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HomeMy Public PortalAbout2023-04-27_Council_Website Agenda Package.pdf Page 1 of 2 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Thursday, April 27, 2023 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 – April 13, 2023. 5. PROCLAMATIONS 6. COMMITTEE REPORTS 6.1 Committee of the Whole - April 20, 2023 - Warden Webber. 6.2 Nominating Committee - April 20, 2023 - Councillor Assaff. 6.3 Building Code & Unsightly Premises Committee - April 20, 2023 - Request for Decision prepared April 20, 2023 - Community Development & Recreation - Order to Remedy. 7. PUBLIC PRESENTATIONS 8. BY-LAWS AND POLICIES BY-LAWS: 8.1 Second Reading - Adoption of By-Law 154 Property Assessed Clean Energy (PACE) By-Law. POLICIES: 8.2 Second Notice - Amend Policy P-40 Promotional Advertisement Policy to update the policy. Page 2 of 2 8.3 First Notice - Adoption of Policy P-111 Property Assessed Clean Energy (PACE) Program Policy. Refer to Second Notice. 9. MATTERS ARISING 9.1 Request for Direction prepared April 20, 2023 - Community Development & Recreation - NS Road Trails Act (Gold River Bridge reconstruction). 10. CORRESPONDENCE 10.1 NS Utility and Review Board Decision - Boundary Review. 10.2 Correspondence dated April 11, 2023 from Office of the Minister of Public Works regarding traffic calming policy. 11. NEW BUSINESS 11.1 Request for Direction prepared April 19, 2023 - Corporate & Strategic Management - Industrial Park Development Fund. 11.2 Information Report prepared April 18, 2023 - Corporate & Strategic Management - Economic Development Sponsorships Update. 11.3 District 1 Council Grants Request 2022/23 - Ocean Swells Community Association $1,950. 11.4 All Districts Council Grant Request 2023/24 - FHCS Prom Committee 2023 - $2,100. 11.5 Request for Decision prepared February 28, 2023 - Financial & Information Services - Council Chamber Upgrades (Electronic Meetings). 12. IN CAMERA 13. ADJOURNMENT 143 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of COUNCIL MEETING Livestreamed via YouTube www.youtube.com/modcvideo from 151 King Street, Chester, Nova Scotia On Thursday, April 13, 2023 MEETING CALLED TO ORDER Warden Webber called the meeting to order at 8:49 a.m. Present: District 1 – Councillor A. Veinotte District 2 – Deputy Warden F. Shatford District 3 – Councillor D Wells District 4 – Warden A. Webber District 5 – Councillor A. Assaff District 6 – Councillor T. Connors District 7 – Councillor S. Church Staff: Tara Maguire, CAO Pamela Myra, Municipal Clerk Jennifer Webber, Communications & Outreach Coordinator (Via Zoom) Emily Lennox, Executive Assistant Matthew Blair, Director of Infrastructure & Operations Chad Haughn, Director of Community Development & Recreation Garth Sturtevant, Senior Planner Solicitor: Samuel Lamey, Municipal Solicitor Public: There were no members of the public in the gallery. APPROVAL OF AGENDA/ORDER OF BUSINESS Additions:  Remove item 12.1 and refer to the August 20, 2023 Committee of the Whole agenda.  Add 11.5 - Construction Agreement Paved Shoulders.  Add 11.6 - New Ross Rink (Councillor Connors) Council (continued) April 13, 2023 144 2023-154 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford the agenda and order of business for the April 13, 2023, Council meeting be approved as amended. ALL IN FAVOUR. MOTION CARRIED. PUBLIC INPUT There was no public input. MINUTES OF PREVIOUS MEETINGS 4.1 Council – March 23, 2023. Councillor Church pointed out a typo on page 121 - it should read “requesting funds from the Pew Trust” instead of “requesting funds for the Pew Trust”. 2023-155 MOVED by Councillor Church SECONDED by Councillor Assaff that the minutes of the March 23, 2023 Council Meeting be approved as amended. ALL IN FAVOUR. MOTION CARRIED. 4.2 Public Hearing Minutes - April 6, 2023. 2023-156 MOVED by C, Councillor Assaff SECONDED by Councillor Church that the minutes of the April 6, 2023 Public Hearing be approved as circulated. ALL IN FAVOUR. MOTION CARRIED. PROCLAMATIONS 5.1 Gaelic Nova Scotia Month Proclamation (May 2023) request from The Gaelic Council of Nova Scotia (and flag flying request). Warden Webber read the proclamation. 2023-157 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that Council approve the proclamation and fly the flag for Gaelic Nova Scotia Month (May 2023). ALL IN FAVOUR. MOTION CARRIED. Council (continued) April 13, 2023 145 5.2 Lyme Disease Awareness Month Proclamation (May 2023) request from NS Lyme Advocacy Group. Warden Webber read the proclamation. 2023-158 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford proclaim May 2023 as Lyme Disease Awareness Month. ALL IN FAVOUR. MOTION CARRIED. 5.3 Autism Awareness Month Proclamation (April 2023) request from Autism Nova Scotia. Warden Webber read the proclamation. 2023-159 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church proclaim April 2023 as World Autism Acceptance Month. ALL IN FAVOUR. MOTION CARRIED. COMMITTEE REPORTS 6.1 Committee of the Whole - April 6, 2023 (motions for review/approval) - Warden Webber. 2023-160 MOVED by Councillor Church, SECONDED by Councillor Wells the motions be approved as follows: 2023-141 - “approve participation in the public mooring project and the cost associated with the installation of six public moorings in the waters near Chester (two at Birch Island, two at Squid Island, and two at Clay Island).” 2023-142 - “… a Major Capital Grant in the amount of $40,000 be awarded to Chester Municipal Heritage Society (Train Station).” 2023-143 - “… approve an annual Budgeted Grant for the Chester Art Centre in the amount of $25,000. ALL IN FAVOUR. MOTION CARRIED. 6.2 Audit Committee - March 16, 2023 (receive minutes) - Warden Webber. Council (continued) April 13, 2023 146 2023-161 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that Council receive the minutes of the March 16, 2023 Audit Committee. ALL IN FAVOUR. MOTION CARRIED. PUBLIC PRESENTATIONS There were no public presentations. MATTERS ARISING 9.1 Request for Decision prepared March 22, 2023 - Community Development & Recreation - Water Quality Monitoring Report - Fox Point Lake. 9.2 Request for Decision prepared March 22, 2023 - Community Development & Recreation - Water Quality Monitoring Report - Stanford Lake. Blake McNeely, Coastal Action reviewed the information for Fox Point Lake and Stanford Lake as provided in the presentation and information provided. He also outlined the conclusion and recommendations. Members of Council discussed the following:  Is there a need to have annual testing, or could it be scheduled at various intervals.  What can we do if there is corrective action to be taken - the regulations belong to the province.  Potential developments and other needs for testing.  the need to have testing done and if it could be done on a regular basis, not annually.  Identifying key lakes to test.  If a development is planned, consider testing in that area.  Lack of enforcement by Department of Environment.  Consideration of changes to Land Use By-Laws if needed.  Use of Development Agreements. Garth Sturtevant, Senior Planner outlined the information provided in the Requests for Decision. Th recommendation of the Committee for Fox Point Lake was to share the report, put it on the website, and continue the program for the 2023 season. Also discussed was potential remediation work for Fox Point Lake but it was felt costs would be quite high. Council (continued) April 13, 2023 147 The Senior Planner also reviewed the findings with regard to Stanford Lake, however, there is no committee so no recommendation. It was suggested that the information be shared and put on the website. 9.3 Request for Decision prepared March 23, 2023 - Community Development & Recreation - Water Quality Monitoring Report - Expanded Water Quality Monitoring Program. The Senior Planner indicated that Coastal Action was asked to prepare a program, which was provided. There are five lakes that are being proposed to do baseline testing - Ramsey Lake, Hennigar Lake, Lawson Lake, Little Whitford Lake, and Hollihan Lake. It was outlined why the lakes were chosen. Blake McNeely, Coastal Action reviewed the information provided by Coastal Action. Discussion took place regarding testing at those lakes, testing, development, cause and effect, baseline information, development agreements, adverse effects of development or unlawful acts, jurisdictional responsibility, funding for testing, vegetative buffers, lakeside zone, linking testing to strategic priorities guidebook, having Department of Environment or someone from the Municipality of Kings in to answer questions. Councillor Veinotte suggested that Whitford Lake be replaced with Mill Lake as there is much more activity there. 2023-162 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the reports provided by Coastal Action on Fox Point Lake and Stanford Lake be provided to the Department of Environment and posted on the Municipal website. DISCUSSION: Councillor Veinotte asked if Department of Environment has ever responded to the reports sent previously. It was noted that other than thanking staff for sharing the report, no follow-up action has been undertaken, except that one person from that Department did come and speak to the Fox Point Lake Group regarding algae blooms. ALL IN FAVOUR. MOTION CARRIED. 2023-163 MOVED by Councillor Assaff, SECONDED by Councillor Church that Council approve testing Stanford Lake for 2023/24 and test Fox Point Lake five years from now. DISCUSSION:  Councillor Wells asked if every 5 years was the right decision; it was noted that currently we have eight years of data. Council (continued) April 13, 2023 148  Deputy Warden Shatford noted that he wasn’t sure what the right number would be, but having Stanford Lake and Fox Point Lake - until we have a policy - is a good idea. It was suggested staff come back with a policy.  Councillor Veinotte suggested defeating the motion and do Fox Point Lake one more time and make a decision.  Councillors Assaff and Church agreed to withdraw the motion. MOTION WITHDRAWN. It was agreed not to test Fox Point Lake this year and refer the matter to staff to provide a recommendation on the frequency that would make sense for monitoring lakes. 2023-164 MOVED by Councillor Assaff, SECONDED by Councillor Church that testing Stanford Lake Road for one more year be approved. MOTION CARRIED. It was agreed to monitor the five lakes for three years (four months per year) to get a proper baseline. 2023-165 MOVED by Councillor Wells, SECONDED by Councillor Connors that Council approve monitoring the following lakes for a three year period (four months per year): Hennigar Lake, Lake Lawson, Lake Ramsay, Mill Lake, and Hollihan Lake. ALL IN FAVOUR. MOTION CARRIED. A break was held from 10:18 a.m. to 10:29 a.m. BY-LAWS/POLICIES 8.1 Second Notice - Amendment to Policy P-09 Remuneration of Warden, Deputy Warden and Councillors as per March 23, 2023 motion at Council. 2023-166 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that Second/Final Notice be approved to amend Policy P-09 Remuneration of Warden, Deputy Warden and Councillors. ALL IN FAVOUR. MOTION CARRIED. 8.2 Second Notice - Adoption of North American Indigenous Games Policy P-113 - to support employees who want to volunteer with the Games. Council (continued) April 13, 2023 149 2023-167 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that Second/Final Notice be approved to adopt Policy P-113 North American Indigenous Games Policy. ALL IN FAVOUR. MOTION CARRIED. 8.3 Request for Direction prepared March 2, 2023 - Corporate & Strategic Management - Update to Policy P-40 Promotional Advertisement Policy. Jennifer Webber, Communications and Outreach Officer was present to review the Request for Direction for Council to consider amending Policy P-40 which outlines a list of events that we advertise on a regular basis. It is out of date. The new draft outlines a list that better directs our advertising. Some events don’t happen anymore, or we fund them differently. There is also the opportunity for Council to change or add. She clarified the budget for the Policy. 2023-168 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that Council conduct First Notice to amend Policy P-40 Promotional Advertisement Policy. ALL IN FAVOUR. MOTION CARRIED. Warden Webber noted that it was Tara Maguire’s first day as CAO and Council congratulated her and welcomed her to her new position. CORRESPONDENCE 10.1 Correspondence dated March 31, 2023 from Minister of Municipal Affairs and Housing regarding Sustainable Service Growth Fund (SSGF) and agreement form (to be approved and signed). The CAO noted that there will be more information next week once the Director of Financial & Information Services has discussed it with Municipal Affairs. 2023-169 MOVED by Councillor Assaff, SECONDED by Councillor Church that the Warden be authorized to execute the Sustainable Service Growth Fund (SSGF) and agreement form. ALL IN FAVOUR. MOTION CARRIED. 10.2 Email from Huntington Society of Canada requesting the Municipality light up the Municipal in blue and/or purple for one or more days in May 2023. 2023-170 MOVED by Councillor Connors, SECONDED by Deputy Warden Shatford that the Municipality agree to light up the Municipal Building in blue and/or purple for one Council (continued) April 13, 2023 150 or more days in May 2023 in recognition of Huntington Disease. ALL IN FAVOUR. MOTION CARRIED. NEW BUSINESS 11.1 May 2023 Meeting Calendar Amendments. The CAO outlined the need to change the May meeting schedule as various Councillors will be away for two separate conferences. It was suggested to cancel the Meetings on May 4 and 25 and make the two remaining Thursdays Council Meetings. 2023-171 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that the May 2023 meeting schedule be amended as follows:  May 4 - Committee of the Whole - Cancelled.  May 11, 2023 - Council.  May 18, 2023 - Council.  May 25, 2023 - Council - Cancelled. ALL IN FAVOUR. MOTION CARRIED. Councillor Connors noted that there is a deadline of April 30, 2023 for Operating Grants and was hoping that one of the two Council meetings in May would deal with those applications. Councillor Veinotte asked when staff would have information back to Council following the discussion last week and the Director of Community Development and Recreation noted that he was hoping to have something for one of the meetings being held in May. 11.2 Request for Decision prepared March 31, 2023 - Financial & Information Services - Village of Chester Village Area Rate, Outside Fire Rate and Fire Boat. Tim Topping, Director of Financial & Information Services, was present to review the information regarding Rates for the Village of Chester. It was noted that the rates are exactly the same as they were last year. 2023-172 MOVED by Councillor Church, SECONDED by Councillor Veinotte that Council confirm the rates provided by the Village Commission for the 2023/24 Fiscal Year as follows:  A rate of 15.17 cents per $100 of assessment for the purposes of tax collection; and Council (continued) April 13, 2023 151  An outside area fire rate of 7.40 cents per $100 of assessment; and  A fire boat rate at 7.40 cents per $100 of assessment. ALL IN FAVOUR. MOTION CARRIED. 11.3 2022/23 District 3 Grant Request - East Chester Recreation Association - $1,200. 11.4 2023/24 District 6 Grant Request - Forties Community Centre - $500. Present wads Chad Haughn, Director of Community Development and Recreation who outlined the requests, noting there was one from the 2022/23 budget and one for the 2023/24 budget. 2023-173 MOVED by Councillor Wells, SECONDED by Councillor Church that Council approve the following Council District Grants:  2022/23 District 3 Grant Request - East Chester Recreation Association - $1,200.  2023/24 District 6 Grant Request - Forties Community Centre - $500. ALL IN FAVOUR. MOTION CARRIED. 11.5 Construction Agreement Draft (No. 2023-026) with NS Department of Public Works for widening of paved shoulders from Vaughan Road, Western Shore to Martins River Bridge. Present was Gord Tate, Active Living Coordinator who reviewed the draft Construction Agreement (No. 2023-026) with NS Department of Public Works for the widening of paved shoulders from Vaughan Road, Western Shore to Martins River Bridge. He noted that this project does not require an archeological assessment and noted that if the tender comes in at more than 10% over budget the Municipality will be required to pay for that overage. 2023-174 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that Council authorize the executive of Construction Agreement No. 2023-026 with the NS Department of Public Works for the widening of paved shoulders from Vaughan Road, Western Shore to Martins River Bridge at the estimated amount of $543,050.00. DISCUSSION  Clarification of the width of the shoulders of 1.2 m on each side.  Discussion regarding aligning East Side Martins River Road and Highway 3 (changing the grade while they are doing the work) which depends on the power poles being moved. o We also need to have our own inspectors on site. Warden Webber directed the Director of Infrastructure & Operations to speak with NS Department of Public Works on the matter. Council (continued) April 13, 2023 152  HST costing.  Cost overruns - if the project comes more than 10% over the estimated budget Council can confirm or decline at that point. ALL IN FAVOUR. MOTION CARRIED. 11.6 New Ross Rink - Councillor Connors. Councillor Connors reported to Council the success of the New Ross Rink - starting with $800 in their account and raising enough through donations, grants, and in-kind work to pay for the kit in the amount of $21,507.11 and to prepare the location. She thanked Council for the investment in the storage building. They will be exploring some other success stories of areas that have rinks and how they have been able to operate. It has been a great addition to the community of New Ross. They will also be exploring the potential of an equipment program. IN CAMERA 12.1 Section 22(2)(e) of the Municipal Government Act – Contract Negotiations - Kaizer Meadow. This was deferred to the April 20, 2023 meeting. 12.2 Section 22(2)(e) of the Municipal Government Act – Contract Negotiations - Village Commission. 2023-175 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford the meeting convene “In Camera” as per Section 22(2)(e) of the Municipal Government Act – Contract Negotiations - Village Commission. ALL IN FAVOUR. MOTION CARRIED. Following a brief meeting held “In Camera” the meeting reconvened in Regular Session. 