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HomeMy Public PortalAbout2019-03-14_Council_Agenda Package (added 8.3)Page 1 of 2 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Thursday,March 14, 2019 Chester Municipal Council Chambers 151 King Street, Chester, NS 1.MEETING CALLED TO ORDER. 2.APPROVAL OF AGENDA/ORDER OF BUSINESS. 3.PUBLIC INPUT SESSION (8:45 a.m. to 9:00 a.m.) 4.MINUTES OF PREVIOUS MEETING: 4.1 Council –February 28,2019 a)Motion of Council -2019-064/077 –Deferred to March 14, 2019. 5.COMMITTEE REPORTS: 5.1 Committee of the Whole –March 7, 2019 –Warden Webber (approval of motions only) 5.2 Audit Committee –March 7, 2019 –Warden Webber (approval of motion only) 5.3 Committee of the Whole –February 21,2019 –Warden Webber (receive minutes only) 5.4 Audit Committee –August 17, 2018 –Warden Webber (receive minutes only) 5.5 Any other Committees. 6.MATTERS ARISING. 7.CORRESPONDENCE: 7.1 Letter received on February 21, 2019 from New Ross Regional Development Society regarding interest of the general public to be more able to access Council Meetings, via video and/or audio. (deferred from February 28 th Council Meeting) 7.2 Proclamation request from The Epilepsy Association of Nova Scotia dated January 24, 2019 regarding Purple Day for Epilepsy Proclamation on March 26th and request that a purple ribbon be worn by Council members throughout the Page 2 of 2 month of March (Epilepsy Awareness Month),especially at the monthly March Council Meetings and March 26th (Purple Day) and a photo to show support for their constituents who live with epilepsy. 8.NEW BUSINESS: 8.1 Information Report prepared by Community Development Department dated March 5, 2019 regarding Affordable Housing Survey. 8.2 News Release from Nova Scotia Federation of Municipalities (NSFM)regarding Proposed Changes Giving Municipalities More Autonomy in Spending Powers. a)Bill No. 92 -Municipal Government Act (amended)and Halifax Regional Municipality Charter (amended). 9.IN CAMERA. 10.ADJOURNMENT. MOTIONS REQUIRING APPROVAL OF COUNCIL FROM MARCH 7, 2019 AUDIT COMMITTEE MEETING 2019-094 Approval of Agenda/Order of Business with addition 2019-095 Approval of August 17, 2018 Audit Committee Minutes 2019-096 ACCEPTANCE OF AUDIT STRATEGY (March 7, 2019) MOVED by Bruce Phinney, SECONDED by Councillor Hector that the Audit Committee recommend to Council acceptance of the Audit Strategy dated March 7, 2019 as presented by Grant Thornton representatives. CARRIED. 2019-097 Adjournment. INFORMATION REPORT Prepared By:Tara Maguire, Director Date March 5, 2019 Reviewed By:Dan McDougall, CAO Date March 7, 2019 Authorized By:Dan McDougall, CAO Date March 8, 2019 CURRENT SITUATION Affordable Housing has been identified as a strategic priority of Council, however, due to resources and current priorities including the Plan Review, staff has been directed hold off on development of a strategy until the Plan Review is completed. However, a request has been made by Housing Nova Scotia for municipalities to participate in a survey that will help to shape the Province’s new Action Plan. The feedback is due today, March 14. Staff felt it was prudent to obtain consensus from Council on the responses and priorities for MODC. RECOMMENDATION It is recommended that staff be directed to provide responses, including any changes deemed necessary to Housing Nova Scotia before the deadline for submissions. BACKGROUND The Province’s new Housing Action Plan is being driven by the National Housing Strategy,Housing Nova Scotia has requested comments and feedback from municipalities to better understand the challenges and priorities for municipalities related to Affordable Housing.For municipalities that wish to further discuss their housing challenges, Housing Nova Scotia has indicated that they would be pleased to meet with a municipal council upon request. Our responses will help Housing Nova Scotia better understand MODC’s concerns regarding affordable housing and homelessness, as well as identify potential areas of intervention.Housing Nova Scotia has said that they recognize that housing is a provincial responsibility but believe municipalities can be part of the solution. Housing Nova Scotia has agreed to share aggregate results from this survey at our Spring Workshop, in May 2019, in Truro. ATTACHMENTS The draft responses are provided for further input and discussion. REPORT TO:Municipal Council SUBMITTED BY:Community Development DATE:March 14, 2019 SUBJECT:Affordable Housing Survey ORIGIN:Request from Housing Nova Scotia Housing Survey for NS Municipalities Current Situation 1.To the best of your understanding, is the availability of affordable housing a concern in your municipality? (Affordable housing refers to both rented and owned housing below market rates, as defined by the Canadian Mortgage and Housing Corporation (CMHC)).