & Play Study & Work Space -In-person visits, despite several lockdowns, remain high -Many who study or work from home rely on the library as a quiet “third place” -Wifi connections and computer terminal use address the digital divide 0 5000 10000 15000 0 50,000 100,000 150,000 200,000 2017-18 2018-19 2019-20 2020-21 2021-22 Gate Count Open Hours CORE AND INNOVATIVE LIBRARY SERVICE Bookmobile -New bookmobile launched 2021 -In-person visits and circulation remain high -Six District of Chester stops: -Tuesdays: New Ross 11-1 -Wednesdays: Chester (Legion) 1-4:30 -Chester (Hwy 3 & Valley Rd) 5:30-6:45 -Chester Basin (Legion) 7-8 -Tri-weekly Friday: Blandford 12:30-2 -Chester Grant 2:45-3:30 Aspotogan – Drive to Thrive -Using grant funding, second bookmobile used for additional locations -Parked at Aspotogan Heritage Trust from July 20 to August 19 -Open Wednesday & Friday 11-4 Gold River AFN –Gather & Grow -Department of Canadian Heritage contribution for $91,574 over 2022/23 and 2023/24 -Offer SSPL borrowing and programming on-reserve at Gold River -Working directly with the AFN Council to develop services -Attended the Mawio’mi (Powwow) on Sunday, September 11 Same Page -Same Page launched in January 2022 -Consortia catalogue of 8 regional NS library systems -1,000,000+ items to borrow Physical & Digital Borrowing (5 -year trend) 2017-18 2018-19 2019-20 2020-21 2021-22 Physical 275,041 283,350 251,354 182,325 199,207 Digital 23,601 28,682 33,038 35,683 35,439 0 50,000 100,000 150,000 200,000 250,000 300,000 Per Capita Expenditure (2020-2021) $24.24 $25.17 $27.44 $27.84 $28.36 $31.56 $32.52 $33.14 $60.75 Annapolis Valley Regional Library Cape Breton Regional Library Colchester-East Hants Public Library South Shore Public Libraries Western Counties Regional Library Cumberland Public Libraries Eastern Counties Regional Library Pictou-Antigonish Regional Library Halifax Public Libraries Collection Spending per Capita (2020-2021) $1.84 $1.91 $1.94 $2.24 $2.34 $3.57 $3.62 $3.74 $6.12 Cape Breton Regional Library Cumberland Public Libraries Colchester-East Hants Public Library Annapolis Valley Regional Library Pictou-Antigonish Regional Library Western Counties Regional Library Eastern Counties Regional Library South Shore Public Libraries Halifax Public Libraries Annual Borrowing per Capita (2021-2022) 2.6 2.7 2.8 3.2 3.2 3.3 3.9 5.0 7.6 Colchester-East Hants Public Library Eastern Counties Regional Library Western Counties Regional Library Pictou-Antigonish Regional Library Cumberland Public Libraries Cape Breton Regional Library South Shore Public Libraries Annapolis Valley Regional Library Halifax Public Libraries Annual Borrowing per Capita (2021-2022) 2.6 2.7 2.8 3.2 3.2 3.3 3.9 5.0 7.6 Colchester-East Hants Public Library Eastern Counties Regional Library Western Counties Regional Library Pictou-Antigonish Regional Library Cumberland Public Libraries Cape Breton Regional Library South Shore Public Libraries Annapolis Valley Regional Library Halifax Public Libraries Canadian average book prices (2021)*: -$16.34 for paperbacks -$22.98 for hardcovers Average borrowing value to South Shore residents: -$63.72 -$89.62 annually *booknetcanada.ca COVID-19 Rapid Test Distribution -Vaccine Appointment Booking assistance -Printing Proof of Vaccination papers -ALA award-winning Caring Calls ENGAGING PROGRAMS Total in-person programs (2021-2022) 23 60 63 189 235 688 1157 1325 2577 ECRL CEHPL CPL PARL WCRL AVRL SSPL CBRL HPL ECRL -Eastern Counties Regional Library CEHPL -Colchester-East Hants Public Library CPL -Cumberland Public Libraries PARL -Pictou-Antigonish Regional Library WCRL -Western Counties Regional Library AVRL -Annapolis Valley Regional Library SSPL -South Shore Public Libraries CBRL -Cape Breton Regional Library HPL -Halifax Public Libraries In-person program attendance (2021-2022) 180 798 608 1795 1264 2665 5332 17569 37540 ECRL CEHPL CPL PARL WCRL AVRL SSPL CBRL HPL ECRL -Eastern Counties Regional Library CEHPL -Colchester-East Hants Public Library CPL -Cumberland Public Libraries PARL -Pictou-Antigonish Regional Library WCRL -Western Counties Regional Library AVRL -Annapolis Valley Regional Library SSPL -South Shore Public Libraries CBRL -Cape Breton Regional Library HPL -Halifax Public Libraries Babies & Books -Babies 0-18 months -Early literacy sets up for lifelong success -Social setting for parents battles isolation and post-partum depression Garden Club -Innovative new program for adults and children -All summer at Lunenburg Library -Supports food literacy Drag Queen Storytime -Hosted at the MHPL August 2022 -First-time partnership with Lunenburg Pride -Over 125 in attendance! Mi’kmaq Moons -Facilitated by Cathy Leblanc and Dave Chapman -Stories related to Mi’kmaq tradition of time-keeping and astrology -26 in attendance -Education goals of the Truth & Reconciliation Calls to Action Teen Summer Book Club -Hosted weekly on Discord -Online tool allows teens to easily participate without transportation barriers -Average of 5 participants weekly Lunenburg Lit Festival -7th annual Lunenburg Literature Festival takes place September 22-24 -Festival continued in-person with modifications in 2020 and 2021 -Draws authors and visitors locally and from afar Big 50 Picnic -SSPL celebrates its 50th anniversary -July picnic partnership with Lunenburg Art Gallery & Lunenburg Heritage Society -Over 100 in attendance Municipality of the District of Chester Tax Exemption Policy Policy P-25 Amended - Effective Date: TBD Fiscal Year 2021/2022/2023 Tax Exemption Policy (continued) 2 MUNICIPALITY OF THE DISTRICT OF CHESTER POLICY P-25 TAX EXEMPTION POLICY WHEREAS Section 69 of the Municipal Government Act permits a Municipality to grant a tax exemption for low income earners; THEREFORE, BE IT RESOLVED that Council of the Municipality of the District of Chester adopts the following policy respecting property tax exemptions. 1.0 In this Policy, 1.1 INCOME means a person’s total income (total income before deductions) from all sources for the calendar year preceding the fiscal year of the Municipality of the District of Chester, excluding any allowances paid pursuant to the War Veterans Allowance Act (Canada) or Pension paid pursuant to the Pension Act (Canada) and includes: i) The income of all assessed owners, their spouse(s), including common law spouses who occupy the property as their principal residence; ii) The income from members of the same family residing in the same household, who contribute to the household expenses; and iii) Those who hold an interest in the property and contribute to the household expenses. 1.2 Owner and those who an interest in the property includes: i) The person assessed for the property; ii) A person who holds title including a part owner, joint owner, tenant in common, or joint tenant of the property; and ii) A person with a life interest in the property; and iv) A person with a matrimonial interest. Not included are those with a leasehold interest and those with an interest under an agreement of purchase and sale. 1.3 Principal Residence is the ordinary place of residence for greater part of the year of an owner as well as an owner in a hospital or nursing care facility, unless that person has not slept at the property for a period of two (2) years or more, or unless the property has been rented to paying tenants, in either of which events, the property shall be deemed to cease being the owner’s ordinary place of residence. Tax Exemption Policy (continued) 3 1.4 SAME FAMILY in section 1.1(ii) is defined as including, but not limited to, children and step-childrenstepchildren connected to at least one of the legally married or common-law couples included in section 1.1(i). 2.0 The Director of Finance of the Municipality shall grant an exemption as follows: i) For owners with an Income Level of $16,208 16,419 or less the tax exemption shall be the lessor of $771813 or the tax on the general tax rate and the waste collection and disposal area rate only; ii) For owners with an Income Level of $16,20816,419 to $20,22127,558 the tax exemption shall be the lessor of $813771 less the bracket’s change in the exemption amount $487309) prorated for the income above $16,20816,419 divided by the bracket’s income size* or the tax on the general tax rate and the waste collection and disposal area rate only. * i.e. $771 813 - (((income - $16,20816,419) / ($20,22127,558 - $16,20816,419)) x ($771 813 - $462326)) iii) For owners with an Income Level of $20,22127,558 to $27,20429,590 the tax exemption shall be the lessor of $462 326 less the bracket’s change in the exemption amount $326153) prorated for the income above $20,22127,558 divided by the bracket’s income size^ or the tax on the general tax rate and the waste collection and disposal area rate only. ^ i.e. $326462 - (((income - $27,55820,221) / ($27,20429,590 - $20,22127,558)) x ($462 - $309326)) 3.0 A person or persons applying for an exemption must: i) Make an affidavit: a) Regarding his/her income from all sources in the calendar year preceding the Municipal taxation year for which the exemption is sought. Satisfactory verification of income must be presented to substantiate the exemption. Exemption form attached as Schedule "A”. b) Verify that any person who either holds an interest in the property or are family members residing in the same household, whose income is not included in household income pursuant to clause 1.1 (ii), does not contribute to paying household expenses. c) Provide satisfactory verification of income to substantiate the exemption. Satisfactory evidence includes a CRA notice assessment, GST/HST credit notice, and copy of tax return prepared by a third-party tax preparer. iii) Apply for the exemption each year prior to March 31st of the Municipal taxation year, with the exception of the 2019/20 fiscal year – the deadline for applications will be June 30, 2020. Tax Exemption Policy (continued) 4 4.0 The exemption shall only apply to a property where at least one of the assessed owners occupies it as his/her principal residence;residence. 5.0 Prior to an exemption being granted, all outstanding debts to the Municipality, which are not a lien on the property, shall be paid in full. This would include any fees such as building permit fees, landfill tipping fees, recreation fees, etc. 6.0 A refusal to grant an exemption pursuant to this Policy may be appealed to CouncilResidents who would otherwise have qualified for an exemption, but who have missed the deadline for application, may submit a written request for appeal to the CAO, for special approval. This appeal process will be available until June 30th. After June 30th, any further appeals must be submitted through Council. 7.0 Annually tax exemption income levels and the exemption amounts will be adjusted as follows: i) Annual adjustments in Annually, the income levels, below which an exemption for taxation is granted, will be adjusted by either the annual increase in CPI seasonally adjusted year-over-year percent change in average weekly earnings for Nova Scotia or to the extent that council considers appropriate. ii) Annual adjustments in Annually, the scale of exemption amounts granted will be adjusted by either the annual increase in the average combined change in the PVSC CAP rate and the change in residential tax bill for the general tax rate and waste collection and disposal area rate or to the extent that council considers appropriate. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Formatted: Superscript Formatted: Superscript Tax Exemption Policy (continued) 5 SCHEDULE A MUNICIPALITY OF THE DISTRICT OF CHESTER – PROPERTY TAX EXEMPTION AFFIDAVIT YEAR DISTRICT ACCOUNT EXEMPTION AMOUNT NUMBER 2021/222 022/23 I/We, ____________________ & ____________________, property owners of ____________________ in the County of Lunenburg, Province of Nova Scotia, and is our principal residence, make oath and say as follows: 1. That the total income before deductions of all assessed owners, their spouses (including Common Law Spouses) who occupy the property as their principal residence, family members residing in the same household, who contribute to household expenses and those who hold an interest in the property and contribute to household expenses, was as follows during the calendar year 20192021. Any Allowance paid pursuant to the War Veterans Allowance Act (Canada) or pension paid pursuant to the Pension Act (Canada) is not to be included in a person’s total income for this purpose. ___ Combined Income was $16,20716,419 or less; OR ___ Combined Income was between $16,42016,208 and $27,55820,220; OR ___ Combined Income was between $27,55920,221 and $29,59027,204 AND 2. ___ Verification Provided of combined income of $______________. Check one of the following: ___ Notice of Assessment, _____ GST/HST Credit Notice, _____Copy of tax return. 3. Would you like to be contacted directly when Policy P-25 is amended for the following fiscal year? Yes___ No___ How would you prefer to be contacted? (phone/mail/email): __________________________________ __________________________________________________________________________________________________ NOTE: - THIS IS A LEGAL SWORN AFFIDAVIT AND THE APPLICANTS SIGNATURE(S) ENDORSED BELOW ARE VERIFICATION THAT THE INFORMATION PROVIDED IS TRUE IN ALL RESPECTS. THE AMOUNT OF EXEMPTION GRANTED WILL BE DETERMINED AFTER THE FINAL TAX BILL IS PRODUCED AND WILL BE LIMITED TO THE GENERAL RESIDENTIAL TAX AND WASTE COLLECTION AND DISPOSAL AREA RATE PORTION OF THE OVERALL TAX BILL (I.E. DOES NOT INCLUDE OTHER AREA RATES). Sworn to at ______________ in the County of Lunenburg, Nova Scotia on the ____ day of ________, 20___. ______________________________________ ______________________________________ Staff Signature ______________________________________ ______________________________________ ______________________________________ Formatted: Indent: Left: 0 cm, Hanging: 0.63 cm Tax Exemption Policy (continued) 6 A Commissioner of the Supreme Court of Signature of Applicant(s) Nova Scotia or a Municipal CouncillorCouncilor Formatted: Space After: 0 pt, Line spacing: single, No widow/orphan control, Tab stops: -0.85 cm, Left + 0 cm, Left + 0.63 cm, Left + 1.27 cm, Left + 3.81 cm, Left + 5.08 cm, Left + 6.35 cm, Left + 7.62 cm, Left + 8.89 cm, Left + 10.16 cm, Left + 11.43 cm, Left + 12.7 cm, Left + 13.97 cm, Left + 15.24 cm, Left + 16.51 cm, Left + 17.78 cm, Left + 19.05 cm, Left + 20.32 cm, Left + 21.59 cm, Left + 22.86 cm, Left + 24.13 cm, Left + 25.4 cm, Left + 26.67 cm, Left + 27.94 cm, Left + 29.21 cm, Left + 30.48 cm, Left + 31.75 cm, Left + 33.02 cm, Left REQUEST FOR DECISION REPORT TO: Council MEETING DATE: September 29, 2022 DEPARTMENT: Corporate & Strategic Management SUBJECT: Repeal & Replacement of REMO By-Law 146 ORIGIN: REMO Date: September 16, 2022 Prepared by: Pam Myra, Municipal Clerk Date: Reviewed by: Date: September 23, 2022 Authorized by: Tara Maguire, Deputy CAO RECOMMENDED MOTION That Council conduct First Reading to repeal the current By-Law 146 which became effective on April 9, 2014 and Replace with a new By-Law 146 with the following amendments:  Adding “Town of Lunenburg” as a participating municipal unit where required;  2.1 a. Correction to the emergency management act (removing r from R.S.N.S.);  2.1 c. Change the date to the intermunicipal service agreement date;  2.1 d and e. Change to Minister and Deputy Minister responsible for emergency management;  3.1 b. – add “state of emergency” to clause;  3.2 c. Add “(NS EMO)” to clause;  3.3 b. Add “Nova Scotia” and “NS” to clause; and  5 – “previously adopted versions of by-law 146 are hereby repealed upon the effective date of the adoption of this Regional Emergency Management By-Law. The amendments are required to add the Town of Lunenburg to the participating units as well as make some housekeeping amendments to bring the By-Law up to date. CURRENT SITUATION Municipal Affairs has recommended the by-law be repealed and replaced in order to include the changes to the By-Law as noted above. BACKGROUND Further to recommendations from REMO to add the Town of Lunenburg and make some housekeeping changes, Council previously approved the amended By-Law and conducted Second Reading February 24, 2022. As this By-Law requires provincial approval, the amendment was forwarded to Municipal Affairs and the Emergency Management Office. Following receipt of the amended by-law, Municipal Affairs and Emergency Management recommended that the by-law be repealed and replaced rather than amended. R e q u e s t f o r D e c i s i o n P a g e | 2 OPTIONS Option 1 – Approve First Reading and refer to Second reading following legal review and advertising. Option 2 – Not approve First Reading. IMPLICATIONS By-Law/Policy Repeal and replace current Regional Emergency Management By-Law No. 146. Financial/budgetary Advertising cost to give notice of Second Reading and Adoption. Environmental Not Applicable. Strategic Priorities The replacement of the By-Law will assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Governance & Engagement 1. Ensure municipal service delivery is efficient and effective, communicated, and accessible. Priority Outcomes: Healthy & Vibrant Communities 1. Ensure residents have access to facilities, natural assets, programs, and services that enrich a quality of life and provide safe communities for residents and visitors alike. Work Program Implications Replacement of the By-Law will ensure assistance in continuing inter-municipal relations with the other Municipal Units in Lunenburg County. Has Legal review been completed? ___ Yes _ _ No _X_ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) Advertisement of the Second and Final Reading to allow input from the public. ATTACHMENTS 1. Current By-Law to be repealed. 2. Updated By-Law to replace the repealed by-law. FIRST NOTICE TO REPEAL CURRENT BY-LAW 146 AND ADOPT NEW BY-LAW WITH AMENDMENTS TO INCLUDE:  ADDING THE TOWN OF LUNENBURG AS A PARTICIPATING MUNICIPAL UNIT WHERE REQUIRED;  2.1 a. CORRECTION TO THE EMERGENCY MANAGEMENT ACT (REMOVING R FROM R.S.N.S.);  2.1 c. CHANGE THE DATE TO THE INTERMUNICIPAL SERVICE AGREEMENT DATE;  2.1 d and e. CHANGE TO MINISTER AND DEPUTY MINISTER RESPONSIBLE FOR EMERGENCY MANAGEMENT;  3.1 b. – ADD “STATE OF EMERGENCY” TO CLAUSE;  3.2 c. ADD “(NS EMO)” TO CLAUSE;  3.3 b. ADD “NOVA SCOTIA” AND “NS” TO CLAUSE; and  5 – “PREVIOUSLY ADOPTED VERSIONS OF BY-LAW 146 ARE HEREBY REPEALED UPON THE EFFECTIVE DATE OF THE ADOPTION OF THIS REGIONAL EMERGENCY MANAGEMENT BY-LAW. Municipality of the District of Chester Regional Emergency Management By-Law By-Law No. 146 Replaced – Regional Emergency Management By-Law (continued) Page 2 of 4 _______________________________________________________________________________________________________________ First Reading of Council – Second Reading of Council – Approval of Ministers – Effective Date – MUNICIPALITY OF THE DISTRICT OF CHESTER BY-LAW 146 REGIONAL EMERGENCY MANAGEMENT BY-LAW SECTION 1: GENERAL 1.1 This By-Law may be cited as the “Regional Emergency Management By-Law” to render mutual aid and joint provisions of services and facilities to provide for a prompt, effective and coordinated response to an emergency within the territories of the participating municipalities of the Municipality of the District of Lunenburg; the Municipality of the District of Chester; the Town of Bridgewater; the Town of Mahone Bay, and the Town of Lunenburg. SECTION 2: DEFINITIONS 2.1 In this By-Law: a) “Act” means the Emergency Management Act, S.N.S., 1990, as amended from time to time; b) “State of Emergency Regulations” means regulations approved by the Governor in Council by Order in Council 92-61, Regulation 17/92, as amended from time to time; c) “Agreement” means the Inter-Municipal Emergency Services Agreement, dated January 18, 2017, among the participating Municipalities and as amended from time to time; d) “Minister” means the Minister responsible for Emergency Management of the Province of Nova Scotia; e) “Deputy Minister” means the Deputy Minister responsible for Emergency Management of the Province Nova Scotia; f) “Councils” means the Councils of the participating Municipalities (Municipality of the District of Lunenburg, the Municipality of the District of Chester, the Town of Bridgewater, the Town of Mahone Bay, and the Town of Lunenburg); g) “Region” means all territories within the participating Municipalities; h) “State of Local Emergency” means a state of a local emergency declared, renewed, or terminated by the Council, Mayor, or Warden of a participating Municipality; i) “Regional Emergency Operations Centre (REOC)” means the Regional Emergency Management Organization (REMO) operation centre as established, equipped, and serviced per the Agreement. Commented [AH1]: TOL & MODL the whole Bylaw is new for your units Commented [AH2]: BW, MOC, TOMB – add TOL Commented [AH3]: BW, MOC – remove the “R.” from R.S.N.S. Commented [AH4]: BW, MOC – change date to the updated IMSA Commented [AH5]: BW, MOC, TOMB – change to Minister responsible for Emergency Management Commented [AH6]: BW, MOC, TOMB – change to Minister responsible for Emergency Management Commented [AH7]: BW, MOC, TOMB – add “and the Town of Lunenburg Regional Emergency Management By-Law (continued) Page 3 of 4 _______________________________________________________________________________________________________________ First Reading of Council – Second Reading of Council – Approval of Ministers – Effective Date – SECTION 3: RESPONSIBILITIES FOR EMERGENCY MANAGEMENT 3.1 The Councils, in accordance with the Agreement: a) shall appoint and maintain a Regional Emergency Management Organization (REMO) responsible for the planning and the coordination of emergency services delivery and consist of: i. a Regional Emergency Management Advisory Committee (REMAC); ii. a Regional Emergency Management Planning Committee (REMPC); iii. a Regional Emergency Management Coordinator (REMC); and iv. for each participating Municipality, an Assistant Emergency Coordinator (AEC); b) declare, renew, or terminate a State of Local Emergency, as outlined in the State of Emergency Regulations as may be required and if unavailable in a timely manner, permit the Mayor or Warden of the affected participating Municipality(s) to make such declarations; c) shall cause the Emergency Management Plan or any part thereof to be implemented and may do everything necessary for the protection of property and the health and safety of persons pursuant to Section 14 of the Act; d) may appropriate and expend monies to pay reasonable expenses of members of REMO and to fulfill the terms and conditions of any agreement approved by the Councils; 3.2 REMAC, in accordance with the Agreement: a) is responsible during a State of Local Emergency for the executive direction and management of emergency plans and activities within the Region and for advice to Councils pursuant to the Act; b) recommends to Councils, Mayor or Warden, the declaration, renewal, or termination of a State of Local Emergency as outlined in the State of Emergency Regulations; c) shall deliver a copy of the signed Declaration, Renewal, or Termination of a State of Local Emergency to the Nova Scotia Emergency Management Office (NS EMO) and the Minister and ensure that such Declarations are communicated effectively to the people of the area(s) affected; d) with the approval of Councils, may enter into agreements with the Government of Canada, the Province of Nova Scotia, a municipality, city or town, or any other agency or any person; 3.3 REMC, as appointed by the REMAC, in accordance with the Agreement: a) shall chair the REMPC and coordinate, prepare, and maintain emergency plans; Commented [AH8]: BW, MOC, TOMB – add State of Emergency Commented [AH9]: BW, MOC, TOMB – add (NS EMO) Regional Emergency Management By-Law (continued) Page 4 of 4 _______________________________________________________________________________________________________________ First Reading of Council – Second Reading of Council – Approval of Ministers – Effective Date – b) shall, pursuant to Section 10A of the Act, inform the Nova Scotia Emergency Management Office of any real or anticipated event or emergency and upon activation of