2023-176 MOVED by Councillor Wells, SECONDED by Deputy Warden Shatford that Council authorize staff to enter into a maintenance contract with the Village Commission on a trial basis. ALL IN FAVOUR. MOTION CARRIED. ADJOURNMENT 2023-177 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that the meeting adjourn. ALL IN FAVOUR. MOTION CARRIED. (11:15 a.m.) Council (continued) April 13, 2023 153 _________________________ _________________________ Allen Webber Pamela Myra Warden Municipal Clerk MOTIONS FOR APPROVAL OF COUNCIL FROM APRIL 20, 2023 COMMITTEE OF THE WHOLE MEETING 2023-180 APPROVAL OF APRIL 20, 2023 COMMITTEE OF THE WHOLE AGENDA 2023-181 APPROVAL OF APRIL 6, 2023 COMMITTEE OF THE WHOLE MINUTES WITH CORRECTIONS 2023-182 PARTICIPATION IN 2-YEAR PILOT REGIONAL ANTI-RACISM COMMITTEE MOVED by Councillor Connors, SECONDED by Councillor Church that the Committee of the Whole recommend to Council to take part of the 2-year pilot Regional (Lunenburg County) Anti-Racism Committee Pilot and host the Regional Coordinator following final approval of the Memorandum of Understanding (MOU) with financing to be based on Uniform Assessment and that the MOU include a clause that each participating municipal unit establish their own local Equity, Diversity, and Inclusion Committee. FIVE IN FAVOUR. TWO OPPOSED. MOTION CARRIED. 2023-183 IN CAMERA - CONTRACT NEGOTIATIONS 2023-184 APPLICATION TO NS DEPARTMENT OF ENVIRONMENT FOR PERMIT(S) TO EXPAND THE LANDFILL MOVED by Councillor Wells, SECONDED by Councillor Assaff that the Committee of the Whole recommend to Council to direct staff to obtain the necessary Nova Scotia Department of Environment permit(s) allowing for the expansion of the current landfill capacity beyond 2033. ALL IN FAVOUR. MOTION CARRIED. 2023-185 APPROVAL OF ADDITION OF A LEVEL 1 PLANNER POSITION MOVED by Deputy Warden Shatford, SECONDED by Councillor Wells that the Committee of the Whole recommend to Council to approve the creation of a new Level 1 Planner position in the Community Development & Recreation Department. ALL IN FAVOUR. MOTION CARRIED. 2023-186 ADJOURNMENT MOTIONS FROM APRIL 20, 2023 NOMINATING COMMITTEE FOR APPROVAL BY COUNCIL 2023-187 APPROVAL OF AGENDA/ORDER OF BUSINESS APRIL 20, 2023NOINATING COMMITTEE 2023-188 APPROVAL OF NOVEMBER 17, 2022 MINUTES 2023-189 AUDIT COMMITTEE - ALL OF COUNCIL MOVED by Warden Webber, SECONDED by Councillor Wells that the Nominating Committee recommend to Council that all members of Council be appointed to the Committee of the Whole. ALL IN FAVOUR. MOTION CARRIED. 2023-190 BUILDING CODE & UNSIGHTLY PREMISES COMMITTEE - COUNCILLOR CONNORS AND DEPUTY WARDEN SHATFORD MOVED by Warden Webber, SECONDED by Councillor Wells that the Nominating Committee recommend to Council that Councillor Connors and Deputy Warden Shatford be reappointed to the Building Code & Unsightly Premises Committee. ALL IN FAVOUR. MOTION CARRIED. 2023-191 MUNICIPAL PLANNING ADVISORY COMMITTEE - COUNCILLORS CHURCH AND ASSAFF MOVED by Warden Webber, SECONDED by Councillor Wells that the Nominating Committee recommend to Council to reappoint Councillors Church and Assaff to the Municipal Planning Advisory Committee. ALL IN FAVOUR. MOTION CARRIED. 2023-192 VILLAGE PLANNING ADVISORY COMMITTEE - COUNCILLOR WELLS MOVED by Councillor Connors, SECONDED by Warden Webber that the Nominating Committee recommend to Council to reappoint Councillor Wells to the Village Planning Advisory Committee. ALL IN FAVOUR. MOTION CARRIED. 2023-193 COMMITTEE OF THE WHOLE - ALL OF COUNCIL MOVED by Warden Webber, SECONDED by Councillor Wells that the Nominating Committee recommend to Council that all members of Council be reappointed to the Committee of the Whole. ALL IN FAVOUR. MOTION CARRIED. 2023-194 EQUITY, DIVERSITY, AND INCLUSION COMMITTEE - COUNCILLORS CONNORS AND ASSAFF MOVED by Warden Webber, SECONDED by Councillor Wells that the Nominating Committee recommend to Council to reappoint Councillors Connors and Assaff to the Equity, Diversity, and Inclusion Committee. ALL IN FAVOUR. MOTION CARRIED. 2023-195 REMOVE - HEALTH AND WELLBEING COMMITTEE MOVED by Warden Webber, SECONDED by Councillor Wells that the Nominating Committee recommend to Council that the Health and Wellbeing Committee be removed as a Committee of Council. ALL IN FAVOUR. MOTION CARRIED. 2023-196 HERITAGE ADVISORY COMMITTEE - COUNCILLOR WELLS/DEPUTY WARDEN MOVED by Warden Webber, SECONDED by Councillor Connors that the Nominating Committee recommend to Council that Councillor Wells and Deputy Warden Shatford be reappointed to the Heritage Advisory Committee. ALL IN FAVOUR. MOTION CARRIED. 2023-197 LANDFILL CITIZENS MONITORING COMMITTEE - COUNCILLORS CHURCH & VEINOTTE MOVED by Warden Webber, SECONDED by Councillor Wells that the Nominating Committee recommend to Council that Councillors Church and Veinotte be reappointed to the Landfill Citizens Monitoring Committee. ALL IN FAVOUR. MOTION CARRIED. 2023-198 REMOVE JOINT SERVICES BUILDING/FIRE INSPECTION SERVICES COMMITTEE MOVED BY Councillor Connors, SECONDED by Warden Webber that the Nominating Committee recommend to Council to remove the Joint Services Building/Fire Inspection Services Committee from the listing of Committees. ALL IN FAVOUR. MOTION CARRIED. 2023-199 LANDFILL CONSULTATION COMMITTEE - WARDEN WEBBER MOVED by Councillor Wells, SECONDED by Warden Webber that the Nominating Committee recommend to Council to reappoint Warden Webber to the Landfill Consultation Committee. ALL IN FAVOUR. MOTION APPROVED. 2023-200 RCMP ADVISORY BOARD - WARDEN WEBBER, DEPUTY WARDEN SHATFORD, AND COUNCILLOR CONNORS MOVED by Councillor Wells, SECONDED by Warden Webber that the Nominating Committee recommend to Council to reappoint Warden Webber, Deputy Warden Shatford, and Councillor Connors be reappointed to the RCMP Advisory Board. ALL IN FAVOUR. MOTION CARRIED. 2023-201 RECREATION AND PARKS COMMITTEE - COUNCILLOR CHURCH (ALTERNATE COUNCILLOR WELLS MOVED by Warden Webber, SECONDED by Councillor Connors that the Nominating Committee recommend to Council to reappoint Councillor Church (alternate Councillor Wells) to the Recreation & Parks Committee. ALL IN FAVOUR. MOTION CARRIED. 2023-202 SHERBROOKE LAKE PARK ADVISORY COMMITTEE - COUNCILLOR CONNORS MOVED by Warden Webber, SECONDED by Councillor Wells that the Nominating Committee recommend to Council to reappoint Councillor Connors to the Sherbrooke Lake Park Advisory Committee. ALL IN FAVOUR. MOTION CARRIED. 2023-203 WATER QUALITY MONITORING COMMITTEE - DEPUTY WARDEN SHATFORD MOVED by Councillor wells, SECONDED by Warden Webber that the Nominating Committee recommend to Council to reappoint Deputy Warden Shatford to the Water Quality Monitoring Committee. ALL IN FAVOUR. MOTION CARRIED. 2023-204 CHURCH MEMORIAL PARK TRUSTEES - COUNCILLOR CHURCH MOVED by Councillor Wells, SECONDED by Warden Webber that the Nominating Committee recommend to Council to reappoint Councillor Church to the Church Memorial Park Trustees. ALL IN FAVOUR. MOTION CARRIED. 2023-205 COMMUNITY USE OF SCHOOLS - ACES - COUNCILLOR CONNORS, DEPUTY WARDEN SHATFORD, WARDEN WEBBER MOVED by Councillor Wells, SECONDED by Warden Webber that the Nominating Committee recommend Councillor Connors, Deputy Warden Shatford, and Warden Webber be reappointed to the Community Use of Schools - ACES. ALL IN FAVOUR. MOTION CARRIED. 2023-206 FHCS - COUNCILLORS CONNOR AND ASSAFF AND WARDEN WEBBER MOVED by Councillor Wells, SECONDED by Warden Webber that the Nominating Committee recommend to Council to reappoint Councillor Connors, Councillor Assaff, and Warden Webber to the Community Use of Schools - FHCS. ALL IN FAVOUR. MOTION CARRIED. 2023-207 LUN CO ACCESSIBILITY ADVISORY COMMITTEE - COUNCILLOR ASSAFF ALTERNATE COUNCILLOR WELLS MOVED by Councillor Wells, SECONDED by Councillor Connors that the Nominating Committee recommend to Council to reappoint Councillor Assaff (Alternate: Councillor Wells) to the Lunenburg County Accessibility Advisory Committee. ALL IN FAVOUR. MOTION CARRIED. 2023-208 LUN CO SENIORS SAFETY PROGRAM - COUNCILLOR CONNORS MOVED by Warden Webber, SECONDED by Councillor Wells that the Nominating Committee recommend to Council to reappoint Councillor Connors to the Lunenburg County Accessibility Advisory Committee. ALL IN FAVOUR. MOTION CARRIED. 2023-209 REGION 6 SOLID WASTE MANAGEMENT COMMITTEE - COUNCILLOR VEINOTTE MOVED by Warden Webber, SECONDED by Councillor Wells that the Nominating Committee recommend to Council to reappoint Councillor Veinotte to the Region 6 Solid Waste Management Committee. ALL IN FAVOUR. MOTION CARRIED. 2023-210 REMO - WARDEN AND DEPUTY WARDEN /ALTERNATE COUNCILLOR WELLS MOVED by Warden Webber, SECONDED by Councillor Wells that the Nominating Committee recommend to Council to reappoint Warden Webber and Deputy Warden Shatford (alternate: Councillor Wells) to the Regional Emergency Measures Committee. ALL IN FAVOUR. MOTION CARRIED. 2023-211 SOUTH SHORE HOUSING ACTION COALITION - COUNCILLOR ASSAFF MOVED by Councillor Wells, SECONDED by Warden Webber that the Nominating Committee recommend to Council to reappoint Councillor Assaff to the South Shore Housing Action Coalition. ALL IN FAVOUR. MOTION CARRIED. 2023-212 SOUTH SHORE REGIONAL LIBRARY BOARD - COUNCILLOR CONNORS MOVED by Warden Webber, SECONDED by Councillor Wells that the Nominating Committee recommend to Council that Councillor Connors be reappointed to the South Shore Regional Library Board. ALL IN FAVOUR. MOTION CARRIED. 2023-213 SOUTH WEST REGIONAL COMMUNITY ADVISORY BOARD - COUNCILLOR WELLS MOVED by Warden Webber, SECONDED by Councillor Connors that the Nominating Committee recommend to Council to appoint Councillor Wells to the South West Regional Community Advisory Board. ALL IN FAVOUR. MOTION CARRIED. 2023-214 WESTERN REGIONAL CROWNLAND STAKEHOLDER INTERACTION COMMITTEE - COUNCILLOR VEINOTTE MOVED by Warden Webber, SECONDED by Councillor Wells that the Nominating Committee recommend to Council to reappoint Councillor Veinotte to the Western Regional Crown Land Stakeholder Interaction Committee. ALL IN FAVOUR. MOTION CARRIED. 2023-215 ZOE VALLE LIBRARY BOARD - COUNCILLOR WELLS MOVED by Councillor Connors, SECONDED by Warden Webber that the Nominating Committee recommend to Council that Councillor Wells be reappointed as the Zoe Valle Library Board. ALL IN FAVOUR. MOTION CARRIED. 2023-216 FIRE ADVISORY COMMITTEE - COUNCILLOR CHURCH AND DEPUTY WARDEN SHATFORD MOVED by Warden Webber, SECONDED by Councillor Wells that the Nominating Committee recommend to Council that Councillor Connors and Deputy Warden Shatford be appointed to the Fire Advisory Committee. ALL IN FAVOUR. MOTION CARRIED. 2023-217 ADJOURNMENT 1 LISTING OF COUNCIL MEMBERS TO COMMITTEES - RECOMMENDED FROM APRIL 20 NOMINATING COMMITTEE MEETING Council Member Appointments are determined in November of each year - this was delayed. Public Appointments are determined in the Spring of each year (May/June) Updated: April 21, 2023 COMMITTEE/ORGANIZATION PUBLIC TERM CURRENT MEMBER RECOMMENDED Audit Committee 2 Years for Public Appointments All members of Council All of Council Sandra Dumaresq Heather McLeod Building Code & Unsightly Premises Committee N/A Councillor Connors Councillor Connors Deputy Warden Shatford Deputy Warden Shatford Chester Municipal Planning Advisory Committee 2 Years for Public Appointments District 1 – Leslie Taylor District 2 – Ross Shatford District 3 – Hugh Harper District 4 – Lee Harnish District 5 – VACANT District 6 – Margeson Reeves District 7 – Hassen Hammond Chair of Chester Village Planning Advisory Committee Councillor Church Councillor Church Councillor Assaff Councillor Assaff Chester Village Planning Advisory Committee 2 Years for Public Appointments Carol Nauss VACANT Sydney Dumaresq 2 COMMITTEE/ORGANIZATION PUBLIC TERM CURRENT MEMBER RECOMMENDED (continued next page) John Carroll Chair of Chester Municipal Planning Advisory Committee Village Comm – Nancy Hatch Councillor Wells Councillor Wells Chester Volunteer Fire Service Committee Two 3-Year Terms and One 2-Year Term Kirk Collicutt (3 Years) Norman Countway (3 Years) James Robert (2 Years) Committee of the Whole N/A All members of Council Equity, Diversity, and Inclusion Advisory Committee 2-Year and 3-Year Terms Lorraine Burch – 2 Year Term David Broome – 2 Year Term Joud Alouch – 2 Year Term Robert Young – 3 Year Term Shelley McCorriston – 3 Year Term Carol Millett – 3 Year Term Councillor Assaff Councillor Assaff Council Connors Council Connors Fire Advisory Committee (Reinstated) Councillor Connors Deputy Warden Shatford Health & Wellbeing Committee Councillor Assaff COMMITTEE REMOVED Heritage Advisory Committee 1 Year Carol Nauss 3 COMMITTEE/ORGANIZATION PUBLIC TERM CURRENT MEMBER RECOMMENDED Tim Harris Tristan Mills Public - Vacant Public – Vacant Chester Municipal Heritage Society - Vacant Chester Municipal Heritage Society – Vacant Deputy Warden Shatford Deputy Warden Shatford Councillor Assaff Councillor Assaff Landfill Citizens Monitoring Committee 2 Years for Public Appointments Brad Armstrong Herbert Fraser Robb Manuel Robert Mitchell Councillor Church Councillor Church Councillor Veinotte Councillor Veinotte Joint Building/Fire Inspection Services Steering Committee Deputy Warden Shatford REMOVE Warden Webber Landfill Consultation Committee N/A Warden Webber Warden Webber RCMP Advisory Board 2 Years for Public Appointments Arthur Vardjas Terri DeMont Beverly Armstrong Warden Webber Warden Webber 4 COMMITTEE/ORGANIZATION PUBLIC TERM CURRENT MEMBER RECOMMENDED Councillor Connors Councillor Connors Deputy Warden Shatford Deputy Warden Shatford Provincial Appointment Recreation & Parks Committee 3 Years for Public Appointments (No more than 2 consecutive terms) District 1 – VACANT 1st Term District 2 – Suzanne Brown 2nd Term District 3 – Brad Armstrong 2nd Term District 4 – Adam Kaizer 1st Term District 5 – Ross Shatford 1st Term District 6 – Patricia Bates 1st Term District 7 – Kevin Marczak 1st Term Councillor Church Councillor Church Alternate – Councillor Wells Alternate – Councillor Wells Sherbrooke Lake Park Advisory Committee (2017-529/540) 3 Years for Public Appointments Hugh Harper Heather Dyment Councillor Connors Councillor Connors Water Quality Monitoring Committee 2 Years Aspotogan Heritage Trust – Kathy Gamache 5 COMMITTEE/ORGANIZATION PUBLIC TERM CURRENT MEMBER RECOMMENDED Municipal PAC Appointment – Ross Shatford Fox Point Lake Owners Association – John McNeil Aspotogan Developments – Ged Stonehouse Technical Consultant – Amina Stoddard Deputy Warden Shatford Deputy Warden Shatford Church Memorial Park Trustees 1 Year Councillor Church Councillor Church Community Use of Schools – ACES 1 Year Councillor Connors Councillor Connors Warden Webber Warden Webber Deputy Warden Shatford Deputy Warden Shatford Community Use of Schools – FHCS 1 Year Councillor Connors Councillor Connors Warden Webber Warden Webber Councillor Assaff Councillor Assaff Fences and Arbitration Committee 1 Year By-Law Enforcement Officer Deputy CAO Alternate: CAO Lunenburg County Accessibility Advisory Committee 1 Year Councillor Assaff Councillor Assaff Alternate: Councillor Wells Alternate: Councillor Wells 6 COMMITTEE/ORGANIZATION PUBLIC TERM CURRENT MEMBER RECOMMENDED Lunenburg County Seniors’ Safety Program 1 Year Councillor Connors Councillor Connors Region 6 Solid Waste Management Committee 1 Year Councillor Veinotte Councillor Veinotte Regional Emergency Measures (REMO) 1 Year Warden Warden Deputy Warden Deputy Warden CAO/Deputy CAO Alternate: Councillor Wells Alternate: Councillor Wells South Shore Housing Action Coalition 1 Year Councillor Assaff Councillor Assaff South Shore Regional Library Board 1 Year Councillor Connors Councillor Connors South West Regional Community Advisory Board (formerly Flight Engineering) 1 Year Councillor Assaff Councillor Wells Western Regional Crown Land Stakeholder Interaction Committee 1 Year Councillor Veinotte Councillor Veinotte Zoe Valle Library Municipal Trustee 1 Year Councillor Wells Councillor Wells REQUEST FOR DECISION REPORT TO: Council MEETING DATE: April 27, 2023 DEPARTMENT: Community Development & Recreation SUBJECT: Order to Remedy ORIGIN: File CM-US2021-014 Date: April 20, 2023 Prepared by: Brendan Mosher, Bylaw Enforcement Officer Date: April 21, 2023 Reviewed by: Chad Haughn, Director of Community Development & Recreation Date: April 21, 2023 Authorized by: Tara Maguire, CAO Recommended Motion It is recommended that Council approve staff to work with legal Counsel on the issuance of a Summary Offense Ticket to the property owners of 80 Commons Road based on section 344 and section 348(4) of the Municipal Government Act for failing to abide by the Order previously served along with a Long Form Information so that the Municipality can also seek to have the property cleaned up pursuant to section 505(4). CURRENT SITUATION File number CM-US2021-014, property located at 80 Chester Commons Road, Chester, is in front of Council today as it is an ongoing unsightly case file. The unsightly concern is regarding the property owner’s household items and debris building up around the property which the property owners have failed to bring into compliance to date. BACKGROUND The following is a timeline of actions that have taken place with this property: July 22nd, 2021 the complaint was received regarding the property on 80 Chester Commons Road, Chester, Nova Scotia B0J 1J0. November 8th, 2021 Brendan Mosher, Bylaw Enforcement Officer conducted a site visit. During the site visit the concerns noted include a large number of items piling up around the property from behind the house right down to the end of the property. (There were no items on the trail.) During the site visit Brendan Mosher had the opportunity to meet and discuss the property with the property owner. The property owner said, “she was having a difficult time getting her son to clean up the yard but will have it completed.” November 25th, 2022 a letter was issued to the property owner stating to bring the property back into compliance no latter then February 28th, 2022. March 9th, 2022 Brendan Mosher conducted a drive by site visit and determined the property has made no progress and is still in violation. March 15th, 2022 the committee agreed with the recommendations of Brendan Mosher to send a final warning letter to come into compliance. April 20th, 2022 Brendan Mosher issued a final letter to come into compliance by May 20th, 2022. R e q u e s t f o r D e c i s i o n P a g e | 2 June 22nd, 2022 minimal progress done on the property after the fourteen (14) day order to remedy. August 10th, 2022 B. Mosher conducted a site visit and has determined that progress has been made to this property. On a scale from 0-10 I would give this property a 7. There is still room for improvement, but the overall condition has improved. September 14th, 2022 To this day we still receive complaints on this property but the condition from August 10th, 2022 has not changed – If anything improved slightly. January 12th, 2023 As per the last letter that was sent in early December 2022 and the most recent site visit there has been no progress and no communication with the property owners or the property owners son. April 5th, 2023 Brendan Mosher issued a final fourteen (14) day order extension as per the decision made by the Building Code & Unsightly Premises Committee. Site visit of Wednesday April 12th, 2023. April 11th, 2023 Brendan Mosher presented two options to the Building Code & Unsightly Premises Committee regarding the property. The suggestions were as follows: 1. We continue working with the property owner and or close the case file if 75% compliance is obtained. 