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MUNICIPAL COUNCIL
AGENDA
Thursday, January 28, 2021 @ 8:45 a.m.
Via Facebook Live
Office Location: 151 King Street, Chester, NS
1. MEETING CALLED TO ORDER
2. APPROVAL OF AGENDA/ORDER OF BUSINESS
3. PUBLIC INPUT SESSION (8:45 a.m. to 9:00 a.m.)
4. MINUTES OF PREVIOUS MEETING
4.1 Council – January 14, 2021.
5. COMMITTEE REPORTS
5.1 Audit Committee (Motion Requiring Approval) – January 14, 2021 – Warden Webber.
5.2 Committee of the Whole – January 21, 2021 – Warden Webber.
a) Recommendations for approval by Council.
b) ICIP Report – Active Living Coordinator.
5.3 Committee of the Whole (receive Minutes only) – December 3, 2021 – Warden Webber.
5.4 Building Code & Unsightly Premises Committee – (Motion requiring approval) –
December 15, 2020 – Warden Webber.
5.5 Municipal Planning Advisory Committee – January 13, 2021 – Councillor Church:
a) Recommendations for approval by Council.
b) Application overview – Land Use By-Law Housekeeping Amendments Package
prepared by Garth Sturtevant, Senior Planner. (Requirement for a public hearing
date).
5.6 South Shore Public Library (verbal report) – Councillor Connors.
6. MATTERS ARISING:
6.1 Second/Final Notice – Repeal of Policy P-66 Fire Advisory Committee Terms of Reference
(the Committee no longer meets).
6.2 Second/Final Notice – Amendment to Policy P-85 Water Quality Monitoring Committee
(Mill Cove) Terms of Reference to change the position terms from one year to two years.
Page 2 of 2
6.3 Hospitality Policy:
a) Request for Decision prepared January 20, 2021 – Corporate and Strategic
Management - Hospitality Policy (MGA Review Requirement).
b) Draft Hospitality Policy P-100.
7. CORRESPONDENCE
8. PUBLIC PRESENTATIONS
8.1 Shanna Fredericks, Coastal Action regarding water quality testing at Bayswater.
a) Copy of correspondence dated December 29, 2020 from Minister of Environment in
response to Councillor Veinotte’s request to investigate the odour and organic
material at Bayswater Beach.
b) Email outlining issue at Bayswater Beach.
c) Water Quality Monitoring Report for Bayswater Pond and Bayswater Beach Provincial
Park.
d) Coastal Action PowerPoint – Bayswater Beach and Rafuse Cove.
9. NEW BUSINESS
10. IN CAMERA
11. ADJOURNMENT
APPOINTMENT
9:15 a.m. Shanna Fredericks, Coastal Action.
7
MUNICIPALITY OF THE DISTRICT OF CHESTER
Minutes of
COUNCIL MEETING
Via Facebook Live from 151 King Street, Chester, NS
On Thursday, January 14, 2021
MEETING CALLED TO ORDER
Warden Webber called the meeting to order at 8:52 a.m.
Present: District 1 – Councillor Veinotte District 2 – Deputy Warden Shatford
District 3 – Councillor Barkhouse District 4 – Warden Webber
District 5 – Councillor Assaff District 6 – Councillor Connors
District 7 – Councillor Church
Staff: Dan McDougall, CAO Tara Maguire, Deputy CAO
Pamela Myra, Municipal Clerk Jennifer Webber, Communications Officer
Solicitor: Samuel Lamey, Municipal Solicitor
APPROVAL OF AGENDA/ORDER OF BUSINESS
Additions:
Tip Fee Waiver Request from Integrity Haven – Warden Webber.
Update from Aspotogan Heritage Golf Course – Deputy Warden Shatford.
Dates for Meeting with Fire Services – CAO.
Dates for Planning Workshop – CAO.
Western Regional stakeholder package – Councillor Barkhouse.
Church Memorial Park Trustees Meeting – Councillor Church.
2021-003 MOVED by Councillor Assaff, SECONDED by Councillor Church the agenda and
order of business be approved as amended. ALL IN FAVOUR. MOTION CARRIED.
PUBLIC INPUT SESSION (8:45 a.m. to 9:00 a.m.)
There was no public input received.
MINUTES OF PREVIOUS MEETING
4.1 Council – December 17, 2020.
Council (continued) January 14, 2021 8
2021-004 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church the minutes
of the December 17, 2020 Council meeting be approved as circulated. ALL IN
FAVOUR. MOTION CARRIED.
COMMITTEE REPORTS
5.1 Lunenburg County Seniors’ Safety Program Update – December 2020 – Councillor
Connors.
Councillor Connors reported business as usual with staff continuing their work with measurable
differences being made. The Coordinator’s report was provided in the package.
5.2 Village Planning Advisory Committee – December 8, 2020 – Motion Listing for approval –
Councillor Barkhouse.
