Town Council Meeting June 18, 2019 6:30 P.M

Town Council Meeting June 18, 2019 6:30 p.m. Council Chambers, Town Hall 359 Main Street

Agenda Call to Order

1. Approval of Agenda

2. Approval of Minutes a. Rescind and reapprove Minutes April 16, 2019 b. Public Hearing, May 21, 2019 c. Town Council Meeting, May 21, 2019 d. Town Council In-Camera Meeting, May 21, 2019 e. Special Town Council Meeting, June 4, 2019

3. Comments from the Mayor

4. Presentations: a. Glen Bannon – Kings Transit Authority b. Accessibility Awards

5. Public Input / Question Period Procedure: A thirty-minute time period will be provided for members of the public to address Council regarding questions, concerns and/or ideas. Each person will have a maximum of two minutes to address Council with a second two-minute time period

359 Main Street | Wolfville | NS | B4P 1A1 | t 902-542-5767 | f 902-542-4789 Wolfville.ca provided if there is time within the thirty-minute Public Input / Question timeframe.

6. Motions/Recommendations from Public Hearing, June 18, 2019 a. RFD 017-2019: 292 Main Street

7. Motions/Recommendations from Committee of the Whole, June 4, 2019: a. RFD 033-2019: Public Art Proposal 2019 b. RFD 031-2019: Electronic Voting c. RFD 038-2019: Mona Parsons funding d. RFD 037-2019: East End Gateway - Beautification and Streetscape Program

8. New Business: a. RFD 034-2019: Kings Transit Authority Budget b. RFD 029-2019: Nuisance Party Bylaw, Second Reading

9. Correspondence: a. April Jestings-Wallace – Family History b. Devon Bailey – Job Opportunities c. Chaiti Seth – Invitation to Green New Deal d. David Daniels – 6 Prospect e. Terry Drahos – Every Day f. Terry Drahos – Noise Bylaw Violation g. Karen Padovani – Public Comment Amendment h. David Daniels – 6 Prospect i. Lynn Hiltz – Alliance Dental Curb Cut j. Kings Transit - Creation of Operative Reserve

10. Public Input / Question Period: Procedure: A thirty-minute time period will be provided for members of the public to address Council regarding questions,

359 Main Street | Wolfville | NS | B4P 1A1 | t 902-542-5767 | f 902-542-4789 Wolfville.ca concerns and/or ideas. Each person will have a maximum of two minutes to address Council with a second two-minute time period provided if there is time remaining within the thirty-minute Public Input/Question Period timeframe.

11. Regular Meeting Adjourned

359 Main Street | Wolfville | NS | B4P 1A1 | t 902-542-5767 | f 902-542-4789 Wolfville.ca REQUEST FOR DECISION 017-2019 UPDATE Title: UPDATE: 292 Main Street Proposal for Development Agreement Date: 2019-06-18 Department: Planning and Development

SUMMARY

Committee of the Whole had specific areas of concern around parking, bike parking, greenspace maintenance, and the inclusion of car-shares. At this time Staff are confident there is adequate car parking, there shall be two electric car share spaces and cars, adequate bike parking, and ongoing maintenance of the exterior green wall.

Motion from Committee of the Whole, April 2, 2019

04‐04‐19 IT WAS REGULARLY MOVED AND SECONDED THAT COMMITTEE OF THE WHOLE FORWARD THE DRAFT DEVELOPMENT AGREEMENT FOR PID 55278675 TO A PUBLIC HEARING, SUBJECT TO A PROVISION OF ADEQUATE PARKING, INCLUDING THE PROVISION OF TWO ELECTRIC CAR‐SHARE SPACES AND ADEQUATE INTERIOR BIKE SPACES, AND A COMMITMENT OF ONGOING MAINTENANCE OF THE EXTERIOR LIVING WALL.

CARRIED

DRAFT MOTION from PAC:

THAT COUNCIL APPROVE THE DEVELOPMENT AGREEMENT FOR PID 55278675.

Request for Decision, Page 1 of 3 REQUEST FOR DECISION 017-2019 UPDATE Title: UPDATE: 292 Main Street Proposal for Development Agreement Date: 2019-06-18 Department: Planning and Development

1) CAO COMMENTS

None required.

2) LEGISLATIVE AUTHORITY

See Staff report (attached) titled: 292 Main Street, Proposal for Development Agreement, March 7, 2019.

3) STAFF RECOMMENDATION

That Council approve the proposed Development Agreement for 292 Main Street.

4) REFERENCES AND ATTACHMENTS (a) Development Agreement for 292 Main Street (b) Staff Report: Request for Decision 017-2019 dated April 2, 2019 (c) Staff report: 292 Main Street, Proposal for Development Agreement, March 7, 2019.

5) DISCUSSION

At the time of the Committee of the whole, concerns expressed an intention to ensure adequate car parking, adequate bike parking, that there shall be two electric car share spaces and cars, and ongoing maintenance of the exterior green wall. Staff are confident these items are sufficiently required in the development agreement attached. Other items, such as the site plan along Main Street, are pending the approval of the Parks Director, yet significant progress has been made and is included in Schedule “B” of the development agreement. Approval of the site plan by the Director of Parks, as it progresses, will continue to be required. The Developer has requested a maximum of 62 residential units be permitted, which has not been included at this time or confirmed in prior reports by Staff.

Additional features of the development include 60 residential dwelling units, commercial retail area located on the ground floor, and 27 parking stalls. Public amenities include $150,000 in sidewalk improvements, a public rooftop patio, $5,000 annually for public art contributions to a maximum of $100,000, and $66,000 cash-in-lieu for dedicated parking.

6) FINANCIAL IMPLICATIONS

Request for Decision, Page 2 of 3 REQUEST FOR DECISION 017-2019 UPDATE Title: UPDATE: 292 Main Street Proposal for Development Agreement Date: 2019-06-18 Department: Planning and Development increases to Town of Wolfville property tax which can be used to offset growing infrastructure deficits, strengthen enforcement activities and/or increase recreation programming.

7) REFERENCES TO COUNCIL STRATEGIC PLAN AND TOWN REPORTS

See Staff report (attached) titled: 292 Main Street, Proposal for Development Agreement, March 7, 2019.

8) COMMUNICATION REQUIREMENTS

If approved, a public hearing will require advertising and direct mail to residents.

9) ALTERNATIVES

Alternatives to the above recommendation may include:

a. Approve the development agreement, subject to specific changes to ensure it fits existing policy. b. Do not approve the development as it does not fit existing policy and direct staff as to how it can better fit policy.

Request for Decision, Page 3 of 3 DEVELOPMENT AGREEMENT – 292 Main Street

This Development Agreement is made this ______day of MONTH DAY, 2019.

BETWEEN: 292 MAIN STREET DEVELOPMENTS LIMITED, (Hereinafter called the “Developer”)

OF THE FIRST PART

- and -

TOWN OF WOLFVILLE A municipal body corporate, (Hereinafter called the “Town”)

OF THE SECOND PART

WHEREAS the Developer has requested that the Town enter into a Development Agreement relating to the use and development of the Lands (PID 55278675) pursuant to the provisions of the Municipal Government Act and the Municipal Planning Strategy for the Town of Wolfville;

AND WHEREAS a condition of granting approval for the development of the Lands is that the parties enter into this Development Agreement;

AND WHEREAS the Town Council of the Town, at its meeting on ______approved entering into this Development Agreement to permit the Development on the Lands, subject to the registered owner of the Lands entering into this Development Agreement;

NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the covenants made in this Development Agreement and other valuable consideration the Developer and the Town agree to the following terms.

1. Schedules

The following schedules form part of this Development Agreement:

Schedule “A” – Legal Parcel Description of Lands Schedule “B” – Site Plan/Landscape Plan for the Lands Schedule “C” – Architectural Design illustrating the require roof line, window treatment and front entry feature for each building

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DEVELOPMENT AGREEMENT – 292 Main Street

2. Definitions

2.1 In this Development Agreement:

“Barrier Free Parking Stall” means the provisions set forth under Section 3.8.2.2 (4) and Section 3.8.2.2(5) under Schedule C within the Nova Scotia Building Code Regulations made under Section 4 of the Building Code Act.

“Building By-Law” means Chapter 65 of the By-Laws of the Town of Wolfville.

“Developer” means the owner(s) of the Lands, their heirs, successors, assigns, and all subsequent owners of the Lands.

“Development” means a new main building on the Lands dedicated to mixed use, containing 60 residential dwelling units and commercial space.

“Development Officer” means the Development Officer appointed by the Town of Wolfville under the provisions of the Municipal Government Act.

“Engineer” means the Engineer appointed by the Town of Wolfville under the provisions of the Municipal Government Act.

“Effective date” means the date on which this Development Agreement is deemed to be entered into under the terms of this Development Agreement.

“Lands” means the real property in the Town of Wolfville owned by the Developer, PID 55278675, and as described in Schedule “A”.

“Land Use By-Law” means the Land Use By-Law of the Town of Wolfville in force from time to time, adopted and amended by the Wolfville Town Council under the provisions of the Municipal Government Act. At the date of this Development Agreement, it is the Land Use By-Law adopted by Council on September 23, 2008, and recorded at the Kentville Land Registry Office on November 6, 2008, as Document Number 92078600.

“Municipal Planning Strategy” means the municipal planning strategy of the Town of Wolfville in force from time to time, adopted and amended by the Wolfville Town Council under the provisions of the Municipal Government Act. At the date of this Development Agreement, it is the Municipal Planning Strategy adopted by Council on September 23, 2008, and recorded at the Kentville Registry of Deeds Office on November 6, 2008, as Document Number 92078543.

“MGA” means the Municipal Government Act, S.N.S. 1998, c. 18, as amended.

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DEVELOPMENT AGREEMENT – 292 Main Street

“Planning Documents” means Land Use Bylaw, Municipal Planning Strategy, and Subdivision Bylaw.

2.2 Where terms (words or phrases) are not defined in this Development Agreement, definitions in the Town’s planning documents shall apply. Where terms are not defined in the planning documents, definitions in the MGA shall apply. Where terms are not defined in the aforementioned sources, their ordinary meaning shall apply.

3. Relevance of Planning Documents and Other Regulations

3.1 This Development Agreement contains definitions and regulations for the Development. It complements the Town’s Planning Documents. Unless specified in this Development Agreement, requirements in the Town’s Planning Documents shall apply. Where there is a conflict between this Development Agreement and the Planning Documents, this Development Agreement shall prevail.

3.2 Regulations outside of this Development Agreement or the Town’s Planning Documents may be applicable to the Development. However, the terms of this Development Agreement shall not be materially changed in order to comply with such regulations without an amendment to this Development Agreement.

4. Background

The developer requested approval to build a mixed-use building containing 60 dwelling units and commercial space on the Lands.

5. Terms

5.1 Development Conditions

5.1.1 Permits and Approvals

5.1.1.2 This Development Agreement allows the Developer to obtain development permits, other permits, and permissions to allow uses permitted by this Agreement, subject to an access-easement agreement. 5.1.1.3 The Developer shall be responsible for obtaining all necessary permits and approvals required by law for the Development, including but not limited to development permits, building permits, and any approvals required from the Province of Nova Scotia.

5.1.1.4 Obligations or other requirements in this Development Agreement are those of the Developer, unless otherwise specified.

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DEVELOPMENT AGREEMENT – 292 Main Street

5.1.2 Land Use

5.1.2.1 The following uses are permitted:

(a) Up to 60 residential dwelling units (b) Commercial activities as outlined in the Land Use By-Law for areas zoned Central Commercial (C-1).

5.1.3 Landscaping & Site Requirements

5.1.3.1 The Development shall conform to the zone standards of the Land Use By-law, as established in Section 9.2 of the Municipal Planning Strategy except as otherwise established by this Agreement.

5.1.3.2 All Development shall occur on the Lands unless otherwise shown on Schedule “B”, site plans.

5.1.3.3 Development on the Lands shall be built generally in accordance with the Site Plan/Landscape Plan and Specifications of Schedule “B.” Landscaping requirements as shown in Schedule “B” may be varied to accommodate minor details, including but not limited to different plant varieties and the location of planting beds.

5.1.3.4 Storm water runoff from the Lands shall not be directed onto adjacent properties unless permission is obtained from the adjacent property owner for the direction of such storm water runoff.

5.1.3.5 The Developer shall develop and maintain a total of sixty (60) bicycle parking spaces internal to the building

5.1.3.6 The Developer shall develop and maintain a total of twenty-seven (27) parking spaces internal to the building, at least two (2) of which shall be parking spaces reserved for car-share use.

5.1.3.7 The Developer shall ensure a car-sharing service is available to residents of the Development, including at least two (2) vehicles available for hourly or short-term rental, or pay to the Town of Wolfville $100,000. If these funds become payable to the Town, it is the Town’s intention to use the funds for the purpose of improving parking in the area of the Development.

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DEVELOPMENT AGREEMENT – 292 Main Street

5.1.3.8 The Developer shall pay to the Town $66,000 cash-in-lieu of additional parking spaces, to be paid prior to the issuance of an occupancy permit.

5.1.3.9 The Developer shall install a wall which is partially or completely covered with greenery that includes a growing medium, such as soil, water or a substrate on the eastern exterior side of the Development by date of occupancy, or pay to the Town of Wolfville $100,000. If these funds become payable to the Town, it is the Town’s intention to use the funds for the purpose of improving park areas in the area of the Development. • The Developer shall maintain the green wall in good condition

5.1.3.10 The Developer shall ensure the building is 35% more energy efficient than National Building Code standards, as confirmed by Efficiency Nova Scotia prior to the issuance of an occupancy permit or pay to the Town of Wolfville $100,000, less $2,857 per 1% more energy efficient than National Building Code standards. If these funds become payable to the Town, it is the Town’s intention to use the funds for the purpose of reducing energy use within the Town of Wolfville.

5.1.3.11 The Developer shall provide onsite lighting for all driveways and walkways on the Lands of number and design sufficient to provide for the reasonable safety and security of vehicles and pedestrians. All lighting fixtures shall be of a design as to prevent the unreasonable illumination of adjacent properties and full cut off fixtures shall be used for all outdoor lighting.

5.1.3.12 The Developer shall provide proof of floodproofing to 12m geodetic elevation from a qualified professional.

5.1.4 Amenities

5.1.4.1 The Developer shall provide streetscaping improvements along Main Street as outlined in Schedule “B”, estimated at least $150,000 in value and approved by the Town’s Director of Parks which shall be completed within (1) year of the issuance of an occupancy permit, or the Town may enter the lands and perform the work at the cost of the Developer or charge the Developer $150,000.

5.1.4.2 The Developer shall provide public access to a rooftop patio at no-cost to the public.

5.1.4.2 The Developer shall provide at $100,000 to the Town over a maximum of 20 years, which the Town shall use for public art located at or in the general area of 292 Main Street. The Developer must pay a minimum of $5,000 annually and can pay up to the entire outstanding amount. The first payment to the Town must be prior to the issuance of an occupancy permit, and shall make subsequent payments by no later than December 31 of each calendar year after the year in which the occupancy permit is issued. The Town shall use the first payment of $5,000 for murals on the north face of

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DEVELOPMENT AGREEMENT – 292 Main Street

292 Main Street, and the remainder of the payments shall be used for art on or in the area of 292 Main Street. • The Developer shall have the opportunity to veto decisions regarding the placement of public art using the funds provided within this clause • The Developer shall be recognized for their contribution to art produced using these funds if the art is not located on 292 Main Street

5.1.5 Municipal Services

5.1.5.1 The parties agree that municipal sanitary sewer and water services are available in the street on Main Street. All costs to connect the two new buildings (as shown on Schedule “B”) to these services are the responsibility of the Developer.

5.1.5.2 The Town makes no warranties, guarantees or claims as to the adequacy of the Town’s water supply to provide the recommended Fire Flow amounts for protection of the building from fire. The Developer shall satisfy itself that the available fire flows are satisfactory to meet its needs.

5.1.6 Refuse Storage and Utility Equipment

5.1.6.1 Refuse, compost, recyclables, and other similar matters shall be stored within the building(s), or within accessory structures or containers pursuant to the requirements of the Land Use Bylaw, Valley Region Solid Waste-Resource Management By-Law, and other applicable regulations.

5.1.6.2 Containers referenced in 5.1.6.1 shall be located so that they are visually screened.

5.1.6.3 Utility equipment such as mechanical and electrical equipment shall be visually screened by fencing or landscaping.

5.1.7 General Maintenance and Operation

5.1.7.1 Buildings, landscaping, and other related features shall be maintained in good condition, pursuant to the Town’s Property Minimum Standards By- law.

5.1.8 Architecture

5.1.8.1 The developer shall build the one (1) new mixed use building with roof lines, windows and front entry as illustrated in Schedule “C”, Architectural Design.

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DEVELOPMENT AGREEMENT – 292 Main Street

5.1.9 Timing

5.1.9.1 This Development Agreement shall be deemed to be entered into on the day the Agreement is registered in the registry as per section 228(3) of the MGA. All time requirements imposed in this Development Agreement shall be calculated from that date unless otherwise specified.

5.1.9.2 Development enabled by this Agreement, for the Lands on PID 55278675, shall be completed within three (3) years. Upon failure to meet this timing requirement, the Town may discharge this Development Agreement without the consent of the Developer.

5.1.9.3 Within 1 year of the issuance of the occupancy permit for the Development, all landscaping required by this Agreement shall be completed.

5.1.10 Amendment

5.1.10.1 With the exception of matters which the Town and the Developer do not consider to be substantive, the amendment of any other matter in this Development Agreement can only be made under the provisions of Section 230 of the MGA, including the holding of a Public Hearing.

5.1.10.2 Following are matters in this Development Agreement which the Town and the Developer do not consider to be substantive:

(a) The timing requirements for completion imposed by section 5.1.9.2 5.1.11 Expenses

5.1.11.1 The Developer shall pay all costs and expenses incurred by the Town related to this Development Agreement.

5.1.12 Liability

5.1.12.1 The Developer shall be liable for any damage caused to persons or public or private property by the Developer or any contractor or other individual doing work related to the Development. The Developer shall indemnify the Town and save it harmless from any claim, cause of action, or liability in any way relating to the Development. The Developer shall obtain and maintain in force throughout the course of construction on the Development, liability insurance coverage to insure the responsibilities which the Developer is assuming in this section.

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DEVELOPMENT AGREEMENT – 292 Main Street

5.1.13 Default

5.1.13.1 If the Developer fails to comply strictly with any term of this Development Agreement or any legislation applicable to this Development Agreement, the Town may, after 30 days notice in writing to the Developer, enter the Lands and perform any obligation with which the Developer has failed to comply strictly.

5.1.13.1.1 All expenses arising out of the entry of the Lands and performance of the obligations may be recovered by the Town from the Developer by direct suit and shall form a first lien upon the Lands. The Developer shall pay interest on any sum so expended by the Town at the same monthly rate charged by the Town for tax arrears on the outstanding balance from time to time. Such interest costs shall be treated as an expense.

5.1.13.2 If the Developer breaches any of the terms of this Development Agreement, the Town, at its sole option, may:

(a) Terminate this Development Agreement; (b) Exercise one or more of its other rights under this Development Agreement, applicable legislation and Town by-laws, or common law; or, (c) Take no action.

5.1.13.3 Any election by the Town to take no action on a breach of this Development Agreement by the Developer shall not bar the Town from exercising its rights under this Development Agreement on any other breach.

5.1.13.4 Any expenses incurred by the Town in exercising its rights under sections 5.1.13.1.1 or 5.1.13.2, or either of them, shall be paid by the Developer to the Town.

5.1.14 Administration

The Development Officer administers this Agreement. His/Her decision is final and binding on all parties.

6. Warranties by the Developer

6.1 Title and Authority

6.1.1 The Developer warrants as follows:

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DEVELOPMENT AGREEMENT – 292 Main Street

(a) The Developer has good title in fee simple to the Lands or good beneficial title subject to a normal financing encumbrance, or is the sole holder of a Registered Interest in the Lands. No other entity has an interest in the Lands which would require their signature on this Development Agreement to validly bind the Lands or the Developer has obtained the approval of every other entity which has an interest in the Lands whose authorization is required for the Developer to sign this Development Agreement to validly bind the Lands. (b) The Developer has taken all steps necessary to, and it has full authority to, enter this Development Agreement.

7. Full Agreement

7.1 Other Agreements

7.1.1 This Development Agreement constitutes the entire agreement and contract entered into by the Town and the Developer. No other agreement or representation, whether oral or written, shall be binding.

7.1.2 This Development Agreement shall not be a precedent for any other agreement either between the Town and the Developer or between the Town and any other party.