2. If no progress is made or significant progress isn’t made, we issue a long form summary offence ticket and proceed with the legal route of cleaning up the property under the MGA. The committee agreed to proceed with these options depending what the outcome was from the April 12th, 2023 inspection. April 12th, 2023 Brendan Mosher & Chad Haughn conducted a site visit of the property at approx. 1145hr. During the inspection it was noted that the property still needed improvement and that it appears that the current items are still here from the last inspection, but only moved around the property to different locations. April 13th, 2023 Brendan Mosher & Chad Haughn spoke with Sam Lamey regarding the situation and what our best practice was to proceed. It was recommended to discuss with Erin or Josh from his office to go over possible SOT options any methods on how to apply to the court to have the unsightly issue remedy. April 19th, 2023 Brendan Mosher, Chad Haughn, and Tammy Hamm met with Erin Wagner to discuss options. Erin recommended the property owner be charged contrary to section 344 and section 348(4) of the MGA for failing to abide by the Order previously served. They will also need to be served with a Long Form Information so that we can also seek the remedy that the property be cleaned up pursuant to section 505(4). April 20th, 2023 Brendan Mosher discussed with the Building Code & Unsightly Premises Committee the options that was presented from Erin Wagner. There was a motion made to recommend to council that they be charged contrary to section 344 and section 348(4) for failing to abide by the Order previously served along with a Long Form Information so that we can also seek the remedy that the property be cleaned up pursuant to section 505(4). IMPLICATIONS By-Law/Policy The following bylaws and Acts are outlined for this report: Municipal Government Act: R e q u e s t f o r D e c i s i o n P a g e | 3 MGA Section 344 – “Every property in a municipality shall be maintained so as not to be dangerous or unsightly.” MGA Section 346 (1) – “Where a property is dangerous or unsightly, the council may order the owner to remedy the condition by removal, demolition or repair, specifying in the order what is required to be done.” MGA Section 348 (4) – “After the order is served, any person who permits or cause a dangerous or unsightly condition, continues to permit or cause a dangerous or unsightly condition or who fails to comply with the terms of the order is liable, on summary conviction, to a penalty of not less than one hundred dollars and not more than five thousand dollars, and in default of payment to imprisonment for not more than three months.” MGA Section 505 (4) – “In addition to a fine imposed for contravening a provision of this Act, a regulation or a by-law of a municipality made pursuant to this act, a judge may order the person to comply with the provisions, order, regulation, or by-law under which the person was convicted, within the time specified in the order. Dangerous or Unsightly Premises Policy P-80 The Dangerous & Unsightly Committee determines when a property is considered dangerous or unsightly and through the Bylaw Enforcement Officer attempts to bring violations into compliance. Financial/budgetary There will legal expenses associated with the processing the Summary Offence Ticket through the court system. Has Legal review been completed? Yes ATTACHMENTS  November 8th, 2021 Site Visit Photos  April 12th, 2023 Site Visit Photos R e q u e s t f o r D e c i s i o n P a g e | 4 November 8th, 2021 Photos R e q u e s t f o r D e c i s i o n P a g e | 5 R e q u e s t f o r D e c i s i o n P a g e | 6 R e q u e s t f o r D e c i s i o n P a g e | 7 April 12th, 2023 Photos R e q u e s t f o r D e c i s i o n P a g e | 8 R e q u e s t f o r D e c i s i o n P a g e | 9 R e q u e s t f o r D e c i s i o n P a g e | 10 R e q u e s t f o r D e c i s i o n P a g e | 11 R e q u e s t f o r D e c i s i o n P a g e | 12 R e q u e s t f o r D e c i s i o n P a g e | 13 R e q u e s t f o r D e c i s i o n P a g e | 14 2ND READING Municipality of the District of Chester Property Assessed Clean Energy (PACE) Program By-Law By-Law No. 154 Effective Date: Property Assessed Clean Energy (PACE) Program By-Law Page 2 of 8 ____________________________________________________________________________________ Notice of Intention to Adopt - Committee of the Whole - November 17. 2022 (2022-483) First Reading - Council - November 24, 2022 (2022-494) Second/Final Reading - Council - April 27, 2023 MUNICIPALITY OF THE DISTRICT OF CHESTER BY-LAW NO. 154 PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM BY-LAW 1 PURPOSE, SCOPE, AND AUTHORITY 1.01 The purpose of the Property Assessed Clean Energy (PACE) Program By-Law is to enable the Municipality of the District of Chester to create a financing program to support energy efficiency upgrades to qualifying residential properties within the Municipality. Payments for these financed upgrades will be made through a PACE Charge levied on those Qualifying Properties. 1.02 Section 81A(1) of the Municipal Government Act authorizes municipalities to make by- laws imposing, fixing and providing methods of enforcing payment of charges for the financing and installation of any of the following on private property with the consent of the property owner: (a) energy-efficiency equipment; (b) renewable energy equipment. 1.03 This By-Law does not exempt any person from complying with the requirements of other By-Laws or Regulations in force within the Municipality of the District of Chester and from obtaining any licence, permission, permit, authority, or approval as otherwise required by the Municipality, the Province of Nova Scotia, Nova Scotia Power, or the Government of Canada. 1.04 This By-Law shall apply only to the Clean Energy Upgrades installed in accordance with the Municipality’s P-111: Property Assessed Clean Energy (PACE) Program Policy. 2 DEFINITIONS 2.01 “CAO” means the Chief Administrative Officer of the Municipality of the District of Chester or designate. 2.02 “Clean Energy Upgrade” means an installation to a Qualifying Property that: (a) will result in improved energy efficiency, reduced energy use, the generation of renewable energy, or reduced greenhouse gas emissions; Property Assessed Clean Energy (PACE) Program By-Law Page 3 of 8 ____________________________________________________________________________________ Notice of Intention to Adopt - Committee of the Whole - November 17. 2022 (2022-483) First Reading - Council - November 24, 2022 (2022-494) Second/Final Reading - Council - April 27, 2023 (b) involves building envelope upgrades such as caulking and weather stripping, duct / air sealing, insulating, or energy efficient windows and doors; building heating, ventilation and air conditioning system upgrades such as heat pumps, ETS (electric thermal storage), wood or pellet stoves, or furnaces or boilers; renewable energy upgrades such as solar thermal panels or solar photovoltaic panels; or such other clean energy upgrades as are approved and agreed in writing by the Municipality; and (c) is identified as an eligible upgrade in the Municipality’s P-111: Property Assessed Clean Energy (PACE) Program Policy and meets or exceeds applicable energy efficiency evaluation standards as referenced in that Policy. 2.03 “Director of Finance” means the Director of Financial & Information Services of the Municipality of the District of Chester or designate. 2.04 “Municipality” or “Municipal” means the Municipality of the District of Chester. 2.05 “PACE Customer Agreement” means the written, signed Property Assessed Clean Energy Program Customer Agreement between the owner of a Qualifying Property and the Municipality for financing of a Clean Energy Upgrade. 2.06 “PACE Charge” means the Property Assessed Clean Energy improvement costs levied on the property for the purpose of Section 81A (a) and (b) of the Municipal Government Act. 2.07 “PACE Program” means a program established by the Municipality under which owners of Qualifying Properties may obtain financing for Clean Energy Upgrades. 2.08 “PACE Program Provider” means the third party agency identified in PACE Customer Agreement as contracted to carry out the administration of the Municipality’s PACE program. 2.09 “Qualifying Property” means a residential property located within the Municipality for the purpose of the PACE program, but which does not include multi-unit residential properties with more than two (2) dwelling units, non-profit owned buildings, business Property Assessed Clean Energy (PACE) Program By-Law Page 4 of 8 ____________________________________________________________________________________ Notice of Intention to Adopt - Committee of the Whole - November 17. 2022 (2022-483) First Reading - Council - November 24, 2022 (2022-494) Second/Final Reading - Council - April 27, 2023 or industrial premises. 3 APPLICATION AND APPROVAL 3.01 An owner of a Qualifying Property within the Municipality may apply for Municipal financing for a Clean Energy Upgrade to the property. 3.02 Financing shall be subject to the approval of the Municipality in writing confirming that the owner of the Qualifying Property satisfies required program conditions, as well as subject to a PACE Customer Agreement signed by the Municipality and the owner of the Qualifying Property. 3.03 Conditions for approval that must be met include: (a) the owner of the Qualifying Property is not in default of any Municipal taxes, rates or charges; (b) the Clean Energy Upgrade achieves an overall savings to debt ratio for the homeowner equal to or greater than the ratio specified in the PACE Customer Agreement, as estimated by a qualified energy assessment contracted through the PACE Program; and (c) any additional conditions specified in the PACE Customer Agreement. 4 PAYMENT OF CHARGE 4.01 The PACE Charge shall become payable on completion of installation of the Clean Energy Upgrade in accordance with the PACE Customer Agreement. 4.02 The PACE Charge may consist of: (a) the cost of the Clean Energy Upgrade, including all labour costs, permitting fees, and applicable taxes; (b) applicable PACE Program service fees; Property Assessed Clean Energy (PACE) Program By-Law Page 5 of 8 ____________________________________________________________________________________ Notice of Intention to Adopt - Committee of the Whole - November 17. 2022 (2022-483) First Reading - Council - November 24, 2022 (2022-494) Second/Final Reading - Council - April 27, 2023 (c) interest accrued on the PACE Charge, including any additional interest arising due to any default of payment. 4.03 The owner of a Qualified Property may elect to pay the PACE Charge by equal installments over a period of not more than ten (10) / fifteen (15) years, on which interest shall be payable as outlined in Section 6 of this By-Law and in the PACE Customer Agreement. 4.04 In the event of default of any payment under the PACE Customer Agreement, the outstanding balance shall be immediately due and payable at the option of the Municipality. Interest shall be accrued on the amount then due and payable at the same rate applied by the Municipality for unpaid taxes and charges in default. 4.05 The Director of Finance shall maintain a separate account of all monies due for PACE Charges, identifying: (a) the name of the property owner(s), assessment, PID, and civic address; (b) the amount of the PACE Charge levied; and (c) the amount paid on the PACE Charge. 4.06 In the event the Qualifying Property is transferred to a new owner, the lien is transferred to the new owner along with the property. At this time, the new Qualifying Property Owner shall continue to be liable to the Municipality for all Qualifying Property Owner obligations and liabilities as set out in the PACE Customer Agreement unless a lump sum payment representing the outstanding balance of the PACE Charge is received by the Municipality at the time of the sale. 5 LIEN 5.01 On completion of a Clean Energy Upgrade as defined and approved in a signed PACE Customer Agreement, the PACE Charge shall be levied against the Qualifying Property. Property Assessed Clean Energy (PACE) Program By-Law Page 6 of 8 ____________________________________________________________________________________ Notice of Intention to Adopt - Committee of the Whole - November 17. 2022 (2022-483) First Reading - Council - November 24, 2022 (2022-494) Second/Final Reading - Council - April 27, 2023 5.02 A PACE Charge levied in accordance with this By-Law constitutes a first lien on the property and has the same effect as rates and taxes under the Assessment Act. 5.03 A PACE Charge in accordance with this By-Law is collectable in the same manner as rates and taxes under the Municipal Government Act and is collectable at the same time and by the same proceedings as taxes. 5.04 The lien provided for in this By-Law shall become effective on the date on which the PACE Program Provider files with the Director of Finance a certificate that the agreed improvement has been completed. 5.05 The lien provided for in this By-Law shall remain in effect until the total charge, including any accrued interest, has been paid in full. 6 INTEREST 6.01 Interest will be payable on any balance owing on the PACE Charge at the rate specified in the Municipality’s P: 111 - Property Assessed Clean Energy (PACE) Program Policy. 6.02 Interest shall accrue on any PACE Charge or portion thereof that remains outstanding from the date of billing. 6.03 Interest is payable annually on the amount outstanding, whether or not the owner has elected to pay by installments. Property Assessed Clean Energy (PACE) Program By-Law Page 7 of 8 ____________________________________________________________________________________ Notice of Intention to Adopt - Committee of the Whole - November 17. 2022 (2022-483) First Reading - Council - November 24, 2022 (2022-494) Second/Final Reading - Council - April 27, 2023 6.04 Annotation for Official By-Law Book Date of Notice of Intention to Adopt November 17, 2022 2022-483 Date of First Reading November 24, 2022 2022-494 Date of advertisement of Notice of Intent to Consider April 12, 2023 Date of Second Reading April 27, 2023 Date of advertisement of passage of By-Law * Date of mailing to Minister a certified copy of By-Law I certify that this Property Assessed Clean Energy (PACE) Program By-Law 154 was adopted by Council and published as indicated above _____________________________________ P. M. Myra, Municipal Clerk Date *Effective Date of the By-Law unless otherwise specified in the text of the By-Law Property Assessed Clean Energy (PACE) Program By-Law Page 8 of 8 ____________________________________________________________________________________ Notice of Intention to Adopt - Committee of the Whole - November 17. 2022 (2022-483) First Reading - Council - November 24, 2022 (2022-494) Second/Final Reading - Council - April 27, 2023 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 Lighthouse Bulletin on DATE. Given under the hand of the Municipal Clerk and under the corporate seal of the said Municipality this _____ day of _____, 2023 __________________________________ Pamela M. Myra Municipal Clerk Municipality of the District of Chester Promotional Advertisement Policy Policy P-40 Effective Date: December 9, 2010 Promotional Advertisement Policy P-40 (continued) 2 Notice of Intention of Amendment Given – By-Law Committee – October 21, 2010 First Notice –Council – November 10, 2010 (2010-513/541) Second Notice – Council – December 9, 2010 (2010-608) Effective Date – December 9, 2010 MUNICIPALITY OF THE DISTRICT OF CHESTER PROMOTIONAL ADVERTISEMENT POLICY POLICY P-40 1. It is the policy of Council of the Municipality of the District of Chester to support promotional advertisements, that promote safety, civic pride, and/or community awareness, outlined as follows, in print and on radio in only one edition per publisher. The use of publications that cover a portion of the geographical area of the Municipality will be used for matters pertaining only to that particular area of distribution. 1.1 African Heritage Month 1.11.2 Canada Day 1.3 Congratulations of High School Graduates 1.2 Chester Race Week (promoted through sponsorship and free options) 1.4 Fire Prevention 1.5 Holiday Greetings 1.6 International Women’s Day 1.7 Small Business Week 1.31.8 National Day for Truth and Reconciliation (Orange Shirt Day) 1.9 Prevention of Drunk Driving () 1.41.10 Remembrance Day 1.5 Fire Free Christmas (a sample fire escape plan in conjunction with the Volunteer Fire Departments) 1.6 Prevention of Drunk Driving (during the Christmas season) 1.7 May Day Activities 1.8 Seniors in Action (normally a fall special edition) 1.91.11 Volunteer Week 1.10 Christmas Greeting Advertisement 1.11 Chester Playhouse Program Brochure (1/4 Page) 1.12 Advertisements promoting Municipally-aligned sponsored activities with approval of Council. 