Councillor Barkhouse updated members on the recent meeting, noting that at some point the
Committee will require professional assistance and anticipates a request will come to Council.
2021-005 MOVED by Councillor Barkhouse, SECONDED by Councillor Church the
recommendations from the December 8, 2020 meeting of the Village Planning
Advisory Committee be approved as follows:
2020-557 – “… have the Senior Planner look into it (height) and bring back to the
committee what the implication would be in a favorable and unfavorable situation.”
2020-558 – “… request the Senior Planner think about what kind of study would be
most appropriate to guide the Committee in the formation of a Heritage precinct
and design controls and bring back an outline to the committee for discussion. ALL
IN FAVOR
ALL IN FAVOUR. MOTION CARRIED.
5.3 Church Memorial Park – Councillor Church.
Councillor Church reported on the December 21, 2020 meeting held regarding COVID-19
updates and impacts to rentals. She also provided a copy of the Financial Statements for the
fiscal year ending April 30, 2020 which shows a small surplus, however, that was prior to COVID-
19. They have more capital upgrades to complete, such as the sprinkler system and doors for
the rink area.
Council (continued) January 14, 2021 9
Councillor Veinotte asked if there was anything the Municipality could provide in the way of
assistance to the group for their website; it has not been updated in some time and it could
provide them with more media presence and things like on-line booking.
Warden Webber directed the CAO to discuss with staff to determine if there is any direction that
can be provided to Church Memorial Park regarding their website if they require assistance.
MATTERS ARISING
6.1 First Notice – Repeal of Policy P-66 Fire Advisory Committee Terms of Reference (the
Committee no longer meets).
2021-006 MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff that Council
conduct First Notice to Repeal Policy P-66 Fire Advisory Committee Terms of
Reference as the committee no longer meets years and forward to January 28, 2021
Council meeting Second/Final Notice. ALL IN FAVOUR. MOTION CARRIED.
6.2 First Notice – Amendment to Policy P-85 Water Quality Monitoring Committee (Mill
Cove) Terms of Reference to change the position terms from one year to two years.
2021-007 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that
Council conduct First Notice to Amend Policy P-85 Water Quality Monitoring
Committee (Mill Cove) Terms of Reference to change the position terms from one
year to two years and forward to January 28, 2021 Council meeting Second/Final
Notice. ALL IN FAVOUR. MOTION CARRIED.
CORRESPONDENCE
7.1 Copy of correspondence dated December 29, 2020 from Minister of Environment in
response to Councillor Veinotte’s request to investigate the odour and organic material
at Bayswater Beach.
Councillor Veinotte provided some background information on the issue of a strong odour and
bubbling sand at Bayswater Beach. He has meet with residents and forwarded correspondence
to determine if anything can be done. Other residents have also written for more information.
The concern is that it may be related to the aquaculture operation at Bayswater. He hopes, from
the information in the response from Department of Environment that something can be done.
It was also noted that Coastal Action will be making a presentation to Council on January 28
regarding testing carried out at Bayswater which Council supported. It was also noted that
testing information has been obtained from lifeguards who carried out testing at the beach as
well. It was also noted that the same phenomenon has been seen at other beaches.
Council (continued) January 14, 2021 10
PUBLIC PRESENTATIONS
8.1 Angela Henhoeffer, Lunenburg County Emergency Management Coordinator regarding:
a) Comfort Centres.
b) Emergency Shelters.
c) REMO Guide to Emergency Management for Elected Officials.
Angela Henhoeffer, Lunenburg County Emergency Management Coordinator provided some
background to the information provided and updated Council as per their previous request to
meet with comfort centre locations. Generally, the locations are prepared to sign the
Memorandum of Understanding (MOU); however, some others were concerned about wording
in the MOU. It was clarified that comfort centres can still operate without signing the MOU;
however, if they do open REMO is not able to promote their location. It was noted that open
locations can still be posted by the Municipality. Also discussed was uniform signage for
comfort centres.
Ms. Henhoeffer indicated that being included in the MOU would allow REMO to include
numbers for those comfort centres in requests of the province.
Councillor Connors and Councillor Assaff noted that their comfort centre locations are presently
not interested in signing the MOU for various reasons but did note that the groups would open
a centre if needed in the community.
Ms. Henhoeffer also wanted to assure Council that if a comfort centre is unable to open because
of the lack of resources, they are not required to open.
2021-008 MOVED by Councillor Barkhouse, SECONDED by Councillor Barkhouse that Council
accept the Comfort Centre Policy as presented by the Lunenburg County Emergency
Management Coordinator. ALL IN FAVOUR. MOTION CARRIED.
Ms. Henhoeffer clarified that Emergency Shelters are for emergency overnight shelter and they
are put into action by REMO with provincial assistance.
Ms. Henhoeffer also briefly reviewed the Lunenburg County REMO Guide to Emergency
Management for Elected Officials.