8. Notice Any notice to be given under this Development Agreement shall be made in writing and either served personally or forwarded by courier or by registered mail, postage prepaid, if to the Town to:

Town of Wolfville 359 Main Street Wolfville, Nova Scotia B4P 1A1 Attention: Development Officer

and if to the Developer:

and if to 292 Main Street Developments:

292 Main Street Developments Limited c/o Stephen Ling, Agent for 292 Main Street Developments Limited Landry McGillivray, Barristers and Solicitors Suite 300, 33 Ochterloney St Dartmouth, NS

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DEVELOPMENT AGREEMENT – 292 Main Street

B2Y 4P5

9. Headings The headings used in this Development Agreement are for convenience only. If any of the headings are inconsistent with the provisions of the Development Agreement which it introduces, the provisions of the Development Agreement shall apply.

10. Binding Effect This Development Agreement shall ensure to the benefit of and be binding upon the parties to this Development Agreement, their respective successors, administrators, and assigns.

11. Execution In witness of this Development Agreement the parties have signed, sealed and delivered it to each other on the date set out at the top of the first page.

SIGNED, SEALED AND DELIVERED ) In the presence of: ) ) TOWN OF WOLFVILLE ) ) ) By ______) MAYOR ______) Witness ) ) ) By ______) TOWN CLERK ) ) SIGNED, SEALED AND DELIVERED ) In the presence of: ) By______) KEVIN GILDART on behalf of )292 MAIN STREET DEVELOPMENTS LIMITED

______Witness

CANADA PROVINCE OF NOVA SCOTIA COUNTY OF KINGS

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DEVELOPMENT AGREEMENT – 292 Main Street

I certify that on ______,2019, ______a witness to this agreement came before me, made oath, and swore that the TOWN OF WOLFVILLE, caused the same to be executed by its proper officers who affixed its Corporate Seal and subscribed their hands in its name and in its behalf in his/her presence.

______A Commissioner of the Supreme Court of Nova Scotia

CANADA PROVINCE OF NOVA SCOTIA COUNTY OF KINGS

I certify that on ______,2019, ______a witness to this agreement came before me, made oath, and swore that KEVIN GILDART caused the same to be executed by its proper officers who affixed its Corporate Seal and subscribed their hands in its name and in its behalf in his/her presence.

______A Commissioner of the Supreme Court of Nova Scotia

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DEVELOPMENT AGREEMENT – 292 Main Street

Schedule “A” – Parcel Description

All that certain lot, piece or parcel of land as shown on plan of survey No. R-1-2008-095 prepared by Cyr Surveys Limited, dated July 4, 2008, situated at Wolfville, Kings County, Nova Scotia, more particularly bounded and described as follows:

Beginning at a survey marker on the northern boundary of Main Street, at the southeast corner of land conveyed to Oulton Investments Limited (PID No. 55278683) being north seventy-four degrees thirty-three minutes thirty-two seconds east a distance of 250.83 feet from Nova Scotia Control Monument 8371;

Thence north eight degrees sixteen minutes twenty-two seconds west following the eastern boundary of said land conveyed to Oulton Investments Limited a distance of 60.51 feet to a survey marker at the northeast corner of said land conveyed to Oulton Investments Limited;

Thence north sixty-eight degrees forty-three minutes fifty-five seconds west following the northern boundary of said land conveyed to Oulton Investments Limited a distance of 29.53 feet to a survey marker on the southern boundary of land conveyed to Nova Scotia Power Inc. (PID No. 55278667);

Thence north eighty-two degrees six minutes forty-four seconds east following the said southern boundary of land conveyed to Nova Scotia Power Inc. a distance of 25.66 feet to an iron bar;

Thence continuing along the said southern boundary of land conveyed to Nova Scotia Power Inc. north eighty-one degrees fifty minutes thirty-three seconds east a distance of 33.28 feet to a survey marker;

Thence continuing along the said southern boundary of land conveyed to Nova Scotia Power Inc. north seventy-nine degrees fifty minutes forty seconds east a distance of 128.13 feet to a survey marker;

Thence south seventeen degrees eleven minutes twenty-two seconds east following the western boundary of said land conveyed to Nova Scotia Power Inc. a distance of 75.05 feet to a survey marker on the said northern boundary of Main Street;

Thence south seventy-nine degrees thirty-nine minutes fifty-six seconds west following the said northern boundary of Main Street a distance of 140.03 feet to a survey marker;

Thence continuing along the said northern boundary of Main Street south eighty-one degrees fifty- eight minutes thirty-eight seconds west a distance of 33.00 feet to the Point of Beginning.

Together with a right-of-way at all times and for all purposes for the Grantee its servants and all persons authorized by it or them over that portion of land described as follows:

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DEVELOPMENT AGREEMENT – 292 Main Street

Commencing at the southeastern corner of the above described lot;

Thence easterly along Main Street fifteen feet;

Thence northerly parallel with the last boundary of the above described lot seventy-five feet;

Thence westerly fifteen feet to the northeast corner of above described lot;

Thence southerly along the east line of said lot to the place of beginning;

Subject to a right-of-way in common with the Grantee for persons, animals and vehicles over and along that portion of the above described lands, described as follows:

Commencing at the southeastern corner of the described lot on Main Street;

Thence westerly along Main Street ten feet;

Thence northerly and parallel with the east line seventy-five feet;

Thence easterly along the north boundary ten feet;

Thence southerly along the eastern boundary seventy-five feet to the place of beginning.

Containing an area of 12,684 square feet.

Bearings are referred to the Nova Scotia 3 degrees Modified Transverse Mercator Grid, Zone 5, Central Meridian 64 degrees 30 minutes West.

AND ALSO Parcel R as shown on registered plan no. 108704496 recorded in the Land Registration Office for Kings County.

*** Municipal Government Act, Part IX Compliance ***

Compliance:

The parcel is created by a subdivision (details below) that has been filed under the Registry Act or registered under the Land Registration Act Registration District: KINGS COUNTY Registration Year: 2016 Plan or Document Number: 108704496

The MGA compliance statement has been applied by SNSMR during the processing of Land Registration Plan

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DEVELOPMENT AGREEMENT – 292 Main Street

Schedule “B” Site/Landscaping Plan

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DEVELOPMENT AGREEMENT – 292 Main Street

Schedule “C” – Architectural Design

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REQUEST FOR DECISION 017-2019 Title: 292 Main Street Proposal for Development Agreement Date: 2019-04-02 Department: Planning and Development

SUMMARY

The Applicant and property owner of 292 Main Street, Kevin Gildart of 292 MAIN STREET DEVELOPMENTS LIMITED, is seeking a development agreement to allow for the development of a mixed use residential and commercial building, with 60 residential dwelling units, commercial retail area located on the ground floor, and 27 parking stalls. Public amenities include $150,000 in sidewalk improvements, rooftop patio, $5,000 annually for public art contributions, and $66,000 cash-in-lieu for dedicated parking. Planning Advisory Committee had specific areas of concern around parking, bike parking, greenspace maintenance, and the inclusion of car-shares.

Motion from PAC

THAT THE PLANNING ADVISORY COMMITTEE PROVIDE A POSITIVE RECOMMENDATION TO COUNCIL REGARDING THE DRAFT DEVELOPMENT AGREEMENT FOR PID 55278675 SUBJECT TO A PROVISION OF ADEQUATE PARKING, INCLUDING THE PROVISION OF TWO ELECTRIC CAR‐SHARE SPACES AND ADEQUATE INTERIOR BIKE SPACES, AND A COMMITMENT OF ONGOING MAINTENANCE OF THE EXTERIOR LIVING WALL.

DRAFT MOTION from PAC:

THAT COMMITTEE OF THE WHOLE FORWARD THE DRAFT DEVELOPMENT AGREEMENT FOR PID 55278675 TO A PUBLIC HEARING, SUBJECT TO A PROVISION OF ADEQUATE PARKING, INCLUDING THE PROVISION OF TWO ELECTRIC CAR‐SHARE SPACES AND ADEQUATE INTERIOR BIKE SPACES, AND A COMMITMENT OF ONGOING MAINTENANCE OF THE EXTERIOR LIVING WALL

Request for Decision, Page 1 of 4 REQUEST FOR DECISION 017-2019 Title: 292 Main Street Proposal for Development Agreement Date: 2019-04-02 Department: Planning and Development

1) CAO COMMENTS

None required.

2) LEGISLATIVE AUTHORITY

See Staff report (attached) titled: 292 Main Street, Proposal for Development Agreement, March 7, 2019.

3) STAFF RECOMMENDATION

That Council approve the proposed substantial alterations to 102 Main Street, as outlined in Attachment 2.

4) REFERENCES AND ATTACHMENTS (a) Staff report: 292 Main Street, Proposal for Development Agreement, March 7, 2019.

5) DISCUSSION

This application is the result of 2 year consultation process which included a Public Information Meeting, direction from Planning Advisory Committee, and multiple meetings with the Design Review Committee. More than 7 designs were submitted to Staff over this time. The current design has been met with positive recommendations from Design Review Committee, Staff, and Planning Advisory Committee. Several elements of the development agreement require final approval by the Director of Parks.

Planning Advisory Committee included recommendations that Council ensure adequate parking, including the provision of two electric cars used for car-share and adequate interior bike spaces, and a commitment of ongoing maintenance of the exterior living wall is included.

6) FINANCIAL IMPLICATIONS

If approved this proposal will offer dwelling units with a substantially reduced environmental impact, increase the volume of dwelling units during growing demand and increasing rents, and offer significant increases to Town of Wolfville property tax which can be used to offset growing infrastructure deficits, strengthen enforcement activities and/or increase recreation programming.

7) REFERENCES TO COUNCIL STRATEGIC PLAN AND TOWN REPORTS

See Staff report (attached) titled: 292 Main Street, Proposal for Development Agreement, March 7, 2019.

Request for Decision, Page 2 of 4 REQUEST FOR DECISION 017-2019 Title: 292 Main Street Proposal for Development Agreement Date: 2019-04-02 Department: Planning and Development

8) COMMUNICATION REQUIREMENTS

If approved, a public hearing will require advertising and direct mail to residents.

9) ALTERNATIVES

Alternatives to the above recommendation may include:

a. Recommend the proposal, subject to specific changes. b. Recommend specific changes and that another review by the Planning Advisory Committee take place.

Request for Decision, Page 3 of 4 REQUEST FOR DECISION 017-2019 Title: 292 Main Street Proposal for Development Agreement Date: 2019-04-02 Department: Planning and Development

ATTACHMENT (A)

292 Main Street, Proposal for Development Agreement, March 7, 2019.

Request for Decision, Page 4 of 4 REPORT TO PLANNING ADVISORY COMMITTEE 292 Main Street Proposal for Development Agreement March 7, 2019 Planning & Development

APPLICANT Kevin Gildart, of 292 Main Street Developments Ltd. To construct a mixed use residential and commercial building at 292 Main Street, with 60 dwelling units and ground floor commercial space. The PROPOSAL dwelling units shall be split between 10 permanent hotel units, 40 permanent residential dwellings and 10 units that are seasonal rentals (May through August only).

LOCATION 292 Main Street (PID 55278675)

LOT SIZE 16,018 Square Feet

DESIGNATION Central Commercial (CC)

ZONE Central Commercial (C-1)

Residential (multi and single-unit dwellings), commercial, park, waterfront SURROUNDING USES and trail, parking, Randall House Museum ARCHITECTURAL Downtown GUIDELINES Sign placed on property, letters sent for Public Information Meeting, email NEIGHBOUR list notified of PAC consideration. Additional notification required for future NOTIFICATION steps in the process. PROPERTY LOCATION

292 Main Street is located north of Willow Park, highlighted in red on Figure 1.

Figure 1 – Context Map

REPORT TO PLANNING ADVISORY COMMITTEE 292 Main Street Proposal for Development Agreement March 7, 2019 Planning & Development

PROPOSAL The Applicant and property owner of 292 Main Street, Kevin Gildart of 292 MAIN STREET DEVELOPMENTS LIMITED, is seeking a development agreement to allow for the development of a mixed use residential and commercial building, with 60 residential dwelling units, and a commercial retail area located on the ground floor.

The drawing package submitted by the Applicant is included below and included in the draft development agreement. Previous designs can be found here. More detailed floor plans, a landscape plan provided by a landscape architect (and integrated with improvements envisioned for the East End Gateway), and other details requested by PAC and Council will be provided as the process moves forward and feedback is provided.

Rendering from South side of Main Street (South-East corner of Main and Willow) (Figure 2)

REPORT TO PLANNING ADVISORY COMMITTEE 292 Main Street Proposal for Development Agreement March 7, 2019 Planning & Development

Proposed Front and Rear Elevations (Figure 3)

REPORT TO PLANNING ADVISORY COMMITTEE 292 Main Street Proposal for Development Agreement March 7, 2019 Planning & Development

Proposed Side Elevations (Figure 4)

REPORT TO PLANNING ADVISORY COMMITTEE 292 Main Street Proposal for Development Agreement March 7, 2019 Planning & Development

Proposed interior plans (Figure 5)

REPORT TO PLANNING ADVISORY COMMITTEE 292 Main Street Proposal for Development Agreement March 7, 2019 Planning & Development

PROCESS & NEXT STEPS

Section 230 of The Municipal Government Act (MGA) establishes the process for the approval of a Development Agreement. This process requires review by the Planning Advisory Committee and the holding of a Public Hearing by Council prior to a decision by Council to approve or reject the proposal. The decision by Council may be appealed to the Nova Scotia Utility and Review Board by an aggrieved person or by the Applicant.

The first stage of the application review process began at the Public Information Meeting (PIM) held on June 15, 2017. Property owners within 100 metres of the development were notified by mail, indicating that the site was subject to a development agreement application. The purpose of the PIM was to provide the public with an opportunity to offer preliminary feedback on the request and allow the applicant to answer any questions that would arise. Notes from this session have been included as ‘Attachment 2’ and assisted the review process in identifying issues, support or concerns raised by residents.

The initial presentation to the Design Review Committee (DRC) took place in September of 2017. Feedback from the committee led to the Applicant making some minor design revisions and the DRC reviewed the application again in January 2018.

The Planning Advisory Committee reviewed an initial request for direction regarding specific issues - height and parking - related to a previous building design (see here for previous designs). The feedback from PAC has informed the redesign of the building that is outlined in this report for consideration.

The redesigned proposal (outlined in this report) was presented to the DRC on February 8, 2019 (see below for further details on the DRC review process). The next step in the Development Agreement process (as shown below), will be to have the Planning Advisory Committee (PAC) review this report and provide a recommendation to Council. Council will then provide Initial Consideration, and if passed, a Public Hearing will be scheduled prior to a decision on the proposal from Council.

Figure 6 – Development Agreement Process

POLICY REVIEW & DISCUSSION

The property is designated Central Commercial (CC) in the Municipal Planning Strategy (MPS) and zoned Central Commercial (C-1) in the Land Use Bylaw (LUB). The property is approximately 16,018 square feet in size with a development constraint on the site, as it is within an area of flood risk.

REPORT TO PLANNING ADVISORY COMMITTEE 292 Main Street Proposal for Development Agreement March 7, 2019 Planning & Development

The Municipal Planning Strategy (MPS) includes a number of policies for Council to consider when reviewing such an application. This section provides relevant policies for this development proposal and discussion on criteria set out within these policies.

This proposal is enabled for consideration by development agreement by MPS policies 9.2.4, 9.2.9, and 12.1.7 which require development agreements for new main buildings of more than 100 m2, for proposals of more than two floors, and for new main buildings within Architectural Control Areas (see below for more details).

Staff recognize the potential for conflicting legal interpretation regarding the above MPS policies with Land Use By-Law 12.3, which states “…three storey buildings may be considered by development agreement (subject to MPS policy 9.2.9)”.

Staff have considered Land Use By-Law 12.3 in the creation of this report. Staff have prepared this report based on the applicable policies in the MPS and have endeavoured to maintain consistent policy interpretation on building height with previous approvals in the C-1 zone.

Municipal Planning Strategy – Part 5 – Objectives Within the list of objectives outlined in Part 5 of the MPS, the objectives most relevant to the proposed development are 5.1.2, 5.1.9, 5.1.12 and 5.1.20. These objectives read as follows:

“5.1.2 to reduce our ecological footprint and dependence upon fossil fuels”

“5.1.9 to manage growth and control land use and development in a manner that will minimize urban sprawl and increase density and reduce conflicts between land uses in a manner that is compatible with the Town’s Sustainability Declaration and Vision.”

“5.1.12 to encourage the preservation of the architectural and cultural heritage of the Town and minimize the impact of new development on this heritage.”

“5.1.20 to enhance and strengthen the downtown central commercial district of Wolfville as the focal point of commercial and community activity”

Municipal Planning Strategy – Part 6 – Conservation and Stewardship Policies Part 6 states:

“6.1.17 to limit the types of land uses permitted on a floodplain and require flood proofing for construction in flood risk areas.”

Municipal Planning Strategy – Part 9 – Central Commercial The existing Municipal Planning Strategy Part 9 states:

REPORT TO PLANNING ADVISORY COMMITTEE 292 Main Street Proposal for Development Agreement March 7, 2019 Planning & Development

“9.1.1 to develop and implement a “downtown greening plan” which would include tree planting, planting beds, street trees, and landscaped sidewalk areas.”

“9.1.2 to encourage and participate in the beautification and upgrading of the downtown commercial designations and maintain a pedestrian scale at the street level.”

“9.1.6 to encourage and support initiatives aimed at increasing pedestrian traffic and fostering “life on the street” such as the sidewalk café policy, outdoor markets, outdoor concerts and entertainment”

“9.1.9 to encourage and support the efforts of the WBDC in creating a sustainable business climate in the downtown.”

“Policy 9.1.10 to encourage and foster greater density and mixed use compact development in the downtown core”

“9.2.4 to consider only by development agreement in areas zoned Central Commercial (C-1) proposals for: • new buildings in excess of 100 square metres building floor area in accordance with policies 12.1.4, 12.1.5 and 18.6.1…”

“9.2.5 to establish architectural controls to include the area designated Central Commercial (CC) as set out in policies 12.1.2, 12.1.3, 12.1.4, 12.1.5, and 12.1.7 and to control alterations to the public façade of buildings through special provisions in the Land Use By-law”

“9.2.9 to establish the normal building height for as-of-right development in the C-1 zone at two storeys. Buildings in excess of two storeys may be considered by development agreement in accordance with policies 12.1.4, 12.1.5, 12.1.7 and 18.6.1”

Municipal Planning Strategy – Part 12 – Architectural Heritage MPS Part 12 outlines how Council can control the appearance of buildings in Architectural Control Areas. It states:

“12.1.2 to designate the areas shown on Map 4 - The Architectural Control Areas Map, as Architectural Control areas where the appearance of buildings and streetscapes will be controlled either through special provisions in the Land Use By-law or by development agreement.”

“12.1.3 to incorporate special provisions in the Land Use By-law for the lands designated Architectural Control areas with respect to the public facades of:

• new buildings • additions or alterations to existing buildings • accessory structures greater than 50 sq. metres in total area

In order to ensure the compatibility of new buildings and additions and alterations with the established architectural character of the neighbourhood these special provisions shall control architectural style, building length to width

REPORT TO PLANNING ADVISORY COMMITTEE 292 Main Street Proposal for Development Agreement March 7, 2019 Planning & Development

ratio; height, roof shape and the appearance of exterior cladding and roof materials, architectural details and the shape and the size of porches, doors and windows and window area to wall area ratio”.

“12.1.4 to require that all developments located within a designated Architectural Control Area be consistent with the design principles and guidelines contained in the appropriate Architectural Guidelines Manual”

“12.1.5 to ensure that when considering development agreements the architectural character of any proposed new building, or the addition to or alteration of any building is visually compatible with the established architectural character of other buildings in the neighbourhood, in terms of height, bulk, scale, roof shape, materials, and relationships of windows and doors and architectural details. Require that the applicable Design Review checklist contained in the Architectural Guidelines Manuals be satisfactorily completed as part of the development agreement application”

“12.1.7 to consider only by development agreement in the area designated as Downtown Architectural Control Area proposals for new main buildings in excess of 100 square metres, additions to existing buildings that constitute more than 25% of the building floor area of the existing building, and additions to registered heritage properties that constitute more than 10% of the building floor area of the existing heritage building in accordance with policy 18.6.1”

Municipal Planning Strategy – Part 15 – Parking Parking criteria for development agreements states that Council shall:

15.1.1 establish parking standards. …where developments are permitted by development agreement, the agreement makes provision for adequate parking to serve the proposal and encourages alternatives to impermeable surfaces

Municipal Planning Strategy – Part 18 – Implementation The last criteria outlined in Policy 8.7.3 of the MPS states that a “development is in accordance with Policy 18.6.1.” Policy 18.6.1 of the MPS contains general policies that are to be considered for all development agreement applications. An overview of issues arising from these general criteria is reviewed below in Table B while a summary of the entire policy, with Staff comment to each criterion, is provided as Attachment 1.