2. This list of promotional advertisements may be amended by Council from time to time. Formatted: Font: (Default) Leelawadee UI Promotional Advertisement Policy P-40 (continued) 3 Notice of Intention of Amendment Given – By-Law Committee – October 21, 2010 First Notice –Council – November 10, 2010 (2010-513/541) Second Notice – Council – December 9, 2010 (2010-608) Effective Date – December 9, 2010 Annotation for Official Policy Book Notice of Intention to Amend October 21, 2010 2010-513 Date of First Notice at Council November 10, 2010 2010-513/541 Date of Second Notice at Council December 9, 2010 2010-608 Effective Date December 9, 2010 I certify that this Policy was amended by Council as indicated above. _______________________________________ October 11, 2019 Pamela M. Myra, Municipal Clerk Date REQUEST FOR DECISION REPORT TO: Council MEETING DATE: April 27, 2023 DEPARTMENT: Infrastructure & Operations SUBJECT: PACE Program Policy ORIGIN: Strategic Priorities Date: April 18, 2023 Prepared by: Jonathan Meakin, Strategic Initiatives Coordinator Date: April 18, 2023 Reviewed by: Matthew Blair, Director, Infrastructure & Operations Tim Topping, Director, Financial & Information Services Date: April 20, 2023 Authorized by: Tara Maguire, CAO RECOMMENDED MOTIONS Staff are recommending two Motions for Council’s consideration: 1. That Council allocate $2,400,000 of General Operating Reserve for a Property Assessed Clean Energy (PACE) program. This allocation, along with any interest income earned on cash balance and/or PACE loans, will be used to provide financing for energy efficiency upgrades to qualifying residential properties within the Municipality in accordance with By-Law 154 and Policy P-111. Any interest income that would increase this balance above $2,400,000 will be returned to the unallocated portion of the reserve. 2. That Council give notice of first reading to adopt the Policy P-111: Property Assessed Clean Energy (PACE) Program. CURRENT SITUATION Discussion at Committee of the Whole meetings on May 19, 2022 and November 17, 2022, along with discussion at the November 24, 2022 Council meeting, established the scope and details of a Property Assessed Clean Energy (PACE) program for municipal residents. On November 24, 2022, Council had provided feedback on, and then gave notice to adopt, By-Law 154: Property Assessed Clean Energy (PACE) Program. Council also decided on several financing details for the PACE Program and reviewed a draft Policy P-111: Property Assessed Clean Energy (PACE) Program. The direction given on several remaining elements are summarized in the Discussion section below. The purpose of this follow-up Request for Decision is to: 1. Confirm a Council Motion to allocate financial reserves for the Municipality’s PACE Program. 2. Confirm a Council Motion for notice of first reading of Policy P-111: Property Assessed Clean Energy (PACE) Program. 3. Provide an update on funding for marketing and roll-out of the PACE program. 4. Provide an update on Clean Energy Financing’s administration documents and processes. R e q u e s t f o r D i r e c t i o n P a g e | 2 BACKGROUND Council identified the adoption of a PACE program to help residents undertake energy efficiency measures in their homes as one of the Municipality’s 2021-24 Strategic Priorities. A PACE program enables a municipality to provide low interest financing to qualifying homeowners interested in undertaking clean energy upgrades. Homeowners enter into an agreement with the municipality to finance eligible energy efficiency measures, and the municipality applies a lien on the property as security for the cost of the upgrades, rate of interest on the loaned amount, and any associated program fees charged by the service provider. Legislative Background Section 81A (1) and (2) of the Municipal Government Act authorizes municipalities to provide financing programs for several categories of equipment on private properties, specifically: energy-efficiency equipment; renewable energy equipment; equipment for the supply, use, storage or conservation of water; and on-site sewage disposal equipment. Second Financing Program for Residents The Municipality’s Water Supply Upgrade Lending Program has been in place since August 1, 2018 authorized through the aforementioned section of the Municipal Government Act for the financing of equipment for the supply, use, storage or conservation of water on private property. Up next: staff will bring forward options for possible updates/changes to the potable water supply financing program as well as options for an on-site wastewater financing program. Sustainable Development Initiative The introduction of a PACE program helps municipalities advance sustainable economic, environmental, and social outcomes:  local and measurable action on climate change by reducing community GHG emissions;  residents’ access to energy efficiency upgrades and savings on energy costs, while providing improvements to local housing stock; and  investment in the local economy through opportunities for local contractors to provide energy retrofit services. DISCUSSION 1. Policy P-111: Property Assessed Clean Energy (PACE) Program To date, Council has decided on a range of PACE program options, including: engaging Clean Foundation as service provider; establishing a rate of borrowing for homeowners (Scotiabank prime interest rate); and establishing maximum program financing for each qualifying property ($40,000 or 15%, whichever is less). Decisions on these options have informed the development of the Municipality’s PACE by-law and policy, along with the CEF PACE Customer Agreement and CEF Service Agreement. R e q u e s t f o r D i r e c t i o n P a g e | 3 During the November 24, 2022 meeting, Council provided direction on several remaining points, as follows: Program Service Fee & Early Exit Council had discussed the $650 PACE program fee as a possible barrier to access for homeowners who complete the energy assessment but do not proceed with recommended clean energy upgrades. As a solution, Clean has agreed to an updated fee structure for the Clean Energy Financing program so that homeowners who leave the program early and do not complete any of the recommended clean energy upgrades will be charged only a $250 early program exit fee. The resulting process will be that Clean will invoice the Municipality for the $250 early program exit fee for payment, and the Municipality will then invoice the homeowner. This is the same process with program fees and contractor fees for completed upgrades and a full PACE Charge. Interest Rate Council established that the rate of interest levied on PACE Charges will be the Scotiabank prime interest rate at the date the PACE Customer Agreement is signed. This direction is captured in Section 2.02(b) of Policy P-111: Property Assessed Clean Energy (PACE) Program. Total Program Allocation Following discussion with the Director of Finance, Council established that the total program allocation will be $2.4M from reserves over ten years. This direction is captured in the corresponding draft Motion for Council’s review. 2. Funding for Clean Energy Financing Program Launch Staff applied for and received $15,000 in funding through Municipal PACE Program Support, an onboarding program offered by NS Department of Natural Resources and Renewables. These funds will be used to cover Clean’s start-up costs for program development, marketing materials, website development, and so on. After this first year, the Municipality will be responsible for any future marketing costs, which should be minimal as Clean will provide some ongoing support (such as a profile on the Clean Energy Financing website) and will provide us with marketing design files for future use. The work Clean does in administering each homeowner’s file, coordinating home energy assessments, and evaluating energy upgrades are covered by the program service fees homeowners pay to participate in the program. R e q u e s t f o r D i r e c t i o n P a g e | 4 3. Update on the Clean Energy Financing Administration Staff and, where appropriate, the Municipal Solicitor have reviewed the following documents drafted by Clean, which incorporate PACE program details established by Council.  CEF Registration Form – homeowners interested in the CEF program complete this form to initiate a homeowner eligibility check.  CEF PACE Customer Agreement Form – the agreement form signed by the homeowner and the Municipality.  CEF Service Agreement – service agreement between Clean and the Municipality for the delivery of the PACE program. For Council’s information, please find attached the document “Clean Energy Financing File Process”, which succinctly summarizes the program administration process map for each homeowner’s file while in the PACE program. Note 1: Legal review flagged the steps of what happens to a PACE Program Charge lien when a property is sold, raising questions about how a prospective buyer is informed of the lien and whether the eligibility of the new homeowner needs to be evaluated. Section 4.06 of the Municipality’s By-Law 154: Property Assessed Clean Energy (PACE) Program states: In the event the Qualifying Property is transferred to a new owner, the lien is transferred to the new owner along with the property. At this time, the new Qualifying Property Owner shall continue to be liable to the Municipality for all Qualifying Property Owner obligations and liabilities as set out in the PACE Customer Agreement unless a lump sum payment representing the outstanding balance of the PACE Charge is received by the Municipality at the time of the sale. The Finance Department notes that this financing will be documented on a property’s tax bills and statements, which are generally requested as part of property purchase/sale transaction. In this way, the prospective new property owner will be clearly informed of the lien for the PACE Charge on the property. As for eligibility: the property that has received the clean energy upgrades will have met any eligibility requirements for the upgrades already done. The eligibility of the prospective new property owner is in terms of any arrears with the Municipality, for which the Municipality has the established mechanism of tax sales as a corrective action. Note 2: Clean tracks data on energy upgrades completed on properties in the program, including: type and number of energy upgrades, estimated costs savings, and estimated GHG emissions reduction. This data will enable staff to document climate action outcomes to leverage future grant funding for relevant sustainability projects and to help promote quality of life in the Municipality. R e q u e s t f o r D i r e c t i o n P a g e | 5 OPTIONS Motion regarding financial allocation: 1. That Council allocate $2,400,000 of General Operating Reserve for a Property Assessed Clean Energy (PACE) program. This allocation, along with any interest income earned on cash balance and/or PACE loans, will be used to provide financing for energy efficiency upgrades to qualifying residential properties within the Municipality in accordance with By-Law 154 and Policy P-111. Any interest income that would increase this balance above $2,400,000 will be returned to the unallocated portion of the reserve. Motion regarding first reading of Policy P-111: 1. That Council give notice of first reading to adopt Policy P-111: Property Assessed Clean Energy (PACE) Program as presented. OR 2. That Council give notice of first reading to adopt Policy P-111: Property Assessed Clean Energy (PACE) Program with any further amendments. IMPLICATIONS By-Law/Policy The introduction of a Property Assessed Clean Energy (PACE) program for the Municipality of Chester requires the adoption of By-Law 154: Property Assessed Clean Energy (PACE) Program and Policy P-111: Property Assessed Clean Energy (PACE) Program. Dedicating program financial details to a PACE Policy rather than including them in a PACE By-Law provides a more responsive tool for making program adjustments when necessary. Financial/budgetary Initial program costs will be off-set by a $15,000 grant from the Department of Natural Resources & Renewables. Funding confirmed. Financing awarded to homeowners will be repaid, along with any interest and fees, as a Local Improvement Charge secured as a lien on the property. Environmental A PACE program would help improve residential energy efficiency and reduce community greenhouse gas (GHG) emissions. Strategic Priorities The development and implementation of a PACE Program will assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Environmental Stewardship 3. Support environmental conservation & protection initiatives and efforts to tackle the impact of climate change. R e q u e s t f o r D i r e c t i o n P a g e | 6 Priority Outcomes: Governance & Engagement 2. Ensure municipal bylaw and policy frameworks reflect current and changing needs. 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. 3. Determine a municipal role in terms of protecting and increasing a broad range of housing stock to meet community needs. Work Program Implications Launch of the Municipality’s PACE program will be led by the Clean Foundation in coordination with the Strategic Initiatives Coordinator and with support from the Communications Officer and Outreach Coordinator. Processes and procedures for financing associated with a PACE program will be coordinated by the Director of Finance and Manager of Finance, in conjunction with Clean Foundation. Has Legal review been completed? _X_ Yes _ _ No _ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) Promotion of a PACE program will be conducted through social media, newsletters, media advertisements, and a dedicated Municipality of Chester PACE program website. ATTACHMENTS 1. DRAFT Policy P-111: Property Assessed Clean Energy (PACE) Program 2. Clean Energy Financing File Process Municipality of the District of Chester Property Assessed Clean Energy (PACE) Program Policy Policy P-111 Effective Date: PACE Program Policy P-## Notice of Intention to Adopt – Committee of the Whole: First Notice – Council: Second Notice – Council: Effective Date: Page 2 of 6 MUNICIPALITY OF THE DISTRICT OF CHESTER POLICY P-111 PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM POLICY 1 PURPOSE 1.01 The Property Assessed Clean Energy (PACE) Program Policy identifies the eligible types of Clean Energy Upgrades that may be financed by the Municipality of the District of Chester through By-Law 154 Property Assessed Clean Energy (PACE) Program. 1.02 The ability to approve financing for Clean Energy Upgrades on specific properties may be subject to further restrictions through the conditions set out in the PACE Bylaw and the PACE Customer Agreement. 1.03 Authority for the Property Assessed Clean Energy (PACE) Program Policy is derived from Sections 81A (1) and (2) of the Municipal Government Act and by the Municipality of the district of Chester’s Property Assessed Clean Energy (PACE) Program By-Law. 2. POLICY 2.01 Evaluation (a) Section 2.03 of this Policy lists the eligible Clean Energy Upgrade types that may be financed. Each type of upgrade must be evaluated by a specific energy evaluation procedure and may need to conform to a particular energy standard, which is identified beside each upgrade type. The required evaluation procedure or standard ensures that the upgrade is studied from an energy science perspective, and that a definable energy benefit is determined. (b) In administering this Policy, the Municipality, through an Agreement for Services with the Program Provider, will ensure that any Clean Energy Upgrades requested by property owners to be financed through the PACE program are identified as being eligible types in Section 2.03. Furthermore, the Municipality, through an Agreement for Services with the Program Provider, will ensure that for each requested upgrade the required evaluation procedure or standard has been met and that a definable energy benefit has been determined or recommended by a qualified energy professional. These minimum conditions must be met before permitting a requested upgrade to be financed on a Qualifying Property. PACE Program Policy P-## Notice of Intention to Adopt – Committee of the Whole: First Notice – Council: Second Notice – Council: Effective Date: Page 3 of 6 2.02 Financing Details (a) The ability to approve financing for Clean Energy Upgrades on specific properties may be subject to further restrictions and conditions set out in By-Law 154 Property Assessed Clean Energy (PACE) Program and the PACE Customer Agreement. (b) Interest payable at Scotiabank’s prime interest rate at the effective date of the PACE Customer Agreement will be charged on the amount of the PACE Charge deemed outstanding. (c) The Maximum Eligible Amount available for each Qualifying Property through this program is $40,000 or 15% of the full assessed property value, whichever is less. 2.03 PACE Program Clean Energy Upgrade Standards Clean Energy Upgrade Type Required Evaluation or Standard A. Insulation for ceilings, floors, main walls, knee-walls, foundation walls, foundation headers, foundation slabs, and crawlspaces Home Energy Assessment B. Draft-proofing including caulking, weather stripping, and duct sealing Home Energy Assessment C. Exterior doors Home Energy Assessment D. Exterior windows Home Energy Assessment E. Domestic Hot Water Tanks Home Energy Assessment F. Drain Water Heat Recovery Systems Home Energy Assessment G. Heat Pumps Home Energy Assessment H. Wood & Pellet Heating Systems Home Energy Assessment I. Exhaust Ventilation Home Energy Assessment J. Balanced Heat Recovery Ventilation Home Energy Assessment K. Electric Vehicle Charging Stations Home Energy Assessment and Time- Of- Day Savings Assessment L. Electric Thermal Storage (ETS) Systems Home Energy Assessment and Time- Of- Day Savings Assessment PACE Program Policy P-## Notice of Intention to Adopt – Committee of the Whole: First Notice – Council: Second Notice – Council: Effective Date: Page 4 of 6 M. Solar Hot Water Systems Home Energy Assessment and Solar Potential Site Assessment N. Solar Hot Air Systems Home Energy Assessment and Solar Potential Site Assessment O. Solar Photovoltaic Systems Home Energy Assessment and Solar Potential Site Assessment P. Swimming Pool Heating & Circulation Systems Home Energy Assessment, Existing Load Assessment, and Solar Potential Site Assessment Q. Supplementary work required to successfully complete the above listed upgrades. This may include but is not limited to removal of existing equipment or components, repairs and maintenance required, installation of vapour barriers and other water controls and freeze protection, testing and abatement of asbestos and vermiculite, and electrical upgrades. Home Energy Assessment 3. REFERENCES AND RELATED STATEMENTS OF POLICY  Municipal Government Act Section 81A (1) and (2)  By-Law 154: Property Assessed Clean Energy (PACE) Program 4. DEFINITIONS 4.01 “Clean Energy Upgrade” means an installation to a Qualifying Property that: (a) will result in improved energy efficiency, reduced energy use, the generation of renewable energy, or reduced greenhouse gas emissions; (b) involves building envelope upgrades such as caulking and weather stripping, duct / air sealing, insulating, or energy efficient windows and doors; building heating, ventilation and air conditioning system upgrades such as heat pumps, ETS (electric thermal storage), wood or pellet stoves, or furnaces or boilers; renewable energy upgrades such as solar thermal panels or solar photovoltaic panels; or such other clean energy upgrades as are approved and agreed in writing by the Municipality; and PACE Program Policy P-## Notice of Intention to Adopt – Committee of the Whole: First Notice – Council: Second Notice – Council: Effective Date: Page 5 of 6 (c) is identified as an eligible upgrade in this Policy and meets or exceeds applicable energy efficiency evaluation standards as referenced herein. 