an REOC or the Declaration of State or Local Emergency, prescribe, as necessary, duties to be fulfilled by employees, servants, and agents of the municipality and coordinate the REOC activities with NS EMO; 3.4 REMPC in accordance with the Agreement: a) shall include, but not be limited to, persons responsible during an emergency to provide health, law enforcement, fire, utilities, communications, transportation, public works, financial, legal, or other essential community services; b) shall provide recommendations to REMC for the purpose of the development of regional emergency management plans, policy and procedures for the Region, and provide briefings as requested by Council. SECTION 4: RESPONSIBILITIES OF OTHERS IN A STATE OF LOCAL EMERGENCY Following the Declaration of a State of Local Emergency and for the duration of such, every Councillor, employee, and agent of the participating Municipality who has a key role in the execution of the emergency management plans, shall fulfill such duties as may be required according to the emergency plans. SECTION 5: Previously adopted versions of By-Law 146 are hereby “repealed” upon the effective date of the adoption of this “Regional Emergency Management” By-Law. Commented [AH10]: BW, MOC, TOMB – add Nova Scotia Commented [AH11]: BW, MOC, TOMB – add NS Commented [AH12]: Based on the records I have: MODL March 8, 2005 BW Chapter 13 August 11, 2014 MOC Bylaw 146 April 13, 2014 TOMB Bylaw 10 January 13, 2015 TOL Bylaw 30 June 24, 1993 Commented [AH13]: You decide how your unit will proceed Municipality of the District of Chester Regional Emergency Management By -Law By -Law No. 146 Effective April 9, 2014 Regional Emergency Management By -Law #146 (continued) Page 2 of 6 SECTION 1: GENERAL 1. This By -Law may be cited as the "Regional Emergency Management By -Law" to render mutual aid and joint provisions of services and facilities to provide for a prompt, effective and coordinated response to an emergency within the territories of the participating Municipalities of the Municipality of the District of Lunenburg, the Municipality of the District of Chester, the Town of Bridgewater and the Town of Mahone Bay. SECTION 2: DEFINITIONS 1. In this By -Law, a. "Act" means the Emergency Management Act, R.S.N.S. 1990, as amended from time to time; b. "State of Emergency Regulations" means regulations approved by the Governor in Council by Order in Council 92-61, Regulation 17/92, as amended from time to time; c. "Agreement" means the Inter -Municipal Emergency Services Agreement, dated April 15, 2011, among the participating Municipalities and as amended from time to time; d. "Minister" means the Minister of Justice of the Province of Nova Scotia; e. "Deputy Minister" means the Deputy Minister of Justice of Nova Scotia; f. "Councils" means the Councils of the participating Municipalities (Municipality of the District of Lunenburg, the Municipality of the District of Chester, the Town of Bridgewater and the Town of Mahone Bay); g. "Region" means all territories within the participating Municipalities; h. "State of Local Emergency" means a state of local emergency declared (renewed or terminated) by the Council, Mayor or Warden of a participating Municipality; "Regional Emergency Operations Center" (REOC) means the REMO operations centers as established, equipped and serviced per the Agreement; SECTION 3: RESPONSIBILITIES FOR EMERGENCY MANAGEMENT 1) The Councils, in accordance with the Agreement; Notice of Intention to Adopt - Committee of the Whole - May 2, 2013 (2013-234) First Reading of Council - Council - May 23, 2013 (2013-250) Second Reading of Council - June 13, 2013 (2013-274) Approval of Ministers - Department of Justice November 21/22, 2013 and Service NS & Municipal Relations December 24, 2013. Effective Date - April 9, 2014 Regional Emergency Management By -Law #146 (continued) Page 3 of 6 a) shall appoint and maintain a Regional Emergency Management Organization (REMO) responsible for the planning and the coordination of emergency services delivery and consisting of a Regional Emergency Management Advisory Committee (REMAC), a Regional Emergency Management Planning Committee (REMPC), a Regional Emergency Management Coordinator (REMC) and for each participating Municipality, an Assistant Emergency Coordinator (AEC); b) declare, renew or terminate a State of Local Emergency, as outlined in the Regulations as may be required and if unavailable in a timely manner, permit the Mayor/Warden of the affected participating Municipality(s) to make such declarations; c) shall cause the Emergency Management Plan or any part thereof to be implemented and may do everything necessary for the protection of property and the health or safety of persons pursuant to Section 14 of the Act; d) may appropriate and expend monies to pay reasonable expenses of members of the REMO and to fulfill the terms and conditions of any agreement approved by the Councils; 2) The REMAC, in accordance with the Agreement; a) is responsible during a State of Local Emergency for the executive direction and management of emergency plans and activities within the Region and for advice to Councils pursuant to the Act; b) recommends to Councils, Mayor or Warden, the Declaration (Renewal and Termination) of a State of Local Emergency, as outlined in the State of Emergency Regulations; c) shall deliver a copy of any signed Declaration (Renewal and Termination) of a State of Local Emergency to the Emergency Management Office of Nova Scotia and the Minister and ensure that such Declarations are communicated effectively to the people of the area(s) affected; e. with the approval of Councils may enter into agreements with the Government of Canada, the Province of Nova Scotia, a municipality, city or town, or any other agency or any person; 3) The REMC, as appointed by the REMAC, in accordance with the Agreement; a) shall chair the REMPC and co-ordinate, prepare and maintain emergency management plans; b) shall, pursuant to Section 10 A of the Act, inform the Emergency Management Office (EMO) of any real or anticipated event or emergency and upon activation of a REOC or the Declaration of State of Local Emergency, prescribe, as necessary, duties to be fulfilled by employees, servants and agents of the municipality and co-ordinate REOC activities with the EMO; 4) The REMPC in accordance with the Agreement; Notice of Intention to Adopt - Committee of the Whole - May 2, 2013 (2013-234) First Reading of Council - Council - May 23, 2013 (2013-250) Second Reading of Council - June 13, 2013 (2013-274) Approval of Ministers - Department of Justice November 21/22, 2013 and Service NS & Municipal Relations December 24, 2013. Effective Date - April 9, 2014 Regional Emergency Management By -Law #146 (continued) Page 4 of 6 a) shall include, but not be limited to, persons responsible during an emergency to provide health, law enforcement, fire, utilities, communications, transportation, public works, financial, legal or other essential community services; b) shall provide recommendations to the REMC for the purpose of the development of regional emergency management plans, policy and procedures for the Region and provide briefings as requested by Council; SECTION 4: RESPONSIBILITIES OF OTHERS IN A STATE OF LOCAL EMERGENCY Following the Declaration of a State of Local Emergency and for the duration of such, every councillor, employee and agent of the participating Municipality who has a key role in the execution of the emergency management plans shall fulfil such duties as may be required according to the emergency plans. SECTION 5 The existing Emergency Measures By -Law #70 of the Municipality of the District of Chester (2005) is hereby repealed upon the coming into effect of this By -Law. Notice of Intention to Adopt - Committee of the Whole - May 2, 2013 (2013-234) First Reading of Council - Council - May 23, 2013 (2013-250) Second Reading of Council - June 13, 2013 (2013-274) Approval of Ministers - Department of Justice November 21/22, 2013 and Service NS & Municipal Relations December 24, 2013. Effective Date - April 9, 2014 Regional Emergency Management By -Law #146 (continued) Page 5 of 6 Annotation for Official By -Law Book Date of First Reading May 23, 2013 Date of advertisement of Notice of Intent to Consider May 29, 2013 Date of Second Reading June 13, 2013 Date of Approval by the Minister of Service Nova Scotia & Municipal Relations December 24, 2013 Date of Approval by the Deputy Minister of Environment November 21, 2013 Date of Approval by the Minister of Environment November 22, 2013 Effective Date April 9, 2014 Date of mailing to Minister a certified copy of By -Law April 13, 2014 I certify that this By -Law was adopted by Council and published as indicated above )1,1;c,, L \___ April 13, 2014 P. M. Myra, Munigf,al Clerk Date Notice of Intention to Adopt - Committee of the Whole - May 2, 2013 (2013-234) First Reading of Council - Council - May 23, 2013 (2013-250) Second Reading of Council - June 13, 2013 (2013-274) Approval of Ministers - Department of Justice November 21/22, 2013 and Service NS & Municipal Relations December 24, 2013. Effective Date - April 9, 2014 Regional Emergency Management By -Law #146 (continued) Page 6 of 6 MUNICIPALITY OF THE UISTR CT OF CHESTER NOTICE REGARIMNG RI -LAW ADOPTION/AMENDMENTS OF 13Y -LAWS ADOPTION - Take Notice that Chester Municipaal Council conducted the Final Reading for consideration of the adoption of a 11egion al Emergency Management By -Law #146 on June 13, 20'13 and approval was re eived from The Minister of Emergency Management and the Minister ol Service Nova Scotia & Municipal Relations on November 22 and December 24, 2013, By -Law "ge n cy t By -Law Adopted Municipalities cur - Emergency Man- ' includes repealing -gency Measures ''.NDMENT - Also Take Notice that Chester Municipal Council gave First (lead .f an amendment Civic Addressing By -Law on March 13, 207.4 as follows: By-Law I'r d Amendments to By -Law Civic Addressin #139 The ho the refer Users Guide,' keeping amendment is to upgrade :o "Nova Scotia Civic Address And FurtherTake Notice that the Civic Addressing By -Law #139 will proceed to Second and Final Reading tat the Council Meeting to be held on Thursday, April 24, 20:14 at 9:00 a.m., in tare Council Chambers at 151 King Street, Chester. Take notice that copies of By -Laws may be reviewed between the hours of 8:30 a.m. and 4:30 p,m. at the Administration Office of the Municipality of the District of Chester, 151 King Street, Chester or on the website at w Icluutecsa or by contacting the undersigned at (902) 275-3554 or p.tuy[a.Cat It tLT 1. Pamela Municipa pnnyra@cl Chester, NS April 3, 2014 yra erk et I, Pamela M. Myra, Municipal Clerk of the Municipality of the District of Chester do hereby certify that the above is a true copy of an advertisement duly advertised in the Progress Bulletin on Wednesday, April 9, 2014. Given under the hand of the Municipal Clerk and under the corporate seal of the said Municipality this 13th day of April, 2014. Pamela M. Myra Municipal Clerk Notice of Intention to Adopt - Committee of the Whole - May 2, 2013 (2013-234) First Reading of Council - Council - May 23, 2013 (2013-250) Second Reading of Council - June 13, 2013 (2013-274) Approval of Ministers - Department of Justice November 21/22, 2013 and Service NS & Municipal Relations December 24, 2013. Effective Date - April 9, 2014 INTENTION TO AMEND – September 15, 2022 REFER TO FIRST NOTICE OF COUNCIL- September 29, 2022 Amendments:  Addition to 3.03 c  New paragraphs i and j in section 3.03 Municipality of the District of Chester Flag Raising & Protocol Policy Policy P-103 Effective Date: Policy P-103 - Flag Raising & Protocol Policy (continued)__________________________________________ Notice of Intention to Adopt – Committee of the Whole – September 9, 2022 First Notice – Council – September 29, 2022 Second Notice – Council – October 13, 2022 Effective Date: Page | 2 MUNICIPALITY OF THE DISTRICT OF CHESTER POLICY P-103 FLAG RAISINGS & PROTOCOL POLICY 1 PURPOSE 1.01 The Flag Raisings & Flag Protocol Policy establishes a framework to govern requests for flag raisings received from the community, and to establish a consistent protocol for the flying of flags at all municipal buildings, properties, and facilities. 