Table A – Discussion of MPS Policy 18.6.1 Select Criterion Discussion Section 18.6.1 (b) of the MPS states:

“to ensure that the development does not cause conflict 1. Conflict with adjacent with adjacent land uses, disturb the quiet enjoyment of land uses adjacent lands, or alter the character and stability of surrounding neighbourhoods... (i) The type and intensity of use;”

REPORT TO PLANNING ADVISORY COMMITTEE 292 Main Street Proposal for Development Agreement March 7, 2019 Planning & Development

The proposed use of 60 dwelling units, divided 40 as permanent dwellings, 10 as hotel, and 10 as seasonal hotel (May – August), and commercial space is significantly more intensive than vacant land. Intensity of use, including increased density of dwelling units, is intended for the Central Commercial (C-1) zone. By intensifying the use of this site to include 40-50 Residential dwellings, the ecological footprint of residents living in the proposed development can be more easily reduced, when compared to low density areas of the Town and surrounding region, consistent with Principle 4 of the Melbourne Principles Adapted for Wolfville (Appendix 1 of the current MPS). This proposal also provides employment opportunities, promotes active living, and provides density required for future adoption of improved transit in the Town.

Surrounding commercial and adjacent parkland uses will see an increase in traffic, tourism, parking, and retail activities because of this development, as intended for developments within the Central Commercial (C-1) zone.

Section 18.6.1 (g) of the MPS states:

“to ensure that the proposed site and building design provides the following: (ii) functional vehicle circulation and parking and loading facilities designed to avoid congestion on or near the property and to allow vehicles to move safely within and while entering and exiting the property;”

2. Parking, Traffic & Egress Given the emerging parking management strategy and consideration of the number of student-residents 60anticipated for this development, staff believe a parking ratio of 0.8 is appropriate, which would require 40 parking spaces.

Based on feedback from previous PAC meetings, a ratio of 1:1 has been discussed. Using this formula, the building would require 60 parking spaces.

27 parking spaces are provided internally. In addition, the applicant has offered $66,000 as cash-in-lieu for the remaining

REPORT TO PLANNING ADVISORY COMMITTEE 292 Main Street Proposal for Development Agreement March 7, 2019 Planning & Development

parking required. The cash-in-lieu contribution shall be designated to assisting with a town-led approach to managing parking in the Central Commercial zone.

Additional information related to parking can be found in Attachment 3, Parking Concerns. Section 18.6.1 (g) of the MPS states:

“to ensure that the proposed site and building design provides the following: (viii) architectural features, including but not limited to, mass, scale, roof style, trim elements, exterior cladding materials, and the shape, size and relationship of doors and windows; that are visually compatible with surrounding buildings in the case of a new building or with the existing building in the case of an addition;”

The proposed building will contribute to changing neighborhood character, as the existing commercial uses in the immediate area have, and new developments will, such as: 336 Main (Micro Boutique), the redevelopment at 327/9 Main (Church), and the East Gateway area redesign (including a new main building [Visitor’s Information Centre]). The proposed building, and the 3. Architectural Features associated changing neighborhood character, can be described as enhancing or detracting from the existing diverse neighborhood character of commercial and residential uses, depending on one’s perspective.

In response to a variety of perspectives, the applicant has altered the design of the proposal multiple times – repeatedly altering the design to respond to community response, advise from Staff, and through listening to the Planning Advisory Committee. This work can be reviewed in the variation of design from early public information meetings to today.

The Design Review Checklist from the Architectural Guidelines Manual has been reviewed with the Town’s Design Review Committee and the Committee was in full support of the current proposal. Further, the Architectural Guidelines Manual permits innovation and change, therefore, Staff believe this innovation in design should be considered. It reconciles a variety of Municipal Planning Strategy policies regarding the Central Commercial (C-1)

REPORT TO PLANNING ADVISORY COMMITTEE 292 Main Street Proposal for Development Agreement March 7, 2019 Planning & Development

zone, sustainability, density, primarily “reads” as three-storeys from Main Street, contains a modest fourth floor stepped back from the street, and a fifth-floor rooftop amenity for residents and visitors of Wolfville in the form on a rooftop patio & restaurant. For these reasons Staff believe this proposal is compatible with surrounding context.

For detailed information on this item, see Attachment 2 section 18.6.1 (g)(viii)

For additional information on architecture and impacts of the proposal see Attachment 2 section 18.6.2(b)(ii) the height, mass or architectural design of proposed buildings.

Staff believe the development proposal is consistent with the intent and criteria set out in Policy 18.6.1 of the MPS. A detailed table for MPS Policy 18.6.1 with Staff comments to each criterion is provided in Attachment 1.

REVIEW FROM OTHER DEPARTMENTS Traffic impact statements from the applicant have been reviewed by the Traffic Authority (Town Engineer), with no comments or concerns at this stage. Further monitoring of traffic will be required, and possible actions have been identified.

The proposal is within the East End Gateway where the Town is moving forward with detailed design for improved parking, landscaping features, a new Visitor Information Centre, public art and placemaking improvements. It is essential the 292 proposal be considered against the improvements for the East End Gateway and the Director of Parks and Recreation has been and will continue to be consulted. Additional work is required on integrating the two sites, depending on the outcome of PAC and Council reviews. A detailed landscaping plan for the 292 site (integrated with the East End Gateway) will be a part of a final Development Agreement package.

REPORT TO PLANNING ADVISORY COMMITTEE 292 Main Street Proposal for Development Agreement March 7, 2019 Planning & Development

DESIGN REVIEW COMMITTEE (DRC) SUMMARY The original meeting on September 15, 2017 included renderings of a five-story building with an 8 ft base height for the ground-floor commercial space. Feedback from the DRC suggested that a more appropriate ground floor height would be 12 - 16 ft, and that additional height, or floors, would not significantly alter the pedestrian experience at the podium, or base, of the building. DRC carefully considered the pedestrian experience of the site, including the east and north facing wall and Figure 7 – A rendering of the building as composed for September, 2017 streetscape, to be critical and to require enhancements.

At the second meeting of the DRC on January 18, 2018, the applicant had incorporated DRC feedback into the existing proposal, which includes a 16ft ground floor commercial space, east and south-facing streetscape improvements, including wrap-around commercial space, as well as north-facing public art improvements to the pedestrian experience near the Harvest Moon Trail. Figure 8 – the proposal as of January 2018

No additional architectural feedback was provided yet the DRC was not in agreement on support for the building. It was acknowledged that the applicant had incorporated all feedback, yet comments on this proposal acknowledged that residents may not be prepared for this height. Design Review Committee did not find consensus on a recommendation for this proposal.

REPORT TO PLANNING ADVISORY COMMITTEE 292 Main Street Proposal for Development Agreement March 7, 2019 Planning & Development

A third redesign of the building occurred after a special meeting of the Planning Advisory Committee (PAC), negating the need for Council to consider the recommendation of PAC as it pertained to a proposal that no longer exists. The third redesign of this application was presented to DRC on February 8, 2019. At that meeting the Design Review Committee found consensus that Figure 9 – The proposal as of February 2019 the design is appropriate for the Town of Wolfville yet also recognized that the community feedback and/or architectural guidelines have resulted in negative design components, such as a reduced height commercial space, and reduced pedestrian activity on the east (and north) sides of the building as internal space has been dedicated to parking. The Design Review Checklist was reviewed, and all items applicable to this development were successful.

The key statement arising from the Design Review Committee process is that this building meets the The Design Review Checklist requires the proposal to address items such architectural guidelines, as written in the 1992 Downtown as: Architectural Guidelines Manual. This proposal is a more- • Site Layout contemporary solution to the guidelines outlined in the • Vehicular Access and Parking Downtown Architectural Guidelines Manual than has been • Building Form and Materials proposed in the past, and should be considered as per page • Screening and Landscaping, 4, par. 1 of the Downtown Architectural Guidelines Manual, Signage which states: The checklist can be viewed on page “the Planning Advisory Committee is open to alternative 27 of the Downtown Architectural approaches, but it is the Applicant’s responsibility to Guidelines found online at this link demonstrate an alternative approach will be successful “

SUMMARY OF DRAFT DEVELOPMENT AGREEMENT PROVISIONS The Draft Development Agreement, as attached (Attachment 5), requires the following:

• 27 internal parking spaces

REPORT TO PLANNING ADVISORY COMMITTEE 292 Main Street Proposal for Development Agreement March 7, 2019 Planning & Development

• Cash-in-lieu parking contribution of $66,000 • Energy efficiency of 40% over National Building Code • Annual contribution of $5,000 to the Art in Public Spaces Committee, dedicated to public art at or near 292 Main Street • A final landscape plan integrated with the East End Gateway • Public access to rooftop patio • Streetscaping along Main Street estimated at more than $150,000

COMMENTS & CONCLUSIONS The subject property is currently vacant. The development agreement application proposes the construction of a new mixed-use building containing 60 dwelling units and commercial space.

Staff believe the development proposal meets the overall intent of the Municipal Planning Strategy and is consistent with relevant policies.

STAFF RECOMMENDATION

Staff recommends that the Planning Advisory Committee provide a positive recommendation to Council regarding the Draft Development Agreement for PID 55278675.

ALTERNATIVES Alternatives to the above recommendation may include:

• Recommend the proposal, subject to specific changes. • Recommend specific changes and that another review by the Planning Advisory Committee take place.

ATTACHMENTS 1. Policy Summary Tables 2. Public Information Meeting Notes 3. Parking Considerations 4. Design Package 5. Draft Development Agreement

ATTACHMENT 1 – Policy Summary Tables

Policy 18.6.1 of the MPS states the general policies for all development agreements. As part of the review for this section, staff may have contacted other departments or outside agencies to seek specific information. The following table outlines the policy and provides Staff comment:

General Development Agreement Policies of the MPS Staff Comment (Section 18.6.1) (a) to ensure that the proposal conforms to the intent of the MPS and to all other applicable Town By-Laws • This proposal is enabled for consideration by development and regulations, except agreement and in Staff’s opinion the proposal is consistent where the application for a with the intent of the MPS. development agreement modifies the requirements of the LUB or Subdivision By- Law. (b) to ensure that the development does not cause conflict with adjacent land uses, disturb the quiet enjoyment of adjacent lands, or alter the character and stability of surrounding neighbourhoods through: The proposed use of 60 dwelling units, divided 40 as permanent dwellings, 10 as hotel, and 10 as seasonal hotel (May – August), and commercial space is significantly more intensive than vacant land. Intensity of use, including increased density of dwelling units, is intended for the Central Commercial (C-1) zone. By intensifying the use of this site to include 40-50 Residential dwellings, the ecological footprint of residents can be more easily reduced than those living i) the type and intensity of in low density areas. This proposal also provides employment use opportunities, promotes active living, and provides density required for improved mass transit opportunities in the Town.

ii) the height, mass or The proposed development has been reviewed by the Design architectural design of Review Committee. The most recent proposal is recognized as an proposed buildings innovative alternative that demonstrates value for the downtown

Commercial Core (C-1) zone. For more details on Design Review comments for this proposal, see the associated section in the Staff Report above.

Concerns around the limited on-site parking and associated impacts were highlighted. Parking concerns are addressed below, as part of section g(ii) functional vehicle circulation and parking and loading facilities designed to avoid congestion on or near the property and to allow vehicles to move safely within and while entering and exiting the property.

The proposal contains 4 floors within 39 feet and includes a 5th floor “servery” space as part a rooftop patio. The fourth floor is set back from the edge of the third floor and architectural features are used to minimize the visual impacts of a 4th floor. The 5th floor “severy” space is centered on the footprint, further diminishing it from views on the street. This can be seen in attachment 4, Design Package.

Past approvals consistently required buildings along Main Street clearly “read” as three floors at first glance. Buildings with architectural-feature height of more than 39’, or including more than 3 floors, have consistently been approved in the immediate area and in the Town of Wolfville. These include full-height basements (a fourth floor) used for parking, storage, commerce or dwelling, or architectural features such as turrets and roof-peaks (features which exceed 39 feet in height). Large-scale buildings that have found appreciation from temporary and/or permanent residents of Wolfville include Wolfville Senior’s Lodge, L’Arche Homefires, Woodman’s Grove multi-unit Dwellings, Blomidon Inn, Railtown multi-use building, Micro-Boutique lofts, and various other multi-unit residential dwellings and B&Bs east, west and south of the Central Commercial (C-1) zone.

Based on multiple factors, including added vibrancy, past council decisions (regarding basements and architectural features), location of mechanical units, and environmental factors which constrain a basement parking area, Staff believe the current 5 storey building, which “reads” as three storeys from Main Street, provides on-site parking and a public amenity space on the 5th floor, is an innovative and appropriate compromise. This compromise enables an additional floor, similar to permitted basements or parking garages in past approvals, yet minimizes the architectural impacts through innovative design that continues to “read” as three floors from Main Street.

For more information associated with this topic see Staff comment below on section 18.6.2 (viii) architectural features, including but

not limited to, mass, scale, roof style, trim elements, exterior cladding materials, and the shape, size and relationship of doors and windows; that are visually compatible with surrounding buildings in the case of a new building or with the existing building in the case of an addition

Anticipated hours of use for the restaurant, hotel, and residential iii) hours of operation of the uses will be within acceptable levels for buildings and activities in use the Central Commercial (C-1) zone. Outdoor lighting will be required to not cause negative impacts to iv) outdoor lighting adjacent properties. The activities on this property are anticipated to increase the noise in the immediate area yet will continue to be regulated with existing v) noise, vibration, or odour bylaws, such as those related to noise and unsightly premises. Staff do not anticipate significant increases in vibration or odour beyond what is intended for the Central Commercial (C-1) zone. The Traffic Impact Statement already submitted indicate that the increased volume of regular road traffic are within acceptable levels, and well within the capacity of Main Street to accommodate. vi) vehicles and pedestrian Additional traffic monitoring will be required, and a left turn lane traffic can be implemented if needed.

Traffic monitoring and future traffic impact studies will occur as part of planning for the future of the Town of Wolfville. vii) alteration of land levels/or drainage No issues anticipated. patterns viii) deprivation of natural No issues anticipated. light (c) to ensure that the capacity of local services is adequate to accommodate the proposed development and such services will include, but not be limited to the following: i) sanitary and storm sewer Adequate capacity systems ii) water systems Adequate capacity iii) schools No issues iv) recreation and No issues (needs to be integrated with East End Gateway) community facilities v) fire and police protection No issues

vi) street and walkway No issues (needs to be integrated with East End Gateway) networks vii) solid waste collection Subject to final site/landscape design and integration with East and disposal systems End Gateway (d) to ensure that the proposal is not premature or inappropriate by reason of the financial ability of the No costs to be incurred by the Town town to absorb capital and/or maintenance costs related to the development. (e) to ensure that the proposal does not cause environmental damage or damage to adjacent properties through: i) pollution of soils, water • No issues anticipated or air ii) erosion or sedimentation • No issues anticipated iii) interference with natural • No issues anticipated drainage systems The proposed development includes raising the ground floor to 8m in geodetic height. To accommodate future storm surges, high tides, and rising sea levels, the proposed development includes a water retention area (the parking garage), and floodproofing measures on the first floor which prevent permanent damage and ensure residential uses located above can still be used in the event of a flood, as is common in other flood-prone areas of the world, such as Northern Europe, Florida, and New Orleans.

iv) flooding The total floodproofing measures ensure building structure, up to 12m geodetic elevation are preserved, which is appropriate given Staff estimations of worst-case scenario water levels until 2100, as outlined in draft planning documents anticipated for adoption (an extreme projection of 4 m sea level rise, in contrast to average estimates of 1.3m).

Additional measures, including a generator and battery powered emergency exit system, will ensure essential services can operate for a limited time during power-outages. (f) to ensure that the proposal protects and preserves matters of public interest such as, but not limited to:

i) historically significant • No issues buildings ii) public access to shorelines, parks and • No issues public and community facilities No significant cultural features, natural land features or vegetative iii) important and significant features have been identified at 292 Main Street. cultural features, natural land features and View-planes from the former gas station site at 292 Main Street, vegetation Willow Park, or adjacent lands are not protected within the Municipal Planning Strategy. (g) to ensure that the proposed site and building design provides the following: i) useable active Bicycle Racks will be provided on site to encourage active transportation networks transportation. The site has convenient access to bike lanes on Main that contribute to existing Street and the Harvest Moon Trail. active transportation links throughout the Subject to final site/landscape design and integration with East End community Gateway.

Given the emerging parking management strategy and consideration of the number of student-residents anticipated for this development, staff believe a parking ratio of 0.8 is appropriate, which would require 40 parking spaces. ii) functional vehicle circulation and parking Based on feedback from previous PAC meetings, a ratio of 1:1 has and loading facilities been discussed. Using this formula, the building would require 60 designed to avoid parking spaces. congestion on or near the property and to allow 27 parking spaces are provided internally. In addition, the applicant vehicles to move safely has offered $66,000 as cash-in-lieu for the remaining parking within and while entering required. Providing on-street parking/loading in front of the building and exiting the property on Main Street may also be possible. The cash-in-lieu contribution shall be designated to assisting with a town-led approach to managing parking in the Central Commercial zone.

Additional information related to parking can be found in Attachment 3, Parking Concerns. iii) facilities for the safe • Adequate, subject to further integration with the East End movement of pedestrians Gateway. and cyclists iv) adequate landscaping • Detailed landscaping plan will be provided as we move features such as trees, forward with the process.

shrubs, hedges, fences, flower beds and lawns to successfully integrate the new development into the surrounding area

v) screening of utilitarian elements, such as but not limited to; mechanical • Utilitarian elements are to be screened and electrical equipment, and garbage storage bins

vi) safe access for • No issues emergency vehicles

vii) adequate separation from, and consideration of, public and private • No Issues utility corridors to ensure their continued safe and functional operation Past approvals consistently required buildings along Main Street clearly “read” as three floors. Buildings with architectural- feature height of more than 39’, or including more than 3 floors, have consistently been approved in the immediate area and in the Town of Wolfville. These include full height basements which are used for parking, storage, commerce or dwelling, or viii) architectural features, architectural features such as turrets and roof-peaks. Large- including but not limited scale buildings that have found appreciation from temporary to, mass, scale, roof style, and/or permanent residents of Wolfville include Wolfville trim elements, exterior Senior’s Lodge, L’Arche Homefires, Woodman’s Grove multi-unit cladding materials, and Dwellings, Blomidon Inn, Railtown multi-use building, Micro- the shape, size and Boutique lofts, and various other multi-unit residential dwellings relationship of doors and and B&Bs east, west and south of the Central Commercial (C-1) windows; that are zone. This has culminated in a wide range of alternatives in visually compatible with building style which can be viewed most easily from west to east surrounding buildings in as the buildings within the C-1 zone generally transition to older, the case of a new near Elm Avenue, to more recent buildings, near Locust Avenue. building or with the

existing building in the The proposed building will contribute to changing neighborhood case of an addition character, as the existing commercial uses in the immediate area have, and new developments will, such as: 336 Main (Micro Boutique), the redevelopment at 327/9 Main (Church), and the East Gateway area redesign (including a new main building [Visitor’s Information Centre]). The proposed building, and the associated changing neighborhood character, can be described

as enhancing or detracting from the existing diverse neighborhood character of commercial and residential uses, depending on one’s perspective.

In response to a variety of perspectives, the applicant has altered the design of the proposal multiple times – repeatedly altering the design to respond to community response, advice from Staff, and through listening to the Planning Advisory Committee. This work can be reviewed in the variation of design from early public information meetings to today.

The Architectural Guidelines Manual permits innovation and change, stating: “architectural change must be accommodated and will encourage innovation in housing design especially if the innovative design incorporates alternative energies or elements of energy efficiency” and that “The Town of Wolfville is open to innovation and alternatives, but it is the applicant’s responsibility to demonstrate their value.” Therefore, Staff believe this innovation in design should be considered as it reconciles a variety of Municipal Planning Strategy policies regarding the Central Commercial (C-1) zone: sustainability, density, primarily “reads” as three-storeys from Main Street, contains a modest fourth floor stepped back from the street, and a fifth-floor rooftop amenity for residents and visitors of Wolfville in the form on a rooftop patio & restaurant. For these reasons Staff believe this proposal is compatible with surrounding context.

For additional information on architecture and impacts of the proposal see Staff comment, above, on 18.6.2(b)(ii) the height, mass or architectural design of proposed buildings ix) useable outdoor amenity Almost no open space is preserved on site, yet included is: space for use of residents - commercial spaces and services in a residential - streetscape enhancements estimated at more than development $150,000 subject to approval by Parks Director and integration with the East End Gateway

- Public rooftop patio and inset Juliet balconies on units

- an annual $5,000 contribution for public art/murals

In addition, proximity to commercial amenities on Main Street, nearby parklands, such as Willow Park, Waterfront Park, and Harvest Moon Trail are immediately adjacent. x) accessible facilities for the No issues - subject to final site/landscape design and integration storage and collection of with East End Gateway solid waste materials xi) appropriate consideration Applicant has committed to achieving 40% efficiency over existing for energy conservation building code with the assistance of Efficiency Nova Scotia, EcoSmart, and Hanatech. xii) appropriate consideration of and response to site conditions, including but not limited to; slopes, soil, Site conditions have been taken into consideration and geological conditions, vegetation, watercourses, wet lands, and drainage (h) where Council determines, on the advice of a licensed professional, that there is a significant risk of environmental damage from any proposed development which does not require an No issues identified assessment under the Environmental Assessment Act, environmental studies shall be carried out at the expense of the developer for the purpose of determining the nature and extent of any

environmental impact and no agreement shall be approved until Council is satisfied that the proposed development will not create or result in undue environmental damage

Policy 18.6.2 establishes what conditions may be established in the development agreement. The conditions are limited to those listed, and to the specific policies guiding the particular type of development.