4.02 “Municipality” or “Municipal” means the Municipality of the District of Chester. 4.03 “PACE Charge” means the Property Assessed Clean Energy improvement costs levied on the property for the purpose of Section 81A (a) and (b) of the Municipal Government Act. 4.04 “PACE Customer Agreement” means the written, signed Property Assessed Clean Energy Program Customer Agreement between the owner of a Qualifying Property and the Municipality for financing of a Clean Energy Upgrade. 4.05 “PACE Program” means a program established by the Municipality under which owners of Qualifying Properties may obtain financing for Clean Energy Upgrades. 4.06 “Program Provider” means Clean Nova Scotia Foundation, the third-party organization with whom the Municipality has entered into an Agreement for Services to administer the PACE Program. 4.07 “Qualifying Property” means a residential property located within the Municipality for the purpose of the PACE program, but which does not include multi-unit residential properties with more than two (2) dwelling units as well as non-profit owned buildings and business or industrial premises. PACE Program Policy P-## Notice of Intention to Adopt – Committee of the Whole: First Notice – Council: Second Notice – Council: Effective Date: Page 6 of 6 Annotation for Official Policy Book Reason for Amendment 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 amended by Council as indicated above. _______________________________________ Pamela M. Myra, Municipal Clerk Date Clean Energy Financing File Process Blue = Homeowner, Green = Clean, Orange = Municipality A registration form is sent to Clean Foundation by the homeowner. Clean reviews the registration form and contacts the municipality for the arrears check (and credit check if applicable). The municipality performs the arrears check (and credit check if applicable) and informs Clean if the homeowner is eligible. If eligible Clean sends the customer agreement form and pre-payment authorization form to the homeowner for completion. If not eligible Clean informs the homeowner. The homeowner completes customer agreement form and pre-payment form and returns them both to Clean who passes them on to the municipality The municipality signs and returns a copy to Clean for their records The homeowner is responsible for scheduling a Home Energy Assessment (HEA). If they choose Clean as their service provider, then Clean schedules and performs the HEA Once the HEA report is completed the homeowner discusses potential upgrades with Clean. Based on this discussion the homeowner obtains quotes for the potential work and submits them to Clean for approval. Clean reviews all quotes to ensure the work meets the 1:1 debt to savings ratio. If so, the homeowner is given the ok to complete their upgrades. Contractor work is scheduled by the homeowner. As work is completed the homeowner submits the invoice(s) to Clean for payment Clean pays contractor invoices as they are received and bills the municipality monthly for any work completed or program fees owing up to that point. Once all upgrades are completed Clean informs the municipality that the file is ready to be closed and sends a summary of all amounts the homeowner will owe. The municipality sets up the payment plan and then bills the homeowner monthly. REQUEST FOR DIRECTION REPORT TO: Municipal Council MEETING DATE : April 27, 2023 DEPARTMENT: Community Development and Recreation SUBJECT: NS Road Trails Act ORIGIN: Gold River bridge reconstruction Date: April 20, 2023 Prepared by: Gord Tate, Active Living Coordinator Date: April 20, 2023 Reviewed by: Chad Haughn, Director, Community Development and Recreation Date: April 20, 2023 Authorized by: Tara Maguire, CAO RECOMMENDED MOTION/ACTION Direct staff to request that NS-DPW reconsider if, and under what conditions, trunk 3, and the trunk 3 bridge at Gold River, could be used to permanently reroute Chester Connection trail traffic. CURRENT SITUATION Staff are currently proceeding with Council’s direction to replace the Gold River trail bridge. DesignPoint Engineering and Surveying Ltd., the firm contracted to design, engineer, and prepare tender documents for the new bridge, are proceeding toward geotechnical investigations (perhaps as early as May). Consultation with stakeholders, including Acadia First Nation (AFN) and Kwilmu’kw Maw-klusuaqn (KMKNO) through the Department of Municipal Affairs are ongoing. The estimated budget for construction of a new bridge is $4.2M. Responsibility for, and a plan for, the demolition of the old bridge is still to be determined. BACKGROUND PREVIOUS REQUEST Shortly after the trail bridge was closed in the fall of 2021, staff reached out to the Department of Public Works (DPW) for permission to temporarily redirect trail users to the trunk 3 bridge crossing. Our request also included preliminary sketches prepared by CBCL of how the bridge might be modified to create at least one protected lane of travel to accommodate pedestrians, cyclists, and OHVs. While pedestrians and cyclists are permitted to use the trunk 3 corridor, under both the Motor Vehicle Act and the Off Highway Vehicle Act, OHVs are not permitted and the request was denied by DPW with the following rationale provided. “After reviewing the trail modification proposal for the Trunk 3 bridge at Gold River, DPW staff do not recommend the Municipality pursue this option due to several challenges and constraints: • The OHV Act requires OHVs to travel with the direction of traffic when on operating on a highway right of way between sunrise and sunset. This would limit ATV use of the trail bridge (and any routes leading to it) to a single direction of travel after dark. R e q u e s t f o r D i r e c t i o n P a g e | 2 • The OHV Act does not permit ATVs to travel on the highway or highway shoulder and there is no available space for them to travel between the line of the shoulder and the boundary line of the property. • Trail construction within the highway right of way, including the approaches to the bridge, would likely be challenging and costly. • This location would not likely have been advanced as an OHV Pilot Project Candidate, due to traffic volume, speed, narrow shoulder width and presence of the guardrail. • The proposed trail on the bridge is narrower than DPW’s guidelines and while we understand this is a common width on trail bridges, it becomes more than that when on a public highway. • We understand that there are various bridge repair or replacement options that have not been considered and would likely be preferable. Considering these issues, we recommend exploring trail bridge repair or replacement options before advancing proposals to modify the Trunk 3 bridge. “ INTRODUCTION OF NEW LEGISLATION On March 24, 2023, new legislation entitled the Road Trails Act was introduced to the Nova Scotia Legislature. The Act received Royal Assent on April 12. The Act was crafted based on the experience of a pilot project that has been in place since 2018. Media reports suggest that the government expects the legislation to be applied to additional designated locations in the future. The legislation is appended to this RFD. Some of the relevant highlights of the Act include: 2 The purpose of this Act is to enable the operation of off-highway vehicles on designated parts of highways to allow for trail and amenity connectivity. 3 "highway" means (a) a public highway, street, lane, road, alley, park, beach or place including the bridges thereon; (f) "road trail" means the shoulder and travelled portion of a highway designated under Section 5 or by a municipal bylaw, but does not include a ditch; 5 (1) The Minister may by regulation, with the approval of the Minister of Public Works, designate a highway or part of a highway as a road trail. (2) A municipality may, by bylaw, designate a highway or part of a highway that is not a road owned by the Crown in right of the Province as a road trail. 23 (1) The driver of an off-highway vehicle on a road trail shall (a) drive in the same direction as the traffic using the same side of the highway; (b) drive on the shoulder of the highway, except as provided in subsection (2); 31 (1) The council of a municipality may make bylaws regulating the operation of off-highway vehicles on road trails designated under subsection 5(2). 37 (1) The Minister may make regulations (a) designating a highway or part of a highway as a road trail; R e q u e s t f o r D i r e c t i o n P a g e | 3 The Act restricts the age of passengers and class of license using a road trail, and prescribes conditions and classes of vehicles, times of day, and other restrictions as determined by the Minister. The driver of an OHV may drive on the roadway, or cross the roadway, under certain conditions. DPW staff expect that regulations to support the Act will be developed this Summer/Fall. DISCUSSION The roadway/physical conditions under which our original request was denied still exist. The only difference now is that the legislation would seem to enable OHVs to operate within the ROW under conditions prescribed by the provincial designation if it were granted. The Municipality is interested in exploring all of our options for providing a new Gold River crossing that is financially, environmentally, and socially responsible; technically feasible; and one that creates a quality, safe experience for all trail users. Therefore, it would be worthwhile to have a clear determination from DPW whether or not the highway 3 bridge could be reconsidered for use. There is also some urgency to this question given the trajectory we are on pursuing construction of a new trail bridge. If DPW still says that the highway 3, under no conditions, could be considered for reconnecting the trail, then we would maintain the current course of action. If DPW says ‘yes’, then we may want to change or pause our current course, and fully investigate the technical feasibility of using trunk 3, and the potential costs. If DPW says ‘possibly’, but only once regulations are developed to support the legislation, then Council will need to weigh the costs and likely timelines to make the best decision possible. Staff do expect that the legislation is sufficiently limiting that it will not enable the trunk 3 corridor and bridge to be considered for trail realignment. However, it would be beneficial for MOC to have a clear determination directly from DPW. Council should also realize that even if the Road Trails Act does open the possibility to use the highway 3 corridor, the Act does exclude some OHV drivers/passengers from using the corridor (age, class, license, time of day). OPTIONS 1. Take no action. Proceed with the current design, engineering, and construction schedule as previously approved by Council. 2. Direct staff to request that DPW review again the conditions under which the trunk 3 corridor, and the highway bridge, could be modified to enable a permanent crossing for all trail users (pedestrians, cyclists, OHVs, snowmobiles, mobility aid users, equestrians). IMPLICATIONS By-Law/Policy None. R e q u e s t f o r D i r e c t i o n P a g e | 4 Financial/budgetary None. Environmental None. Strategic Priorities The possible use the highway 3 corridor to traverse the Gold River will assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Economic Development 1. Partner in the development of infrastructure and opportunities for business development and attraction. 2. Position the Municipality as Nova Scotia’s south shore community of choice for residents, businesses, and organizations, and as an international tourism destination. Priority Outcomes: Environmental Stewardship 1. Support environmental conservation & protection initiatives and efforts to tackle the impact of climate change. 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: 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. 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 None. Has Legal review been completed? _x__ Yes _ _ No __ N/A R e q u e s t f o r D i r e c t i o n P a g e | 5 COMMUNICATIONS (INTERNAL/EXTERNAL) None. ATTACHMENTS Bill No. 273 – Road Trails Act BILL NO. 273 (as introduced) 1st Session, 64th General Assembly Nova Scotia 1 Charles III, 2023 Government Bill Road Trails Act The Honourable Kim Masland Minister of Public Works First Reading: March 24, 2023 Second Reading: Third Reading: An Act Respecting the Operation of Off-highway Vehicles on Designated Highways Be it enacted by the Governor and Assembly as follows: 1 This Act may be cited as the Road Trails Act. 2 The purpose of this Act is to enable the operation of off-highway vehicles on designated parts of highways to allow for trail and amenity connectivity. 3 In this Act, "all-terrain vehicle" means a vehicle that is (a) equipped with four or more wheels, all of which are normally in contact with the ground; (b) equipped with a steering wheel or handlebars for steering control; and (c) designed for the transportation of persons, property or equipment exclusively on marshland, open country or other unprepared surfaces, but does not include a snow vehicle; "conveyance" means any thing in, on or by which any person or property is or may be transported or drawn on a highway and includes (a) a vehicle; (b) a bicycle; (c) a personal transporter; (d) a pedicab; (e) a rickshaw; (f) an animal being ridden, herded, led or driven; (g) an off-highway vehicle; (h) a recreational apparatus; and (i) any other thing prescribed by the regulations, but does not include a mobility aid; "designated trail" means a trail or any part of a trail on public or private land designated under subsection 12D(1) of the Off-highway Vehicles Act; "ditch" means the area between the boundary of a highway and the line of the shoulder farthest removed from the travelled portion of the highway; "driver" includes the operator of an off-highway vehicle and, where applicable, the operator of any vehicle; "highway" means (a) a public highway, street, lane, road, alley, park, beach or place including the bridges thereon; and (b) private property that is designed to be and is accessible to the general public for the operation of a motor vehicle; "Minister" means the Minister assigned responsibility for this Act; "municipality" means a town, a county or district municipality or a regional municipality; "off-highway vehicle" means (a) an all-terrain vehicle; (b) a dirt bike; (c) a dune buggy; (d) a four-wheel-drive or low-tire-pressure vehicle; (e) a snow vehicle; or (f) a vehicle belonging to a class of vehicles designated as off-highway vehicles by the regulations, but does not include a vehicle registered under the Motor Vehicle Act or a vehicle or class of vehicles exempted from this Act by the regulations; "peace officer" includes a member of the Royal Canadian Mounted Police, a police officer appointed by a municipality, a motor vehicle inspector appointed under the Motor Vehicle Act or the Motor Carrier Act and a conservation officer as defined in the Forests Act; "Registrar" means the Registrar appointed under the Motor Vehicle Act; "road trail" means the shoulder and travelled portion of a highway designated under Section 5 or by a municipal bylaw, but does not include a ditch; "seat belt" means a device or assembly securely fastened to the off-road vehicle by the vehicle manufacturer, composed of straps, webbing or similar material and includes a pelvic restraint or an upper torso restraint, or both of them, capable of restraining the movement of a person in order to prevent or mitigate injury to the person; "sheriff" means a sheriff as defined in the Motor Vehicle Act; "snow vehicle" means a vehicle designed for the transportation of persons, property or equipment exclusively or chiefly on snow or ice, or both; "vehicle" means any vehicle or other conveyance to which the Motor Vehicle Act applies. 4 (1) Subject to subsection (2), in the event of a conflict between this Act and the Motor Vehicle Act or the Off-highway Vehicles Act, this Act prevails. (2) In the event of a conflict between this Act and regulations made under Section 307 of the Motor Vehicle Act authorizing a project, those regulations prevail. (3) Except as otherwise provided in this Act, the Motor Vehicle Act and the regulations made under that Act applicable to motor vehicles apply to the operation of an off-highway vehicle on a road trail, except those provisions that by their very nature can have no application. 5 (1) The Minister may by regulation, with the approval of the Minister of Public Works, designate a highway or part of a highway as a road trail. (2) A municipality may, by bylaw, designate a highway or part of a highway that is not a road owned by the Crown in right of the Province as a road trail. (3) A designation under subsection (1) or (2) may not include a controlled-access highway or part of a controlled-access highway. 6 (1) Notwithstanding Section 11 of the Motor Vehicle Act, a driver may operate an all-terrain vehicle, a dirt bike, or another off-highway vehicle of a class prescribed by the regulations, on a highway or part of a highway that is designated as a road trail under Section 5, if the driver meets all requirements under this Act and the Off-highway Vehicles Act. (2) For greater certainty, nothing in this Act allows an off-highway vehicle to be operated on the roadway or shoulder of a controlled-access highway. 7 Every driver of an off-highway vehicle on a road trail shall exercise due care and caution at all times when operating the vehicle. 8 No driver shall operate an off-highway vehicle on a road trail unless that driver is the holder of a valid driver's licence issued under the Motor Vehicle Act that is not a learners class driver's licence. 