2 PRINCIPLES 2.01 The following underlying principles inform this policy: (a) The Municipality of Chester recognizes that flags, as symbols of nations, territories, and community organizations, are important to residents of the Municipality. (b) The Municipality is committed to building upon, while maintaining, the rich heritage of protocol associated with the flying of flags. (c) As a matter of practice, the Municipality has flown flags at half-mast to mark periods of official mourning or commemorate solemn occasions important to the residents. (d) The Municipality understands 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. (e) The Municipality recognizes the need to provide a fair and consistent response, and fair and equitable opportunities for groups or organizations to fly their event flag from a Community flagpole. 3 POLICY 3.01 Official Flags (a) The Municipality will fly three official flags permanently, each on their own flagpole in front of the Municipal Administration Building: the Federal Flag, the Provincial Flag, and the Official Municipal Flag. (b) Notwithstanding the above policy, on the occasion of a visiting dignitary Council may approve the flag of a Nation (foreign governments or United Nations), or another appropriate flag be flown for the duration of the visit to the Municipality. Upon approval by Council the dignitary's flag be shall flown below one of the flags in front of the Administration Building. (c) Official flags shall be flown in a manner consistent with flag etiquette of the Policy P-103 - Flag Raising & Protocol Policy (continued)__________________________________________ Notice of Intention to Adopt – Committee of the Whole – September 9, 2022 First Notice – Council – September 29, 2022 Second Notice – Council – October 13, 2022 Effective Date: Page | 3 Federal Department of Canadian Heritage. 3.02 Half-Masting of Official Flags (a) The CAO, or their designee, may approve official flags to be flown at half mast to mark the passing of the following individuals: Across Canada: (i) The Sovereign, or a member of the Royal Family related in the first degree to the Sovereign (spouse, son or daughter, father, mother, brother, or sister). (ii) The Governor-General or a former Governor General of Canada (iii) Prime Minister of Canada or former Prime Minister Within the Province of Nova Scotia: (iv) The current Lieutenant Governor (v) The current or a former Premier Within the Municipality of the District of Chester: (vi) The current or a former Warden. (vii) A current or former Councillor of the Municipality. (viii) A current Municipal employee. (ix) A person in or from the Municipality of Chester who is lost in active service while providing “protective services”, including RCMP, Military Personnel and Firefighters. (x) On November 11, Remembrance Day. (b) Other individuals and events (i.e. national or provincial tragedies, national days of mourning) may be recognized by lowering the flag at the direction of Council or the CAO in consultation with the Warden. Generally, such decisions are guided by the practice of the Province of Nova Scotia. (c) Upon approval of the half-masting of the flag, the CAO or designee, will advise the Warden, Council and Municipal staff, of the name of the individual, the individual’s qualification for recognition under this policy and the date of the funeral or memorial service for the individual. (d) When approved under Section 3.02 (a) or (b), official flags flown on municipal properties will be flown at half mast for a period beginning when the Municipality is notified of the individual's death until sunset on the day of funeral. In the case where no funeral is held, or if there is to be a memorial service, the half-masting should take place from the time of notification of death until sunset the following day and from sunrise to sunset on the day of the memorial service. 3.03 Special Purpose Flags (a) The community flagpole at the office of the Municipality is designated the special purpose flagpole for community organizations that request their flag be flown for Policy P-103 - Flag Raising & Protocol Policy (continued)__________________________________________ Notice of Intention to Adopt – Committee of the Whole – September 9, 2022 First Notice – Council – September 29, 2022 Second Notice – Council – October 13, 2022 Effective Date: Page | 4 a certain period. (b) All applications must be reviewed by Council for approval. (c) A special purpose flag shall be flown for a period of up to two weeks, or for the duration of the associated event, whichever is less. No organization will be granted approval to fly a special purpose flag for more than 2 weeks per year to allow fair and equitable opportunities for community organizations and causes to be represented except by resolution of Council. If an observance is recurring, requests can be made to fly a flag on a specific date(s) annually without submitting a request every year. (d) The Community Flagpoles may be used to fly flags: (i) in honour national or independence days important to the residents of Municipality (ii) in support of fund-raising drives important to the residents of the Municipality. (iii) to celebrate multi-cultural, social, and civic events important to the residents Municipality (iv) to help increase public awareness of the programs, activities, or objectives of community organizations. (e) The Community Flagpoles will not be used to fly flags: (i) of political parties or political organizations. (ii) of religious groups or the celebration of religious event. (iii) that promote or symbolize social or racial intolerance, violence, or hatred. (iv) if the intent is to defame the integrity of Council. (v) representing or advertising commercial operations or organizations. (vi) in support of fund-raising drives that are political or religious in nature. (vii) in support of groups, organizations, or events that promote beliefs contrary to any other Municipal policy. (f) Council may deny requests if the event or organization has no direct relationship of the Municipality. (g) The public will be advised of the significance of the community organization's flag being flown through social media or other communication efforts on the part of the Municipality in collaboration with the community organization. (h) When there is no community organization flag on the community flagpole, a branded municipal flag will be flown. (i) In the absence of a representing community organization, and when appropriate, the Equity, Diversity, and Inclusion Advisory Committee may submit a flag flying request for Council’s review. (j) The Municipality will fly a list of pre-approved flags, without a written request. Policy P-103 - Flag Raising & Protocol Policy (continued)__________________________________________ Notice of Intention to Adopt – Committee of the Whole – September 9, 2022 First Notice – Council – September 29, 2022 Second Notice – Council – October 13, 2022 Effective Date: Page | 5 These flags are: (i) Pan-African flag – first two weeks of February (African Heritage Month) (ii) Trans flag – March 31 (Transgender Day of Visibility) and November 20 (International Transgender day of Remembrance) (iii) South Shore Autism flag – first week of April (Autism Acceptance Month) (iv) Pride flag – first two weeks of June (Pride Month) (v) All Children Matter flag - September 30 (National Day for Truth & Reconciliation/Orange Shirt Day) 3.04 Municipal Flag (a) Council may consider requests to fly a Municipal flag by residents of the Municipality or organizations. (b) Council will not approve requests for other uses of a Municipal Flag whose group or organization's undertakings or philosophies are contrary to the Municipality’s policies or by-laws, espouse racism, violence, or hatred. (c) The Municipal flag shall not be flown at events or by groups who advocate or support social or racial intolerance, the overthrow of any government or civil disobedience. (d) Persons flying a Municipal flag shall ensure that the propriety rights for the Municipality are protected. The Municipality reserves the right to reclaim any Municipal flag. (e) Designated public buildings (Provincial and Federal Governments, Royal Canadian Legions, Fire Departments, Community Halls, Schools, and Libraries) may fly the Municipal flag and would be available free of charge to fly on Federal, and Provincial Government buildings and at cost to other public buildings. (f) Upon approval of council, individuals or organizations may purchase a Municipal flag at cost plus an administrative fee established in the Fee Policy but cannot be purchased for resale. (g) The Municipal flag may be loaned on a temporary basis for a major community function upon the approval of Municipal Council or designated staff. A signing out process shall be in place. 4 PROCEDURES (a) Applications to fly a special purpose flag are to be submitted a minimum of one month prior to the date the group anticipates having the flag flown. A calendar Policy P-103 - Flag Raising & Protocol Policy (continued)__________________________________________ Notice of Intention to Adopt – Committee of the Whole – September 9, 2022 First Notice – Council – September 29, 2022 Second Notice – Council – October 13, 2022 Effective Date: Page | 6 will be maintained by Municipal Clerk, or designee, to confirm availability. (b) Consideration will be given to the order in which requests are received. (c) All requests to fly a special purpose flag must be received in writing and state: (i) The significance of the flag. (ii) The requested duration to fly the flag. (iii) A contact person to coordinate logistics (name, organization, phone number, email). (d) Flag flying requests are approved on a first-come, first-serve basis. (e) Provided that the flag and all necessary ropes and attachments have been provided by the requesting organization, Municipal staff will raise and lower the flag in accordance with the terms of the permission granted. 5 DEFINITIONS 5.01 “CAO” means the Chief Administrative Officer of the Municipality of the District of Chester. 5.02 “Community Flagpole” means any flagpole on Municipal property designated for Community Flag Raisings. 5.03 “Council” means the elected officials that make up the Council of the Municipality of the District of Chester. 5.04 “Branded Municipal Flag” means the flag of the Municipality of the District of Chester that displays the Municipality’s branded logo. 5.05 “Federal Flag” means the Canadian flag. 5.06 “Municipality” means the Municipality of the District of Chester. 5.07 “Official flags” means the Federal, Provincial or Official Municipal flag. 5.08 “Official Municipal Flag” means the flag of the Municipality of the District of Chester that displays the Municipal Crest. 