* Yes No 2.How important is addressing affordable housing for your municipal council?* Very Important Important Neutral Unimportant Very Unimportant 3.Does your council have, or is it working toward, policies, targets, or strategies to help address affordable housing?* Yes No 4.If you answered "yes" to the previous question, please specify. We have completed an Age Friendly Housing Study that highlights the need for affordable housing options for seniors, most notably the need for assisted and independent living options for all income groups. Our ICSP indicated that Affordable housing is a key priority and lists the following action items: 1.Quantify the need for affordable housing; adapt policies: 2.Meet with provincial housing representatives to determine available support 3.Review approaches and procedures used in other communities and jurisdictions for affordable housing solutions: 4.Review land use controls to remove potential impediments for constructing affordable housing 5.Meet with members of the development and construction community / Encourage builders and developers 6.Consider cooperative housing units, land trust Some of these items have been incorporated into our corporate strategic plan and into our draft Planning Documents. 5.Municipalities experience different housing issues. Of the 10 issues below, please select your municipality's top 5 issues and rank them in order of importance, with 1 being the most important. Rank the items below, using numeric values starting with 1. Low vacancy rate for rental units High number of vacant houses Housing supply misaligned with demand (e.g. insufficient mobile homes to meet demand) 3.Existing homes in need of major repairs Existing homes in need of accessibility adaptations 4.Lack of accessible or barrier-free units 1.Lack of available rental housing 2.Short term rental (e.g. Airbnb) 5.Homelessness (e.g. rough sleeping, couch surfing) No new residential development 6.If there are any additional housing challenges your municipality faces, please list them. The South Shore Housing Action Coalition has produced a report on the current state of housing in the county, and identified a significant need for affordable housing in the municipality. The findings of this report were that 38% of all rental households in the municipality are in core housing need. 83% of single-parent families who rent are in core housing need –the need for more affordable housing is clear. 7.To the best of your understanding, is homelessness a concern in your municipality?* Yes No 8.How important is addressing homelessness for your municipal council?* Very Important Important Neutral Unimportant Very Unimportant 9.Does your council have, or is it working toward, policies, targets, or strategies to help address homelessness?* Yes No 10.If you answered "yes" to the previous question, please specify. 11.Does your municipality experience a shortage in any of the following housing types? (Select all that apply)* y Accessible housing for persons with disabilities Off-reserve Indigenous housing y Seniors rental housing y Co-op/not-for-profit housing y Rooming houses (single-room occupancy) y Supportive Housing (shelters, transition houses) Home ownership y Rental accommodation No housing shortages Other, please specify 12.Please provide any additional comments for your response above. (Question #11) 13.In your view, what are the main barriers to expanding affordable housing in your municipality? (Select all that apply)* Lack of land available Cost of land Costs of construction (supply and labour) Limited number of builders/developers interested in building new homes **Zoning/regulations Insufficient government assistance (federal, provincial, municipal) Development fees There are no barriers Other, please specify 14.Please indicate which of the following approaches your municipality would consider to help advance affordable housing. (Select all that apply)* Density bonusing Housing Reserve Fund Streamline development process Housing Development Corporation Energy efficiency programs Land bank Contribution to promote development of affordable housing Encouraging secondary suites Reduction/elimination of development fees Property tax exemption/reduction We are not able to contribute any resources at this time Other, please specify There seem to be 2 significant barriers. The first is the availability of central services. The cost of on -site services for non profits and developers who are willing to build affordable units seem to be an issue. Once sprinklers are required this increases the challenges. Our past discussions with Housing NS and CHMC have highlighted the desire to have affordable housing that is close to services, schools, shopping etc. due to limited availability of transportation options.One area that has been identified as most suitable for affordable housing is in close proximity to the village of Chester. However, this is also the area with the most restrictions (i.e. height restrictions and density restrictions that limit density), high land costs, and least amount of available land for housing. Opportunities for housing in other communities such as Hubbards and New Ross have fewer zoning restrictio ns and greater availability of affordable land. 15.To what extent is your municipal council currently advancing approaches listed in Question #14 above to address affordable housing?