2021-009 MOVED by Councillor Barkhouse, SECONDED by Councillor Church that Council
approve the Lunenburg County REMO Guide to Emergency Management for Elected
Officials. ALL IN FAVOUR. ONE OPPOSED. MOTION CARRIED.
Ms. Henhoeffer outlined the pop-up COVID-19 testing that is being held at the Cineplex in
Bridgewater on January 16 and 17.
Council (continued) January 14, 2021 11
NEW BUSINESS
9.1 Request for Decision prepared January 5, 2021 – Economic Development – Development
of Kaizer Meadow Industrial Park.
Erin Lowe, Senior Economic Development Officer reviewed the Request for Decision prepared on
January 5, 2021 regarding development of the Kaizer Meadow Industrial Park site. The request is
to approve a proposed plan of work for the development of the park and give pre-budget
approval in the sum of $7,000 so that the Environmental Site Assessment (ESA) can be initiated.
The remaining project costs for the 2021/22 fiscal year will be included in the regular budget
approval process. The ESA is required to be included in the Atlantic Canada Site Selection
Program.
Councillor Veinotte noted that this has been a topic of discussion for some time which tells him
there is a will/desire to do the project. His concern is that Council has not discussed all projects
they wish to undertake during their term. This may a priority that is chosen but he is reluctant
to agree to a $200,000+ project at this time. Councillor Connors agreed, noting that the
Atlantic Canada Site Designation Program is new; there is time to wait for more discussion.
It was noted that the development of Kaizer Meadow has been a priority for some time and will
continue to be on the priority list until Council changes that list.
2021-010 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that Council
approve proposed plan of work for the development of the park and give pre-budget
approval in the sum of $7,000 so that the Environmental Site Assessment (ESA) can be
initiated. The remaining project costs for the 2021/22 fiscal year will be included in the
regular budget approval process.
DISCUSSION:
Councillor Veinotte agreed with the $7,000 expenditure but not the $200,000
expenditure.
Warden Webber and Deputy Warden Shatford noted that the remainder of the project
would require Council approval.
Councillor Assaff suggested carrying out the Environmental Site Assessment without
the remainder of the Option Suggested.
MOTION WITHDRAWN BY COUNCILLOR BARKHOUSE AND DEPUTY WARDEN
SHATFORD.
2021-011 MOVED by Councillor Assaff, SECONDED by Councillor Barkhouse that Council
approve a proposed plan of work for the development of the park and give pre-
budget approval in the sum of $7,000 so that the Environmental Site Assessment
Council (continued) January 14, 2021 12
(ESA) at Kaizer Meadow Landfill can be initiated as part of the steps to be included
in Atlantic Canada Site Selection Program. ALL IN FAVOUR. MOTION CARRIED.
A break was held from 9:51 a.m. to 10:00 a.m.
9.2 Request for Decision prepared January 8, 2021 – Corporate and Strategic Services – Year
End 2020 Safety Report and 2021 Work Plan.
Bruce Blackwood, Fire Services Coordinator, was in attendance to review the Year End 2020
Safety Report and 2021 Work Plan and reviewing the incidents that took place, WCB rate,
COVID-19 mitigation, training, etc.
Councillor Barkhouse indicated that the issue regarding drop offs at the public drop off at Kaizer
Meadow has been an issue for some time. She has been working with an engineer on a design
for the drop off location at the landfill.
The Fire Services Coordinator also outlined the 2021/22 Work Plan, which includes process
changes to sewer treatment plants, review of safe work practices, and continued training and
communication.
2021-012 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that Council
approve Option 1 outlined in the Request for Decision regarding Year End 2020
Safety Report and 2021 Work Plan. ALL IN FAVOUR. MOTION CARRIED.
9.3 Emergency Grant Funding – Community Development & Recreation Department.
Chad Haughn, Director of Community Development and Recreation was present to review the
Draft Emergency Grant Program Information, an extension of the program put in place at the
beginning of the COVID-19 Pandemic in 2020.
There was a lengthy discussion regarding what might be needed by groups with facilities and
groups without facilities. Also discussed were the many ways that groups adapted to the
COVID-19 limitations to raise funds; some were able to make great headway with projects
undertaken.
Also discussed was how to determine what organizations may require funding, what types of
organizations were eligible/not eligible, the amount of funding per month, and if the
organization has cash available in the bank. It was agreed that the program would begin on
January 1, 2021. There was discussion on whether fire departments would qualify, and it was
determined that fire departments have a mechanism to raise funds through their area rate – it
was agreed that fire departments would not qualify.
Council (continued) January 14, 2021 13
For organizations with facilities, it was agreed to run the program for five months (from January
1, 2021 to May 31, 2021), require a monthly application to be approved by Council, provide
funding up to $1,000 per month, and remove fire departments.