9 Every driver shall carry the driver's valid driver's licence at all times when operating an off-highway vehicle on a highway and shall produce the licence at all reasonable times on the demand of a peace officer. 10 (1) No driver shall operate an off-highway vehicle on a road trail unless that driver carries third-party liability insurance in at least the amount required by the regulations. (2) A driver shall carry proof of insurance at all times while operating an off-highway vehicle on a road trail and shall produce the proof of insurance at all reasonable times on the demand of a peace officer. 11 (1) Notwithstanding any other enactment, a driver or passenger on an off-highway vehicle on a road trail is deemed to have willingly assumed all risks related to the operation of the vehicle on the road trail. (2) For greater certainty, neither the Minister, the Crown in right of the Province, nor any Department or official of the Government nor any municipality is liable for any damage, death or injury resulting from the operation of an off-highway vehicle on a road trail. 12 (1) Where an off-highway vehicle is equipped with a seat belt, each driver and passenger for whom a seat belt is available shall wear the seat belt at all times while the vehicle is being operated on a road trail, other than when the vehicle is in reverse. (2) No person shall remove or disable a seat belt on an off-highway vehicle that was installed by the manufacturer as original equipment. 13 Every driver and passenger on an off-highway vehicle shall wear a helmet that meets the requirements set out in the regulations and with the chin strap of the helmet securely fastened under the chin at all times while the vehicle is on a road trail. 14 A driver shall not permit a passenger under the age of 16 years to be a passenger on an off-highway vehicle on a road trail unless the passenger is wearing a seat belt as required by subsection 12(1) and a helmet as required by Section 13. 15 (1) An off-highway vehicle operated on a road trail must be equipped with headlamps and a rear- facing red light that meet the requirements set out in the regulations. (2) Headlamps must be activated at all times while an off-highway vehicle is being operated on a road trail. (3) No off-highway vehicle operated on a road trail may be equipped with front-facing red lights. (4) Nothing in this Section applies to a vehicle used in an official purpose by (a) a police department; (b) a fire department; (c) the Department of Natural Resources and Renewables; or (d) an entity prescribed in the regulations. 16 An off-highway vehicle must be equipped with a left-hand side mirror that meets the requirements set out in the regulations while the vehicle is being operated on a road trail. 17 No driver shall operate an off-highway vehicle if the noise level of the vehicle is higher than the level originally set by the manufacturer because of the removal of the muffler or other noise-dampening device or the modification of the muffler or other noise-dampening device so as to increase the noise level. 18 The driver of an off-highway vehicle shall, while the vehicle is on a road trail, (a) where the vehicle is not equipped with turn signal lights, signify (i) a left turn by extending the driver's left hand and arm horizontally from the vehicle, and (ii) a right turn by either (A) extending the driver's left hand and arm out and upward from the vehicle so that the upper and lower parts of the arm are at right angles, or (B) extending the driver's right hand and arm out horizontally from the vehicle; (b) where the vehicle is equipped with signal lights that are visible from behind and in front of the vehicle, signify a right or left turn by either (i) activating the appropriate turn signal light, or (ii) extending the driver's hand and arm as described in clause (a); and (c) signify a stop or decrease in speed by extending the driver's left hand and arm out and downward from the vehicle so that the upper and lower parts of the arm are at right angles, unless the vehicle is equipped with a visible red light at the rear that is activated when the driver operating the vehicle applies the brakes. 19 An off-highway vehicle being operated on a road trail must be equipped with any equipment prescribed by the regulations as being required for an off-highway vehicle of its class. 20 (1) No driver shall operate an off-highway vehicle on a highway unless the driver is (a) operating the vehicle lawfully on a road trail; or (b) permitted to operate the vehicle on a highway under the Off-highway Vehicles Act or the regulations made under that Act. (2) Where the use of a road trail is restricted to a class or classes of off-highway vehicle, no driver shall operate an off-highway vehicle of a non-permitted class on the road trail. (3) Where a road trail is restricted (a) for use only at certain times of day or certain times of year; or (b) for use by a class or classes of off-highway vehicle only at certain times of day or certain times of year, no driver shall operate an off-highway vehicle in contravention of those restrictions. (4) No driver shall travel in a bicycle lane while operating an off-highway vehicle. (5) No driver shall use an off-highway vehicle to tow another vehicle on a road trail. (6) No driver shall operate an off-highway vehicle on a road trail at a rate of speed greater than 25 kilometres per hour. (7) No driver shall operate an off-highway vehicle on a road trail in the period between 30 minutes after sunset and 30 minutes before sunrise. 21 (1) No driver shall operate an off-highway vehicle on a road trail with a passenger who is under nine years of age. (2) No driver shall use an off-highway vehicle to transport a passenger on a road trail unless the driver and passenger meet all requirements prescribed by the regulations and the vehicle is equipped with the equipment prescribed by the regulations. 22 (1) No person shall stand or park any vehicle in a manner that blocks others from accessing or leaving a designated trail or a road trail from a highway. (2) No person shall erect any barrier, obstacle or structure that blocks others from accessing or leaving a designated trail or a road trail from a highway. 23 (1) The driver of an off-highway vehicle on a road trail shall (a) drive in the same direction as the traffic using the same side of the highway; (b) drive on the shoulder of the highway, except as provided in subsection (2); (c) when driving on the shoulder of a highway, drive as close to and parallel with the right edge of the shoulder as is safely and practicably possible. (2) The driver of an off-highway vehicle may operate the vehicle on a roadway that is a road trail if (a) the highway does not have a shoulder; (b) the shoulder of the highway is insufficiently wide for the off-highway vehicle to be driven completely off the roadway; (c) the shoulder is obstructed; or (d) the driver is preparing to make a left turn across the roadway. (3) When the driver of an off-highway vehicle operates the vehicle on a roadway as permitted under subsection (2), the vehicle must be driven as much on the shoulder as practicably possible and, where the vehicle is on or partially on the roadway, as close to and parallel with the right edge of the roadway as is safely and practicably possible. (4) When entering a roadway or shoulder, the driver of an off-highway vehicle shall yield the right of way to any traffic already in the roadway or shoulder and may only enter the roadway or shoulder when it is safe to do so. (5) Except when passing a vehicle, including another off-highway vehicle, the driver of an off-highway vehicle on a road trail shall travel in single file with other vehicles. (6) Notwithstanding subsections (1) and (2), the driver of an off-highway vehicle shall drive the vehicle on the roadway when crossing a level railway crossing that intersects a road trail. 24 The driver of an off-highway vehicle on a road trail shall not pass any moving vehicle travelling on the same shoulder or the roadway. 25 (1) Before beginning a left turn, the driver of an off-highway vehicle on a highway must, without interfering with the flow of traffic travelling in the same direction as the vehicle, move away from the shoulder or the right edge of the roadway and be positioned on the roadway in the position from which the left turn is to be made. (2) After completing a left turn from a highway to another highway, the driver of an off-highway vehicle shall, without interfering with the movement of traffic travelling in the same direction as the vehicle, move to the right edge of the roadway or the shoulder. 26 (1) The driver of an off-highway vehicle directly or indirectly involved in an accident on a road trail shall immediately stop the vehicle at the scene of the accident. (2) The driver of an off-highway vehicle involved in an accident on a road trail resulting in injury or death to any person or damage to property shall (a) give the driver's name, address and the registration number, if any, of the driver's vehicle and exhibit the driver's licence of the driver to the person struck or to the driver or occupants of any vehicle collided with or to a witness; and (b) render to any person injured in the accident reasonable assistance, including the carrying of the injured person to a physician or surgeon for medical or surgical treatment if it is apparent that treatment is necessary or is requested by the injured person and the vehicle is capable of transporting the injured person in a safe manner without causing additional injury. (3) When an accident on a road trail results in damage to an unattended vehicle or to property upon or adjacent to a highway or designated trail, the driver of every off-highway vehicle involved in the accident shall (a) take reasonable steps to locate and notify the owner of, or a person who has control over, the unattended vehicle, or the property, of the circumstances of the accident; and (b) give to the owner or person the name, address and driver's licence number of the driver and the registration number of the vehicle, if any. (4) Where the driver of the off-highway vehicle involved in an accident is unable to locate and notify the owner or person who has control over the unattended vehicle or the property, the driver shall within 24 hours after the accident give to the chief of police or any regular member of the police force in the case of an accident occurring in a municipality with a police force, or the nearest detachment of the Royal Canadian Mounted Police in the case of an accident occurring elsewhere, the information required by subsection (3) together with a description of the unattended vehicle or the property. 27 (1) The driver of an off-highway vehicle involved in an accident resulting in injury or death to a person, or property damage to an apparent extent of $2,000 or more, shall, within 24 hours, (a) where the accident takes place within a municipality with a police force, forward a written report of the accident, or report the accident in person to the nearest detachment of the Royal Canadian Mounted Police, or to the chief of police or any regular member of the police force of the municipality; or (b) where the accident takes place other than within a municipality with a police force, forward a written report of the accident or report the accident in person to the nearest detachment of the Royal Canadian Mounted Police. (2) Where the driver of the off-highway vehicle is physically incapable of making a report, and there is a passenger of the vehicle, the passenger shall make the report. (3) Copies of any report made under subsection (1) must be transmitted by the person receiving the report to the Registrar and to the Provincial Traffic Authority within 24 hours of receiving the report. (4) Any peace officer who is a witness to or who investigates any accident in which an off-highway vehicle upon a highway is involved, whether or not required to be reported under this Section, shall forward to the Registrar, in addition to any other report that may be required under this Section, a report containing (a) full particulars of the accident; (b) the names and addresses of the persons involved; (c) the extent of the personal injuries or property damage, if any; (d) whether an information has been laid against a driver or driver in connection with the accident; and (e) any other information that may enable the Registrar to determine whether any driver involved in or contributing to the accident should be prosecuted. (5) The Registrar may require any person involved in an accident, or having knowledge of an accident, or the parties thereto, or of any personal injuries or property damage resulting therefrom, to furnish, and any peace officer to secure, any additional information and make any supplementary reports of the accident as the Registrar may deem necessary to complete the Registrar's records, and to establish, as far as possible, the cause of the accident, the persons responsible, and the extent of the personal injuries and property damage, if any, resulting therefrom. (6) Except as provided in subsections 28(1) and (3), all reports made under this Section are for the information only of (a) the Registrar; (b) the Department of Public Works; (c) where there is no vehicle safety division of the Department, the vehicle safety division of any department of the Government; (d) the police force to which the reports are made; and (e) the vehicle safety division of the municipality to which the reports are made, and no report or any part thereof or any statement contained therein is open to public inspection or admissible in evidence in any trial, civil or criminal, arising out of the accident except as evidence that the report has been made or in connection with a prosecution for making a false statement therein in violation of Section 28. 28 (1) Where a person, an insurance company or the Crown in right of the Province has paid or may be liable to pay for damages resulting from an accident in which an off-highway vehicle is involved, the person, the insurance company or a public officer responsible for risk management for the Government of the Province, as the case may be, and any solicitor, agent or other representative of the person, company or public officer authorized by the person, company or public officer in writing, may obtain from the Registrar a copy of any report made under this Section and, in furnishing a copy of the report, the Registrar is authorized, subject to subsection (2), to disclose any personal information contained in the report. (2) Before furnishing a copy of a report under subsection (1), the Registrar shall remove from the report any personal information that the Register considers to be appropriate to remove. (3) The Registrar may provide data derived from reports made under this Section to any person conducting research respecting traffic safety or off-highway vehicle safety. (4) A medical examiner or other official performing like functions shall make a report to the Registrar with respect to any death found to have been the result of an accident involving an off-highway vehicle on a road trail. (5) The Registrar may require an insurer or other person who pays damages for injury to person or property caused by an off-highway vehicle on a road trail to report the same to the Department of Public Works within seven days after the date of payment and to furnish proof thereof if required by the Department. 29 (1) Any person who fails to report or furnish any information or written statement required by Section 27 or 28 is guilty of an offence. (2) Every person who knowingly makes any false statement in any report made under Section 27 or 28 is guilty of an offence. 30 Notwithstanding the Personal Health Information Act, the Registrar may require copies of medical and other reports relating to any incident that occurs on a highway involving an off-highway vehicle to be provided to the Registrar. 31 (1) The council of a municipality may make bylaws regulating the operation of off-highway vehicles on road trails designated under subsection 5(2). (2) A bylaw made under subsection (1) may (a) restrict the use of a road trail to a class or classes of off-highway vehicles; (b) restrict the times of day or times of year a road trail may be used, including restricting the times of day or times of year the road trail may be used by certain classes of off-highway vehicles; (c) prescribe a maximum rate of speed lower than 25 kilometres per hour for the operation of off-highway vehicles on road trails within the municipality or within a specified area of the municipality; (d) establish speed and noise restrictions for the operation of off-highway vehicles on road trails within a specified distance of certain buildings, types of buildings or areas; (e) establish traffic rules and restrictions, not less restrictive than those in this Act or the regulations, respecting the operation of off-highway vehicles on specific roads, intersections and road infrastructure; (f) create offences and prescribe penalties for the violation of bylaws made under this Section. (3) A municipality shall publicize any designation made under Section 5 or restriction made under clause (2)(a) or (b) in a matter determined by the municipality. 32 (1) A peace officer may enforce this Act on any highway or designated trail. (2) A peace officer may enforce (a) any enactment, including the Motor Vehicle Act, the Motor Carrier Act and the Off-highway Vehicles Act; and (b) any municipal bylaw that relates to the operation of an off-highway vehicle on a highway or designated trail. 33 (1) A driver shall stop an off-highway vehicle on the direction of a peace officer. (2) A peace officer may stop an off-highway vehicle for the purpose of determining whether this Act, the Motor Vehicle Act, the Motor Carrier Act, the Off-highway Vehicles Act, the Liquor Control Act or the Cannabis Control Act or a municipal bylaw has been contravened. 