Policy 18.6.2 of the MPS

SECTION 18.6.2 STAFF COMMENT

18.6.2 that a development agreement may • The draft Development Agreement includes terms contain such terms and conditions that are and conditions in relation to many of the items provided for in Section 227 of the included in 18.6.2. Municipal Government Act which ensures that the proposed development is consistent with policies of this Municipal Planning Strategy. The agreement may include some or all of the following: (a) the specific type of use; (b) the size of the structure(s) within a development; (c) the percentage of land that may be built upon and the size of yards, courts, or other open spaces; (d) the location of structure(s) in relation to watercourses, steep slopes and development constraint areas; (e) storm water drainage plans; (f) the maximum and minimum density of the population within the development; the architectural design or external appearance of structures, in particular its compatibility with adjacent structures, where required by policy;

(g) traffic generation, access to and egress from the site and impact on abutting streets and parking; (h) landscape design plan indicating the type, size and location of all landscaping elements that buffer or screen the development. This may also include fencing, walkways and outdoor lighting; (i) open storage and outdoor display; (j) public display or advertising; (k) maintenance of the development; (l) any other matter which may be addressed in the Land Use By- law or Subdivision By-Law, such as parking requirements, yard requirements, etc.; (m) site specific information relating to soils, geology, hydrology and vegetation.

ATTACHMENT 2 - Public Information Meeting Notes

Public Information Meeting 6.00 PM – Wolfville Fire Hall Development Agreement Proposal 292 Main Street

Attending

Staff: Director Chrystal Fuller, Planner Colin Simic & Administrative Assistant James Collicutt Councillors: Mayor Jeff Cantwell, Councillor Wendy Donovan, Councillor Jodi MacKay, and Councillor Oonagh Proudfoot Members of the Public: Approximately 140 members of the public

Applicant: Kevin Gildart and four representatives from Teal Architecture – Tom Emodi, Jon Ellis, Ross Grant & David Espeseth

Mr. Simic began the meeting with a PowerPoint presentation that provided an overview of the proposal to construct a six-storey, mixed-use building at 292 Main Street, a review of relevant policies and a look at the DA process for the application before turning to the public for comments or questions.

Public Comments & Questions:

George Lohnes, 581 Main Street:

• The public would like to hear what is being proposed and have an opportunity for other members of the community to ask questions regarding the application in an open session.

At this point in the meeting the Mr. Gildart introduced himself, noted that he is looking for the community’s input and offered to answer the public’s questions.

Brian McKenzie, 220 Main Street:

• The neighbouring parking lot has flooded previously, so eventually a flood will occur here. Furthermore, the maximum allowable height in the commercial area is only three storeys. This proposal will no longer afford visitors to Willow Park a view of the water – isn’t a water view what we want for our tourists? Could it not be better used as an extended car park?

Acknowledges that the proposal could be a great economic generator but that it will ruin the feel of the area.

Director Fuller:

• The as-of-right height limit is 39 feet; however, development agreements allow for applications to vary from that.

Mr. Gildart:

• Geotechnical experts have been consulted and the water table exists 4’ below grade on this site, therefore the building has been designed to deal specifically with these conditions. The building is designed to withstand 100-Year weather occurrences.

Kate Dalton, 101 Main Street:

• Six storeys is too large. It cashes in on the quaintness of Wolfville and diverts the income elsewhere. Is the Town taking this into consideration and how it will affect our local landlords? The apartment buildings at Woodman’s Grove are only three storeys and already imposing.

Director Fuller: • The Town is taking these factor into consideration.

Gordon Williams, 356 Main Street:

• The proposed building is too high and how will the need for additional parking be handled?

Mr. Gildart: • The project consultants designed around the information they have been given. The Applicant will re-examine their parking plan but noted the economic reality – the cost of parking is very high – and a change in their parking model will affect the rental rates.

Maxine McCuaig, 646 Main Street:

• Noted that her 14 student tenants have 8 cars and asked why this apartment development is necessary with all the other developments coming up?

Mr. Gildart: • Apartments of the type proposed are highly sought after in Wolfville. His personal consultation along Main Street heard that there is very little residential space available in the downtown of Wolfville and he believes there is a need for these sorts of rentals.

Director Fuller:

• Council has set policies for growth and the applicant is permitted to apply for this use.

Joe Rafih, 10 Willow Avenue:

• Aren’t the residential units supposed to have 1.5 parking spots each?

Director Fuller replied: • Not required in the C-1 zone.

Jim Shafner, 83 Bishop Avenue:

• Why should the Town consider the extension of 20’+ above what is allowed as-of-right?

A: Mr. Gildart: • The reality for the development is a compromise between affordability and meeting the needs of the Town – the answer is density.

A: Dir. Fuller:

• Staff and Council will look at the application through the lens of their existing policies.

Cathy Omen, 8 Victoria Avenue:

• Why 6 storeys?

Mr. Gildart: • For the site to be economically feasible a certain amount of square footage is required, including 10 high-accessibility suites, the cost of which is being absorbed by the regular suites so that the accessible units can be affordable for more individuals.

Geri Roberston, 14 Sherwood Drive:

• Concerned that the submitted representation of the building is out of scale. Will there be changes to drawings?

Mr. Gildart: • The drawings are true to scale and have not been altered. The images that are being used are statistically accurate and have be electronically placed into real life photos as an example of the proposed development.

Director Fuller:

• These are not the last drawings the Town will receive, and the Town will request scaled drawings in future showing surrounding buildings.

Mr. Gildart:

• The Applicant engaged an engineering firm to conduct a traffic study, which indicated that there will be no negative repercussions relating to traffic from this development.

Director Fuller:

• Staff have requested a traffic information study, which will contain a series of recommendations.

Ulrich Schmitt, 67 Chestnut Avenue:

• Will the traffic study become public?

Director Fuller: • Yes, before the application moves a head to the Planning Advisory Committee.

Audrey Conroy, 35 Bishop Avenue:

• Only 9 of the 78 units have 2 bedrooms. The consultants hired by the Town found that the town needs housing for young families.

Mr. Gildart: • The Applicant is open to changing the mix of unit types (ie # of bedrooms) to suit the needs of the community when the proposal gets to that point.

Janet Eaton, 133 Main Street:

• Has the Department of Fisheries and/or Ecology Action Centre been consulted regarding sea level rise?

Mr. Gildart:

• No but committed to contact them.

Janet Eaton, 133 Main Street:

• Visitors often comment on the quaint feeling of the Town and Ms. Eaton worries that the proposed development will detract from the tourism charm of Wolfville. She noted a study that inferred that traffic in Town is hurting its businesses and the added traffic from this development would increase concerns. She asked if there been a cost-benefit analysis of what we (the Town) might loose in allowing this development vs. what it offers?

Mr. Emodi:

• The 4 storeys of residential units alone would meet the as-of-right height requirements for the site; however, the Town requires a commercial frontage on the development and that type of space has a ceiling height of approximately 12’, which pushes the development beyond the as- of-right height limitation despite being only 1 storey higher. The traffic study measures the impact on traffic and it does not infer that there won’t be more, only that the impact will not be appreciable.

Patricia Williams, 86 Sherwood Avenue:

• What does that (not appreciable) mean?

Director Fuller:

• Once the traffic study is available to Staff, it will be made available to the public – but the real question is – “will the impact be more than the road can handle?” If so, engineers may make recommendations for upgrades. This will be publicized once a determination has been made.

Mary Costello, 17 Chestnut Avenue:

• Will the Town follow the recommendations of an engineering firm? For residents, its obvious that 78 new units on Main Street will create an impact in how traffic moves through Wolfville.

Director Fuller:

• Staff will review and consider the engineers reports then weight it against other information. Staff will make a recommendation to PAC, who will make a recommendation to Council.

John Martins, Wickwire Avenue:

• Why are the heritage-based design elements of Wolfville’s other buildings not being incorporated into the proposal?

Mr. Emodi:

• Wolfville’s policy is to promote architectural diversity and the design of this building reflects modern-day culture. Copying older buildings creates faux heritage buildings, and the most respectful a development can be of heritage architecture, is not to copy it. If the public would like to see these features in the proposal then they will endeavour to do so but the proposal now is only an initial consultation and the design will change.

Q; Gordon Lummis, 42 Bigelow Street:

• When thinking of Wolfville, one thinks of older buildings and a human-scale, which this proposal doesn’t seem to match and it doesn’t appear to fit the architectural guidelines.

Director Fuller:

• Staff will evaluate the proposal and receive feedback from the Design Review Committee. This meeting is only an initial feedback session.

Colleen Sheppard, Wickwire Avenue:

• Why was a PIM-style meeting not held before the developer hired consultants?

Mr. Gildart:

• In March 2016, Tom Dalmazzi started the consultation process, having sought out opinions on different building façade types through a world café style consultation at the Wolfville Farmers’ Market, involving 59 people, with 39 people completing a survey on facades, amenities, ect. – and the feedback was incorporated into the proposal as it stands tonight.

Roberta Hammet, 24 Harbourside Drive:

• Just because it’s possible to work outside of the design guidelines it doesn’t mean that they should be forgotten about (regarding the design of the building).

Tony Stewart, 19 Alline Street:

• The MPS states that Council needs to ensure that when considering a development agreement proposal, the architectural character is visually compatible with the established character of other buildings in the neighbourhood – which this does not.

John Sheppard, Wickwire Avenue:

• If passed by Council, will this development set a precedent for future taller buildings?

Jen Greenough, 315 Main Street: • Are students the target market for the studio apartment units?

Mr. Gildart:

• Studio apartments attract students, young professionals, middle-aged people and seniors. Many residents choose these types of apartments base on their own personal requirements as they are efficient and affordable.

Stephen Willsack, 239 Main Street:

• Development is good for the community, but the concern is that the floodplain area is not suitable for development given its eroding state and the lack of a concrete plan to secure it.

Director Fuller:

• The Town’s Engineer is aware of certain areas that are at risk and Staff will look at the floodplain issue in relation to the property; however, the floodplain mapping information Staff have available for consideration is part of the current MPS adopted in 2008.

David Burton, 242 Main Street:

• The proposal will eclipse L’Arche’s new building and will block the vistas of the dykes from Willow Park. Why did the town not buy this and establish parking there?

David Daniels, 3 Toye Lane:

• The proposal includes 2 accessible parking spots, 4 are required. Will the Applicant commit to having affordable housing through the development agreement?

Director Fuller:

• There is no legal means for the Town to require a certain rental rate through a development agreement.

Mr. Gildart:

• Has an operating mandate to make this an inclusive building and has a personal commitment to do what is morally correct.

David Daniels, 3 Toye Lane:

• If the building were sold then the Applicant’s personal commitment would be irrelevant.

Mr. Gildart:

• Acknowledges that the building could change hands, even though it is not his intention.

Rendell Hefler, 109 Woodman Road:

• Will the Applicant live in Wolfville?

Mr. Gildart:

• No.

Stephen Drahos, 311 Main Street:

• Could the Applicant work within the existing height restriction set out in the LUB?

Mr. Gildart:

• It is unclear whether the development would be economically viable at only 39’.

Vicent den Hartog, 176 Main Street:

• What is the Applicant offering in return for Council to extend its allowable height in the development?

Mr. Gildart:

• Nothing has been asked of him and nothing has been offered. If there are requests made later in the process then they will be considered.

Ian Porter, 46 Parkview Avenue:

• This is not the site for a 6-storey development in Wolfville. The back half of Willow Park is a more suitable location – possible land swap between the Applicant and the Town?

George Lohnes, 581 Main Street:

• The current and previous state of the vacant lot over the last 7 years speaks makes him nervous that the building and property will not be well maintained in the future.

Mr. Gildart:

• Has offered free use of the land to the community while it was vacant but the opportunity to use it was never taken up by the Town or a community group. Effective tomorrow, Mr. Gilhart will reassess the state of the lot and improve its visual appeal.

Mr. Lohnes, 581 Main Street:

• The Town has seen what Crowell Tower did to Acadia’s landscape and believes that this proposal may be a repeat.

The Public Information Meeting paused for a break at 8:03 PM. It resumed at 8:28.

Linda William, 108 Main Street:

• Asked if the units would operate under 8-month or 12-month leases, be furnished or unfurnished and what materials would be used? Concerned that this development is too tall and architecturally unappealing. A land swap should be done and it can be built elsewhere.

Director Fuller:

• The Town cannot regulate the length of leases and a land swap is a very involved process that requires the direction of Council. Feedback should be given on the proposal as it is currently being presented.

Mr. Gildart:

• Lease duration and such things are driven by the market. If there is going to be a hotel use in this building it will be fully-licensed and publicized. Materials are subject to change and the final decision has not yet been made.

Mr. Emodi:

• Interior materials will follow a healthy materials strategy and Exterior materials will be of non- combustible cladding that resist wind-load. Open to questions and comments about materials.

John Whidden, 7 Fowler Street:

• Is the developer aware of competing units becoming available concurrently?

Mr. Gildart:

• Yes.

Maxine McCuaig, 646 Main Street:

• Why is a building of this height even being considered? The Applicant should note the number of vacant apartments available for students currently in Wolfville.

Director Fuller:

• Staff cannot reject the application, but that does not mean that Council will approve the development as currently proposed.

Mr. Gildart:

• The development appeals to some who attended the meeting and in consultation he has found that there is interest in this type of rental unit in Wolfville.

Christine Friars, 303 Main Street:

• Would the Applicant consider more commercial space, which is really needed in Wolfville?

Mr. Gildart:

• Yes, but hasn’t explored this potential market.

George Lohnes, 581 Main Street:

• Would the Applicant and the Town consider another public meeting outside the regular process for development agreements after the Design Review Committee receives the proposal?

Director Fuller:

• There is a mechanism to do so and Staff will discuss it.

Audrey Conroy, 35 Bishop Avenue:

• Is there any possibility to say to the Applicant “maybe later”?

Director Fuller:

• The answer must be “yes” or “no”, not “maybe”.

Gordon Williams, 348 Main street:

• Against a big building with no parking. The building is too large for the downtown.

At this time, there were no further question or comment and the Public Information Meeting was officially adjourned at 8:45.

ATTACHMENT 3 – Parking Considerations

The 2008 Municipal Planning Strategy does not Past Parking approvals, by Development Agreement, specify a parking requirement for applications for a within the C-1 Zone development agreement, instead requiring only Rita’s – 318 Main Street “adequate” parking for development agreements. This has resulted in reduced parking for new Approved in 1994. Commercial & Residential. 13 spaces developments in the Central Commercial (C-1) provided. zone. Paddy’s Pub – 320 Main Street

A reduced parking approach supports a reduced Approved in 2000. Commercial use. No specific physical reliance on Fossil Fuels, Natural Step and parking spaces required. Cash-in-lieu of $18,000 Melbourne principles found in the Municipal provided. Planning Strategy, and a transition to a more Library Pub – 334 Main Street sustainable future. Principles found in the Approved in 2001. Commercial use. No physical parkings Downtown Architectural Guidelines Manual for a spaces required. Cash-in-lieu of $4,000 provided. pedestrian oriented downtown align with reduced on-street parking. These principles articulate that Railtown – 24 Harbourside Drive improved streetscapes with hidden parking areas, Approved by Development Agreement in 2005. 80 are preferable to an overabundance of parking, and Residences + retail space. 79 Parking spaces provided. lead to a higher quality of life. These concepts are Agreement to cost share and/or provide access to articulated in Part 15 of the existing Municipal waterfront park parking area and public parking at Railtown (contribution to ~60 parking spaces) Planning Strategy. 304 Main Street Why Reduce Parking? Approved in 2001. Commercial and residential use. 45 sq Within Wolfville, the reduced need for parking m of parking area provided (est 3-4 parking spaces). contained in the 2008 MPS has changed the “on- Microboutiques – 336 Main Street street” experience from that of Railtown (approved in 2005) to the experience of L’Arche homefires Approved by Development Agreement in 2013. 60 (approved in 2014). Residences + retail space. Originally intended to be 38 parking spaces (28 physical and 10 cash-in-lieu). Final This approach is correlated with diminishing car- result is 35 (25 physical + 10 cash-in-lieu). use and increasing use of walking and bicycling L’Arche Homefires – 341 Main Street (leading to positive health outcomes), and more equitable communities (as people who do not use Approved by Development Agreement in 2014. Commercial mixed use building, no residential use. 0 cars are given safer paths of travel). Increases in Parking spaces required. No parking contribution walking and biking also correlate to increased required. economic activities and decreased reliance on Fossil Fuels, as alluded to in the Municipal Planning Strategy.

A negative correlation with reduced parking is increasing conflict over parking availability, access for those with personal mobility challenges, and a continued cultural and systemic reliance on automobiles.

Reduced on-street parking is a key part of contemporary Induced demand is the phenomenon that urban design due to the benefits it can bring through after supply increases, more of a good is inducing-demand for alternative transit options, yet reduced consumed. This is entirely consistent with the on-street parking is directly connected to parking economic theory of supply and demand; this idea has become important in the debate over management as parking is still required due to the induced- the expansion of transportation systems and demand for cars through our cultural expectations and is often used as an argument against overabundance of personal transportation infrastructure increasing traffic and parking capacity as a (vehicles and roads). cure for congestion as it actually contributes to increasing the use of traffic and parking. Parking Management The more we enable parking and traffic, the more we enable “oversized” individual At the direction of Council, and to answer parking concerns environmental impacts. from the public, Staff are working on making parking management improvements. Given the ongoing review of our Municipal Planning Strategy, parking regulation changes are also envisioned with the adoption of a new Municipal Planning Strategy and Land Use By-law (direction from Council to-date included in this report). Appropriate parking regulation and management is an essential part of maintaining and enhancing the unique downtown experience for which Wolfville is known.

Additional tools to reduce demand for parking in downtown areas is to provide a greater diversity of services downtown so residents have less need to drive away from Wolfville to obtain services, and to increase the density of people living within walking access to those services through multi-unit dwellings in the Commercial Core as outlined for the Commercial Core area and zones, in the Municipal Planning Strategy.

Since 2016, Staff have monitored parking within the Town of Wolfville and implemented incremental changes. The multiple studies conducted as part of this monitoring identified that town-managed free- parking spaces were occupied 76% of the time (similar to Halifax’s at 72%), during regular office hours. On average there are 143 spaces available within a two minute walk of the Downtown core. The majority of available parking is in the North-west, North-east, and South-east corners of the downtown area. Actions already taken by parking enforcement have increased the availability of existing on-street parking areas, and the most recent staff report (February 5, 2019) included a variety of actions the Town of Wolfville is taking leading up to, and within 2019-20 operations.

ACTIONS FROM MOST RECENT PARKING REPORT (February 5, 2019)

- Parking Actions will be outlined in the 2019-2020 Operations Plan, focusing on identified problem areas. - Continue counts for the next three years to create a baseline of parking data for analysis as an improved decision-making tool. - Use parking utilization data to assist with incremental improvements to public parking. - Continue support of enforcement staff to ensure that overtime parking compliance is effective, and monitoring continues. - Promote the idea “Where to Park in Wolfville” using effective communication like social media, newsletter, and an online map.

Figure 4-1 – Average available parking in Downtown Wolfville

A recent study completed in Halifax Regional Municipality identified a parking-space occupancy of 72%, yet in certain areas rates of 60% or 95% were identified. Issues that contributed to the perceived parking issue were identified as unawareness of nearby parking options and/or individual choice to not-park at available nearby options. Solutions suggested included:

- increasing awareness of parking areas through signage, and

- Making parking paid

Parking studies in Halifax and Wolfville both indicate that the key action to relieve parking in downtown areas is to increase awareness of available parking options not to increase the number of parking spaces.

When parking is provided for free, it becomes a common resource subject to the same abuses found in frequent “tragedy of the commons” issues where individuals feel a “right” to a shared-resource without understanding the costs of their actions.

In this instance the high cost of free parking is directly related to:

Time - as drivers, residents, business owners, and Councillors compete over finding free public parking spaces and debate how many more should or should not exist. Money – the creation and maintenance of a surface parking space costs between $2,000 and $7,500 depending on a variety of factors. Additional costs come from management, enforcement, and maintenance. Environment – parking areas induce demand for driving, “cruising” for spaces, and long term high-energy use. Health – the use of cars is directly correlated with individual health: the more you drive the less fit you are likely to be. This can cost years of a person’s life.

Increasing demand

Parking continues to be an issue of concern. The most recent Town of Wolfville parking report, reviewed by Council on February 5, 2019, included a number of actions for the near term.