5.09 “Provincial Flag” means the Nova Scotia flag. Policy P-103 - Flag Raising & Protocol Policy (continued)__________________________________________ Notice of Intention to Adopt – Committee of the Whole – September 9, 2022 First Notice – Council – September 29, 2022 Second Notice – Council – October 13, 2022 Effective Date: Page | 7 Annotation for Official Policy Book Reason for Adoption Notice of Intention to Adopt Date of First Notice at Council Date of Second Notice at Council Effective Date I certify that this Policy was adopted by Council as indicated above. _______________________________________ Pamela M. Myra, Municipal Clerk Date INFORMATION REPORT REPORT TO: Municipal Council MEETING DATE: September 29, 2022 DEPARTMENT: Financial and Information Services SUBJECT: Tax Payments with Credit Card ORIGIN: Council direction to staff Date: September 1, 2022 Prepared by: Tim Topping, CPA CA, Director of Financial & Information Services Date: September 14, 2022 Reviewed by: Dan McDougall, CAO Date: September 14, 2022 Authorized by: Dan McDougall, CAO CURRENT SITUATION This information report has been prepared to provide information on the logic behind not directly accepting credit card payments for municipal tax bills. BACKGROUND The Municipality offers a wide variety of options for residents to pay their property taxes. These options include in-person at the Municipal Office (cash, cheque, debit), through their bank (in-person, online, or by phone), through the automated pre-authorized payments program, through their mortgage company, by Interac eTransfer, or by credit card. Credit card payments are handled through a third-party provider, Paymentus, which must be done online or by phone directly with Paymentus. None of the available payment methods include any additional fees charged by the Municipality, however, some payment methods (mortgage lender, Interac eTransfer, and credit card) can involve some fees paid to financial service providers. For tax bills paid by credit card, the fee charged by Paymentus ranges from 2.65% - 3.00% (min. $3). The only time the Municipality will charge anything beyond just the taxes owed, is for late payments. This is charged at 1% per month, non-compounding. DISCUSSION In general, there are two categories of people who would use a credit card to pay their tax bill: 1) People who cannot afford to pay the entire bill by the due date, and don’t wish to carry a tax balance into past-due status 2) People who get rewards (cash back, Air Miles, etc.) for spending on their credit cards For the first category of people, we provide more affordable options than a credit card would generally offer for them. Our late payment fee is 1% per month (12% annually), which is significantly lower than the usual 20%-30% annual interest charged by credit cards. Additionally, we do not use compounding interest, whereas credit cards do (i.e. we do not charge interest on interest). This means that we provide an option that is better financially for both the resident and the municipality. We also provide the option to set up automatic regular payments, for ease and consistency (late fees still apply for balances outstanding past the due date). Currently, there are 99 accounts using the pre-authorized payment plans (60 pay in-full when due, 38 pay monthly, and 1 pays twice per month). R e q u e s t f o r D e c i s i o n P a g e | 2 For the second category of people, the rewards they receive from using their credit cards are funded from the processing fees charged by the credit card companies. Under our current practice, the taxpayer can make the decision for themselves whether the transaction fee is worth the benefits received. If Chester were to provide this payment option directly, the increased transaction fees would be funded from the general tax revenue, which would leave all property owners in the municipality funding the rewards the people in this category receive from using their credit card. We do accept credit card payments directly for other municipal programs (recreation, permits, etc). In these cases, the increased transaction costs of these payments are included in the program budgets for the specific program areas, and the total cost of these fees is very low (~$750/year). While researching this report, we sent out a request through the AMA listserve and received responses from 17 other Nova Scotia municipalities. Of the 17 replies, 12 have the same practice as MODC (tax payments by credit card are only accepted through a third-party provider, with any service fees being paid directly to the payment provider). Another four respondents do not accept credit cards for any type of payment. Only one of the 17 municipalities that responded include the credit card processing fees in their general budget. REQUEST FOR DECISION REPORT TO: Council MEETING DATE: September 29, 2022 DEPARTMENT: Infrastructure and Operations SUBJECT: RFP for Otter Point WWTP Upgrade ORIGIN: Wastewater Service Study/NSE Regulations Date: September 21, 2022 Prepared by: Fred Whynot, P. Eng., Director of Public Works Date: Reviewed by: Matthew Blair, Director of Infrastructure and Operations Date: September 26, 2022 Authorized by: Dan McDougall, CAO RECOMMENDED MOTION That council award the Otter Point Wastewater Treatment Plant (WWTP) Design to ABLE Engineering for an estimated cost of $34,150 plus HST. CURRENT SITUATION The Department of Infrastructure and Operations issued a Request for Proposals (RFP) seeking the services of a qualified firm or individuals to design and administer the contract documents for upgrades to the Otter Point Wastewater Treatment Plant. Three proposals were received and have since been evaluated by Staff. BACKGROUND The existing WWTP was built in 1975 and consists of a raw wastewater settling tank, a trickling filter, an effluent settling tank, and a chlorine contact chamber for disinfection. Basically, the first tank acts much like a septic tank. Some solids settle out and once it fills up it disperses through layers of sand and gravel that act like a filter. It then settles some more in a smaller tank and then gets disinfected prior to release into the ocean. The solids get sucked out of the tanks periodically and taken to the Septage Facility in Kaizer Meadows for proper disposal. There are 26 current users on the system (approximately 1000 m of gravity sewer, 145 m of forcemain, and one lift station) with theoretical room for 17 more on the existing system. At present though, the WWTP is not meeting our treatment limits and discharging chlorine into the ocean. Both conditions are of concern to the Department of Environment and Climate Change who issue our approval to operate. Staff issued an RFP to three companies to review the plant performance and determine what is necessary to bring the WWTP into compliance while allowing for future treatment of the 17 potential new connections. It is not the intention of this RFD to design for long term expansion of the wastewater system to potentially developable land in the area, a design and construction estimate which the Wastewater Services Study has estimated to cost $15,700,000 The initial project of wastewater treatment upgrades for the Otter Point Wastewater Treatment Plant was approved by Council on May 4, 2022: 2022-204 MOVED by Councillor Wells, SECONDED by Deputy Warden Shatford the following resolutions be approved: BE IT RESOLVED THAT the Municipality of the District of Chester submit the project titled Henneberry Lake Culvert Renewal Project for funding to the 2022-23 Flood Risk Infrastructure Investment Program (FRIIP); and R e q u e s t f o r D e c i s i o n P a g e | 2 BE IT FURTHER RESOLVED THAT Council supports the project and commits to provide its share of at least 50% ($44,250) of the estimated $88,500 total eligible project cost. BE IT RESOLVED THAT the Municipality of the District of Chester submit the project titled Otter Point Wastewater Treatment Plant Upgrades Design Project for funding to the 2022-23 Provincial Capital Assistance Program (PCAP); and BE IT FURTHER RESOLVED THAT Council supports the project and commits to provide its share of at least 50% ($25,000) of the estimated $50,000 total eligible project cost. ALL IN FAVOUR. MOTION CARRIED. DISCUSSION To address non-compliance issues with the Otter Point WWTP, Staff issued an RFP for the assessment and design of necessary upgrades for the same. The initial design estimate was $50,000, including our portion of HST, and through Council support, an application for financial assistance was submitted to the PCAP program for consideration of 50% funding. Confirmation of PCAP funding for 50% of the eligible costs up to a maximum contribution of $28,680 was received on August 24, 2022. Cost estimates for construction in the 2023-2024 fiscal year will be brought forward for consideration by Council later this year. Once actual tender prices are received, this amount will also be brought forward for consideration by Council prior to any construction. MODC Infrastructure & Operations received three (3) submissions for design. The proposals were evaluated on: - Experience and qualifications of the organization - have they completed this type of project in the past. - Methodology - have they followed the directive in the RFP; fulfilled all of the requirements requested in the RFP. - Proposed Project Team - has this team worked on similar projects in the past; have the team worked together on those projects. - Reference Projects (3) - the references provided are called and asked about the project and the quality of work commissioned. The RFP scoring criteria was split 55% for Experience and Qualifications, Methodology, Proposed Project Team, and Reference Projects, with a minimum threshold of 45%, and 45% based on the price. The evaluation matrix is shown in the table below. Rated Criteria Category Weighting Minimum Threshold Experience and Qualifications 10% N/A Methodology 20% N/A Proposed Project Team 15% N/A Reference Projects (3) 10% N/A Subtotal A 55% 45% Pricing 45% Less than $47,900 + HST R e q u e s t f o r D e c i s i o n P a g e | 3 Total Weighting 100% N/A Company Average Score Price ABLE Engineering 92 $34,150.00 Company 2 79.3 $94,852.00 Company 3 70.5 $45,598.00 ABLE Engineering has proposed a price of $28,200 + HST for design, tender document creation, project management, etc. Their remaining proposal price of $5,950 + HST is for construction inspection services should the project proceed to tender and construction through Council approval. OPTIONS Option A – Direct staff to award the contract to ABLE Engineering at a cost of $34,150 + HST. Option B – Direct back to staff for further information. IMPLICATIONS By-Law/Policy Not Applicable Financial/budgetary This project has not been budgeted for in the 2022/2023 budget year. It is recommended that MODC fund this from Wastewater Reserves to cover what the PCAP grant does not (estimated at $17,806.84) . The Wastewater Reserve balance at Mar 31, 2022 was $1.28M. Environmental Project will improve the Municipality’s ability to treat wastewater within the existing wastewater system and meet current environmental regulations which we are not currently meeting. Strategic Priorities The design and future construction will assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Governance & Engagement 1. Ensure municipal service delivery is efficient and effective, communicated and accessible. 2. Continue to develop an asset management system that will inform decisions about infrastructure, development, levels of service, risk assessment, and associated financing. Priority Outcomes: Infrastructure & Service Delivery 1. Develop and implement evidence-based plans for future infrastructure and service needs, along with related funding models, to accommodate sustainable growth and levels of service. 