2021-013 MOVED by Councillor Church, SECONDED by Councillor Barkhouse that Council
approve the following funding criteria for Emergency Grant Funding for
organizations with facilities:
Run the program for five months (from January 1, 2021 to May 31, 2021);
Require a monthly application to be approved by Council;
Provide funding up to $1,000 per month; and
Remove Fire Departments.
SIX IN FAVOUR. ON OPPOSED
The Director of Community Development and Recreation outlined the information for groups
without facilities.
Following discussion regarding groups/organizations without facilities, it was agreed to run the
program for five months (from January 1, 2021 to May 31, 2021), require a monthly application
to be approved by Council, provide funding up to $500 per month, provide funding up to
$1,000 for new programs, and not include churches and fire departments.
2021-014 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that
Council approve the following funding criteria for Emergency Grant Funding for
organizations without facilities:
Run the program for five months (from January 1, 2021 to May 31, 2021);
Require a monthly application to be approved by Council;
Provide funding up to $500 per month or up to $1,000 per month for new
programs; and
Remove Churches and Fire Departments.
SIX IN FAVOUR. ONE OPPOSED. MOTION CARRIED.
2021-015 MOVED by Councillor Barkhouse, SECONDED by Councillor Church the meeting
adjourn until after the Audit Committee meeting. ALL IN FAVOUR. MOTION
CARRIED.
9.4 Request from Integrity Haven to accept some clothing at the landfill – Warden Webber.
Warden Webber outlined the request from Integrity Haven, a non-profit organization that
collects clothing to raise funds; however, due to the Pandemic they do not have anywhere to sell
the items which they estimate are about 50 tons. They are requesting that tipping fees be
waived. They have also indicated that they will try to give away as much as they are able.
Council (continued) January 14, 2021 14
Councillor Church suggested that they contact Bonny Lea Farm as they make wipers from
cotton.
2021-016 MOVED by Councillor Veinotte, SECONDED by Councillor Barkhouse that Council
approve waiving the tip fees for Integrity Haven and allow the delivery of clothing
to Kaizer Meadow Environmental Management Centre. ALL IN FAVOUR. MOTION
CARRIED.
9.5 Update from Aspotogan Ridge Golf Club – Deputy Warden Shatford.
Deputy Warden Shatford read a letter of thanks Kathryn Gamache, Aspotogan Heritage
Trust/Aspotogan Ridge Golf Club thanking Council for their support and providing an update on
the financial summary and economic impact for 2018, 2019, and 2020.
9.6 Dates for meeting with Fire Service – CAO.
With social distancing protocols in place, the meeting must contain no more than 25 people
with social distancing – two members from each department (1 fire department member and 1
fire commission member), the CAO, Deputy CAO, Fire Services Coordinator, and note taking staff
person. It was agreed to hold the meeting at 7:00 p.m. on February 1 (in person) with a second
date of Monday, January 25 via zoom.
9.7 Dates for next Planning Workshop – CAO.
The date for the Planning Workshop will be Tuesday, February 2nd from 2:00 pm to 4:30 pm.
With a location to be determined.
9.8 Western Regional Stakeholder package – Councillor Barkhouse.
Councillor Package reviewed the information previously provided to members of Council
requesting that they reach out to residents for input and ensure the information is forwarded.
Public Consultation was discussed, and it was felt that it could be suggested to the organization
that they find a method to engage the public.
9.9 Fire Contract Negotiations – Councillor Church
Staff indicated that they are working on the contract draft now and an internal committee will
meet to review the draft and then a meeting will be held with the Village Commission to begin
negotiations.
Council (continued) January 14, 2021 15
IN CAMERA
There were no “In Camera” items.
ADJOURNMENT
2021-017 MOVED by Deputy Warden Shatford, SECONDED by Councillor Veinotte the
meeting adjourn. (12:11 p.m.)
___________________________ ___________________________
Allen Webber Pamela Myra
Warden Municipal Clerk
MOTION REQUIRING APPROVAL OF COUNCIL FROM
JANUARY 14, 2021 AUDIT COMMITTEE MEETING
2021-018 APPROVAL OF AGENDA AND ORDER OF BUSINESS.
2021-019 APPROVAL OF JULY 9, 2020 AUDIT COMMITTEE MINUTES.
2021-020 APPROVAL OF AUDIT STRATEGY FOR 2020/21
MOVED by Councillor Barkhouse, SECONDED by Councillor Church that Council approve the
Audit Strategy as outlined by Grant Thornton for the 2020/21 Audit procedures. ALL IN
FAVOUR. MOTION CARRIED.
2021-021 ADJOURNMENT.
MOTIONS FROM JANUARY 21, 2021 COMMITTEE OF THE WHOLE
REQUIRING APPROVAL OF COUNCIL
2021-035 Approval of Agenda/Order of Business.
2021-036 Approval of December 3, 2020 Minutes.