34 (1) A peace officer may seize an off-highway vehicle if the peace officer has reasonable and probable grounds to believe that an offence has been committed under this Act, the Motor Vehicle Act or the Off- highway Vehicles Act and may detain the vehicle until the final disposition of the case at trial or any charges are otherwise disposed of, if the peace officer has reasonable and probable grounds to believe the seizure and detention is necessary to prevent the continuation or repetition of the offence. (2) Where an off-highway vehicle is seized and detained under this Act, the costs of impounding and storing it must be paid by the person to whom the vehicle is to be released before it is released. (3) Where the costs of impounding and storing an off-highway vehicle under this Act have not been paid within 30 days of the final disposition as provided in subsection (1), the sheriff shall sell the vehicle in the same manner and in all respects as other goods are sold under execution. (4) The sheriff shall pay from the money recovered under subsection (3) (a) the sheriff's fees, commission and poundage expenses; and (b) the costs of impounding and storing the off-highway vehicle, and any surplus that remains to the person entitled thereto. (5) Where money is levied upon an execution under this Section, the Creditors' Relief Act does not apply to the portion of the money obtained by the levying on and selling of the off-highway vehicle under the execution. 35 (1) The owner of an off-highway vehicle is liable to incur the penalties provided for a violation of this Act or the regulations unless, at the time of the violation, the off-highway vehicle was in the possession of a person without the owner's consent, either expressed or implied. (2) Where the owner of an off-highway vehicle is present on or in the vehicle at the time of the violation of a provision of this Act or the regulations by another person operating that vehicle, the owner as well as the operator is guilty of the offence. 36 (1) A person who violates Section 8 or subsection 15(1) or 22(1) or (2) is guilty of an offence and liable on summary conviction to the penalties provided for a category A offence in the Summary Proceedings Act. (2) A person who violates subsection 12(1) or (2), Section 14 (where the offence relates to a failure to wear or require a person to wear a seat belt), subsection 15(2) or Section 18 is guilty of an offence and liable on summary conviction to the penalties provided for a category B offence in the Summary Proceedings Act. (3) A person who violates subsection 15(3) or Section 16 or 17 is guilty of an offence and liable on summary conviction to the penalties provided for a category C offence in the Summary Proceedings Act. (4) A person who violates Section 8 or subsection 20(1), (2) or (3) is guilty of an offence and liable on summary conviction to the penalties provided for a category D offence in the Summary Proceedings Act. (5) A person who violates Section 7 or 10, subsection 20(5), (6) or (7) or Section 23 is guilty of an offence and liable on summary conviction to the penalties provided for a category F offence in the Summary Proceedings Act. (6) A person who violates Section 13 or 14 (where the offence relates to a failure to wear or require a person to wear a helmet), or subsection 21(1) or Section 25 is guilty of an offence and liable on summary conviction to double the penalties provided for a category F offence in the Summary Proceedings Act. (7) A person who violates subsection 20(4) or Section 26, 27 or 29 is guilty of an offence and liable on summary conviction to the penalties provided for a category G offence in the Summary Proceedings Act. (8) A person who violates a provision of the regulations is guilty of an offence and liable on summary conviction to the penalties provided for that offence in the regulations. 37 (1) The Minister may make regulations (a) designating a highway or part of a highway as a road trail; (b) restricting the use of a road trail to a class or classes of off-highway vehicles; (c) restricting the conditions, times of day or times of year a road trail may be used, including restricting the times of day or times of year a road trail may be used by certain classes of off-highway vehicles; (d) respecting equipment that must be installed on an off-highway vehicle for it to be allowed for use on a road trail, including prescribing different equipment that must be installed on different classes of off- highway vehicle; (e) respecting equipment that must be installed on an off-highway vehicle for the vehicle to be used to transport a passenger on a road trail, including prescribing different equipment that must be installed on different classes of off-highway vehicle; (f) establishing or adopting standards for equipment and helmets required under this Act. (2) Regulations made under subsection (1) may adopt by reference or otherwise standards or specifications established or approved by the Canadian Standards Association or other testing organization with or without modifications or variations or may require that any equipment conforms to the standards or specifications established or approved by the Canadian Standards Association or other testing organization or bear the approval of the Canadian Standards Association or other testing organization. (3) The Minister of Public Works must consent to any designation made under clause (1)(a). (4) The Governor in Council may make regulations (a) prescribing a thing as a conveyance; (b) designating a class of vehicles as off-highway vehicles; (c) designating a class of off-highway vehicles as a class that may be operated on a road trail; (d) prescribing additional restrictions on the operation of a class of off-highway vehicles on road trails; (e) respecting the operation of off-highway vehicles or classes of off-highway vehicles on municipal roads; (f) respecting third-party liability insurance required for the operation of an off-highway vehicle on a road trail; (g) prescribing entities to whose vehicles Section 14 does not apply; (h) expanding or restricting the powers of municipalities to make bylaws under this Act; (i) respecting fines, including setting categories of fines and fines for specific offences against this Act or the regulations; (j) defining any term used but not defined in this Act; (k) further defining any term defined in this Act; (l) respecting any matter or thing the Governor in Council considers necessary or advisable to carry out the purpose of this Act. (5) The exercise by the Minister or the Governor in Council of the powers contained in this Section is a regulation within the meaning of the Regulations Act. 38 Subsection 287(2) of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is repealed and the following subsection substituted: (2) A person shall not drive an off-highway vehicle on a road trail or a motor vehicle while the person's license or privilege of obtaining a license is cancelled, revoked or suspended under this Act or the Road Trails Act. 39 Subsection 306(1) of Chapter 293, as amended by Chapter 32 of the Acts of 2021, is further amended by adding "or the Road Trails Act" immediately after "this Act" in the third line. 40 Subsection 307(3) of Chapter 293, as enacted by Chapter 4 of the Acts of 2013, is amended by adding "or the Road Trails Act" immediately after "this Act" in the second line. 41 (1) Subsection 12(1) of Chapter 323 of the Revised Statutes, 1989, the Off-highway Vehicles Act, is repealed and the following Section substituted: (1) Except as provided by this Section, the Road Trails Act or as authorized by the Minister pursuant to Section 12D or 13, no person shall operate an off-highway vehicle upon a highway, upon the shoulder adjoining the travelled portion of a highway or upon the median of a highway. (2) Subsection 12(6) of Chapter 323, as amended by Chapter 29 of the Acts of 2018, is further amended by striking "Except" in the first line and substituting "Subject to the Road Trails Act and except". 42 Subsection 15(2) of Chapter 323 is repealed and the following subsection substituted: (2) An off-highway vehicle may only be equipped with (a) the lamps referred to in subsection (1); and (b) turn signal lights that comply with any requirements in the Road Trails Act and the regulations made under that Act and are only (i) red, white, yellow or amber when visible from behind the off-highway vehicle, and (ii) white, yellow or amber turn signal lights when visible from in front of the off- highway vehicle. 43 This Act has effect on such day as the Governor in Council orders and declares by proclamation. This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2023 Crown in right of Nova Scotia. Created March 24, 2023. Send comments to legc.office@novascotia.ca. Document: 302495 DECISION 2023 NSUARB 58 M10937 NOVA SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF THE MUNICIPAL GOVERNMENT ACT -and - IN THE MATTER OF AN APPLICATION by the MUNICIPALITY OF THE DISTRICT OF CHESTER to confirm the number of councillors and to confirm the boundaries of polling districts BEFORE: APPLICANT: HEARING DATE: DECISION DATE: DECISION: Jennifer L. Nicholson, CPA, CA, Panel Chair Julia E. Clark, LL.B., Member M. Kathleen McManus, K.C., Member MUNICIPALITY OF THE DISTRICT OF CHESTER March 7, 2023 April 18, 2023 Application is approved - 2 - Document: 302495 I SUMMARY [1] The Municipal Government Act requires every municipal council to conduct a study and apply to the Nova Scotia Utility and Review Board to confirm or alter the number of councillors and the boundaries of the polling districts. [2] The Municipality of the District of Chester (Municipality) applied to confirm the number of councillors and to confirm the boundaries of the polling districts. The Board approves the application, sets the number of councillors at seven, the number of polling districts at seven, and confirms the polling district boundaries. II BACKGROUND [3] The Municipal Government Act, S.N.S. 1998, c. 18 (Act), requires every municipal council to conduct a study and apply to the Nova Scotia Utility and Review Board to confirm or alter the number of councillors and the boundaries of the polling districts. Section 369 states: 369 (1) In the year 1999, and in the years 2006 and every eighth year thereafter the council shall conduct a study of the number and boundaries of polling districts in the municipality, their fairness and reasonableness and the number of councillors. (2) After the study is completed, and before the end of the year in which the study was conducted, the council shall apply to the Board to confirm or to alter the number and boundaries of polling districts and the number of councillors. [4] The Municipality applied to the Board to confirm the present number of councillors at seven and the boundaries of the seven polling districts. The population of the Municipality according to the 2021 Census is 10,693. [5] The Notice of Hearing was advertised in LighthouseNOW on February 8, 2023, and February 15, 2023. The Notice invited members of the public to provide - 3 - Document: 302495 comments to the Board before the hearing, or to request to speak at the public hearing. The Board did not receive any objections, letters of support, or requests to speak. [6] The Board conducted the hearing in the Municipality’s Council Chambers, Chester, Nova Scotia on March 7, 2023. Jonathan Meakin, Strategic Initiatives Coordinator, presented the application on behalf of the Municipality with assistance from Tara Maguire, Deputy Chief Administrative Officer. Pamela Myra, Municipal Clerk, and Samuel R. Lamey, K.C., solicitor for the Municipality, attended the hearing and spoke in support of the application. [7] The Municipality’s application did not provide the number of eligible electors contained in each polling district, based on the numbers from the last municipal election in October 2020. [8] The Municipality submitted the following information about the number of eligible electors in its application: [Exhibit C-1, p. 4] - 4 - Document: 302495 [9] In support of the application, Mr. Meakin gave a presentation setting out the current composition of Council, the Municipality’s population, and the relative parity of voting power in each polling district. He explained that all polling districts, except polling district 2, fall within the Board’s target variance of ±10% from the average number of electors per polling district. He stated polling district 2 is +13.21% from the average. [10] Mr. Meakin explained that Council considered possible revisions to the boundaries for polling Districts 1, 2 and 3 but postponed its decision whether to confirm or alter boundaries until public consultation was completed. [11] Public consultation took place in September and October 2022 with a Resident Survey developed by council staff. A print form of the Survey was featured in Municipal Insight, the Municipality’s newsletter, which is delivered to every home and business. An online survey was posted on the Municipality’s community engagement website. The survey included a map of the potential revisions to the polling district boundaries. [12] The Municipality received 43 total responses to its survey. Mr. Meakin stated that the results were inconclusive about attitudes towards possible boundary changes. Some residents raised no concerns about the proposed options while others expressed concerns about the impact on communities of interest. [13] Following the close of consultations, Council unanimously decided to confirm the current number of councillors and the current number and boundaries of the polling districts. [14] The reasons given in the application for maintaining the same number of councillors and confirming the boundaries of the polling districts were: - 5 - Document: 302495 • that the current size of Council and number of polling districts, as established in 1994, continues to provide effective and efficient representation and service for residents; • that there has not been a significant change in total population or distribution of population that would warrant a change in the number of councillors and polling districts; • that Polling District 2 is the only polling district outside the NSUARB target variance for relative parity of voting power of ±10%, and only slightly outside that range at +13.21%; and, • that possible revisions to Polling District 2 would have a more significant impact on communities of interest than the impact of number of voters in polling district 2 would have on parity of voting power. III FINDINGS [15] Section 368(4) and (5) of the Act set out the criteria for the Board to consider: 368 (4) In determining the number and boundaries of polling districts the Board shall consider number of electors, relative parity of voting power, population density, community of interest and geographic size. (5) In determining the number of councillors for a town, the Board shall consider the population and geographic size of the town. [16] For the purposes of the Act, the position of warden is included in the number of councillors. [17] In 2004, the Board determined that the target variance for relative parity of voting power shall be ±10% from the average number of electors per polling district or ward. Any variance in excess of ±10% must be justified in writing. The larger the proposed variance, the greater the burden on the municipal unit to justify the higher variance from the average number of electors. [18] While the Board will permit variances up to ±25%, the outer limits of this range should only apply in exceptional cases, where the affected municipality or town - 6 - Document: 302495 provides detailed written reasons showing that population density, community of interest, geographic size, or other factors, clearly justify the necessity of an increased variance within a polling district or ward. In most cases, however, the Board expects municipalities and towns to meet a target variance of the number of electors in each polling district or ward which is within a ±10% range of the average. [19] The Municipality’s evidence demonstrates a variance of +13.21% in Polling District 2, which is above the target variance of ±10%, but the Board finds it is justified. The Board weighed the small difference from the target variance against the potential impact on communities of interest if the boundaries were modified to resolve it. [20] For the purposes of the present application, the Board is satisfied, on the basis of the evidence before it, that the present size of Council should be maintained. The Board accepts the reasons set out in the application and maintains the current number and boundaries of the polling districts. [21] With respect to the Municipality's application to retain the existing “polling district” system, the Board concludes that the current system should also be maintained. [22] The Board is satisfied that the Municipality provided opportunities for public consultation. The Municipality distributed a print survey to all residences and businesses in the Municipality, as well as an online survey to ensure the views of the public were solicited and to address factors of appropriate representation and relative parity of voting power. Despite the low response rate, it is evident from the presentation and testimony at the hearing that the Municipality endeavoured to conduct a diligent assessment of the issues within this matter. - 7 - Document: 302495 [23] The Board approves the application. The number of polling districts is set at seven, each electing one councillor. The Board also confirms the present polling district boundaries as described in the application. [24] In recent years, some municipalities and towns have requested to provide the descriptions of its polling districts or wards using digital GIS technology. While the Board is mindful of the benefits of digital mapping over text descriptions, both in terms of cost and efficiency, the important factor to be considered is the subsequent use of any polling district or ward descriptions during the conduct of municipal elections. Regardless of the format, which is adopted by a municipality or town, the description must be able to address any inquiry made by electors or municipal election staff during the conduct of municipal elections. Accordingly, it is necessary that the scale of any digital mapping descriptions be capable of being adjusted to respond to any inquiry. In addition to filing a large hard copy map showing all polling districts or wards, the Board also requires the separate filing of individual digital mapping for each polling district or ward. The Board approves the filing of the digital maps by the Municipality. [25] The Board directs the Municipality to file its digital maps for each polling district. An Order will issue, approving the application, after the Board receives the digital maps. An Order will issue accordingly. DATED at Halifax, Nova Scotia, this 18th day of April, 2023. ______________________________ Jennifer L. Nicholson ______________________________ Julia E. Clark ______________________________ M. Kathleen McManus u orks Office of the inister PO Box 186, Halifax, Nova Scotia, Canada 83J 252 P 1 1 Warden Allen Webber Municipality of Chester 151 King Street PO Box 369 Chester, NS BOJ 1J0 Dear Warden Webber: Thank you for your letter dated February 23, 2023, regarding the status of the Department of Public Works' Traffic Calming Policy. I can advise that there has been considerable effort to date in the development of a new policy for traffic calming on provincial roads. A draft version of the Traffic Calming Policy will be forwarded to senior management soon for review. The final approval of this Policy is anticipated to take place this spring, at which time it will become accessible to the public. Thank you again for your letter and bringing these concerns to my attention. Yours sincerely, Kim D. Masland Minister REQUEST FOR DIRECTION REPORT TO: Municipal Council MEETING DATE: April 27, 2023 DEPARTMENT: Corporate and Strategic Management SUBJECT: Industrial Park Development Fund ORIGIN: Staff Recommendation Date: April 19, 2023 Prepared by: Erin Lowe, Senior Economic Development Officer Date: April 20, 2023 Reviewed by: Tara Maguire, Chief Administrative Officer Date: April 20, 2023 Authorized by: Tara Maguire, Chief Administrative Officer RECOMMENDED MOTION Council give direction to Staff to develop an Industrial Park Development Fund Policy. CURRENT SITUATION Staff are recommending that Council establish an Industrial Park Development Fund with revenue received from the sale of lands at the Kaizer Meadow Industrial Park as the source of funds held in an Industrial Park Development Reserve. BACKGROUND There is no current policy that allocates industrial park revenue to any particular use, and it is included as part of the general revenues in the annual operating surplus or deficit. DISCUSSION Establishing a reserve fund would ensure a dedicated source of funding for the development of municipally owned business/industrial park land. If a fund is not established, the funds from the sale of the property would continue to go into general operating surplus or deficit and as projects are identified to develop the KMIP, the source of funds would need to be identified. Staff further recommend that the revenue received from the recent sale of four acres at 59 Rainbow Drive ($80,000) be included as initial funding into the reserve fund. OPTIONS 1. Direct Staff to develop an Industrial Park Development Fund Policy. 