2. Create efficiencies through innovative service delivery, and proactive maintenance and operations of existing infrastructure. R e q u e s t f o r D e c i s i o n P a g e | 4 Work Program Implications MODC will be compliant in the regulations related to the Otter Point WWTP Has Legal review been completed? ___ Yes _ _ No _X_ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) No communication needs are anticipated at this stage of the project. ATTACHMENTS N/A REQUEST FOR DECISION REPORT TO: Council MEETING DATE: September 8, 2022 DEPARTMENT: Infrastructure and Operations SUBJECT: RFP for Gold River Bridge Design ORIGIN: Modal Shift and New Connections 2020-2027 Date: August 19, 2022 Prepared by: Tammie Bezanson, CET Date: August 22, 2022 Reviewed by: Matthew Blair, Director of Infrastructure and Operations Date: September 26, 2022 Authorized by: Dan McDougall, CAO RECOMMENDED MOTION That council award the design of the Gold River Bridge detailed in the RFP to DesignPoint Engineering & Surveying Ltd. CURRENT SITUATION The Department of Infrastructure and Operations issued a Request for Proposals (RFP) for the design of a new (replacement) bridge over the Gold River as identified in the Modal Shift and New Connections Report. BACKGROUND The Modal Shift and New Connections 2020-2027 project was approved by Council on September 3, 2020 to be submitted for ICIP funding. On April 14, 2022 council approved the ICIP funding agreement with the provincial and federal government: Motion: 2022-154 ENTER INTO ICIP FUNDING AGREEMENT WITH PROVINCIAL AND FEDERAL GOVERNMENTS MOVED by Councillor Wells, SECONDED by Councillor Assaff that Council authorize the Warden and the Clerk to enter into an infrastructure funding agreement with the Provincial and Federal Governments. ALL IN FAVOUR. MOTION CARRIED. On March 3, 2022 a report was presented to Council through the Committee of the Whole by Parks and Recreation concerning the Gold River Bridge, part of the above funding agreement, which presented short and long term options for consideration. Under Short-Term: Detour, the options were 1) Establish and promote a detour and 2) No action. Under Long-Term: Repair/New Construction, the options were 1) Make all necessary repairs to the existing bridge structure; 2) Pursue new construction and 3) Maintain the status quo and take no action. On March 10, 2022, Council made the following motion: 2022-098 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that Council approve the following recommendations from the March 3, 2022 meeting of the Committee of the Whole: 2022-089 “… proceed with the short term solution for pedestrians and cyclists to detour down Croft Road, across the Gold River vehicular bridge, to Beech Hill Road and on to a detour through the Acadia First Nations property to the trail; and further direct staff to prepare a Request for Proposals for the consideration of a new trail bridge to replace the currently closed Gold River train/trail bridge.” R e q u e s t f o r D e c i s i o n P a g e | 2 This RFP covers the design of the new bridge only. The tender for construction will follow in 2023 after internal review and direction. Submitted to ICIP was the following budget breakdown for the Gold River Bridge Replacement Project: Federal (40%): $811,637 Provincial (33%): $669,600 MODC (27%): $547,855 Total Project Budget: $2,029,092 The design budget was submitted to ICIP as: $176,875.00. The successful contract award amount is estimated at $140,730.00 plus HST. Our portion would be approximately $38,000 + HST with remaining costs covered by Federal and Provincial partners. All but one proposal was over the budgeted amount of $176,875. The 5% local bonus did not apply as the contract amount was over $50,000. DISCUSSION MODC Infrastructure & Operations received four (4) submissions for design. The proposals were evaluated on: - Experience and qualifications of the organization - have they completed this type of project in the past. - Methodology - have they followed the directive in the RFP; fulfilled all of the requirements requested in the RFP. - Proposed Project Team - has this team worked on similar projects in the past; have the team worked together on those projects. - Reference Projects (3) - the references provided are called and asked about the project and the quality of work commissioned. The RFP scoring criteria was split 70% for experience and qualifications, methodology, proposed project team, and reference projects, and 30% based on the price. The evaluation matrix is shown in the table below. Rated Criteria Category Weighting Minimum Threshold Experience and Qualifications 20 15 Methodology 20 15 Proposed Project Team 15 12 Reference Projects (3) 15 10 Subtotal A 70 52 Pricing 30 N/A R e q u e s t f o r D e c i s i o n P a g e | 3 Total Weighting 100 N/A The four (4) submissions received the following evaluation scores: SCORE PRICE 1 DesignPoint Engineering & Surveying Ltd. 94.5 $140,730.00 2 Company 2 86 $199, 315.45 3 Company 3 62.5 $403,600.00 4 Company 4 77 $183,660.00 *Company 4 were disqualified as they didn’t meet the minimum threshold score for Methodology and Project Team* DesignPoint Engineering & Surveying Limited are proposing to complete much of the work with in house resources with a project team with a combined 56 years of experience. They will subcontract an archaeological review to Davis MacIntyre & Associates Limited, a company with a combined staff experience of over 75 years. Their proposed approach to a successful project will include a Design Brief, Survey Services, Geotechnical Investigation, Archaeological Resource Impact Assessment, Bridge Design, Tender Documents, and Construction Support and Review. A brief highlight of their proposed approach is as follows: Design Brief: Desktop review of area between Highway #103 and Highway #3, including property boundaries, to determine potential crossing locations. On-site review of 2-3 locations with staff to review existing field conditions. Will consider permitting and regulatory considerations with each option. For example, if an option would eliminate an in-stream pier, related approvals would be quicker to obtain. Options would be presented to Council for approval of final location. Survey Services: Once a final location is approved, they will perform a topographic survey of the site and legal survey if required. They will also survey the existing trail and area should any trail re-alignment be required. Geotechnical Investigation: They will complete an geotechnical investigation to determine the existing soil characteristics to support the future foundation design. This report will determine soil layer types, thicknesses, and strengths as well as groundwater depth. Archaeological Resource Impact Assessment: They will establish contact with the Archaeological Research Division of Kwilmu’kw Maw-klusuqn Negotiation Office and Acadia First Nation to engage the Mi’kmaw community. Two archaeologists will conduct a field review of the proposed area and any Mi’kmaw archaeological resources identified during the assessment will be reported to Acadia First Nation and the Nova Scotia Department of Communities, Culture, Tourism and Heritage. Bridge Design: They will consider several different structures with a minimum travel width of 4 m and approaches with grades of less than 5%. They will consider construction logistics and discuss the project with local contractors to ensure a feasible, constructable, and budget conscious design. Options would be presented to Council for approval of final design. R e q u e s t f o r D e c i s i o n P a g e | 4 Tender Documents: Tender documents of the final design will be prepared for contractor bids. Tender results will be presented to Council for approval. Construction Support and Review: Typical construction review activities of the approved contract to ensure construction meets the design as intended. Their cost proposal is summarized as follows: Engineering Design and Document Creation: $79,410 Geotechnical Investigation: $15,000 Project Management: $6,850 Construction Inspection: $34,620 Total Estimated Amount: $140,730 + HST. OPTIONS Option A – Direct Staff to award the contract to DesignPoint Engineering & Surveying Ltd at a cost of $140,730.00 +HST. Option B – Direct back to staff for further information. IMPLICATIONS By-Law/Policy Not Applicable Financial/budgetary This project has been approved in the 2022-2023 Capital Budget, Moved by Councilor Veinotte, Seconded by Councilor Conners in the April 14, 2022 Council meeting. Environmental Design/installation of the new bridge will need to be approved by the Department of Environment and Climate Change. Strategic Priorities The design and future construction will assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Governance & Engagement 1. Ensure municipal service delivery is efficient and effective, communicated, and accessible. Priority Outcomes: Healthy & Vibrant Communities 1. Ensure residents have access to facilities, natural assets, programs, and services that enrich a quality of life and provide safe communities for residents and visitors alike. R e q u e s t f o r D e c i s i o n P a g e | 5 2. Develop an accessibility, diversity, and equity lens for municipal plans and services, and support partners in advancing accessible and inclusive communities. Priority Outcomes: Infrastructure & Service Delivery 1. Create efficiencies through innovative service delivery, and proactive maintenance and operations of existing infrastructure. 2. Plan for and create infrastructure that improves the connectivity of roads, multi-use trails, natural assets, and facilities as part of an active transportation network. Work Program Implications Replacement of the Gold River Bridge will restore an existing gap in our trail system. Has Legal review been completed? ___ Yes _ _ No _X_ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) If the design impacts properties outside the existing trail corridor, communications will be initiated to the property owners. Communications will also need to be had throughout the process with Acadia First Nation. ATTACHMENTS None 34 Central Street Chester NS B0J 1J0 September 20, 2022 BY EMAIL Municipality of Chester Council 151 King Street Chester NS B0J 1J0 Dear Councillors, I am writing to request that the lights in the Gazebo, on the Parade Square, be turned off. The lights are on a timer. Lights turn on at 6 a.m. and turn off during the morning. Lights turn on in the early evening and stay on until 11 p.m. My reasons for this request are the following: 1. The lights interfere with the enjoyment of night skies. Features such as the moon, moonlight on the water, sunrise, the Tancook Ferry with its beautiful lights riding through the waters, the stars, and meteors can no longer be enjoyed by those in the vicinity of the Parade Square because of this artificial illumination. 2. The lights are a nuisance, interfering with the reasonable enjoyment of property by the residential neighbours closest to the Gazebo. The immediate neighbours include Tim Harris and Barbie Nunn-Porter at 10 Parade Square. Their son, Ben, has rooms immediately adjacent to the Gazebo. The enjoyment of the night skies in our house at 24 Central Street is similarly adversely affected by the lighting of the Gazebo. We all join in asking you to direct that the lights be turned off. 3. Lighting the Gazebo is “city like”. It is not in character with the Village of Chester. The illumination is what one would expect of a 24-hour convenience store or a gasoline station, not a lovely architectural structure such as the Gazebo. The design and construction do not require artificial illumination. 4. There are two exceptions to that observation. In August, as the evenings become dark sooner and sooner, the Chester Brass Band concerts on Sunday evenings do require artificial lighting by 8:00 so that musicians are able to read their musical scores. Similarly, for special events (concerts or performances) in dark evenings and at Christmas when events take place on and around the Gazebo, lighting is required for visibility and safety. 2 5. We are in a climate crisis. Although these are low-cost LED lights, we must all take steps show that we care about the climate crisis and are conscious of our environmental responsibilities. Sensitivity to the climate crisis requires reducing unnecessary energy consumption. Lighting the Gazebo is unnecessary. 