2021-037 ADDITION OF PROJECTS TO ICIP APPLICATION
MOVED by Councillor Church, SECONDED by Deputy Warden Shatford that the Committee of the
Whole recommend the following two projects be added to the Investing in Canada Infrastructure
Program (ICIP) application previously submitted:
Paved Shoulders with the 2025 Paving Project from Chester Basin to Vaughan Road
($534,000); and
Gold River Bridge Repair ($1,954,000).
TWO OPPOSED. FIVE IN FAVOUR. MOTION APPROVED.
2021-038 APPROVAL OF REGION 6 BUDGET
MOVED by Councillor Church, SECONDED by Councillor Barkhouse that the Committee of the
Whole recommend to Council to approve the annual Region 6 Solid Waste-Resource
Management as outlined in the correspondence dated December 10, 2020 from Region 6 Solid
Waste-Resource Management; the Municipality of Chester’s share is 11.53% of the budget. ALL
IN FAVOUR. MOTION CARRIED.
2021-039 PURCHASE OF NEW D6 DOZER FROM TOROMONT CAT
MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that the Committee of
the Whole recommend to Council the purchase of a new D6Dozer with waste handling
equipment and trade in the existing D5 dozer at a total price of $468,203.00 plus HST from
Toromont CAT. ALL IN FAVOUR. MOTION CARRIED.
2021-040 Adjournment.
*Program title: Green Infrastructure Projects that Reduce Greenhouse Gas Emissions for Climate change Mitigation in Nova Scotia
REQUEST FOR DECISION
Prepared By: Gord Tate Date January 22, 2021
Reviewed By: Chad Haughn Date January 22, 2021
Authorized By: Dan McDougall Date January 22, 2021
CURRENT SITUATION
The Municipality of Chester’s submission to the Department of Energy and Mines (DEM) Call for Projects*
was submitted on September 9, 2020. Our submission has been looked upon favorably and DEM has
requested additional details for the projects in our package. Staff have reviewed and refined the original
budget estimates, and are finalizing the template documents to be submitted to DEM.
Through ongoing conversations with DEM and TIR since our original submission, we have learned the
following:
• There is still a window to add projects to the package before final review is conducted by the Province
and they send it to the Federal government for approval.
• Although there is no hard deadline to submit our final application, the first round of reviews by
provincial senior management will get underway within weeks and it may be advantageous to have
our application submitted in the first cycle.
• TIR has confirmed that the paving project from Chester Basin to Vaughn Rd (6km) has shifted from
2021 to 2022.
• TIR has alerted us that the paving project from Vaughn Rd. to Martins River (4.4km) is now in the TIR
5-year plan for 2025 (unofficially)
• DEM does require that we conduct a GHG Mitigation analysis. This is an eligible cost if the project is
funded but will not be reimbursed if it is not. Nevertheless, conducting this analysis will support our
Transition 2050 project.
• DEM has stated that the Gold River bridge repair may be an eligible project (awaiting final
confirmation).
• If the total project costs exceed a $10M threshold, we will also require a Climate Resilience analysis
(also an eligible cost) and will need to include Community Employment Benefit assessments in our
reporting.
• We were directed to remove the parks and open space projects that we included in the original
submission, but we have made the case that the connector trail on the Haughn property should
remain.
REPORT TO: Municipal Council
SUBMITTED BY: Gord Tate
DATE: January 28, 2021
SUBJECT: Infrastructure Funding
ORIGIN: Community Development and Recreation
2 Information Report
BACKGROUND
The initial project list that was submitted to DEM was approved by Council on September 3, 2020. Council
also incorporated those projects into the 5-year Capital Improvement Plan approved in December.
Staff brough to council the opportunity to add projects to the final application package at Committee of
the Whole on January 21, 2021. Based on that discussion, the final list of projects (table 1) to be included
in our application is given below.
DISCUSSION
Table 1. Final list of projects including the total project cost estimates, plus MOC’s contribution.