* Not at all To a small extent To a moderate extent To a large extent To a very large extent Density bonusing x Housing Reserve Fund x Streamline development process x Housing Development Corporation x Energy efficiency program x Land bank x Contribution to promote development of affordable housing x Encouraging secondary suites x Reduction/elimination of development fees x Property tax exemption/reduction x Other 16.If your municipal council is advancing any of the approaches listed in Question #14, please provide additional details about specific actions taken or under consideration. Use of tools such as site plan and as of right to allow for multi-unit housing (most zones allow for multi-units as of right), elimination of density caps in draft planning documents and secondary suites permitted in most zones as of right.There are some greater restrictions on affordable housing in the Village of Chester planning documents (more restrictive than the Municipal Planning documents).Council considered energy efficiency loan program but opted to address water supply lending program as priority.Currently have a generous low income property tax reduction program in place.The Municipality has provided a grant to a non -profit to support the development of affordable housing options in New Ross. Priorities and Actions 17.The Province of Nova Scotia has identified the following seven long -term housing outcomes for Housing Nova Scotia: 1.Advance Government Strategic Goal: Safe Connected Communities –Affordable Housing 2.Reduce the public housing waiting list 3.Ensure long-term sustainability of community housing (government, co-op, and not-for-profit) 4.Ensure the most vulnerable populations are served 5.Increase supply of affordable housing 6.Leverage external (federal) funding 7.Achieve operational efficiency and effectiveness These outcomes were developed in alignment with the National Housing Strategy goals and to better meet the needs of low-to moderate-income Nova Scotians. As part of advancing these housing outcomes, Housing Nova Scotia is considering various initiatives for inclusion in its Action Plan. To better understand which of these potential priorities are most important to your municipality, please rate the importance of each of the following:* Low Importance Medium Importance High Importance Develop a provincial strategy on reducing and preventing homelessness x Increase support for off-reserve rental housing targeted to Indigenous population x Improve data collection,analysis, and research x Direct supports to identified vulnerable groups, as per the outcomes x Establish strategic partnerships to create affordable housing x Promote mixed-use, mixed-income housing development x Rent subsidies for low-income households x Home repair and adaptation for low- income homeowners x Building capacity in the co-op and not- for-profit sectors x Creating more accessible housing x 18.In your opinion, what would be the best way for Housing Nova Scotia to partner with municipalities to help advance long-term provincial housing outcomes, as described in Question #17 above? Provision of funding for staff resources, including housing navigators to build partnerships with municipalities and to assist developers and landlords to navigate program and regulatory requirements Addressing the funding issues/barriers faced by developers of affordable housing 19.Do you have any additional comments or feedback that could help inform the development of the Province's Action Plan for the delivery of the National Housing Strategy? 20.Please indicate whether you are responding to this survey in your capacity as an elected official or Chief Administrative Officer for your municipality.* Elected Official CAO 21.Please select your municipality from the drop down menu.* 22.Please select your county from the drop down menu.* 23.Is your municipality part of the NSFM regional, town, or rural caucus?* Better Government. Stronger Communities. -30- About NSFM: The Nova Scotia Federation of Municipalities (NSFM) has been the collective voice for municipal governments across the province since 1906. With 379 members comprising Mayors, Wardens and councillors, NSFM represents the interests of municipalities on policy and program matters that fall within provincial jurisdiction. Members include all 50 of Nova Scotia's municipalities. 