It is important to note that demands for parking are increasing at a rate higher than population growth, and more closely correlated with the substantial increase in Tourism for Nova Scotia and the Annapolis Valley. In the near future we anticipate the demand for seasonal parking to continue to increase with the Figure 4-2 - Example of potential increase of public parking at East End emergence of new hospitality Gateway showing an estimated 43 additional parking spaces. businesses in our Downtown Core, a growing interest in seasonal accommodations, the redevelopment of the East End Gateway (Willow Park and the Harvest Moon Trail) into a “destination park”, and the increasing interest in wine-bus tours, and continued increases to tourism.

For these reasons Staff have also identified opportunities for increased parking as part of potential projects such as a New Library, the East End Gateway, existing underutilized town land, and other areas of town. These parking opportunities are not yet integrated into capital-planning, as Council needs to consider the long-term impacts of increasing parking supply given a variety of factors which include:

- the volume of regular-use in contrast to seasonal-use, - the high-cost of free parking to the Town of Wolfville, - the high environmental cost of continuing to invest in a mode of transportation that requires significant fossil fuels in the creation and maintenance of pavement, new personal-vehicles, and energy costs.

ATTACHMENT 4 – Design Package

Including renderings, site plan, floorplans

ATTACHMENT 5 – Draft Development Agreement

REQUEST FOR DECISION #033-2019 PUBLIC ART PROPOSAL 2019 Date: 2019-06-04 Department: Community Development

SUMMARY

PUBLIC ART PROPOSAL 2019

For Council to consider the draft request for proposal for public art outlined in Attachment 1.

DRAFT MOTION:

THAT COMMITTEE OF THE WHOLE RECOMMEND THAT COUNCIL APPROVE THE DRAFT REQUEST FOR PROPOSAL FOR PUBLIC ART OUTLINED IN ATTACHMENT 1, SUBJECT TO A PLAIN LANGUAGE EDIT AND FORMATTING BY STAFF.

1) CAO COMMENTS

No Comments Required.

2) LEGISLATIVE AUTHORITY

The Municipal Government Act Section 47 enables Council to make decisions in the exercise of its powers on behalf of the Municipality, which includes directing staff and adopting policy. Public Art Policy #760-002 outlines the responsibilities of the Art in Public Spaces Committee in recommending and advising Council regarding Public Art.

3) STAFF RECOMMENDATION

As above.

4) REFERENCES AND ATTACHMENTS

1) PUBLIC ART PROPOSAL 2019 (attached)

2) DISCUSSION In late 2014 the Town of Wolfville created an Art in Public Spaces Committee with the intent to commission major works of art every four years in alignment with the Public Art Policy. This request for direction is intended to result in a Request for Artistic Proposal to commission a major work of art in accordance with the intent of the Art in Public Spaces Committee Policy.

To assist in this process an email-survey and art consultation were held to identify key themes for public art. This process identified key areas of interest such as: Diversity (cross-generational and cross- cultural), Relationship to Nature, and Agriculture Heritage (wine, apples, food). This process also identified key areas such as East End Gateway, Reservoir park, and other areas included in the Public Art Site Plan (attached).

3) FINANCIAL IMPLICATIONS There is no direct financial implication from this request for decision at this time. The intent is to spend up to $20,000 towards public art in the 2019/2020 or early 2020/2021 fiscal year from the Art in Public Spaces budget, as planned and outlined in existing policy.

4) REFERENCES TO COUNCIL STRATEGIC PLAN AND TOWN REPORTS No existing policy addresses public art request for proposals. The Public Art Policy requires a call for proposals, which this request is intended to be. The existing Cultural Development Policy requires Staff to encourage development of culture within the Town of Wolfville, which is made more-possible by “leading by example” and commissioning art.

5) COMMUNICATION REQUIREMENTS

PUBLIC ART PROPOSAL 2019 Town of Wolfville 2

None at this time.

6) ALTERNATIVES 1. Not make a recommendation at this time. 2. Make a recommendation as above, subject to specific concerns

PUBLIC ART PROPOSAL 2019 Town of Wolfville 3

Attachment 1

PUBLIC ART PROPOSAL 2019 RFP ##-### (Phase I of II) Month, 2019

A cultivated experience for the mind, body, and soil

PUBLIC ART PROPOSAL 2019 Town of Wolfville 4

Request for Proposals (Phase I of II) PUBLIC ART PROPOSAL

The Town of Wolfville will be accepting Phase I proposals for a piece of public art within the Town of Wolfville.

RFP documentation can be picked up on the 2nd floor of the Wolfville Public Works Building located at 200 Dykeland Street, Wolfville, NS, B4P 1A2 or by emailing [email protected].

Proposals will be received until TIME, local time, DATE.

All proposals must be submitted in a sealed envelope, or via email, clearly marked in the subject line: “PUBLIC ART PROPOSAL 2019” and be delivered to:

Town of Wolfville 200 Dykeland Street Wolfville, Nova Scotia B4P 1A2

Attn: Jeremy Banks, Community Planner

Or to [email protected], Subject “Public Art Proposal 2019”

All inquiries related to this RFP shall be addressed, in writing, to Jeremy Banks, by fax at (902) 599-3762 or by email at [email protected]. Information obtained from any other source is not official and is not binding upon the Town of Wolfville.

The Town reserves the right to accept or reject any or all proposals. The Town further reserves the right to award the proposal in whole or in part.

PUBLIC ART PROPOSAL 2019 Town of Wolfville 5

GENERAL INSTRUCTIONS

1. All proposals shall be submitted on the forms supplied with the document.

2. All proposals will be evaluated based on information contained in the submission. All proposals must be dated and signed by the Proponent or an individual having signing authority for the Proponent.

3. The Town of Wolfville considers that all suppliers act in good faith and intend to supply equipment and services of high quality.

4. The Town of Wolfville will not accept any equipment or material that is inferior to or substituted for specified products.

5. This RFP is not intended to favour any particular equipment, manufacturer, contractor or artist. Any names or figures the same or similar to any specific equipment, manufacturer or contractor is purely coincidental. The phrase “or equivalent” shall apply where a particular specification, equipment, manufacturer, contractor, or artist is mentioned. 6. The Town assumes all terms and conditions of the proposal are accepted by the Proponent based on their signature on the submission.

7. Recommendation of proposals will be based on the following: a) The RFP meets the needs of the Town of Wolfville without question. b) The jurying process as outlined in the Town’s Public Art Policy (Policy No. 1221-74) Section 1.1.4. c) The RFP meets or exceeds the Project Scope d) The RFP is approved by the department concerned. e) All RFP requirements are complete in all respects.

8. The following items will not be accepted or considered: a) RFP’s arriving after the closing date and time. b) Corrections or additions to any submitted RFP unless initialled by the Proponent.

9. RFP’s are to be submitted in a sealed envelope, or via email, clearly identified “PUBLIC ART PROPOSAL 2019” and are to be delivered no later than TIME, DATE to: Town of Wolfville Attn: Jeremy Banks 200 Dykeland Street Community Planner Wolfville, NS B4P 1A2 OR [email protected] Subject: Public Art Proposal 2019

10. All information requested must be provided by the Proponent. Submissions not containing the requested information may be rejected without further consideration.

11. Any and all costs associated with the submission of this proposal shall be the responsibility of the Proponent submitting the proposal.

PUBLIC ART PROPOSAL 2019 Town of Wolfville 6

12. All submissions to this request for proposal, including any supporting documentation, shall become the property of the Town of Wolfville.

13. All price estimations are to be clearly indicated as part of the proposal and shall be all inclusive of labour, material and equipment necessary to provide the service requested to the best of the Proponent’s ability.

14. The expected duration of art must be indicated in the submission.

15. Documentation that may be required of the Proponent at a later date:

• A current WCB clearance letter, NSCSA (or equivalent) letter of recognition, $2,000,000.00 general liability insurance with the Town of Wolfville named as additional insured.

• A completed Contractor Health & Safety Checklist, and successful bidder must adhere to all elements in the Town of Wolfville Contractor Health & Safety Requirements (see Appendix A).

THE LOWEST OR ANY PROPOSAL NOT NECESSARILY ACCEPTED AND MAY BE AWARDED IN WHOLE OR IN PART.

Background

PUBLIC ART PROPOSAL 2019 Town of Wolfville 7

In 2014 the Town of Wolfville created an Art in Public Spaces Committee with the intent to commission major works of art every four years in alignment with the Public Art Policy. Staff have conducted several art consultations with the Art in Public Spaces Committee to identify key themes and locations for art in the Town of Wolfville. This proposal is for proposals of public art for the Town of Wolfville to commission, as outlined in the Project Description, below.

Project Description

The Town of Wolfville is requesting proposals for a public art feature located in one or more locations within the Town of Wolfville that focus on themes of Diversity (cross-generational and cross-cultural), Relationship to natural environments, and the Agriculture & Winery. The Town of Wolfville has committed a total of $20,000 to this public art feature. This is an exciting opportunity to create a premier art in one of Wolfville’s premier public spaces in a high-profile location. The total budget can exceed $20,000 yet the proponent shall have to identify other potential funding sources.

This will be a two phase RFP process with Phase I to be a more conceptual exercise that will lead to a short-list of artists/teams to submit detailed submissions during phase two. Phase one of the process will also be used to generate interest and additional funding support for the eventual execution of the project, scheduled for the 2018/2019 fiscal year.

The locations to be considered include:

East End Gateway

PUBLIC ART PROPOSAL 2019 Town of Wolfville 8

Reservoir Park,

Or other location as outlined on the Public Art Site Plan (Appendix B)

Project Scope

Information to Proponents

a. Proposal Submission

The response to this RFP shall be submitted using the two-envelope system as follows:

• The conceptual design proposal shall include three (3) bound copies of the proposal clearly marked as “CONCEPTUAL DESIGN,” estimated cost information shall not be included in the Conceptual Design portion of the submission. • The financial proposal shall be submitted in a separate, sealed envelope (one copy only) and clearly labeled “FINANCIAL”.

b. Conceptual Design

The conceptual design proposal envelope is to be clearly marked with the name of the Proponent, address, telephone number, email address and fax number if applicable.

1. Design, Understanding and Implementation Plan

This section shall present a conceptual vision for the feature installation and outline any technical aspects required. Multiple concepts may be presented by the same

PUBLIC ART PROPOSAL 2019 Town of Wolfville 9

team. The concept can be for a single location or for multiple locations identified in Project Description. The submission should demonstrate the Proponent’s understanding of the assignment and deliverables required for the work proposed to meet the project objective as outlined in section VII. Project Evaluation and demonstrate how the project reflects the project’s guiding principles (see below under Evaluation). The Proponent’s approach and methodology to meet the project objective shall be outlined along with an approximate proposed work plan identifying project duration and key milestones. The Proponent is to provide a schedule they believe is realistic and achievable for the scope of work proposed.

2. Company Experience and Project Team Qualifications

This section is to include curriculum vitae/resumes for the Proponent and identified project resources. The Proponent is encouraged to provide 3-4 reference projects for similar undertakings completed in the past (each reference project should include a contact person with phone number for the owner of the project).

c. Financial

Submit the Financial Proposal in a separate, sealed envelope, clearly marked “Financial Proposal”.

Each Proponent is to provide an estimated overall cost with a breakdown of estimated individual components, where relevant. Detailed costing will be required during Phase II for successful Proponents.

V. Address for Submission

The proposals shall be delivered in a sealed envelope marked “PUBLIC ART PROPOSAL 2019”, no later than TIME, DATE:

Town of Wolfville 200 Dykeland Street Wolfville, NS B4P 1A2

Attn: Jeremy Banks Community Planner

Under no circumstance will proposals received after the Submission Closing Date be accepted.

VI. Project Timeline (insert dates before issue) 1. Issue Phase One RFP 2. RFP Advertising 3. Review by Art in Public Spaces Committee and 3-5 Proposals Recommended to Jury (10 weeks from Issue) 4. Jurying Process 5. Decision and Selection to Provide Detailed Submission

PUBLIC ART PROPOSAL 2019 Town of Wolfville 10

VII. Proposal Evaluation

Proposals will be evaluated first by the Town’s Art in Public Spaces Committee and a short-list by a Jury, as per the Town of Wolfville Public Arts Policy, on the basis of all information provided by the Proponent. Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in the RFP. Failure to comply with these requirements may deem the proposal non-responsive. In recognition of the importance of the procedure by which a Proponent may be selected, the following criteria outline the primary considerations to be used in the evaluation and awarding of this project (not in any order).

Selection of a proposal will be based on the following criteria and any other relevant information provided by the Proponent in the submission. Additional Evaluation Information is provided below.

Proposal Evaluation Criteria

Conceptual Design & Understanding 35% Company Experience and Project Team Qualifications 10% Financial 10% Alignment with Guiding Principles (park character & project) 25% Alignment with Public Arts Policy Criteria 20%

Evaluation Information:

Through community consultation, the following themes were identified for this art project: Diversity (cross-generational and cross-cultural), Relationship to natural environments, and the Agriculture & Winery culture:

• Diversity: Wolfville and region has been home to a number of diverse cultures over time which include Mi’kmaq peoples, Acadians, Planters, and recently emerging cultures from other regions of Canada and the world. These groups are diverse in visibility, age, and in the length of time residing in the region yet all contribute to the emerging tale of Wolfville and the Annapolis Valley. The art proposal can celebrate one or more of these cultural differences and their contributions to the region.

• Natural Environment: Wolfville, and the Annapolis Valley, attract residents and visitors that appreciate nature and the unique features located nearby such as Blomidon, the Dykelands, open spaces and fields, the dramatic tides in the Bay of Fundy and more. The art proposal can celebrate these local and natural features that reward Wolfville residents and visitors from away.

• Agriculture & Wine Culture: Wolfville’s recent history is rooted in local agriculture industries which include food and wine. The variety and quality of local food and wine have made Wolfville and the region internationally recognized for the level of excellence and pride that residents

PUBLIC ART PROPOSAL 2019 Town of Wolfville 11

bring to their work. The art proposal can celebrate the labours and labourers that have contributed to the recent history of Wolfville.

Council, the Art in Public Spaces Committee, Staff and others involved (i.e. teams responding to the request for proposals, the Jury when judging proposals) will base their decisions on these themes and the Selection Criteria of the Art in Public Spaces Policy (Section 4 of the Art in Public Spaces Policy).

Public Art’s Policy Selection Criteria:

Each work of art that is being considered for acquisition of the Town’s permanent collection will be evaluated according to the following criteria: • Relevance to the Public Art Policy • In harmony with the Town’s natural and/or build environment, and/or heritage • Craftsmanship • Compliment to the Town’s permanent collection • Appropriate materials • Artistic merit • Sustainability of the work for display in a public space • Authenticity of the work • Condition of the work • Town’s ability to maintain and conserve the work

VIII. Appendices

- FORM 1 – PROPONENT CONTACT INFORMATION - APPENDIX A - TOWN OF WOLFVILLE CONTRACTOR SAFETY FORMS - APPENDIX B – PUBLIC ART SITE PLAN

PUBLIC ART PROPOSAL 2019 Town of Wolfville 12

FORM 1 – PROPONENT CONTACT INFORMATION

Submitted by: ______Proponent Name

______Mailing Address Postal Code

______Phone number Fax Number

______E-mail Address

______Contact Person

______Title Cell Phone

______Signature Date

______Print Name

The lowest or any proposal will not necessarily be accepted. The Town reserves the right to accept or reject any or all proposals. The Town further reserves the right to award the proposal in whole or in part.

PUBLIC ART PROPOSAL 2019 Town of Wolfville 13 COMMUNITY MAP 49 DEVELOPMENT PUBLIC ART SITE PLAN 2018-11-28

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HIGHWAY 101 REQUEST FOR DECISION 031-2019 Electronic Voting Date: June 4, 2019 Department: Office of CAO

SUMMARY

ELECTRONIC VOTING

October 2020 is the next municipal election for Nova Scotia and in preparation municipalities can decide if they will be offering voters an option to vote electronically, vote at the polling stations on paper, or a combination of both. Providing an option to vote from a computer or cell phone in your own home, or using a local Library designated computer, or a computer booth at the polling station is an important part of ensuring all voters have easy and efficient access to the electoral process. This Request for a Decision recommends that Town Council move to offering all future elections electronically.

Electronic voting, or evoting is increasingly becoming the method of choice for elections in Canada and around the world. The benefits include ease of access for all, privacy for special populations, a much faster experience to cast a vote, no spoiled ballots, less paper involved, and almost immediate results available for election organizers.

In 2012 and 2015 Town Council voted not to implement evoting because of concerns with: voter engagement in the process, removing voters from the safe environment of polling stations, making voting a more casual activity, the security of online voting, and voters responding in the moment and being influenced by others at the time of their vote. Staff believe that voter and candidate engagement in the electoral process is a separate and valid concern but not something impacted by allowing electronic voting. To support increased engagement an Engagement Plan will be developed to focus on the subject, to be launched in January 2020.

Although there are potential risks and drawbacks for evoting such as online security concerns, and the digital divide between generations, the research and trials in other municipal units show that the benefits outweigh the risks. As an example, Online banking has become the norm for many over the past 10 years, despite occasional bank security issues, for the most part, people appreciate the easy access to carry out transactions afforded to them.

Council would be offering voters an easily accessible way for all to vote if they implement evoting for the 2020 municipal election.

DRAFT MOTION 1:

That Town Council approve the development of a bylaw authorizing voters to vote electronically in the 2020 municipal election and that there be no use of paper ballots.

Request for Decision, Page 1 of 7 REQUEST FOR DECISION 031-2019 Electronic Voting Date: June 4, 2019 Department: Office of CAO

1) CAO COMMENTS The CAO supports the recommendations of staff.

2) LEGISLATIVE AUTHORITY Section 146A of the Municipal Elections Act bestows municipal council with the legislative authority to select the method and system of voting. “Section 146A(1) A council may by by-law authorize voters to vote by mail, electronically or by another voting method.”

3) STAFF RECOMMENDATION Staff recommends that Council approve the development of a bylaw authorizing voters to vote electronically for the 2020 Municipal Election and subsequent elections. There would be no traditional (paper) ballots.

4) REFERENCES AND ATTACHMENTS • Municipal Elections Act • Part II: Benefits, Drawbacks and Risks Associated with Internet Voting • ENS Strategic Plan 2018-2023 • Annual Report of the Chief Electoral Officer 2017-2018 • Public Opinion Survey following June 30,2014 Federal by-elections

5) PURPOSE OF REPORT The purpose of this report is to provide Council with the background, benefits and drawbacks for evoting and ask Council to make a decision regarding using evoting for the 2020 Municipal Election and any subsequent Elections.

6) DISCUSSION Electronic voting, or evoting, was introduced in the Nova Scotia municipal elections in 2008 and at the time traditional methods, paper, were still required. In 2012, legislation changed to allow evoting only, and mechanisms included telephone, internet and kiosk voting. The most recent information comes from the 2016 municipal elections.

For the 2016 municipal elections below is a breakdown showing voting method used by Nova Scotian municipalities and towns with the remaining municipal units, not listed and including Wolfville, using only Paper voting. The table also shows the number of residents that could vote compared to the number that actually did vote and highlights the lack of voter engagement in general:

2016 Municipal Elections:

Municipal Unit Advanced Voting Election # Election Voter method eVotes # paper Engagement votes Statistics

Request for Decision, Page 2 of 7 REQUEST FOR DECISION 031-2019 Electronic Voting Date: June 4, 2019 Department: Office of CAO

Towns: Total Actual # Voters % Voters Potential Voters Berwick eVote 903 No 1597 903 56.6 Digby eVote 584 No 1427 584 40.9 Middleton eVote 644 No 1233 644 52.2 Truro eVote 4300 No 9420 4300 45.6 Yarmouth eVote 2991 No 4871 2991 61.4 Antigonish eVote & paper 1074 921 4142 1995 48.2 Bridgewater eVote & paper 2010 476 6337 2486 39.2 Kentville * eVote & paper 1893 740 4862 2633 54.2 Shelburne * eVote & paper 561 391 1425 952 66.8 Stewiake eVote & paper 461 171 966 632 65.4 Windsor* eVote & paper 1222 57 2509 1279 51 New Glasgow eVote & paper 2605 1349 7441 3954 53.1 Pictou eVote & paper 927 628 2725 1555 57.1 Stellarton eVote & paper 1047 688 3336 1735 52

Municipalities: Argyle eVote & paper 2949 890 6443 3839 59.6 Digby eVote & paper 1329 417 5700 1746 30.6 Clare eVote & paper 2102 1047 6634 3149 47.5 Cape Breton eVote & paper 21469 21902 81378 43371 53.3 Chester eVote & paper 1570 860 7943 2430 30.6 Halifax Regional eVote & paper 55788 32475 282347 88263 31.3 Lunenburg eVote & paper 4096 4262 20277 8358 41.2 Pictou eVote & paper 4642 2481 17065 7123 41.7 Victoria eVote & paper 950 463 5146 1413 27.5 Info from Intelivote via AMANS – All clients NS 2016 stats

*paper voting at Seniors facilities only

The Town of Middleton also used evoting in their recent Special Election in March 2019 with voter participation reaching 28.4%. Middleton’s Returning Officer and their CAO both see the benefits of evoting and for the Special Election created a kiosk at the Town Hall for voters to drop by in advance and two booths with touch screens and ipads on hand were set-up on election day. To ensure access for all to vote they took ipads into the seniors nursing home and assisted residents to vote. The average time spent evoting was 1 minute 34 seconds. The Town of Middleton recommends moving to 100% evoting as offering a combination of evoting and paper ballots will be more expensive.