PROJECT TOTAL MOC at 27%
Paved Shoulders when TIR is repaving
1 Hwy 3 - Chester Basin to Western Shore (6km) -
scheduled 2022
$732,000 $197,640
2 Hwy 3 - Vaughn Rd to Martins River (4.4km) -
scheduled 2025
$534,000 $144,180
Sidewalks and Connector Trail
3 Hubbards-Hwy 329 to trail (60m) $94,000 $25,380
4 Chester Basin-Hwy 3 to Croft Road (265m) $272,000 $73,440
5 Chester-Our Health Centre to Pig Loop (160m) $171,000 $46,170
6 Chester-Duke St. to Victoria St. (660m) $641,000 $173,070
7 Chester-Victoria St. to trail (35m) $57,000 $15,390
8 Chester-Trail to Shore Mall (580m) $513,000 $138,510
9 Hubbards-Hwy 3 to Hubbards Sailing Club
(1200m) $1,046,000 $282,420
10 Hubbards-Fox Point Front Rd. (1000m) $845,000 $228,150
11 Western Shore-George Rd to Vaughn Rd.
(240m) $223,000 $60,210
12 Chester-Pig Loop Rd (1300m) $1,132,000 $305,640
13 New Ross-Forties Rd. to Fairgrounds (900m) $813,000 $219,510
14 Middle River-Haughn Property - Accessible
connector trail + trail consult $33,000 $8,910
Bridges
15 Chester-Highway 3 Multi-use trail bridge
construction at Walker Cut Rd.-Smith Rd $1,250,000 $337,500
16 Gold River-Gold River trail bridge repair $1,954,000 $527,580
Rectangular Rapid Flashing Beacons (RRFBs)
17 Hubbards-Hwy 329 at Hubbards Sailing Club $27,200 $7,344
18 Chester-Hwy 3 at Walker Cut Rd trail cross $27,200 $7,344
19 East River-Hwy 3 at East River trail cross $28,500 $7,695
20 Chester-at Old Trunk 3 trail cross (east) $27,200 $7,344
3 Information Report
21 Chester-at Old Trunk 3 trail cross (west) $27,200 $7,344
22 Chester-Hwy 3 at Pig Loop $29,800 $8,046
23 Martins River-Hwy 3 at trail cross $27,200 $7,344
24 Western Shore-Hwy 3 at Lawrence Hatt Rd. $28,500 $7,695
25 New Ross-Hwy 12 at Forties Rd. $29,800 $8,046
26 Chester Basin-Hwy 3 at hwy 12 $28,500 $7,695
27 New Ross-Hwy 12 at school connector $27,200 $7,344
Analysis
GHG Mitigation analysis consultant $15,000 $4,050
Climate Resilience analysis consultant $15,000 $4,050
TOTALS
$10,648,300 $2,875,041
IMPLICATIONS
Policy
N/A
Financial/Budgetary
Gas tax funding is not eligible as the municipal contribution under the stacking guidelines of the
programs. Therefore, the municipal contribution (27%) will need to be allocated from reserves. The cash
flow forecast (table 2), which is based on a draft project schedule, shown here demonstrates that
spending will fluctuate through the project lifespan. The draft project schedule is appended.
Table 2. Cash Flow forecast
Year Total project costs this year MOC Contribution at 27%
2021 $708,700 $191,349
2022 $3,442,400 $929,448
2023 $1,975,200 $533,304
2024 $570,000 $153,900
2025 $3,139,000 $847,530
2026 $813,000 $219,510
The funding formula for this stream is 40% federal; 33% provincial; and 27% municipal. This is a claims-
based program so MOC will need to manage cash flow . It is important to pay attention to the total
projects cost as MOC will need to pay the upfront cost s, and then be reimbursed to federal/provincial
73% contribution. Project acceleration is permissible, but MOC may need to carry the debt. Project
slippage does carry the risk that DEM does not hold our allotted funds.
The Director of Finance has reviewed the project plan and cash flow forecast and is comfortable with both.
4 Information Report
Environmental
Not applicable at this stage. Environmental considerations will be made when engineering and design
work is completed for each project.
Strategic Plan
Continually improve public satisfaction with municipal services.
Ensure sufficient infrastructure is available to best serve our residents and businesses.
Promote conditions conducive to fostering economic prosperity .
Work Program Implications
If successful, coordination of the projects over several years will need to be accommodated in staff
workplans.
The Infrastructure and Operations staff have contributed to this application and they are comfortable with
their capacity to execute the plan. All projects must be completed by October 2027.
Has Legal review been completed? ___ Yes _x_ No _ _ N/A
OPTIONS
Option A – Direct staff to submit all projects listed here in the final application to DEM. The CIP will be
amended to reflect to final project list. A MOTION of Council acknowledging the acceptance of the final
total project budget is required.
Option B – Support selected projects.
Option C – Do not support.
ATTACHMENTS
none
COMMUNICATIONS (INTERNAL/EXTERNAL)
*Program title: Green Infrastructure Projects that Reduce Greenhouse Gas Emissions for Climate change Mitigation in Nova Scotia
MOTION REQUIRING APPROVAL OF COUNCIL FROM
DECEMBER 15, 2020 MEETING OF BUILDING CODE & UNSIGHTLY PREMISES
COMMITTEE
2020-560 Approval of previous minutes
2020-561 DEMOLITION OF VACANT PROPERTY
MOVED by Councillor Connors, SECONDED by Deputy Warden Shatford the Building
Code and Unsightly Premises Committee recommend to Council a 7 Day Order be
issued to demolish the vacant unsecured structure (formerly a Church) to the property
owner (United Gospel Mission) of 1666 Beech Hill Road, Beech Hill, Lunenburg County,
PID 60160249. MOTION CARRIED.