1809 Barrington St., Suite 1304, Halifax, NS B3J 3K8 Tel: (902) 423-8331 Fax: (902) 425-5592 E-mail: info@nsfm.ca www.nsfm.ca BILL NO. 92 (as introduced) 2nd Session, 63rd General Assembly Nova Scotia 68 Elizabeth II, 2019 Government Bill Municipal Government Act (amended) and Halifax Regional Municipality Charter (amended) The Honourable Chuck Porter Minister of Municipal Affairs First Reading: March 5, 2019 (Explanatory Notes) Second Reading: Third Reading: Page 1 of 8Nova Scotia Legislature -Bill 92 -Municipal Government Act (amended) and Halifax Re... 3/8/2019https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b092.htm Explanatory Notes Clauses 1 and 2 restate the purposes of a municipality. Clause 3 clarifies that the powers conferred by the Municipal Government Act must be interpreted broadly. Clause 4 makes consequential amendments to reflect that municipalities will have separate operating and capital budgets. Clause 5 (a) requires municipalities to adopt operating and capital budgets; (b) repeals a specific list of allowed expenditures and replaces it with general expenditure powers; and (c) requires councils to adopt procedures to authorize and verify non-budgeted expenditures and policies for the disclosure of grant recipients. Clause 6 preserves the power for a municipality to borrow to contribute a capital grant to a hospital. Clause 7 preserves the power for a municipality to contribute to a hospital. Clause 8 preserves and expands the power of councils to make by-laws charging for the installation on private property of energy-efficiency equipment, renewable energy equipment and water conservation equipment with the consent of the property owner. Clause 9 repeals a specific expenditure power which is no longer needed. Clauses 10 and 11 restate the purposes of the Halifax Regional Municipality. Clause 12 clarifies that the powers conferred by the Halifax Municipality Charter must be interpreted broadly. Clause 13 makes consequential amendments to reflect that the Municipality will have separate operating and capital budgets. Clause 14 repeals a specific expenditure power which is no longer needed. Clause 15 (a) requires the Municipality to adopt operating and capital budgets; (b) repeals a specific list of allowed expenditures and replaces it with general expenditure powers; and (c) requires the Council to adopt procedures to authorize and verify non-budgeted expenditures and policies for the disclosure of grant recipients. Clause 16 preserves the power for the Municipality to borrow to contribute a capital grant to a hospital. Page 2 of 8Nova Scotia Legislature -Bill 92 -Municipal Government Act (amended) and Halifax Re... 3/8/2019https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b092.htm Clause 17 preserves the power for the Municipality to contribute to a hospital. Clause 18 preserves and expands the power of the Council to make by-laws charging for the installation on private property of equipment in respect of the Cogswell District Energy System, energy-efficiency equipment, renewable energy equipment and water conservation equipment with the consent of the property owner. An Act to Amend Chapter 18 of the Acts of 1998, the Municipal Government Act, and Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter Be it enacted by the Governor and Assembly as follows: MUNICIPAL GOVERNMENT ACT 1 Section 2 of Chapter 18 of the Acts of 1998, the Municipal Government Act, is amended by striking out clause (c) and substituting the following clause: (c) recognize the purposes of a municipality set out in Section 9A. 2 Chapter 18 is further amended by adding immediately after Section 9 the following Section: 9A The purposes of a municipality are to (a) provide good government; (b) provide services, facilities and other things that, in the opinion of the council, are necessary or desirable for all or part of the municipality; and (c) develop and maintain safe and viable communities. 3 Chapter 18 is further amended by adding immediately after Section 14 the following Section: 14A The powers conferred on a municipality and its council by this Act must be interpreted broadly in accordance with the purpose of this Act as set out in Section 2 and in accordance with the purposes of a municipality as set out in Section 9A. 4 Subsection 31(1) of Chapter 18 is amended by (a) striking out "budget is" in the first line of clause (b) and substituting "operating and capital budgets are"; and (b) striking out "budget" in the second line of clause (c) and substituting "budgets". 