In 2008, 4 municipalities used e-voting, increasing to 15 municipalities in 2012 and 23 municipal units having some form of evoting in 2016. Berwick used e-voting in 2008 but did not in 2012 because of cost however returned to e-voting in 2016. When Nova Scotian voters were offered the option of an electronic

Request for Decision, Page 3 of 7 REQUEST FOR DECISION 031-2019 Electronic Voting Date: June 4, 2019 Department: Office of CAO or paper ballot during 2012 Municipal and School Board elections, the electronic option was the choice of 64% of voters.

In 2015 when Council voted not to implement evoting the main concerns were related to: voting without engagement, removing voters from the safe environment of polling stations, making it a casual activity, voters responding in the moment and being influenced by others at the time of their vote, potential security issues from hackers, residents had not requested a change, and the concern that the older generation were not comfortable with new technology.

In answer to those concerns with regard to engagement, this is an issue to be addressed outside of an evoting discussion. The table above shows the number of potential voters and the actual number of residents who voted in particular municipalities. There is no doubt that work needs to be done on a continuous basis to engage people in the voting process. Staff will work on an engagement plan for both voters and candidates that would be launched in January 2020 and involve articles, workshops, videos, etc. that focus on municipal governance.

The How-to of evoting:

• Internet voting is always offered along with a telephone voting option to ensure complete coverage of the electorate. In addition, kiosks can be set up at polling stations for individuals who either don’t have access to a computer, need assistance, or would like to maintain a traditional venue to cast their vote. • Each individual on the final list of electors receives a voter information letter containing instructions on how to cast their ballot and their electronic voting credentials (PIN). • After receiving the voter instruction letter voters connect to the voting website or call the 1-800 number. • The website offers a step by step process where you enter your personal identification number (PIN) in order to proceed. • The user sees an electronic ballot, one at a time – Mayor, Councillors, School Board, and the individual clicks on the box for their chosen candidate and submits their choice. Before that vote is cast a confirmation screen shows the candidate(s) that the individual chose. If this is not the correct list the individual can return to the ballot or vote now. • An individual can access their vote and make a change up until the close of the polls.

Technology Trends

• Security, when it comes to the internet, will always be a potential issue however as technology advances so does security software. The Intelivote Systems Inc., the provider of electronic voting software to other municipal units in Nova Scotia takes every precaution to ensure the safety and security of voters information and vote. • According to the 2016 General Social Survey (Canadians at Work and Home), Statistics Canada:

Request for Decision, Page 4 of 7 REQUEST FOR DECISION 031-2019 Electronic Voting Date: June 4, 2019 Department: Office of CAO

o 80 percent of individuals 16 years and older used the internet for personal use. o Overall, Canadian’s are experienced internet users with almost one half of users (47 percent) having been online for 10 years or more. o Seniors accounted for about one half (51 percent) of non-users. Nearly four in ten non- users (39 percent) came from households reporting low income. • Research shows that technology can remove some administrative barriers to the electoral process, especially for some groups of electors, including those with accessibility challenges and potentially youth.

Attitudes and E-Voting in Canada

• A Public Opinion Survey following the June 30, 2014 Federal by-elections found that ‘Among those aware of the by-elections and who reported not having voted, almost two thirds (65%) said that they would have voted if they had been able to vote on the internet using the Elections Canada website.’ 10% responded with a ‘maybe’ and 25% responded with a ‘no’. ‘Interest in voting online was strongest among those aged 18-34 (71%) and 35-54 (70%). Interest levels were also healthy amongst 55-64 year olds (59%). However only a minority of non-voters aged 65+ (27%) expressed interest in voting online • The positive impact of evoting on participation in elections has so far not been statistically substantiated. On the other hand, in all cases, electors took advantage of the option, and the Internet voting option has been retained for future elections. • In the 2017-2018 Annual Report of the Chief Electoral Officer, Elections Nova Scotia stated that ‘Ideally, the use of computer-based poll books for registration of electors will ensure the integrity of the process by reducing the incidence of human error and will improve efficiency at the polls. If successful, the CEO would recommend to the members of the Assembly, the use of such technology in all voting opportunities for the 42nd PGE.’ • Elections Nova Scotia Strategic Plan 2018 – 2023 recommends that they ‘provide internet voting for members of the Canadian Armed Forces stationed outside of the province’, ‘increasing the use of technology at early voting opportunities to improve the results reporting on election night’.

Benefits of e-voting

• Surveys on non-voters indicate that being too busy, out of town or ill/disabled is a reason that they did not vote. (Statistics Canada, 2013). Evoting allows voters to vote from anywhere- anytime. • Evoting could allow for greater privacy for special populations of electors especially those with disabilities, because they can vote unassisted and are afforded a greater degree of anonymity and autonomy when casting their ballot from home. • Evoting may be a method of engaging those voters who are considered the hardest to reach, particularly young people aged 18 to 30.

Request for Decision, Page 5 of 7 REQUEST FOR DECISION 031-2019 Electronic Voting Date: June 4, 2019 Department: Office of CAO

• The incremental financial cost to a voter casting an electronic ballot is less than that for an individual voting in-person after having taken time off work, travelling to a polling station and obtaining childcare and using printed material to cast their vote. • Over the long term, all types of internet voting have the potential to be less expensive to operate and execute than traditional paper ballots. There are financial benefits in joining other NS municipal units in purchasing the service of evoting through ‘bulk’ buying at a better rate. • Eliminates proxy votes and certificates of eligibility. • Results are available almost immediately. • No spoiled ballot issues, positive ballot confirmation. • Eliminates the need for an interim voters’ list to be used at physical polling stations on advance voting day. The voters’ list can be continuously updated.

Drawbacks and Risks

• Those opposed to evoting prominently cite security, threats of computer viruses or hackers, as the number one risk. • Problems with access to technology and the digital divide for those who have access and do not have access to a computer and those who have faster connections and those who have slower connections. • Evoting presents greater opportunity for fraud and coercion or vote-buying – i.e. someone voting on another’s behalf without their permission or pressuring others to vote in a way that he or she would not have otherwise. • Voter education that ensures public awareness of electronic voting and understanding and use of online systems are a concern. • Privatization is a concern when electoral administrators cede control to a hired firm and causes negative impact on public confidence. • The proliferation of electronic election services has the power to alter that nature of electoral participation by causing more electors to vote alone instead of at a polling place with others. • Although electronic voting may be more popular among committed voters it is not as trusted as traditional in-person voting options.

Although there are potential risks for evoting, staff believe that the benefits outweigh the risks. The success of evoting in 23 other Nova Scotia municipalities – no reported fraud or security risks – and the increasing trends in Canadian’s use and attitudes towards technology and evoting are evidence that moving forward with evoting for the 2020 municipal election would be beneficial. Wolfville can put their name forward to be included in the Bulk Purchasing Request for Proposals that is currently being prepared with potential benefits such as efficiencies, financial saving and opportunities for smaller municipal units to affordably provide e-voting, which means we could see more municipal units offering evoting in 2020.

Request for Decision, Page 6 of 7 REQUEST FOR DECISION 031-2019 Electronic Voting Date: June 4, 2019 Department: Office of CAO

7) FINANCIAL IMPLICATIONS In 2012 the Election cost the Town approximately $13,000 and in 2008 approximately $19,000; both elections used traditional methods of voting. The major difference in cost from 2008 and 2012 were honourariums and the use of legal services for a recount in 2008. In both years a member of Town staff was appointed as the returning officer and those costs were assumed by the Town as part of that employee’s regularly earned pay.

In 2016 the Election cost the Town approximately $15,600 plus $14,000 in human resource costs to employ a student for 6.5 months to work with the Returning Officer. The student worked predominantly on the Election, but also completed some non-election work for the Town including the development of the Councillor Orientation Program.

Based on information from the 2016 Municipal Election the cost of providing residents with an eVote was around $2.10 per voter, depending on the size of the municipal unit, which includes the cost of the letter sent to all electors with their personal identification number and mailing costs. The Wolfville Electoral list for 2016 Election was at 3656 people with 31.7% turning up to vote (1159). Up to date information on costs will be available once the next request for purchase is generated; the process is typically led by HRM.

If Council chooses to use both evoting and paper ballots the cost for the 2020 election would increase to cover evoting costs and additional human resource costs.

8) REFERENCES TO COUNCIL STRATEGIC PLAN AND TOWN REPORTS Strategic Direction #5: Efficient and Effective Leadership from a Committed and Responsive Executive and Administrative Team.

9) COMMUNICATION REQUIREMENTS Staff will include an educational component in the voter engagement plan to ensure that voters are aware that evoting will be used and know how to use it.

10) ALTERNATIVES • That Council proceeds with a combination of evoting and paper ballots.

DRAFT MOTION: That Town Council approve the development of a bylaw enabling voters to choose to either vote electronically in the 2020 municipal election, or to vote with the use of paper ballots.

• That Council proceeds with paper ballots only.

Request for Decision, Page 7 of 7 REQUEST FOR DECISION #038-2019 Mona Parsons statue and Post Office site. Date: 2019-06-18 Department: Parks and Recreation

SUMMARY

Post Office Site – Beautification and Streetscape Program

Parks and Recreation staff applied for grant funding under the provincial Beautification and Streetscape Program. The Town was successful with their application and was awarded $18,500 in grant funding to support the streetscape development of Post Office site – 407 Main Street. Additionally, the Wolfville Historical Society has grant money to contribute to the Mona Parsons site.

Currently, capital funding allows for spending of $20,000 at the Post Office Site and specifically for access and improvements to the lands in and around the Mona Parsons statue. This RFD is supporting a request to increase capital spending by the amount of the $18,500 grant and the $13,000 contribution from the Wolfville Historical Society to provide a working budget for landscaping and site improvements at the Post Office site to total $51,500.00.

DRAFT MOTIONS:

That Council approve increasing allocated capital spending to support green space and landscape access improvements at 407 Main street (Post Office site) from $20,000 to a maximum of $51,500. The increase in Town spending is the result of the addition of $18,500 in grant funding and a $13,000 contribution from the Wolfville Historical Society.

Request for Decision, Page 1 of 4 REQUEST FOR DECISION #038-2019 Mona Parsons statue and Post Office site. Date: 2019-06-18 Department: Parks and Recreation

1) CAO COMMENTS

The CAO supports the recommendation of staff.

2) LEGISLATIVE AUTHORITY

The Municipal Government Act Section 47 enables Council to make decisions in the exercise of its powers on behalf of the Municipality, which includes directing staff. Section 65(ag) of the Municipal Government Act enables the expenditure of funds for municipal recreational purposes.

3) STAFF RECOMMENDATION

As Draft Motion.

4) REFERENCES AND ATTACHMENTS

See draft site plan.

5) DISCUSSION The town is currently in final negotiations with the Canada Post Corporation to lease and maintain the green space at the Post Office (407 Main Street). The town realizes how important this space is to our citizens and visitors and has made previous investments in both the War Memorial Monument and Mona Parsons statue. The construction barriers currently in place in front of the monument are a distraction and repair work there must happen as soon as possible.

Specific improvements to the site include: replacing and reestablishing the hedge along main street, tree care and management within the site, lawns and plantings, main street access to the Mona Parsons statue, seating in and around the Mona Parsons site, repositioning of interpretive panel, redevelopment of garden at Mona Parsons site, redevelopment of walkway south of statue to ensure accessibility to the statue, redevelopment of the access from main street to the Monument, numerous repairs to concrete curb, repair of trip hazards, etc.

The Parks team takes great pride in their work and sees this space as another opportunity to showcase their work and attention to detail. The space will be transformed under their management.

The Mona Parsons Statue and interpretive panel is a proud accomplishment for the town and should present as a destination for visitors and citizens alike. Currently the site is un-accessible, and this is a major concern in terms of our accessibility plan - this is priority space.

Work on the Moan Parsons site must be completed by the end of the fiscal year.

Request for Decision, Page 2 of 4 REQUEST FOR DECISION #038-2019 Mona Parsons statue and Post Office site. Date: 2019-06-18 Department: Parks and Recreation

Parks and Recreation staff is asking you to consider the motion to adjust the budget of the project from the initial $20,000 (approved spending) to $51,500. The difference of $31,500 will be offset by a grant and the Wolfville Historical Society contribution.

6) FINANCIAL IMPLICATIONS Town of Wolfville approved $20,000 in capital funding as part of improvements at 407 Main Street (Mona Parsons Statue) for 2019/20. The addition of $18,500 in grant funding and the contribution of $13,000 from the Wolfville Historical Society will allow for more to be accomplished. Grant requirements are specific in that the town spending, at a minimum, must match the grant amount.

7) REFERENCES TO COUNCIL STRATEGIC PLAN AND TOWN REPORTS Council Strategic Principles:

a. Affordability: Grant funding contributes to project scope and affordability. b. Transparency: Budget process has been carried out through Council proceedings and all documentation is publicly available. c. Community Capacity Building: The Post Office site is central to the Main Street experience for both residents and visitors. It is home to both the Wolfville War Monument and the Mona Parsons statue. d. Discipline to Stay the Course: Creating opportunities for grant funding and collaborative investment in projects is fundamental to the Town’s Mission. e. United Front: Open space and supporting community engagement is specific to the Town’s Strategic Plan.

8) COMMUNICATION REQUIREMENTS Town staff will advise users of the site when construction will take place. If, requested the Parks and Recreation staff will meet with members of the Wolfville Historical Society to update on site plans.

9) ATTACHMENT

Request for Decision, Page 3 of 4 REQUEST FOR DECISION #038-2019 Mona Parsons statue and Post Office site. Date: 2019-06-18 Department: Parks and Recreation

10) ALTERNATIVES Council can also opt to not do this; however, this may not position the Town well in terms of future grant funding and does not address the important issues around accessibility.

Request for Decision, Page 4 of 4 REQUEST FOR DECISION #037-2019 East End Gateway – Beautification and Streetscape Program Date: 2019-06-18 Department: Parks and Recreation

SUMMARY

East End Gateway – Beautification and Streetscape Program

Parks and Recreation staff applied for grant funding under the provincial Beautification and Streetscape Program. The Town was successful with their application and was awarded $20,000 in grant funding to support the development of a Trailhead structure at the East End Gateway. Currently, capital funding allows for spending of $25,000 on the Trailhead and $100,000 on East End Gateway – Other Upgrades. This RFD is supporting a request to increase capital spending by the amount of the $20,000 grant and to provide the working budget for East End Gateway improvements to now total $145,000.00.

DRAFT MOTIONS:

That Council approve increasing allocated capital spending to support East End Gateway improvements, including the construction of a Trailhead structure, from $125,000 to a maximum of $145,000. The increase in Town spending is the result of the addition of $20,000 in grant funding.

Request for Decision, Page 1 of 3 REQUEST FOR DECISION #037-2019 East End Gateway – Beautification and Streetscape Program Date: 2019-06-18 Department: Parks and Recreation

1) CAO COMMENTS

The CAO supports the recommendations of staff.

2) LEGISLATIVE AUTHORITY

3) STAFF RECOMMENDATION

As Draft Motion.

4) REFERENCES AND ATTACHMENTS

None provided.

5) DISCUSSION The Town has made a commitment to develop the East End gateway, including the greenspace, and the connecting walkway from the Harvest Moon trail and main street. As part on this connection is the creation of a trailhead structure to both welcome people to the Harvest Moon trail but also to welcome those using the trail to Wolfville.

The trailhead will serve as both an interpretive center and key point of entry for trail users. Over the past number of years, public consultation on this project has provided support for this initiative.

It is the intentions of Town staff to incorporate the construction of the trailhead structure into required work in and around the basin at the site. Unfortunately, a lot of the spend will be on things like infrastructure repair, raising trail height, creating new accessible access to the trail, and parking spaces. With this, knowing we still need to build a trailhead as both our commitment to the town and the grant.

Work will begin as soon as engineering drawings have been signed off and construction tenders awarded.

Work on the trailhead must be completed by the end of the fiscal year. The addition of the grant money will improve the offering and allow for more work to be completed in 2019/20.

Parks and Recreation staff is asking you to consider the motion to adjust the budget of the project from the initial $125,000 (approved spending) to $145,000. This difference of $20,000 will be offset by the grant contribution.

6) FINANCIAL IMPLICATIONS

Request for Decision, Page 2 of 3 REQUEST FOR DECISION #037-2019 East End Gateway – Beautification and Streetscape Program Date: 2019-06-18 Department: Parks and Recreation

Town of Wolfville approved $125,000 in capital funding as part of the East End Gateway improvements for 2019/20. The addition of the $20,000 in grand funding will simply allow for additional project support. Grant requirements are specific in that the town spending, at a minimum, must match the grant amount.

7) REFERENCES TO COUNCIL STRATEGIC PLAN AND TOWN REPORTS Council Strategic Principles:

a. Affordability: Grant funding contributes to project scope and affordability. b. Transparency: Budget process has been carried out through Council proceedings and all documentation is publicly available. c. Community Capacity Building: East End Gateway improvements at the forefront of capital projects with the Parks and Recreation department. d. Discipline to Stay the Course: Creating opportunities for grant funding and collaborative investment in projects is fundamental to the Town’s Mission. e. United Front: Recreational space and supporting active lifestyles is specific to the Town’s Strategic Plan. f. Environmental Sustainability: Increasing the support and investment in trails supports the Town’s commitment to walkability.

8) COMMUNICATION REQUIREMENTS Town staff will advise users of the East End Gateway (trail and parking lot) when construction will take place.

9) ALTERNATIVES Council can also opt to not do this; however, this may not position the Town well in terms of future grant funding and does not support the Town’s commitment to the promotion and development of the East End Gateway.

Request for Decision, Page 3 of 3 REQUEST FOR DECISION 034-2019 Title: Kings Transit Authority 2019/20 Operating and Capital Budget Approval Date: 2019-06-04 Department: Finance

SUMMARY

Kings Transit Authority 2019/20 Operating and Capital Budget Approval

The Town of Wolfville is one of four municipalities that are signatory to an Inter-Municipal Service Agreement (IMSA) to provide public transportation services within the County of Kings. That agreement includes a mechanism setting out the terms for decisions as they relate to specific sections of the agreement. One of these decision points is the annual operating plan/budget.

Each year, the four participating municipal units vote on the KTA Budget as forwarded by the KTA Board. Depending on the year and circumstances, representatives from Kings Transit have presented their budget to individual Councils or a joint council session. Other years, no presentation has occurred by KTA representatives. Each year for the last few however, Wolfville Council receives a staff report on the budget with recommendation and analysis.

This year, the KTA budget would result in a 2% increase in the Town’s contribution to the Kings Transit Authority.

DRAFT MOTION:

That Council approve the Kings Transit Authority 2019/20 Operating and Capital Budgets with the following conditions:

• The Board direct staff to undertake a route review to determine ridership by specific route, including ridership volumes by time of day • That the Board consider route amendments, both distances travelled and frequency in order to bring fare/municipal contribution revenue ratio closer to 1:1 • That the Capital Budget be pursued only with confirmation of federal and provincial grant funding • That the Board develop a plan to address the Capital Reserve Fund overdraft position, beyond strictly replacing it with an Operating Reserve Fund • That the Board and/or IMSA partners update the cost sharing formula to reflect current populations and routes in the CORE service area

Request for Decision, Page 1 of 6 REQUEST FOR DECISION 034-2019 Title: Kings Transit Authority 2019/20 Operating and Capital Budget Approval Date: 2019-06-04 Department: Finance

1) CAO COMMENTS

The CAO supports the recommendations of staff.

2) LEGISLATIVE AUTHORITY

Kings Transit Authority Inter-Municipal Services Agreement, specifically section 7 (Decisions) and 15 (Operating Budget). Section 7, Decisions, notes:

As noted in the first sentence, budget approval is subject to a majority vote by the municipal partners.

3) STAFF RECOMMENDATION

Staff recommend approval of the 2019/20 budget, but with requested conditions related to improving the financial position of the Authority. The additional requests are consistent with similar notations to Council over past years, most recently in RFD 033-2018 included on the April 24, 2018 Special Council agenda.