2020-562 7 Day Order
2020-563 Adjournment
MOTIONS REQUIRING APPROVAL OF COUNCIL FROM
MUNICIPAL PLANNING ADVISORY COMMITTEE – JANUARY 13, 2021
2021-022 Appointment of Chair – Hassen Hammond
MOVED by Hugh Harper, SECONDED by Councillor Sharon Church to appoint Hassen Hammond as Chair.
CARRIED
2021-023 Appointment of Vice Chair – Lee Harnish
MOVED by Councillor Danielle Barkhouse, SECONDED by Councillor Sharon Church to appoint Lee Harnish
as Vice Chair. CARRIED
2021-024 Separation of Motions for Voting
MOVED by Lee Harnish, SECONDED by Hugh Harper recommend to Council to separate the package of
amendments, and vote on each separately. MOTION CARRIED with 5 in favour and 1 abstaining.
2021-025 REMOVE 4.1.9 B – TO ALLOW ACCESSORY STRUCTURES TO BE CONSTRUCTED IN THE FRONT
YARD
MOVED by Lee Harnish, SECONDED by Hugh Harper to recommend to Council to remove 4.1.9 b) of the
General Provisions in the Municipal Land Use By-Law to allow accessory structures to be constructed in
the front yard. MOTION CARRIED.
2021-026 CLARIFY ACCESSORY STRUCTURES, SMALL ACCESSORY STRUCTURES AND MINOR
STRUCTURES ARE NOT PERMITTED TO BE CONSTRUCTED WITHIN 1.5 M OF A MAIN
BUILDING …
MOVED by Hugh Harper, SECONDED by Margeson Reeves to recommend to Council to accept 1(b) to
clarify that accessory structures, small accessory structures and minor accessory structures are not
permitted to be to be constructed within 1.5 m of a main building or structure, excluding signs, except
that a fence or retaining wall main join accessory structures with a main building. MOTION CARRIED with
1 contrary- minded.
2021-027 ADD “ACCESSORY STRUCTURES RELATED TO AN EXISTING GOLF COURSE” BE PERMITTED
MOVED by Carol Nauss, SECONDED by Hugh Harper to recommend to Council to add “Accessory
Structures related to an Existing Golf Course” be a permitted use. MOTION CARRIED.
2021-028 ADD DEFINITION FOR “LANDLOCKED LOT” AND CLARIFICATION FOR A FRONT LOT LINE
MOVED by Hugh Harper, SECONDED by Councillor Sharon Church to recommend to Council to add the
definition for a “Landlocked Lot” and the clarification for a front lot line. MOTION CARRIED.
2021-029 ADDITION OF TOURIST HOMES TO MUNICIPAL LAND USE BY-LAW
MOVED by Hugh Harper, SECONDED by Leslie Taylor to recommend to Council to add the definition for
“Tourist Homes” to the Municipal Land Use By-Law. MOTION CARRIED.
2021-030 APPROVAL OF AMENDMENTS 4(a), (b), (c), and (d).
MOVED by Hugh Harper, SECONDED by Leslie Taylor to recommend to Council approve amendments
4(a), (b), (c), and (d). MOTION CARRIED.
2021-031 CONSIDERATION OF CHANGES TO SETBACKS AND VEGETATED BUFFERS TO INCLUDE SINGLE
COTTAGES AND NOT JUST LARGE DEVELOPMENTS
MOVED by Hugh Harper, SECONDED by Margeson Reeves recommend to Council to consider changes to
tweak the Land Use By-Law so environmental setbacks and vegetated buffers also include single cottages
not just large Developments. MOTION CARRIED.
2021-032 ADJOURNMENT
Municipality of the District of Chester
Community Development Department
Application Overview
Prepared for: Municipal Council
Submitted by: Garth Sturtevant, Senior Planner
Date: January 28, 2021
Subject: Land Use By-law Housekeeping Amendments Package
APPLICANT No applicant, file originated as a staff recommendation to Council
PROPOSAL Land Use By-law Housekeeping Amendments Package: including
changes to allow accessory structures to be placed in the Front Yard,
additionally, the package includes several minor amendments such as
corrections to section references within the document.
LO CATION N/A - The amendments within this package are general to the entire
Municipality outside of Chester Village.
LOT SIZE N/A
DESIGNATION N/A
ZONE N/A
SURROUNDING USES N/A
NEIGHBOUR NOTIFICATION Not required as the amendments within this package are general to
the entire Municipality outside of Chester Village.
Recommendation
Staff recommend Option 1:
That Municipal Council give 1st reading to the package of nine Land Use By-law amendments,
attached as Appendix A and further set a date for a Public Hearing for February 25th, 2021
beginning at 8:45am.