5 Section 65 of Chapter 18 is repealed and the following Sections substituted: Page 3 of 8Nova Scotia Legislature -Bill 92 -Municipal Government Act (amended) and Halifax Re... 3/8/2019https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b092.htm 65 The council shall adopt an operating budget and a capital budget for each fiscal year. 65A (1) Subject to subsections (2) to (4), the municipality may only spend money for municipal purposes if (a) the expenditure is included in the municipality's operating budget or capital budget or is otherwise authorized by the municipality; (b) the expenditure is in respect of an emergency under the Emergency Management Act; or (c) the expenditure is legally required to be paid. (2) The municipality may expend money provided for in an operating budget or capital budget for a purpose other than that set out in the operating budget or capital budget for that fiscal year if the expenditure does not affect the total of the amounts estimated for the operating budget and the capital budget. (3) The municipality may authorize expenditures from its operating budget or transfer money from the operating budget to its capital budget if the total amount of such expenditures and transfers for the fiscal year does not exceed the total amount of estimated revenue from all sources in excess of the amount estimated for those sources in the operating budget for that fiscal year. (4) The municipality may authorize capital expenditures that are not provided for in its capital budget if the total of such expenditures does not exceed the greater of (a) the amount authorized to be transferred from the operating budget to the capital budget under subsection (3); (b) the borrowing limits established for the municipality under Section 86; or (c) the amount withdrawn from a capital reserve fund under subsection 99(4). (5) In the event of ambiguity in whether or not the municipality has the authority under this or any other Act to spend money or to take any other action, the ambiguity may be resolved so as to include, rather than exclude, powers the municipality had on the day before this Section came into force. 65B The council shall establish procedures to authorize and verify expenditures that are not included in an operating budget or capital budget. 65C (1) The council shall adopt a policy that requires the municipality to disclose to the public a list of recipients of grants made by the municipality and the amounts of those grants. (2) A policy adopted under subsection (1) must include the (a) frequency and timing of disclosure; (b) content to be included in a disclosure; and (c) form in which the disclosure must be made. Page 4 of 8Nova Scotia Legislature -Bill 92 -Municipal Government Act (amended) and Halifax Re... 3/8/2019https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b092.htm (3) A policy adopted under subsection (1) may include any other matter that the council considers necessary or advisable to carry out effectively the intent and purpose of the policy. 6 Subsection 66(4) of Chapter 18, as amended by Chapter 35 of the Acts of 2001, Chapter 7 of the Acts of 2004 and Chapter 55 of the Acts of 2005, is further amended by adding immediately after clause (da) the following clause: (db) to contribute a capital grant to a hospital to which the Hospitals Act applies; 7 Section 75 of Chapter 18, as amended by Chapter 9 of the Acts of 2005, is further amended by adding immediately after subsection (1) the following subsection: (1A) For greater certainty, an expenditure under subsection (1) may include a contribution to a hospital to which the Hospitals Act applies. 8 Subsection 81A(1) of Chapter 18, as enacted by Chapter 25 of the Acts of 2016, is amended by repealing clauses (a) and (b) and substituting the following clauses: (a) energy-efficiency equipment; (b) renewable energy equipment; and (c) equipment for the supply, use, storage or conservation of water. 9 Subsection 172A(6) of Chapter 18 is repealed. HALIFAX REGIONAL MUNICIPALITY CHARTER 10 Section 2 of Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, is amended by striking out clause (c) and substituting the following clause: (c) recognize the purposes of the Municipality set out in Section 7A. 11 Chapter 39 is further amended by adding immediately after Section 7 the following Section: 7A The purposes of the Municipality are to (a) provide good government; (b) provide services, facilities and other things that, in the opinion of the Council, are necessary or desirable for all or part of the Municipality; and (c) develop and maintain safe and viable communities. 12 Chapter 39 is further amended by adding immediately after Section 11 the following Section: 11A The powers conferred on the Municipality and its Council by this Act must be interpreted broadly in accordance with the purpose of this Act as set out in Section 2 and in accordance with the purposes of the Municipality as set out in Section 7A. Page 5 of 8Nova Scotia Legislature -Bill 92 -Municipal Government Act (amended) and Halifax Re... 3/8/2019https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b092.htm 13 Subsection 35(1) of Chapter 39 is amended by (a) striking out "budget is" in the first line of clause (b) and substituting "operating and capital budgets are"; and (b) striking out "budget" in the first line of clause (c) and substituting "budgets". 