4) REFERENCES AND ATTACHMENTS 1. 2019/20 KTA Budgets – attached 2. KTA Budget Presentation 3. Previous RFD’s related to KTA budgets o RFD 063-2018 – KTA Budget Approval – 2018/19 Budget o RFD 033-2018 – KTA Remuneration Cost Increase – 2018/19 o RFD 015-2018 – KTA Budget Approval – 2018/19 Budget o RFD 024-2017 – KTA Budget Approval – 2017/18 Budget o RFD 012-2016 – KTA Budget Approval o RFD 010-2011 – KTA Budget Approval

Request for Decision, Page 2 of 6 REQUEST FOR DECISION 034-2019 Title: Kings Transit Authority 2019/20 Operating and Capital Budget Approval Date: 2019-06-04 Department: Finance

5) DISCUSSION

Annually Town staff review the KTA budget to provide Council with key highlights (usually covered in the KTA Budget document itself) as well as other points to consider before deciding whether to approve the budget. During the 2018/19 fiscal year, staff presented 3 RFD’s to Council for consideration. A list of previous year RFD’s have been provided above for Council’s reference as many of the issues identified in previous years relate to the current budget submission.

With regard to the KTA Budget approved by the Board for member Council consideration, the following are keys to consider;

• Overall municipal contributions total $969,082 (operating and capital), an increase of 1.99% for operations and no increase for capital o Wolfville’s share is $133,362 operating and $12,000 capital, total of $145,362 o Wolfville’s budget had allowed for $142,700 o Muni contribution increase is greater than expected fare revenue increase • No actual results for previous year(s) are reflected in the budget document. This can be a useful point of reference and should become part of the annual budget info • Amendments to Management Fees billed to western service partners has occurred. This is consistent with requests from Wolfville Council in past years (see staff recommendations in previous year RFD’s) • The Capital Budget includes one major expenditure in 2019/20 and proposes 4 buses in Year 2. o Key assumption is Federal and provincial grant funding totaling $1.765 million in next two years. o Includes debt in year 2. This will result with increased operating costs in the year after the purchase to allow for principal and interest repayments. Unless bus repairs and maintenance drop by an equivalent amount, then cash outflows and municipal contributions will have to go up. o Capital budget also relies on Capital Reserve funding in 2019/20. As noted in RFD 033- 2018, there was a noted cash shortfall in the Capital Reserve, i.e. the funds have appeared to have been used for something other than capital. Therefore, the book balance of Capital Reserves may not in fact be available. Effectively there may be debt funding required to resolve this issue.

The Operating Budget provided by KTA includes notations beside the line items providing explanations of change in year over year budget figures. The detail review of these items should be part of the Boards review prior to approving budget for municipal consideration. At the municipal stage of the process, the Town’s focus should include

Request for Decision, Page 3 of 6 REQUEST FOR DECISION 034-2019 Title: Kings Transit Authority 2019/20 Operating and Capital Budget Approval Date: 2019-06-04 Department: Finance

• whether the budget estimates provided seem reasonable, i.e. probable that the Authority will end the fiscal year at break even or better • are there any trends that raise concern and could lead to increased requirement for municipal contributions • does the KTA budget requirement fit within the Town’s approved budget/reasonable cost for service provided

Are the budget estimates reasonable?

Revenues – appear reasonable and conservative. Modest increase in fare revenue, but that is based on small increase in fare revenue for fiscal 2018/19.

Expenses – there are a few that seem optimistic in comparison to draft results for last year. Examples would include Advertising and printing. The budget estimates are a fair bit below draft actual for 2018/19. Fuel once again looks to be tight, although the budget could be achieved based on last years actuals (slightly less than budget for CORE) and short term outlook for diesel pricing over the next year. Although the 2018/19 fuel expense for the CORE is slightly less than budget in dollars, the reason for the savings may have as much to do with more accurate allocation to western service partners than in budgeted pricing.

Generally the budget appears to be lean, i.e. it may be difficult to meet the budget targets and a deficit is certainly a possibility. It is not likely to be a large deficit, but a deficit nonetheless. This same assessment was noted in the approval process of the 2018/19 KTA budget (RFD 063-2018, page of that report). Early draft figures for KTA 2018/19 results show a CORE deficit of approximately $80,000. Wolfville’s share will be $12,000 if that preliminary result holds. Each time KTA has an actual deficit, the municipal units have to find the additional contribution from their overall internal operations. This issue also relates to the cash flow problem KTA is experiencing and the use of Capital Reserve funds to cover operating cash flow.

Are there trends that raise concern?

There are no specific new trends that are apparent from this budget, however there are trends previously reported to Council that appear to continue.

• Fare revenue/municipal contribution ratio.

Request for Decision, Page 4 of 6 REQUEST FOR DECISION 034-2019 Title: Kings Transit Authority 2019/20 Operating and Capital Budget Approval Date: 2019-06-04 Department: Finance

o As noted in RFD 033-2018 ( and previous years) the ratio was 1.3 a decade ago (fares being 1.3 times muni contributions). Current budget shows a ratio of 0.69 (fares now less than muni contribution). • Fare revenues have been basically flat over the last three years, despite the addition of the Belcher St route in fall 2016. Not only has there been no increase in revenues, revenues actually dropped. • Operating cash position has been supplemented by use of Capital Reserves, without appropriate accounting of how this has occurred. • Costs have escalated over the years faster than inflation by a significant margin. This would be during a period of time in recent years where fuel prices have been generally flat, and in some case price drops within a given year. • Populations have changed since KTA was started, and routes have changed/added. The cost sharing formula has not been adjusted to reflect this changing trend in potential transit users.

Does the KTA Budget requirement fit within Town Budget?

See section 6 below for dollar analysis.

As noted in past RFD’s, the municipal owners of KTA need to determine what the goal of the transit service is, and at what cost they are willing to provide that service. Transit is a service that relates to economic development (providing transportation to/from work), accessibility (providing an accessible mode of transportation), and environmentally sustainability (potentially taking cars off the road). It can also provide a social service by providing access to those without other means of transportation. Depending on one’s viewpoint, anyone of the above can be interpreted as meaning transit is a required service. If it is a required service, should it only be the municipal level of government that picks up the operational costs that exceed fare revenue? Should fares be increased to cover the cost of the service?

Over the last decade, the cost of transit, to the municipalities who own KTA, has escalated at a much faster rate than the Town’s general operating budget. These costs have been absorbed by Wolfville (and likely the other 3 muni units) by reductions in budgets for other services the Town provides.

What is the long term vision of the transit service? Consensus on this issue should assist the 4 CORE municipalities in dealing with funding the service. This issue is clearly bigger than the current budget to approve, and is the reason why the “conditions” have been added to the draft wording of the motion to approve.

Request for Decision, Page 5 of 6 REQUEST FOR DECISION 034-2019 Title: Kings Transit Authority 2019/20 Operating and Capital Budget Approval Date: 2019-06-04 Department: Finance

6) FINANCIAL IMPLICATIONS

Town’s approved budget includes $142,700 for Kings Transit costs. The KTA Board approved budget requires a contribution of $145,400. This variance is small and easily managed within the Town’s overall operation. No further action required.

7) REFERENCES TO COUNCIL STRATEGIC PLAN AND TOWN REPORTS

Nothing provided at this time.

8) COMMUNICATION REQUIREMENTS

Advise Kings Transit General Manager and Board of Council’s decision.

9) ALTERNATIVES

Not approve the budget. May or may not have an impact. Refer to IMSA regarding majority vote required for budget approval.

Of equal importance, if not more so for future budgets, is the resolution of cost per route, low ridership, and who pays, all of which are covered to some degree by the additional conditions included in the recommended motion. These issues have been ongoing for years and they cannot likely be resolved in one budget cycle.

Request for Decision, Page 6 of 6 Kings Transit Authority - Core Partners - 2019/20 Operating Budget

Revenues

Revenue From Own Sources Budget Budget % Inc/Dec Comments 2018/19 2019/20 4001 Fares $600,000 $610,000 1.67% Stretch goal based on improved results from 2018/19 4100 Advertising $34,800 $29,800 -14.37% Based on Contract ($2900 per month) - Core allocation 4115 Maritime Bus $7,600 $863 -88.64% Rent is $650 per month - notified of intention to vacate in early June 2019 4004 Miscellaneous Revenue $4,026 $664 -83.51% Allocated 4300 Interest Revenue $0 $996 N/A Allocated Total Revenue from Own Sources $646,426 $642,323 -0.63%

Sales of Services 4125 Management Fees $136,652 $143,539 5.04% Annapolis 25.6%, Digby 8% of shareable expenses 4120 Bus Rentals $1,000 $0 -100.00% Awaiting outcome of contracts 4405 Mechanic Revenue $60,000 $63,000 5.00% As charged out to Annapolis and Digby counties Total Sales of Services $197,652 $206,539 4.50% Sub total of own sources and service $844,078 $848,862 0.57%

Conditional Transfers

4210 Mun. Contribution - Operating $871,754 $889,082 1.99% See attached Fiscal Impact summary NS-TRIP Grant $0 $4,980 Allocated Age Friendly Community Grant $0 $10,358 New for 2019/20 - Allocated Transfer from Reserves $0 $0 0.00% Total Conditional Transfers $871,754 $904,420 3.75%

Total Revenues $1,715,832 $1,753,282 2.18%

Expenses

Administration

C:\Users\jprevost\Desktop\New folder (2)\8ai. RFD 034-2019 attach 1 KTA 2019-20 Operating Budget - CoreCore 1 2019-06-13 Kings Transit Authority - Core Partners - 2019/20 Operating Budget

5640 Wages $148,245 $162,244 -9.44% General Manager, Accounting Clerk, Customer Service Coordinator 5520 Benefits $28,069 $29,203 -4.04% RRSP, WCB, Medical etc., EI, CPP 5482 Professional Services $35,600 $10,000 71.91% Accounting Support contemplated as part of the implementation plan 5380 Travel $500 $3,000 -500.00% Mileage, CUTA Training 5483 Development & Training $1,000 $3,500 -250.00% Operator and CUTA Training 5170 CUTA Registration $2,960 $3,432 -15.95% Canadian Urban Transit Association Dues for 2019 5440 Communications $4,320 $3,566 17.45% Office Phones and Internet 5441 Answering Service $2,544 $2,780 -9.28% 5370 Meeting Expenses $1,500 $1,500 0.00% For Board and staff meetings. 5080 Advertising Exp. $6,000 $2,500 58.33% Employment and other advertising 5081 Marketing $0 $10,000 N/A Supported by the NS-TRIP Grant 5400 Office Supplies $5,000 $5,000 0.00% 5401 Printing $8,000 $6,000 25.00% Gradually reduced reliance on paper schedules 5120 Bank Charges $7,800 $6,000 23.08% Payroll direct deposit, electronic fund transfers, bank fees 5125 Interest Charges $0 $500 N/A Overdraft on Operating Account 5320 Legal and Audit $19,500 $17,000 12.82% Audit for 2018/19 Year End 5402 IT Services $2,760 $12,500 -352.90% Monthly MoK IT Charge, Sage and Vision Plus Licenses Total Administration Expenses $273,798 $278,725 -1.80%

Facility Expenses 5420 Repair & Maintenance $14,600 $14,000 -4.11% Building and Property Expenses 5419 Cleaning Expenses $4,800 $5,000 -4.17% Supplies only 5422 Power $12,000 $10,000 16.67% Savings realized via LED Upgrades 5423 Heat $7,500 $10,000 -33.33% 5421 Snow/Ice Clearing $8,000 $10,000 25.00% Increase based on experience of last winter Total Facility Expenses $46,900 $49,000 -4.48%

Operational Expenses 5640 Wages Drivers/Mechanics $683,822 $766,793 -12.13% Covers 10 Operators, 2 Supervisors, 2 Mechanics and one Maintenance Person. Based on actual service hours and vacation coverage. 5520 Benefits $123,789 $132,421 -6.97% RRSP, WCB, Medical etc., EI and CPP Bank Sick Time $24,000 $6,545 72.73% Based on calculations made during accounting engagement 5640 Wages - Age Friendly $0 $10,358 N/A New

C:\Users\jprevost\Desktop\New folder (2)\8ai. RFD 034-2019 attach 1 KTA 2019-20 Operating Budget - CoreCore 2 2019-06-13 Kings Transit Authority - Core Partners - 2019/20 Operating Budget

5220 Benefits - Age Friendly $0 $414 N/A New 5483 Development & Training $3,000 $3,000 0.00% WHMIS, First Aid 5175 Fees & Registrations $12,245 $12,758 -4.19% $33.10 for 8 buses plus Core share of DoubleMap Annual Fee 5440 Communications (Bus WiFi) $7,800 $4,567 41.45% 5442 Radios $8,610 $4,790 44.37% TMR2 monthly charges 5482 Professional Services $3,000 $1,846 38.47% Equipment calibrations and load testing. 5602 Tools $1,500 $1,231 17.93% $500 per mechanic plus breakage and shop tools 5600 Repair Maintenance Buses $170,000 $170,000 0.00% Aging bus fleet 5610 Fuel $250,750 $242,250 3.39% 285,000 litres * 0.85 plus additional gas for service truck 5280 Insurance $42,672 $48,966 -14.75% General Liability plus vehicles. Significant increase in premiums 5280 Tank Insurance $0 $2,000 N/A New 5285 Permits $4,122 $4,122 -0.01% 8 buses at $515.30 5630 Cleaning Buses $39,624 $0 100.00% In house Maintenance Person 5080 Advertising $665 5410 Signage Buses $1,500 $615 59.00% 5330 Uniforms drivers $3,500 $5,250 -50.00% $350 for Full Time Operators, $250 for Part Time 5165 Commission on Sales $12,200 $5,000 59.02% Ticket Agents and Advertising Coordinator 5486 Employee Awards $3,000 $1,966 34.47% Employee Recognition, Safety Awards Total Operational Expenses $1,395,134 $1,425,557 -2.18%

Total Expenses $1,715,832 $1,753,282 -2.18%

Surplus/Deficit $0 $0 N/A

C:\Users\jprevost\Desktop\New folder (2)\8ai. RFD 034-2019 attach 1 KTA 2019-20 Operating Budget - CoreCore 3 2019-06-13 Fiscal Impact The proposed budget increase of $17328 (1.99%) over the 2018/19 budget.

Breakdown Partner 2018/19 2019/20 Increase Percentage 5% Berwick $43,587 $44,454 $867 1.99% 15% Wolfville $130,763 $133,362 $2,599 1.99% 20% Kentville $174,352 $177,816 $3,464 1.99% 60% MoK $523,052 $533,449 $10,397 1.99% 100% Core 871,754 889,082 17,328 1.99% 969,082 Annual Capital Contribution

Core Partners contribute a combined total of $80,000 annually to the Kings Transits Capital account to be used for bus replacement, building upgrades and other Capital expenses as deemed necessary.

2018/19 Capital Contribution 2019/20 Capital Contribution Berwick 5% $4,000 Berwick 5% $4,000 Wolfville 15% $12,000 Wolfville 15% $12,000 Kentville 20% $16,000 Kentville 20% $16,000 MoK 60% $48,000 MoK 60% $48,000 100% $80,000 100% $80,000 Kings Transit Authority Proposed Capital Budget 2019/20 to 2027/2028 as of May 22nd, 2019

Funding 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028 Total

Federal - PTIF - Core 1,400,000 375,000 1,775,000 Federal - PTIF - Annapolis 350,000 200,000 550,000 Federal - PTIF - Digby 200,000 200,000 Provincial - PTAP - CORE 365,200 365,200 250,500 250,500 250,500 250,500 250,500 250,500 250,500 2,483,900 Provincial - PTAP - Annapolis 140,800 140,800 96,000 96,000 96,000 96,000 96,000 96,000 96,000 953,600 Provincial - PTAP - Digby 44,000 44,000 28,500 28,500 28,500 28,500 28,500 28,500 28,500 287,500 Municipal/Debt - CORE 80,000 571,461 80,000 80,000 80,000 80,000 80,000 80,000 80,000 1,211,461 Municipal/Debt - Annapolis 150,535 104,000 254,535 Municipal/Debt - Digby 281,257 127,500 408,757 Total funding 911,257 3,021,996 1,086,500 455,000 455,000 455,000 830,000 455,000 455,000 8,124,753

Year Capital purchases Model Purchased 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 2024/2024 2025/2026 2025/2026 2025/2026 2025/2026

Buses - CORE Bus 49 Vicinity 2014 400,000 400,000 Bus 51 New Flyer D40LF 2005 700,000 700,000 Bus 52 New Flyer D40LF 2005 700,000 700,000 Bus 53 New Flyer D40LF 2005 20,000 700,000 720,000 Bus 55 New Flyer D40LF 2005 700,000 700,000 Bus 59 Nova LFS/L581 2011 750,000 750,000 Bus 60 Eldorado EZ Rider 2017 - Bus 61 Eldorado EZ Rider 2017 - Buses - Annapolis - Bus 46 Vicinity 2014 400,000 400,000 Bus 56 New Flyer D40LF 2005 700,000 700,000 Bus 57 Eldorado EZ Rider 2007 400,000 400,000 Buses - Digby - Bus 50 Vicinity 2014 400,000 400,000 Bus 58 Eldorado EZ Rider 2007 400,000 400,000 Equipment - CORE 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 75,000 275,000 Equipment - Annapolis - - Equipment - Digby - - Buildings - CORE 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 225,000

Total purchases 1,270,000 3,550,000 850,000 50,000 50,000 50,000 800,000 50,000 100,000 6,770,000 Kings Transit Authority Proposed Capital Budget 2019/20 to 2027/2028 as of May 22nd, 2019

Funding 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028 Total

CORE Capital Account Opening Balance - Core 538,139 513,339 - 280,500 561,000 841,500 1,122,000 1,027,500 1,308,000 538,139 Plus Funding 445,200 2,336,661 330,500 330,500 330,500 330,500 705,500 330,500 330,500 5,470,361 Less Capital Purchases (470,000) (2,850,000) (50,000) (50,000) (50,000) (50,000) (800,000) (50,000) (100,000) (4,470,000) Closing Balance - Core 513,339 - 280,500 561,000 841,500 1,122,000 1,027,500 1,308,000 1,538,500 1,538,500

Annapolis Capital Account Opening Balance 317,865 58,665 - - 96,000 192,000 288,000 384,000 480,000 317,865 Plus Funding 140,800 641,335 400,000 96,000 96,000 96,000 96,000 96,000 96,000 1,758,135 Less Capital Purchases (400,000) (700,000) (400,000) ------(1,500,000) Closing Balance - Annapolis 58,665 - - 96,000 192,000 288,000 384,000 480,000 576,000 576,000

Digby Capital Account Opening Balance - Digby 74,743 - 44,000 - 28,500 57,000 85,500 114,000 142,500 74,743 Plus Funding 325,257 44,000 356,000 28,500 28,500 28,500 28,500 28,500 28,500 896,257 Less Capital Purchases (400,000) - (400,000) ------(800,000) Closing Balance - Digby - 44,000 - 28,500 57,000 85,500 114,000 142,500 171,000 171,000

Totals 930,747 572,004 44,000 280,500 685,500 1,090,500 1,495,500 1,525,500 1,930,500 930,747 911,257 3,021,996 1,086,500 455,000 455,000 455,000 830,000 455,000 455,000 8,124,753 (1,270,000) (3,550,000) (850,000) (50,000) (50,000) (50,000) (800,000) (50,000) (100,000) (6,770,000) 572,004 44,000 280,500 685,500 1,090,500 1,495,500 1,525,500 1,930,500 2,285,500 2,285,500

Capital Purchase Notes The Capital Budget assumes: Resolution/funding of the amount "Due To Capital" as outlined in the Kluska Report $500k of long-term debt or additional capital contribution from the Core owners in 2020/21, which cannot be Gas Tax funds because we are assuming PTIF funding for 50% $254k of capital contribution from Annapolis, split $150k in 2020/21 and $104k in 2021/22 Because we are assuming PTIF funds, Gas Tax cannot be used $408k of capital contribution from Digby, split $281k in 2019/20 and $127k in 2021/22. Gas tax could be used in 2019/20, but not in 2021/22 because we are assuming PTIF funds $175,000 of additional PTAP funds will be available for the 2019/20 and 2020/21 fiscal years PTIF2 (or ICIP: Public Transit) funding will be available at 50% of the capital cost of the five 40-foot buses in the 2020/21 fiscal year PTIF2 (or ICIP: Public Transit) funding will be available at 50% of the capital cost of the two 30-foot buses in the 2021/22 fiscal year (Annapolis & Digby) PTIF2 (or ICIP: Public Transit) funding will be available at 50% of the capital cost of the Core 40-foot bus in the 2025/26 fiscal year Total PTIF2 funding expected between 4/1/19 and 3/31/28 is approximately 1.67% of $289,589,324 or $4.8 million. The above budget assumes $2.5 million of PTIF funds, leaving the remaining $2.3 million available for expansion of service From: April Wallace Sent: May 21, 2019 9:08 AM To: Town Council Subject: Please forward to appropriate person.