6. Dark skies are recommended by conservation organizations to better protect the migrating bird and insect populations. Reference is made to: https://birdcast.info/science-to-action/lights-out/ ; https://www.natureconservancy.ca/en/blog/dangers-of-artificial-light.html#.Yym8R- zMI6U And, https://www.natureconservancy.ca/en/blog/archive/light-pollution-insect- conservation.html I appreciate your consideration of this request and will be happy to address Council in person. Yours respectfully, Nancy Murray 902-471-2787 (cell) Nancymurray471@gmail.com September 22, 2022 Municipality of the District of Chester PO Box 369 Chester, NS B0J 110 Dear Sir/Madam: My name is Roxie Bremner, I am an t.8 year -old resident of Chester I would normally qualify for the municipal property tax exemption, however, I missed the deadline for making the application for the 2021 tax year. This was my mistake; however, during that time I was of ill health and very preoccupied and stressed over my well being. I understand from my Councilor that I can appeal to have the decision overturned based on these circumstances and would very much appreciate your consideration. Yours truly, mcinnescooper.com Our File: 211561 September 8, 2022 BY E-MAIL: council@chester.ca Chester Municipal Council 151 King Street Chester NS B0J 1N0 To Members of Council: RE: M. Keddy Farm and Forest Limited Please find a petition by M. Keddy Farm and Forest Limited made to Municipal Council pursuant to the Private Ways Act, R.S.N.S. 1989, c.358. I would be pleased to give a presentation to Council regarding this request at the convenience of Council. Please contact my administrative assistant, Cathy Ohlhausen at 902-455-8215 or catherine.ohlhausen@mcinnescooper.com, to advise when this petition will be placed before Council and whether I can be given an opportunity to address the petition at that time. We look forward to hearing from you. Yours very truly, Ian R. Dunbar IRD/co c. Clients (#39345974) Ian R. Dunbar Direct +1 (902) 444 8421 ian.dunbar@mcinnescooper.com 1969 Upper Water Street Suite 1300 Purdy's Wharf Tower II Halifax NS Canada B3J 2V1 Tel +1 (902) 425 6500 | Fax +1 (902) 425 6350 (revised petition (clean)) mcinnescooper.com Our File: 211561 September 9, 2022 By Courier Municipal Council Municipality of the District of Chester 151 King Street PO Box 369 Chester, NS B0J 1J0 Members of Council: Re: Petition by M. Keddy Farm and Forest Limited to Municipal Council Pursuant to the Private Ways Act, RSNS 1989, c 358 We represent M. Keddy Farm and Forest Limited (“Keddy”), registered owner of the properties bearing PIDs 60122231 and 60122132, located in Aldersville, Lunenburg County, Nova Scotia (the “Properties”). The Properties are forested lands, which have historically been used for timber harvesting and other forestry-related enterprise. Keddy has conducted forestry activity, including timber extraction, upon certain parts of PID 60122231. Keddy wishes to continue to extract do silviculture and planting at the Properties, and to extract timber from other portions of those lands. However, as discussed below, Keddy only has a recorded right-of-way to access a portion of the Properties. Accordingly, Keddy presents this Petition to Municipal Council pursuant to Part II of the Private Ways Act, RSNS 1989, c. 358 (the “Act”), for the establishment of a private way over certain lands between the Properties and Nova Scotia Highway 12. In addition to this correspondence, Keddy relies on the Statutory Declaration of Michael G. Keddy, dated September 2, 2022, in support of its Petition. Background The Properties are adjacent forested lots. Neither property abuts a main road. Except for the waters of Hunts Lake along the southern boundary of the larger of the two lots, the Properties are landlocked. The only existing means to access the Properties is a 12-foot gravel access road from Nova Scotia Highway 12 (the “Access Road”). Ian R. Dunbar Direct +1 (902) 444 8421 ian.dunbar@mcinnescooper.com 1969 Upper Water Street Suite 1300 McInnes Cooper Tower - Purdy's Wharf Halifax NS Canada B3J 2V1 Tel +1 (902) 425 6500 | Fax +1 (902) 425 6350 Ian R. Dunbar Direct +1 (902) 444 8421 ian.dunbar@mcinnescooper.com 1969 Upper Water Street Suite 1300 McInnes Cooper Tower - Purdy's Wharf Halifax NS Canada B3J 2V1 Tel +1 (902) 425 6500 | Fax +1 (902) 425 6350 MCINNES COOPER Page 2 211561 September 9, 2022 (revised petition (clean)) From Highway 12, the Access Road crosses two wooded properties: PID 60122249, owned by Ashley and Ruth Aalder (the “Aalder Lot”), and PID 60122256, owned by Sybil Butler and Ruth Young (the “Butler Lot”) (together, the “Servient Lands”). Keddy already has a recorded right-of-way over the Servient Lands to access a portion of the Properties via the Access Road. However, Keddy’s right-of-way does not expressly extend to all portions of the Properties. Keddy therefore wishes to formalize a right of access to the remaining portions of the Properties over the existing Access Road. Keddy has unfortunately been unable to reach a reasonable agreement with the owners of the Servient Lands to do so. It therefore brings this Petition pursuant to Part II of the Act. Jurisdiction of Council Section 17 of the Act provides that a landowner may petition the council of the municipality in which the land is located for a right of access to that property as follows: Petition for private way or road 17 (1) Any freeholder or freeholders of any municipality may present a petition to the council praying for the obtaining and laying out of a private way or road, either open or pent. (2) Where the council is satisfied that the application should be granted, it shall order a precept to be issued to a competent person as a commissioner, directing him, within a convenient time, to (a) examine whether the proposed private way or road is the most practicable and reasonable means of access for the person or persons petitioning for the way or road to his or their lands or property or rights; (b) if satisfied with respect thereto, lay out the same in the manner most advantageous to the person or persons applying for the way or road and least detrimental to the owner or owners of the land through which the same shall pass; and (c) mark out the same on the land. The Act was recently discussed by the Honourable Justice Peter Rosinski in the case of Cron v. Halifax (Regional Municipality), 2010 NSSC 460. In Cron, the municipality agreed with the petitioner that it had the legal authority to entertain the petition. The owners of the intended servient property challenged the municipality’s jurisdiction. The Court sided with the petitioner and municipality and the petition was ultimately successful. The Court wrote, at paragraph 5: [5] Ms. Sheehan has proposed that she would like to make a petition to the HRM Municipal Council to obtain an easement over the lands owned by the Crons for the purpose of vehicular access. Such a petition is possible by virtue of the Private Ways Act, R.S.N.S. 1989 c. 358 as amended… MCINNES COOPER Page 3 211561 September 9, 2022 (revised petition (clean)) For the reasons set out below, Keddy respectfully states that its Petition should be granted and that a commissioner should be appointed by Council pursuant to Section 17 of the Act to determine the above noted issues and follow the ensuing procedures described in the Act. Merits of the Petition Keddy is a local, family-owned, enterprise. It is in the business of, among other things, sustainably harvesting timber for firewood. The Properties are resource forests containing approximately 530 acres which consist of 120 acres of timber, over 200 acres of other lands which Keddy has begun to silviculture, over 200 acres of land to be replanted, and lake frontage that can be further developed. The parcel that is currently identified as PID 60122231 used to exist as three separate lots. Keddy acquired and consolidated those lots into a single parcel in or about 2021. Prior to consolidation, only the northernmost of the three lots held a recorded right-of-way over the Servient Lands. At present, Keddy has a recorded right-of-way permitting it to access a portion of its property bearing PID 60122231 via the Access Road. This right-of-way is broad, in that Keddy may access the lands “for any purpose associated with the land.” Keddy has also entered into an easement agreement with the owners of the Butler Lot, which permits Keddy to access all portions of the property bearing PID 60122231. Keddy is in the process of entering into a revised or further agreement with the owners of the Butler Lot to permit access to both Properties, based on Keddy’s recent acquisition of the lot bearing PID 60122132. However, Keddy has been unable to reach an agreement with the owners of the Aalder Lot with respect to an easement allowing Keddy to access all portions of the Properties. Through this Petition, Keddy is not seeking to widen the Access Road or otherwise enhance the physical burden placed upon the Servient Lands. Simply put, Keddy is merely requesting that Council appoint a Commissioner to determine whether to extend Keddy’s existing right-of-way over the Aalder Lot (via the existing Access Road) to benefit the entirety of the Properties. Without formally extending Keddy’s existing right-of-way to the remaining portions of the Properties, Keddy would be left with no practical use for those lands. Keddy says it is undesirable, as a matter of public policy, for land, particularly land endowed with economically viable natural resources, to be inaccessible and incapable of being used. Keddy has invested significant funds into road infrastructure at the Properties, including expenses to improve and maintain the Access Road. Keddy has invested over $10,000 on the Aalders’ portion of the right-of-way area alone. Extending the existing right-of-way in the manner Keddy proposes would result in no deleterious effects upon the Servient Lands, while rendering otherwise unusable land economically viable, and available for potential future uses and development, resulting in the general increase of land values in the area. MCINNES COOPER Page 4 211561 September 9, 2022 (revised petition (clean)) Moreover, Keddy is prepared to pay reasonable compensation to the landowners whose lands will be subject to the intended right of way over the Access Road, in accordance with the Act. Keddy says that its requested private way over the Servient Lands is necessary, just, and reasonable. Keddy therefore respectfully says that its Petition should be granted and requests that the matter be referred by Council to a commissioner, in accordance with Section 17 of the Act. Conclusion Keddy looks forward to hearing from Council once it has had an opportunity to review this Petition and would be pleased to supply any further information that is reasonably required. Yours very truly, Ian R. Dunbar REQUEST FOR DECISION REPORT TO: Municipal Council MEETING DATE: September 29, 2022 DEPARTMENT: Community Development & Recreation Dept. SUBJECT: New Road Name Assignment ORIGIN: New Private Road Name Request Date: 2022-09-21 Prepared by: Sylvia Dixon, Development & Planning Technician Date: 2022-09-21 Reviewed by: Chad Haughn, Director of CDRD Date: 2022-09-21 Authorized by: Dan McDougall, CAO RECOMMENDED MOTION It is recommended that Municipal Council approve the proposed private road name Rascals Ridge. CURRENT SITUATION A private right-of-way accessed off of East Side Martins River Rd in Martins River (map attached) that will provide access for a future development of three or more addressable structures requires a name. The landowners have proposed the road name of Rascal's Ridge. BACKGROUND When there are three or more addressable structures using an unnamed shared right-of-way/driveway, the Nova Scotia Civic Address Users Guide states that this point of access must be named. According to Municipal Policy P-44, the road name is suggested following a majority agreement (66%) from the landowners that are served by the shared right-of-way. In this instance, the property owner has proposed the following road names: Rascal's Ridge, Craig’s Lane, and Joshua’s Way. The proposed names were suggested by a majority of the property owners, representing 100% of the properties. DISCUSSION Rascal's Ridge would be a unique road name in the Municipality of Chester and Nova Scotia. It is of note that the proposed new road names are similar to the following road names: - Raspberry Crt, Italy Cross, Municipality of the District of Lunenburg, Lunenburg County - Craig Lane, Chester Basin, Municipality of the District of Chester, Lunenburg County - Craig Chandler Dr, Pine Grove, Municipality of the District of Lunenburg, Lunenburg County - Craig Dr, Kentville, Town of Kentville, Kings County - Joshua Rd, Alderney Point, Municipality of the County of Richmond, Richmond County - Joshua St, Enfield, Halifax Regional Municipality, Halifax County Comments received for Rascal's Ridge: - District 5 Councillor – Councillor Abdella Assaff: no objection with the proposed name - Municipal Public Works – Fred Whynot: no objection with the proposed name, with the preference for the spelling to be without an apostrophe, Rascals Ridge R e q u e s t f o r D e c i s i o n P a g e | 2 - Martins River Fire Dept. – Fire Chief Scott Rafuse: “Yes, I approve.” It is of note, that the Nova Scotia Road Naming Policy discourages road names with special characters such as genitive apostrophes. OPTIONS 1. Municipal Council can approve the road name Rascal's Ridge or approve a simplified version without an apostrophe with the spelling of Rascals Ridge. 