14 Subsection 62(6) of Chapter 18 is repealed. 15 Section 79 of Chapter 39 is repealed and the following Sections substituted: 79 The Council shall adopt an operating budget and a capital budget for each fiscal year. 79A (1) Subject to subsections (2) to (4), the Municipality may only spend money for municipal purposes if (a) the expenditure is included in the Municipality's operating budget or capital budget or is otherwise authorized by the Municipality; (b) the expenditure is in respect of an emergency under the Emergency Management Act; or (c) the expenditure is legally required to be paid. (2) The Municipality may expend money provided for in an operating budget or capital budget for a purpose other than that set out in the operating budget or capital budget for that fiscal year if the expenditure does not affect the total of the amounts estimated for the operating budget and the capital budget. (3) The Municipality may authorize expenditures from its operating budget or transfer money from the operating budget to its capital budget if the total amount of such expenditures and transfers for the fiscal year does not exceed the total amount of estimated revenue from all sources in excess of the amount estimated for those sources in the operating budget for that fiscal year. (4) The Municipality may authorize capital expenditures that are not provided for in its capital budget if the total of such expenditures does not exceed the greater of (a) the amount authorized to be transferred from the operating budget to the capital budget under subsection (3); (b) the borrowing limits established for the Municipality under Section 109; or (c) the amount withdrawn from a capital reserve fund under subsection 120(4). (5) In the event of ambiguity in whether or not the Municipality has the authority under this or any other Act to spend money or to take any other action, the ambiguity may be resolved so as to include, rather than exclude, powers the Municipality had on the day before this Section came into force. 79B The Council shall establish procedures to authorize and verify expenditures that are not included in an operating budget or capital budget. Page 6 of 8Nova Scotia Legislature -Bill 92 -Municipal Government Act (amended) and Halifax Re... 3/8/2019https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b092.htm 79C (1) The Council shall adopt a policy that requires the Municipality to disclose to the public a list of recipients of grants made by the Municipality and the amounts of those grants. (2) A policy adopted under subsection (1) must include the (a) frequency and timing of disclosure; (b) content to be included in a disclosure; and (c) form in which the disclosure must be made. (3) A policy adopted under subsection (1) may include any other matter that the Council considers necessary or advisable to carry out effectively the intent and purpose of the policy. 16 Subsection 83(4) of Chapter 39 is amended by adding immediately after clause (da) the following clause: (da) to contribute a capital grant to a hospital to which the Hospitals Act applies; 17 Section 96 of Chapter 18 is amended by adding immediately after subsection (1) the following subsection: (1A) For greater certainty, an expenditure under subsection (1) may include a contribution to a hospital to which the Hospitals Act applies. 18 Subsection 104A(1) of Chapter 39, as enacted by Chapter 25 of the Acts of 2016 and amended by Chapter 9 of the Acts of 2018, is further amended by repealing clauses (a) to (b) and substituting the following clauses: (a) equipment installed in respect of a district energy system within the Cogswell District Energy Boundary; (b) energy-efficiency equipment; (c) renewable energy equipment; and (d) equipment for the supply, use, storage or conservation of water. This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2019 Crown in right of Nova Scotia. Created March 5, 2019. Send comments to legc.office@novascotia.ca. Page 7 of 8Nova Scotia Legislature -Bill 92 -Municipal Government Act (amended) and Halifax Re... 3/8/2019https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b092.htm © 2017 More Information Full Glossary Types of Bills How a Bill becomes law Orders in Council Registry of Regulations Library resources on law Constitutional Timeline Page 8 of 8Nova Scotia Legislature -Bill 92 -Municipal Government Act (amended) and Halifax Re... 3/8/2019https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b092.htm