Hello. Me again. Please forward to the best local family historian you know! I’ll be shoving off to england in a couple of weeks and am begging for one last out of the box deep dig into the Kings/Annapolis county records for one person...Joseph Jestings born @1776‐1777 in England. He married Anne Phinney in Cornwallis (then Kings county) in Jan. 1806; St. John’s Anglican Church, received a crown land grant in 1821 after his militia disbanded in 1816, is found under Joseph “Justine” in the 1827 Dalhousie return and raised his family in Bentville...later named Tupperville. He died in 1839 age 63 part of St. Luke’s parish but I haven’t found burial records/info.

I need a birth town! I’ll be wandering the libraries in England in June only on hunches that may prove to be unfruitful. Anything you can find to give me a clue as to where he was born would be amazing and I would happily donate to your favorite genealogical project or institution as a way of saying thank you.

Best to you, April Jestings‐Wallace

1 From: Devon Bailey Sent: May 29, 2019 8:10 PM To: Town Council Subject: Job Opportunies

Good evening,

My name is Devon Bailey. I have a friend named Jonathan Roberts who sustained a brain injury at the age of 2. He currently works at Walmart in New Minas in the grocery department of the store. Jonathan is a very hard worker and always gives 100% every time he attends work. He is a great young man. Jonathan is looking for more work as he is currently only getting 12 hours per week.

I worked with Jonathan for an agency named "Visions Employment" which is located in Mount Pearl, Newfoundland. I was Jonathan's Job Coach when he worked at Walmart in Mount Pearl.

I was wondering if there are any agencies similar to "Visions Employment” in Wolfville where Jonathan can get the opportunity to work with any employers in the town of Wolfville.

Thank you very much,

Devon Bailey

1 From: Chaiti Seth Sent: June 5, 2019 10:03 AM To: Town Council Cc: Alan Warner; Omar Bhimji Subject: Invitation to Green New Deal Town Hall, June 19th, 7 PM

Dear Town Council Members,

I am graduate student with the Department of Community Development at Acadia University and am helping organize a Town Hall on the Green New Deal on June 19th. I am writing to invite you to join us for this community conversation that strives for sustainable solutions to the interconnected environmental, social and economic concerns of our times. We are working to reach and include as many diverse voices in this conversation as we can and welcome you to both listen and participate in the dialogue.

We hope to see you there!

Chaiti

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ Join us for a community/regional town hall meeting to help shape the vision for a Green New Deal for Canada. The conversation is being led from the ground up, bringing together people from all walks of life to discuss a vision for a new economy for Canada: one that rapidly cuts greenhouse gas emissions, creates millions of green jobs, makes sure no one gets left behind, and sees the full implementation of the Truth and Reconciliation Commission recommendations. This will be a facilitated, participatory session focused on idea sharing and dialogue in small groups. The Dept. of Community Development, with support from the Town of Wolfville and a range of other groups and individuals is working to bring this event to life. This event is one of many Green New Deal town halls being held in communities across the country this spring.The input from these town halls will be used to inform a vision for a Green New Deal for all for Canada being put together by a national coalition of NGOs. For more information about the Green New Deal and to RSVP, see: https://act.greennewdealcanada.ca/town‐halls/wolfville‐nova‐scotia/ We need a diversity of voices in the room ‐ please invite your family, friends and colleagues to join the conversation! When: June 19th, Wednesday, 7 PM Where: Fountain Commons (Second Floor), Acadia University

Directions: It is the brick building in the middle of campus, straight up hill from the large white administration building. Enter on the downhill side. Building number 26 on Crowell Drive on the Acadia Campus map at: https://bit.ly/2QGwkrO Community members of all ages are encouraged to participate! The venue is accessible. If you need child care during the session, please email [email protected] no later than June 12th and include the ages and number of children. We will follow up with arrangements.

1 ‐

2 From: David Daniels Sent: June 3, 2019 11:47 AM To: Town Council Subject: 6 Prospect Ave Deelopment Agreement

Council Members:

Please accept the following questions and comments concerning the proposed development agreement at 6 Prospect St.

‐‐ The DA states at s. 5.1.3.1: "The Development shall conform to the zone standards of the Land Use By‐law, as established in Section 8.4 of the Municipal Planning Strategy except as otherwise established by this agreement."

Will the project meet all the requirements set out in s. 8.4 (Zone Standards) of the LUB? If not, should specifics be stated in the DA?

‐‐ Section 5.1.3.8 of the DA states: "The Development shall develop and maintain a total of seven (7) parking spaces, one of which is to be a Barrier Free Parking Stall." There is reference in the staff material that the developer will include an accessible unit in the building. I could not find a reference in the DA to a requirement that the building contain an accessible unit.

‐‐ Section 5.1.8.2 of the DA states: "All Development enabled by this Agreement shall be completed within three (3) years. Upon failure to meet this timing requirement, the Town may discharge this Development Agreement without the consent of the Developer or Tenant." Does this DA give the Town any control over the rights of any future tenants?

‐‐ Section 5.1.9.2 states: Following are matters in this Development Agreement which the Town and the Developer do not consider to be substantive: (a) The requirements for completion imposed by section 5.1.9.2. The reference to s. 5.1.9.2. in the text does not make sense.

‐‐ Section 227 of the MGA allows provisions for "security or performance bond" to be included in DAs. Why does this DA not contain such a provision?

‐‐ It appears that the parking lot behind the building will be accessed via an easement granted by the property at 2/4 Prospect St. If that is the case, then it would appear that the some alteration will have to be made to the backyard of 2/4 Prospect St. If 2/4 Prospect is subject to a DA, and if a landscape plan is part of the DA, will the DA and landscape plan for 2/4 Prospect St. have to be amended?

‐‐ New six unit buildings are not permitted in the medium density residential zone. Section 8.2.1 of the MPS states: "It shall be the policy of Council: 8.2.1 to designate as Medium Density Residential (MDR) the areas shown on Map 1‐ The Future Land Use Map. It is intended to include established areas where a mixture of dwelling types exist as well as land for future three and four unit residential development." (My underlining.) Is allowing a six unit building by reconfiguring/subdividing two lots reasonably consistent with the intent of the MPS?

Respectfully,

David A. Daniels

1 From: Teresa Drahos Sent: May 31, 2019 10:53 AM To: Wendy Donovan Cc: Erin Beaudin; Town Council Subject: Re: Every day

Let me be perfectly clear. The majority of the traffic and noise issues have nothing to do with construction but are part of the Church Breweries everyday operations. This issue was brought up repeatedly at the council meetings and in correspondences. We (the citizens of this town) were assured that you (the town) would take care of this.

So, take care of it! And, note that all if this is well documented.

On May 31, 2019, at 10:21 AM, Wendy Donovan wrote:

Good Morning Erin

I also have noticed considerable construction traffic although not experienced noise specifically. I note there has also been a lot of truck traffic related to other properties having landscaping and roofing work done this week that has likely acerbated the Brewery traffic. Can you provide an update on staff ongoing assessment of the issues to which Terry refers?

Thanks Wendy D

Wendy Donovan Councillor Town of Wolfville [email protected] https://wendydonovanwolfvillecouncil.com

On May 31, 2019, at 9:51 AM, Teresa Drahos wrote:

I have been home since Monday and every day the Church Brewery violates by laws both parking and noise. They are never fined or ticketed.

You said in council meetings that this would not happen.

Sent from my iPhone

1 Sent from my iPhone

1 From: Teresa Drahos Sent: June 10, 2019 7:57 AM To: Erin Beaudin; Devin Lake; Town Council Subject: Noice bylaw violation

Hello Erin,

Well the first beautiful week is here and as I said in March I would very much like to open my windows and sit outside just like everyone else. The noice from the Church Breweries Restaurant fan can be heard on every square inch of my nearly half acre property. Surely that is a noice bylaw violation. The town seems to be giving the Church Brewery a pass on these issues because they are “under construction” but that restaurant is NOT under construction but in full operation and has been for months. You can not have it both ways either you are under construction and not open or you are complete and open for business.

You, the planning department, and the town council assured me and the general public that all by laws would be adhered to and enforced. I spoke to you and Blair about this problem at length in March and reasonably asked that it be addressed by June.

The restaurant is not under construction but complete and the fan breaks the noice by laws. The town is obligated to solve this problem.

Terry Drahos

1 From: Karen Padovani Sent: June 11, 2019 6:25 PM To: Town Council Subject: Town Council - minutes of April 16, 2019 - Correction

Hello,

I am writing in regards to an error in the minutes of the April 16, 2019 meeting of Town Council, specifically the following from Agenda 9: Public Input / Question Period.

Karen Slater Padovani expressed concerns about the development agreement at 292 Main Street. While she think s the plan is fabulous, she asked why any plan was being approved before there was proper flood risk mitigation.

The inference from this statement is that I agree with the development at 292 Main Street. I do not. The phrase "thinks the plan is fabulous" refers to the Flood Mitigation Plan, not the development agreement. I do think that the Flood Mitigation Plan is a good initiative and I questioned why the development at 292 is being considered for approval prior to the completion of the Flood Mitigation Plan.

Could the minutes of the April meeting of Town Council be amended to accurately reflect my comments and question? I understand that these minutes have already been approved by Council. I am not sure of your process to correct errors in this situation but I do not wish the minutes to stand alone with the erroneous representation of my comments at the meeting.

With thanks, Karen

‐‐ Karen Slater Padovani

1 June 12, 2019

Dear Council Members:

Re: 6 Prospect St.

At the June 4, 2019 Committee of the Whole meeting, Councillor Donovan asked a number of questions. One of her questions was, to paraphrase: why did the proposed DA not have a clause requiring the proposed building to have an accessible unit?

Here is how Mr. Banks replied to Councillor Donovan’s question:

The National Building Code requires one every five to be accessible. So in this instance to ensure an accessible unit is created it does not have to be in the development agreement, but the National Building Code will not give them a building permit if he doesn’t have the unit.

Buildings in the Province are constructed in accordance with the Province’s Building Code regulations, not the National Building Code. The Province adopts and incorporates portions of the NBC in its Building Code. Significantly, one of the sections of the NBC

1 that is not adopted by the Province is the NBC section on “Accessibility.”

I have included relevant portion of the N.S. Building Code below:

1.1.1. Title, Repeals, and Effective Date

1.1.1.1. Title (1) These regulations may be cited as the Nova Scotia Building Code Regulations.

. . .

1.1.2. Adoptions

1.1.2.1. Nova Scotia Building Code (1) These regulations adopt the National Building Code of Canada, 2015, including all revisions, errata and corrections to errata made by that body on or before October 31, 2016, which together with these regulations shall be known as the “Nova Scotia Building Code” and may be referred to as the “Code”. . . .

2 3.1.1.10. Section 3.8. (Part 3, Division B) repealed and replaced.

Section 3.8. (Part 3, Division B) of the National Building Code of Canada is repealed and replaced with the Section 3.8. “Accessibility” in Schedule “C” attached to and part of these regulations.

As amended by Article 3.1.1.10. of these regulations, Section 3.8. Accessibility of the National Building Code is replaced with the following: . . .

3.8 Accessibility

3.8.1. Scope (See Appendix A-3.8.1., NSBCR)

3.8.1.1. Scope (1) This Section is concerned with the barrier-free design of buildings.

(2) Buildings required to be barrier-free in accordance with Subsection 3.8.2. shall be designed in accordance with Subsection 3.8.3.

------

3 Contrary to Mr. Banks’ claim, the Nova Scotia Building Code does not require one in every five units in a residential building to be accessible. (I could find nothing in the s. 3.8 “Accessibility” of the NBC that requires one every five dwellings units to be barrier-free.)

The requirement that a residential building in Nova Scotia have an accessible unit is triggered when a building contains four or more units. Once the number of units exceeds twenty or a part thereof an additional accessible unit is required. For example, 19 units require 1 accessible unit; 25 units require 2; and 47 units requires 3 accessible units.

(I confirmed the number of accessibility units required in residential buildings in Nova Scotia with Mr. Joe Rogers, the Provincial coordinator of building officials.)

3.8.2.1. Application and Exceptions

(1) The requirements of this Section apply to all buildings, except

(a) houses on their own lot, other than those houses used as roofed accommodation for not more than 10 persons including

4 the owner and the owner's family and that meet the requirements of Sentence (5),

(b) semi-detached, houses with secondary suites, duplexes, triplexes, townhouses, row houses, boarding houses, and rooming houses,

. . .

(6) Except as exempt by Clause 3.8.2.1.(1)(a), in care or residential occupancies of multiple suites, one unit conforming to Article 3.8.3.23. shall be provided for every 20 units or part thereof. (My emphasis.)

If Mr. Banks’s claim is accurate, then Micro Boutique, which I recall now has 70 units, would need to have 14 accessible units (70 units divided by 5).

------

I asked about including the accessible unit requirement in the DA in my email to you, dated June 3, 2019, because the DA contains a provision requiring one barrier free parking space. Section 5.1.3.8 of the draft DA states: "The Development shall develop and

5 maintain a total of seven (7) parking spaces, one of which is to be a Barrier Free Parking Stall."

If the barrier free parking space is required by the NBC (sic), and Mr. Banks claims that there is no need to include a requirement for an accessible unit because it is required by the NBC, then there should have been no reason to include the barrier free parking space in the DA.

My question really concerned a matter of consistency in drafting the DA.

------

Finally, if the N.S. Building Code requires the six unit building at 6 Prospect to contain one accessible unit, then what about the building at 2/4 Prospect St.? If the building located at 2/4 Prospect St. has four dwelling units and does not have an accessible unit, was it constructed in accordance with accessibility requirements of the Province’s Building Code?

Respectfully,

/s/

David A. Daniels

6 From: Mike MacLean Sent: June 12, 2019 11:29 AM To: Alliance Dental Wolfville; Kevin Kerr Cc: Town Council; sfriars Gmail; Jeremy Banks; Devin Lake Subject: RE: accessible parking curb

Hello Lynn,

Thank you for forwarding this information to our attention. Please note a representative from Alliance Dental had been in contact with the Town earlier this year with regard to this same issue. I provided a response on May 27th via email, and provide same to you here.

Hello Christine,

I should have reached out to update you prior to now, and thanks for contacting us again.

As the Accessibility Coordinator for the Town I have noted the curb cut issue you have raised. The Town’s operations plan for this this year includes a review/inventory of our downtown built environment as it relates to accessibility issues. What this means at this stage is:

 Town staff will be conducting a review of the downtown in the next couple of months to identify existing accessibility infrastructure (designated parking areas, curb cuts, public washrooms, etc).  Based on existing infrastructure, recommend changes to improve accessibility.  Once recommendations have been submitted to senior management, work will begin to address improvements in order of importance and budget dollars available.

The goal is to determine where accessible parking should be, which may or may not match where it is now, based on accessibility standards. We have not started to add curb cuts, as the intent is to identify the most appropriate locations first.

I will update you on the status of the work in the coming month so that you are aware of progress and any expected date for a curb cut. This is not meant to indicate that the designated spot will move, but rather the Town needs to first ensure designated spots are best located and then ensure proper size/curb cuts/traffic markings.

If you have any questions, or feedback, please feel free to contact me.

At the Town’s most recent Accessibility Advisory Committee meeting (this past Monday) we discussed the review of the downtown core area and the focus on parking (as noted above). I will be working with the Director of Planning and Jeremy in the coming week to coordinate the work outlined in the email above.

We will communicate with you the timing of any work, including curb cuts, once the overall core area has been reviewed.

Please feel free to contact me if you have any questions, otherwise I look forward to contacting you in the coming month with an update on our progress.

Regards, Mike MacLean

1 Mike MacLean Director of Financial Services p 902‐542‐4501 | f 902‐542‐4789 | e [email protected] 359 Main Street., Wolfville, NS B4P 1A1 wolfville.ca

DISCLAIMER: This email (and any attachments) is confidential, may be privileged, and is only for the use of the intended recipient. Other use is prohibited. If you have received this email in error, please notify us and delete this message. Thank you.

From: Alliance Dental Wolfville Sent: June 12, 2019 10:57 AM To: Kevin Kerr ; Mike MacLean Cc: Town Council ; Subject: accessible parking curb

Dear Mr. Kerr and Mr.Mclean,

My name is Lynn Hiltz and I am the manager here at Alliance Dental in Wolfville. I was speaking with Jeremy Banks regarding accessibility grants and when I mentioned that the accessible parking in front of the office here at 399 Main St. does not have the curb cut for access to the sidewalk he said I should let you know. I am working on getting an automated door opener installed for our office and having the curb cut for the parking spot would provide much better access for those that need it the most.

2 Kings Transit Authority

June 11th, 2019

Mayor and Council Town of Wolfville 359 Main Street Wolfville NS B4P 1A1

Your Worship and Council

Re: Matter Arising from Recent Accounting Engagement – Creation of an Operating Reserve

As you may be aware, the Kings Transit Authority recently engaged external accounting support in preparation for our year end audit and numerous issues with history dating back several years were revealed.

For the past five years, the Kings Transit Authority has been borrowing from its Capital Reserve Fund in order to cover:

 Operating deficits until they are paid by the Owners and the Service Partners;  Timing differences in the collection of receivables; and  Inventory purchases.

While borrowing from the Capital Reserve is permitted, the Municipal Government Act specifies that any borrowing must be approved by a resolution which specifies the interest rate and repayment terms.

As of March 31st, 2019, the balance of the loan from the Capital Reserve was approximately $267,000 (unaudited). It is estimated that $184,000 of the loan can be repaid on payment of the Owner Council and Service Partner shares of the 2018/19 operating deficit. There remains an additional $83,000 that must be funded by the Owner Councils.

A review of this matter has also illuminated a fundamental deficiency in the funding structure of the Authority. Historically, the Owner Councils and Service Partners have approved annual Operating Budgets and provided associated funding for the day to day operation of the service. The Owner Councils have also provided Capital Funding towards the purchase of buses and the maintenance of both related infrastructure and equipment. Unfortunately, an Operating

Glen Bannon, General Manager 29 Crescent Drive, New Minas NS B4N 3G7 Tel: (902) 678-7310 E-mail: [email protected] Website: www.kingstransit.ns.ca

Reserve for the Authority has not been established or funded, leaving no financial cushion to absorb timing differences in funding or receivables, and no funding support for the maintenance of inventory. At any time, the Authority maintains a bus parts inventory with an average value of $185,000 that is necessary for the reliable maintenance and operation of the bus fleet; it is the requirement to maintain this inventory that has created significant pressure in the past to draw on the Capital Reserves.

The immediate establishment of an Operating Reserve in the amount of 10% of own source revenues has been recommended; considering what is budgeted for FY 2019/20, this would equate to approximately $83,000. For the short term, this funding inject would cover the balance of the loan from the Capital Reserve; for the longer term, the Authority will be better placed to absorb financial shocks and fund its inventory needs.

In order to address the current situation and establish a sound foundation of funding for the Authority going forward, the Board of Directors of the Kings Transit Authority met on June 7th, 2019; six motions were approved as follows:

 That the Board of the Kings Transit Authority approve recommending to the Owner Councils to approve establishing an Operating Reserve of $83,000, to be funded during fiscal year 2019/20 in the same percentages as paragraph 14 of the 1 April 1999 Inter- municipal Services Agreement;  That the Board of the Kings Transit Authority approve recommending to the Owner Councils to approve the immediate use of $83,000 of the funds in the Operating Reserve to repay $83,000 of the loan from the Capital bank account to the Operating Bank Account;  That the Board of the Kings Transit Authority approve recommending to the Owner Councils to approve the existing $267,000 loan from the Capital Bank account to the Operating bank account with terms of repayment being: o $184,000 upon receipt of the 2018/19 deficit funding from Owners and Service Partners; o $83,000 upon receipt of the Owner contributions to an Operating Reserve; o With compound interest calculated monthly from April 1st, 2019 at prime plus 1.5% being the interest rate charged by the Valley Credit Union to the Authority on their line of credit;  That the Board of the Kings Transit Authority approve recommending to the Owner Councils to include provisions for an Operating Reserve in any future Inter-Municipal Service Agreement, including requirements for Board pre-approval of use of any subsequent owner contributions to the Operating Reserve;  That the Board of the Kings Transit Authority approve recommending to the owner Councils to affirm their approval of the $250,000 operating line of credit with the Valley Credit Union, to be used to cover temporary operating cash requirements during the

Glen Bannon, General Manager 29 Crescent Drive, New Minas NS B4N 3G7 Tel: (902) 678-7310 E-mail: [email protected] Website: www.kingstransit.ns.ca

year; and  That the Board of Kings Transit Authority direct that the General Manager consult with the Municipal Advisor to clarify any requirements for Ministerial approval of any of the above borrowing arrangements.

These approved motions by the Board of Directors are forwarded for your review and consideration. The Town of Wolville share of the $83,000 Operating Reserve payment is $12,450; if approved by Council, the Kings Transit Authority will invoice in accordance with the terms set out in the previous motions.

Please let me know if you require me to appear before Council for further discussion.

Respectfully,

Glen Bannon General Manager Kings Transit Authority

Glen Bannon, General Manager 29 Crescent Drive, New Minas NS B4N 3G7 Tel: (902) 678-7310 E-mail: [email protected] Website: www.kingstransit.ns.ca