2. Do not approve the development of an Industrial Park Development Fund Policy. In which case revenue goes to general revenues and we determine how to fund development of the industrial park as we go along. IMPLICATIONS By-Law/Policy The approval of this request would result in the development of a new policy. Financial/budgetary N/A R e q u e s t f o r D e c i s i o n P a g e | 2 Environmental N/A Strategic Priorities Priority Outcomes: Economic Development 1. Partner in the development of infrastructure and opportunities for business development and attraction. 2. Position the Municipality as Nova Scotia’s south shore community of choice for residents, businesses, and organizations, and as an international tourism destination. 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. 3. 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 N/A Has Legal review been completed? _ _ Yes _X _ No __ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) ATTACHMENTS INFORMATION REPORT REPORT TO: Council MEETING DATE: April 27, 2023 DEPARTMENT: Corporate & Strategic Management SUBJECT: Economic Development Sponsorships Update ORIGIN: Sponsorship Policy, P-87 Date: April 18, 2023 Prepared by: Erin Lowe, Sr. Economic Development Officer Date: Reviewed by: Tara Maguire, Chief Administrative Officer Date: April 20, 2023 Authorized by: Tara Maguire, Chief Administrative Officer CURRENT SITUATION For the 2023-24 fiscal year, Council has an Economic Development Sponsorship fund to sponsor events, advertising opportunities, or other initiatives that provide financial or public relations value to the municipality that are designed to help achieve Council priorities and generate local economic development benefit in one or more of the following areas: • Supporting business growth and employment. • Increasing visitor attraction. • Promoting the municipality to residents and visitors. BACKGROUND This Sponsorship is a form of marketing in which organizations pay to be associated with certain events or other advertising opportunities. Additionally, sponsorship provides community relations benefits by increasing visibility and recognition as a good community partner. Organizations are recognized as good community citizens when they support initiatives that assist groups that benefit or improve the quality of life and/or programing in their community. Sponsor opportunities are evaluated by the following criteria: • Relevance to the community. • The Municipal logo must be displayed on some marketing of the event. • The audience should be significant in size or targeted. DISCUSSION/UPDATES The following sponsorships were issued by the Senior Economic Development Officer as of April 5, 2023: Budget 2022-23 $6,000.00 Recent Sponsorships Golf 4 Charity $100.00 Balance $5,900.00 ATTACHMENTS Letter from Golf 4 Charity GOLF 4 CHARITY PROCEEDS FOR EAST CHESTER RECREATION WHEN Saturday, June 10 1pm WHERE Chester Golf Course REGISTRATION Contact Robert Stevens EMAIL • rlstevens@eastlink.ca PHONE # 902-275-4852 •902-4308934 • THE WORST DAY OF GOLF IS STILL BETTER THAN A DAY AT WORK DIVISIONS Ladies Mens Mixed Limited to the first 30 teams of 4 PLAY Club and tournament rules apply. 4 person scrabble Shot gun start PRIZES Closest to the hole Long Drive FEES Members $ 65 Non Members $105 Includes Golf Cart BENEFITING East Chester Recreation Association, Community Hall District Grants 2022-2023 Updated April 18, 2023 Requested Approved Date Approved Aspotogan Arts & Crafts Association: Clay Workshops 550.00$ 550.00$ January 12, 2023 East Chester Recreation Association: Small Renovations 2,500.00$ 2,500.00$ March 9, 2023 East River Village Hall: Christmas Event & Hall operating costs 2,000.00$ 2,000.00$ November 10, 2022 Forest Heights Community School: Prom 2022 300.00$ 300.00$ May 12, 2022 Ocean Swells Community Association:Parking Lot & Garbage Box 2,500.00$ $2,500.00 September 8, 2022 Ocean Swells Community Association:Air Exchanger 1,950.00$ Parish of Blandford: Community Gardens .200.00$ November 10, 2022 TOTAL FUNDS APPROVED 8,050.00$ TOTAL FUNDS REMAINING 1,950.00$ Aspotogan Fitness Club: Treadmill 1,800.00$ 1,800.00$ March 9, 2023 Chester Municipal Heritage Society: Caboose Project 500.00$ 500.00$ September 29, 2022 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 Hubbards Area Lions Club: Breakfast with Santa 300.00$ 300.00$ December 8, 2022 Hubbards Area Lions Club:Wheelchair accessible-comfort centre shower 3,000.00$ 3,000.00$ February 23, 2023 Through the Years Day Care and Community Centre: Heat Pumps 4,000.00$ 2,000.00$ May 12, 2022 TOTAL FUNDS APPROVED 9,900.00$ TOTAL FUNDS REMAINING 100.00$ Chester Brass Band: Summer Concerts 500.00$ 500.00$ June 23, 2022 Chester Minor Hockey Association: Jerseys & Benefit Tournament 1,000.00$ 1,000.00$ February 23, 2023 Chester Municipal Heritage Society: *Canada Day RE-purposed to Caboose 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 Chester United Soccer: Soccer Nets 2,000.00$ 2,000.00$ March 9, 2023 East Chester Recreation Association_Surface Upgrades 1,200.00$ 1,200.00$ April 13, 2023 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 10,000.00$ TOTAL FUNDS REMAINING -$ Aenon Baptist Church:AED Machine 1,000.00$ 1,000.00$ September 8, 2022 Aenon Baptist Church:Fun Day 3,000.00$ 3,000.00$ March 23, 2023 Chester Basin Fire Commission: Community Comfort Centre 2,000.00$ 2,000.00$ March 9, 2023 Chester Municipal Heritage Society: Caboose Project 1,000.00$ 1,000.00$ September 29, 2022 Forest Heights Community School: Prom 2022 300.00$ 300.00$ May 12, 2022 Friends of the 250th Legacy Park Society:Bench, Barrels, Table repairs, etc 2,500.00$ 2,500.00$ March 23, 2023 TOTAL FUNDS APPROVED 9,800.00$ TOTAL FUNDS REMAINING 200.00$ Forest Heights Community School: Prom 2022 300.00$ 300.00$ May 12, 2022 Together We Can Community Society: Christmas in the Park 1,600.00$ 1,543.00$ January 12, 2023 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 10,000.00$ TOTAL FUNDS REMAINING -$ 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 Handy Hands 4H Club: BBQ 200.00$ 200.00$ February 9, 2023 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 New Ross Trails Society: Trail Development / Improvement 3,000.00$ 3,000.00$ November 24, 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 10,000.00$ TOTAL FUNDS REMAINING -$ 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 Minor Hockey Association: Jerseys & Nunez Tournament 1,000.00$ 1,000.00$ February 23, 2023 Chester Municipal Heritage Society: *Canada Day RE-purposed to Caboose 3,000.00$ 500.00$ May 12, 2022 Chester Municipal Heritage Society: Caboose Project 500.00$ 500.00$ September 29, 2022 Chester United Soccer: Soccer Nets 1,500.00$ 1,500.00$ March 9, 2023 District 7 Forest Heights Community School: Prom 2022 300.00$ 300.00$ May 12, 2022 Studio Singers: Accompanist 1,500.00$ 1,500.00$ September 29, 2022 TOTAL FUNDS APPROVED 9,800.00$ TOTAL FUNDS REMAINING 200.00$ Total Funds Approved 67,550.00$ District Grant Budget 2022-2023 70,000.00$ Remaining Funds 2,450.00$ District 6 District 1 District 2 District 4 District 5 District 3 MUNICIPALITY OF THE DISTRICT OF CHESTER DISTRICT GRANT APPLICATION Name of Organization Ocean Swells Community Association Contact Person Phil Lamont Position with Organization Vice Chair Secretary Organization Mailing Address C/o 255 Southwest Cove Rd Northwest Cove NS B0J1T0 Phone: Mobile Email: Date: 17 March 2023 Signature of Signing Officer(s) and their position with Organization: Name (printed) Position X Endorsement (check box) I declare I am a member of the organization and have authority to submit this application. _______Phil Lamont________ __Secretary___________________ Amount Requested: $ 1950. Municipal District # 1 1) Please provide a brief description of your project or event. (Maximum 1250 characters) Air quality should be improved in our Hall. Lack of use during the pandemic contributed to this. 2) Please provide a brief description of how you plan to spend any District Grant funding. (Max 800 characters) Purchase air exchange/cleaning units to alleviate the problem. Our older members are sensitive to the condition. Who should the cheque be made payable to? _ Ocean Swells Community Association Please forward applications to the following: Recreation & Parks Services “District Grant” Municipality of the District of Chester PO Box 369 Chester NS B0J 1J0 Email: recreation@chester.ca District Grants 2023-2024 Updated April 19, 2023 Requested Approved Date Approved FHCS Prom Committee 300.00$ TOTAL FUNDS APPROVED -$ TOTAL FUNDS REMAINING 10,000.00$ FHCS Prom Committee 300.00$ TOTAL FUNDS APPROVED -$ TOTAL FUNDS REMAINING 10,000.00$ FHCS Prom Committee 300.00$ TOTAL FUNDS APPROVED -$ TOTAL FUNDS REMAINING 10,000.00$ FHCS Prom Committee 300.00$ TOTAL FUNDS APPROVED -$ TOTAL FUNDS REMAINING 10,000.00$ FHCS Prom Committee 300.00$ TOTAL FUNDS APPROVED -$ TOTAL FUNDS REMAINING 10,000.00$ Forties Community Centre: Oktoberfest 500.00$ 500.00$ Apirl 13, 2023 FHCS Prom Committee 300.00$ TOTAL FUNDS APPROVED 500.00$ TOTAL FUNDS REMAINING 9,500.00$ FHCS Prom Committee 300.00$ District 7 TOTAL FUNDS APPROVED -$ TOTAL FUNDS REMAINING 10,000.00$ Total Funds Approved 500.00$ District Grant Budget 2023-2024 70,000.00$ Remaining Funds 69,500.00$ District 6 District 1 District 2 District 3 District 4 District 5 Page 1 of 2 MUNICIPALITY OF THE DISTRICT OF CHESTER ~ DISTRICT GRANT APPLICATION ~ Deadline to Apply: No deadline Name of Organization Contact Person Position with Organization Organization Mailing Address Phone: Cell: Email: Date: Signature of Signing Officer and position with Organization: Name: 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. Note: Feel free to attach additional supporting documents if the space provided is not sufficient. Page 2 of 2 2) How do you plan on spending your District grant funds? 3) Please describe the positive effects your project will have on the community and how it supports the Municipal Strategic Priorities Framework (to view the Priorities document click the attached link or copy and paste it in your browser .) https://portal.laserfiche.ca/Portal/DocView.aspx?id=1236847&repo=r -0001f4a08362 or Google ‘Municipality of Chester Strategic Priorities’. Yes No If No, please submit your Final Report as soon as possible. _______________________________________________________________________________________ 5) Who should the cheque be made payable to and what address should we send it to if different from Page 1? Please email a pdf version of your application to : recreation@chester.ca OR mail a hard copy to: Recreation & Parks Services Municipality of the District of Chester 186 Central Street, PO Box 369 Chester NS B0J 1J0 *If you have any questions, please call us at 902-275-3490. 4) If you have previously received any grants from the Municipality, have you submitted the Final Report? THE MUNICIPALITY OF C ESTER RE UEST FOR DECISIO REPORT TO: SUBMITTED BY: DATE: SUBJECT: ORIGIN: Municipal Council Cliff Gall, Director of Information Services Thursday April 13, 2023 Council Chamber Upgrades COVID 19/Declared Emergency, Electronic Meetings Prepared By: Reviewed By: Authorized By: Cliff Gall, Director of Information Services Tim Topping, Director of Finance and Information Services Tara Maguire, CAO Date 2023-02-28 Date 2023-03-01 Date 2023-04-21 CURRENT SITUATION The COVID 19 pandemic has highlighted the recent need to upgrade our existing Council Chamber audio video (AV) equipment. The existing technologies currently utilized in the Council Chamber do not meet the current requirements of a modern and accessible meeting space. Proposed upgrades will allow fora professional electronic broadcast system for meetings in Council Chambers beyond the current pandemic. RECOMMENDATION 1. THAT Council permits staff to work with Backman Vidcom Ltd. for the supply of audio- visual goods associated with upgrades in Council Chambers in the amount of $115,000 funded from the Operations Reserve. 2. AND THAT Council authorize the use of push to talk functionality on desk microphones, enabling automated camera tracking during Council meetings. 3. AND THAT Council authorize the use of electronic voting during Council meetings. BACKGROUND The COVID-19 ushered in an era of change to local government business operations. Meetings have been conducted electronically; temporary closures and capacity limits altered our reception areas, and wearing masks was mandatory. During the gradual lifting of restrictions, a "new normal" now exists in our working environment. The "new normal" included the return to meeting in person while simultaneously continuing to offer the option to attend the meeting and participate fully via electronic means: the "hybrid meeting". Increasingly the hybrid meeting is not just a preference but is becoming the 2 Request for Decision Council Chambers Audio Visual Upgrades expectation. Meeting in person without also providing the option to attend electronically is increasingly considered to be non -inclusive and to restrict participation only by those who are able, and to exclude those who have restricted mobility or other barriers that prevent in -person attendance of meetings. I C SSI The original audio system was installed by Backman Vidcom in 2016 and no longer meets the requirements of a modern, accessible environment. Key elements will need to be replaced to allow for streaming video and high -quality sound and echo cancellation. The project includes replacing the existing audio capabilities to accommodate hybrid meeting technologies and increasing the performance to permit multiple computer distribution within the Council Chambers; Technology upgrades to the chamber including the support for electronic voting (should council decide to utilize it in the future). Audio Visual Equipment Many of the project expenses are related to the AV upgrades required within the Council Chambers. As the pandemic has progressed, the technologies required for hybrid meetings have improved dramatically to prevent audio feedback, lags in video and other performance enhancements. The addition of the hybrid component has made the AV requirements much more specialized. Staff have been working with Backman Vidcom to assess the required upgrades to permit Council members, staff, members of the public, and others to participate in the meeting with the same unified experience, whether they are in -person or virtual. The suggested AV upgrades will include: • New microphone system (compatible with hybrid meetings). *Includes the functionality to push to talk on the microphone which is tied to the auto -tracking camera system. • New broadcasting control system with AV Bridge to Youtube, facebook, etc. • Equipment Rack and Floor track for existing cabling • Equipment to allow the option of a Live Interpreter at future meetings. • New gallery display for improved visuals. • Bluetooth audio for Assistive Listening. • Installation, Programming, and Training on the system. 3 Request for Decision Council Chambers Audio Visual Upgrades This configuration is upgradable in the future if needs change. The public view should be like the current virtual environment, voice assisted camera capture for the active speaker giving everyone an immersive experience. The following municipalities in Nova Scotia have utilized similar setups: 1. Town of Amherst 2. Town of Truro 3. East Hants 4. Town of Kentville MPLICAT NS Policy Procurement Policy -04, Alternative Procurement — Standing Offer— Backman Vidcom Ltd. (Contract ID CW60559 "Video Conferencing Solutions, Related to Equipment, Installation and Support") Financial/Budgetary $115,000 from Operating Reserves. Strategic Plan 3). Continually improve public satisfaction with municipal services. 4). Ensure sufficient infrastructure is available to best serve our residents and businesses. Work Program This Project will be accommodated in the baseline work program of the Information Services department. PTI S 1. Do not upgrade the conferencing equipment in the Council Chambers at this time. 2. Supply, Installation, Programming and Training of AV upgrades in the amount of $115,000.