2. Municipal Council can decide not to approve the name and direct staff to assign a name of Council’s choosing. IMPLICATIONS By-Law/Policy Policy P-44 – New Road Names and Road Name Changes. Financial/budgetary A new road sign (with accessory materials) will be purchased and posted by the Infrastructure & Operations Department. Environmental N/A Strategic Priorities N/A Work Program Implications N/A Has Legal review been completed? N/A COMMUNICATIONS (INTERNAL/EXTERNAL) N/A ATTACHMENTS 1. Petition Received 2. Location Map 87 52 63 109 73 101 57 69 91 Pin e D r East Sid e M a rti n s R i v er R d Rev.:Date:Description: 0 MUNICIPALITY OF THEDISTRICT OF CHESTER From Date: N /ATo Da te : N/ADate Printed: 22/09/21 ® Legend ^_New Civic Address Civic Address Road Driveway/Trail Building Footprint Property Boundary Waterbody 30 0 3015 Metres 22/09/21 Digital Folders Entry ID:1255848 Status: Ex istsProject ID: N/AClassification #: N/A Representation of Municipality of Chester within Nova ScotiaScale: 1:12 ,500 ,0 00 Scale: 1:1,500 New Private Road Name Requirement New Private Road Naming Sources:Digital Base Map Data from Service N ova Scotia andMunicipal Relations Prepared by the Municipality of the District of Chester Coordinate System/Datum: UTM NAD83 CSRS ZONE20N Map Disclaim er:Information shown on these drawings is compiledfrom numerous sources and may not be complete oraccurate. The Municipality of the District of Chester isnot responsible for any erro rs, omissions ordeficiencies in these drawings. Date printed do es notreflect date ofdata. Actual Map Size: w 11" x h 8.5" ) Community:Martins RiverPID:60721107AAN:10969999Fire Dept:Martins River Fire Dept.Description:New private road namerequirement for future development ofthree dwellings. New Private Road NameProposed: Rascal's Ridge NEW PRIVATE ROAD NAME PETITION Three (3) road name choices (Maxi xx a 16 Characters/Letters including spaces and road suffix): PID #: 60721107 Name: 3320682 Nova Scotia Limited Signatures: REQUEST FOR DECISION REPORT TO: Municipal Council MEETING DATE : September 29 , 2022 DEPARTMENT: Community Development & Recreation SUBJECT: Designated Community Fund ORIGIN: Designated Community Fund Requests Date: September 21, 2022 Prepared by: Chad Haughn, Director of Community Development & Recreation Date: Authorized by: Dan McDougall, CAO RECOMMENDED MOTION That Council provide a Designated Community Fund Grant to the New Ross Trails Society in the amount of $300. 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 and after a period of time, the community organization requests a Designated Community Fund Grant from the Municipality equivalent to the funds collected. DISCUSSION The New Ross Trails Society has followed the policy by establishing a Designated Community Fund Account and is now formally requesting the grant payment (see attached request). The Society is planning to instal l benches on the New Ross trails system. The Department of Finance has confirmed that there is $300 in the New Ross Trails Society Designated Community Fund Account. OPTIONS 1. Approve the Designated Community Fund Grants as requested. 2. Do not approve the Designated Community Fund Grants and request additional information from staff. IMPLICATIONS By-Law/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 grant in the amount of $300 is equivalent to the amount of funds collected. Approval of this request will have no impact on the Council budget for 2022-23. Environmental NA Strategic Priorities NA R e q u e s t f o r D e c i s i o n P a g e | 2 Work Program Implications NA Has Legal review been completed? ___ Yes _ _ No _X_ N/A ATTACHMENTS 1. Email requesting a Designated Community Fund Grant from Christina Caldwell, Chair of the New Ross Trails Society. 1 Pam Myra (she/her) From:Christina Caldwell Sent:September 14, 2022 11:29 AM To:Cosette Howlett; Sheena Isenor Subject:New Ross Trails Society Request ** EXTERNAL EMAIL ** Please do not open attachments or click links from an unknown or suspicious origin. Hi Cosette, I understand there have recently been donations totalling $300 ($150 x 2 = $300) dropped off to the municipal office which are intended for the New Ross Trails Society and the purchase of benches for our trail system. Please consider this email as a request from the New Ross Tails Society to withdraw/receive these funds. We completely understand that you require time to process the donations, get this on the agenda package for council meetings and then prepare and issue the cheque. If you require any further details, please let me know. Thanks, Christina Caldwell New Ross Trails Society District Grants 2022-2023 Updated September 23, 2022 Requested Approved Date Approved Forest Heights Community School: Prom 2022 300.00$ 300.00$ May 12, 2022 Ocean Swells Community Association:Parking Lot & Garbage Box 2,500.00$ $2,500.00 September 8, 2022 TOTAL FUNDS APPROVED 2,800.00$ TOTAL FUNDS REMAINING 7,200.00$ Chester Municipal Heritage Society: Caboose Project 500.00$ Forest Heights Community School: Prom 2022 300.00$ 300.00$ May 12, 2022 Hubbards Area Lions Club: Septic System Repairs 2,000.00$ 2,000.00$ May 12, 2022 Through the Years Day Care and Community Centre: Heat Pumps 4,000.00$ 2,000.00$ May 12, 2022 TOTAL FUNDS APPROVED 4,300.00$ TOTAL FUNDS REMAINING 5,700.00$ Chester Brass Band: Summer Concerts 500.00$ 500.00$ June 23, 2022 Chester Municipal Heritage Society: *Canada Day & Garden Party 3,000.00$ 2,000.00$ May 12, 2022 Chester Playhouse: Pearle Harbour Performance 1,000.00$ 1,000.00$ September 8, 2022 Chester Playhouse: By Folk-EI Variety Show 1,000.00$ 1,000.00$ September 8, 2022 Forest Heights Community School: Prom 2022 300.00$ 300.00$ May 12, 2022 Royal Canadian Legion, Br. 44, Chester: 4 events-Canada Day, Vets Lunch, Remembrance Day & NYLevee2,000.00$ 1,000.00$ June 23, 2022 TOTAL FUNDS APPROVED 5,800.00$ TOTAL FUNDS REMAINING 4,200.00$ Aenon Baptist Church:AED Machine 1,000.00$ 1,000.00$ September 8, 2022 Chester Municipal Heritage Society: Caboose Project 1,000.00$ Forest Heights Community School: Prom 2022 300.00$ 300.00$ May 12, 2022 TOTAL FUNDS APPROVED 1,300.00$ TOTAL FUNDS REMAINING 8,700.00$ Forest Heights Community School: Prom 2022 300.00$ 300.00$ May 12, 2022 Royal Canadian Legion, Br. 144, Western Shore:Remembrance Day & Xmas 2,000.00$ 2,000.00$ September 8, 2022 Western Shore Fire Department: Garden Party 2,500.00$ 2,500.00$ June 23, 2022 Western Shore & Area Improvement Association: Hanging Baskets 3,657.00$ 3,657.00$ June 23, 2022 TOTAL FUNDS APPROVED 8,457.00$ TOTAL FUNDS REMAINING 1,543.00$ Charing Cross Garden Club: Purchase plants and management 500.00$ 500.00$ June 30, 2022 Forest Heights Community School: Prom 2022 300.00$ 300.00$ May 12, 2022 Forties Community Centre: Oktoberfest 500.00$ 500.00$ May 12, 2022 New Ross Consolidated School: Outdoor Classroom Bench & Chalkboard 2,000.00$ 2,000.00$ June 30, 2022 (RCL) New Ross Summer Evening Market: Summer Evening Market 500.00$ 500.00$ June 30, 2022 New Ross Trails Society: Fairy Walk & Little Ladybug Library 1,000.00$ 1,000.00$ May 26, 2022 Royal Canadian Legion, Br. 79, New Ross: Vet Banners, Rem. Day & other 1,000.00$ 1,000.00$ June 30, 2022 New Ross Preschool Society: Muddy Buddies & Storage Shed 1,000.00$ 1,000.00$ July 28, 2022 TOTAL FUNDS APPROVED 6,800.00$ TOTAL FUNDS REMAINING 3,200.00$ Canaan & District Hall: Faciltiy Maintenance & Repairs 4,000.00$ 4,000.00$ May 26, 2022 Chester Brass Band: Summer Concerts 500.00$ 500.00$ June 23, 2022 Chester Municipal Heritage Society: *Canada Day & Garden Party 3,000.00$ 500.00$ May 12, 2022 Chester Municipal Heritage Society: Caboose Project 500.00$ District 7 Forest Heights Community School: Prom 2022 300.00$ 300.00$ May 12, 2022 Studio Singers 1,500.00$ TOTAL FUNDS APPROVED 5,300.00$ TOTAL FUNDS REMAINING 4,700.00$ Total Funds Approved 34,757.00$ District Grant Budget 2022-2023 70,000.00$ Remaining Funds 35,243.00$ *The Heritage Society has requested a re-purpose of the Canada Day funding approved in May to the Caboose Project. District 6 District 1 District 2 District 3 District 4 District 5 ATTN: Recreation & Parks Services Municipality of the District of Chester PO Box 369 Chester NS B0J 1J0 Email: recreation@chester.ca MUNICIPALITY OF THE DISTRICT OF CHESTER DISTRICT GRANT APPLICATION Deadline to Apply: February 28 Name of Organization Contact Person Position with Organization Organization Mailing Address Phone: Email: Date: Signature of Signing Officer(s) and their position with Organization: Name (printed) Position Endorsement (check box) I declare I am a member of the organization and have authority to submit this application. _____________________________ __________________________ Amount Requested: $ Municipal District # 1) Please provide a brief description of your project or event. (Maximum 1250 characters) 2) Please provide a brief description of how you plan to spend any District Grant funding. (Max 800 characters) Who should the cheque be made payable to? _ Please forward applications to the following: Application for District Grant Studio Singers is a community choir that provides recreational singing, music education, and healthy social connections for community members. We also provide entertainment for community fundraisers and to community groups. Our choir has about 35 members from all over Chester Municipality; we range in age from 17 to 88, but most of us are seniors. We rehearse weekly for 9 to 10 months, and perform for various community activities. One of our main performances is Sing Choirs at Christmastime. We also perform twice a year at Shoreham, and at the Remembrance Day party at the Chester Basin. Legion. As well, we perform for community benefits like Coldest Day of the Year, Chester Brass Band concerts, and several other benefits. Of course, we have not perfonHied for over two years because of COVID. When possible we have rehearsed, always in masks. Previously we did not have to pay our director or our accompanist. Our only expenses were rent at Tuck Hall, a sound technician for concerts and sheet music. So we were able to keep our dues quite low. Now we must hire and pay an accompanist at S 100 per rehearsal and S200 per performance. Our dues used to be $60 per year. We are raising them to $180 per year and providing a pay - what -you -can option so that no one is excluded due to finances (most of us are on a fixed income). However, to keep the choir affordable as it's been in the past we will need outside funding for the first time in over 30 years. Our income should be about $4500, and our projected expenses are $6480. A grant of $1500 will help offset that shortfall. Attached is our projected budget. Studio Singers PO Box 278, Chester, NS BOJ 1J0 Application for Recreation Grant, Financial Statement Budget, 2022-23 Income (projected, approx.) Expenses, 36 weeks Members' dues $4500 Accompanist $3600 ($100/week) (Estimated that 25 people can pay Rent $1080 $5 per week) ($30/week) (Hopefully some will pay more, Performance accompanist $1200 but we can't budget for that) ($200 @ 6 performances) Sound $400 ($100 @ 4 performances; not needed for Shoreham performances) Sheet music Total $4500 $200 Total $6480 Name of Organization: Contact Person: Amount Requested: Please provide a bi MUNICIPALITY OF THE DISTRICT OF CHESTER GRANT APPLICATION FORM District Council Grant Request riptmn of your project or event..: Date Municipal District Please provide a brief description of how you pia: to spend any Council Cr if funding is approved, who should the cheque be made payabl Please forward applications to the folio v ing: 0 Director of Community Development and Recreation. "District Council Grant" Municipality of the District of Chester PO Box 369 Chester NS BOJ 110 Email: chaughn@chester.ca