Background
With the Municipality approaching one year since the adoption of the new Municipal Planning
Strategy and Land Use By-law, staff have identified several amendments to improve the clarity and
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Land Use By-law Housekeeping Amendments Package January 28, 2021
administration of the By-law. The changes identified in this report are generally minor in nature and
can be accomplished without amendments to the policies contained in the Municipal Planning
Strategy.
While the specific changes were not possible to predict, the reVISION Plan Review process
anticipated the likelihood that within approximately one year of adoption, amendments would be
required to ensure the intent of the documents was being carried out and to address any errors or
difficulties as the regulations began to be administered.
The specific amendments proposed are detailed in the Discussion section of this report and the draft
amendments are attached as Appendix A.
Subject Properties
The proposed amendments to the Land Use By-law are general in nature and do not relate to a specific
property.
Discussion – Considerations
1) Amendments to regulations on Accessory Structures at Section 4.1.9 as follows:
a. The new Municipal Planning Strategy and Land Use By-law came into effect on January 9,
2020. As development and construction projects have been undertaken for the 2020 season,
it has become apparent that a provision requiring accessory structures be located only in the
side or rear yards on a lot is impractical in many situations. Further, there does not appear to
be a significant concern or call for enforcing this specific regulation in rural parts of the
Municipality.
There are no supporting policies contained in the Municipal Planning Strategy (MPS) that
lend weight to maintaining this provision. Throughout the reVISION Plan Review process the
draft planning documents were continuously edited, resulting in several drafts being
produced. A series of provisions proposed in early drafts but subsequently removed due to
discussions with the Citizen’s Planning Advisory Committee, Council and the public contained
regulations on architectural controls, signage, and the location of on-site parking. These
provisions were all removed after being deemed unnecessary and over regulatory for most of
the rural Municipality. Section 4.1.9 b) of the General Provisions (page 44) is a remnant of
these provisions which was not identified during the reVISION review for removal. Since
adoption of the documents, it has become apparent to staff that the documents would be
benefited by its removal.
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To date the Development Officer has issued nine variances to allow construction of an
accessory structure within the front yard of a lot. The Development Officer relies in part on
Municipal Planning Strategy (MPS) policies when considering whether a variance is granted.
With no supporting policies in the MPS, there has generally been little cause to reject a
variance request of this nature. The number of requests and issued variances related to this
provision contributes to the reasoning that the provision should be removed from the Land
Use By-law to allow accessory structures to be in the Front Yard of a lot.
Section 4.1.9 b) of the General Provisions (page 44) requires that accessory structures be
located only in a side or rear yard, which if often found in the regulations in more densely
populated areas.
Typically consisting of small lots, where homes and buildings are orientated to face the
street. The intent behind this and similar provisions is to maintain a visual aesthetic with
Figure 1 – Excerpt from the Municipal Land Use By-law General Provisions Section. Highlighted
text is the topic of this report and discussion for potential amendments.
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homes facing the street and garages, sheds and other accessory structures being located on
the side, or in the rear of the lot.
The Land Use By-law defines the Front Yard as:
A yard extending across the full width of a lot between the front lot line and the nearest main wall
of any building or structure on the lot, and minimum front yard means the minimum depth of a
front yard between the front lot line and the main wall of any building or structure.
The proposed amendments are attached to this report as Appendix A.
b. Clarify that accessory structures, small accessory structures and minor accessory structures
are not permitted to be constructed within 1.5 m of a main building or structure, excluding
signs, except that a fence or retaining wall main join accessory structures with a main
building. This provision was included in the withdrawn Land Use By-law and distinguishes
those structures which are attached from those which are detached.
2) List “Existing Golf Courses” as permitted use within the NCDD Zone
The second amendment proposed with this package is a minor addition to the Land Use By-law to
add “Accessory Structures related to Existing Golf Courses” as a permitted use within the
Neighbourhood Comprehensive Development District (NCDD) Zone. The reason for this addition is
to permit the existing golf course in Mill Cove, Aspotogan Ridge, to construct accessory structures
without triggering the requirements for a Development Agreement. The golf course itself was in
Figure 3 - from the Municipal Land Use By-
law identifying various Lot Lines on a
property
Figure 3 - from the Municipal Land Use By-law
identifying the Front Yard on a lot
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place and operational at the time the zone was implemented, and this addition would allow the
course to construct structures which are accessory to the main use. This could include clubhouse
facilities and storage structures, which without this change, would require approval of a development
agreement. This change will not permit the expansion of the golf course beyond its current
boundaries or for the addition of holes or additional courses. Any such changes to the main use will
require a Development Agreement. The proposed amendments are contained in Appendix A.
3) Amendments to Land Use By-law Definitions:
Two of the proposed amendments included with this package involve changes or additions to the
Definitions Section of the Municipal Land Use By-law:
a. Add definition to the Land
Use By-law to define a
“landlocked lot” that has no
frontage on a public street
but is intersected by a
private road. This situation
occurs with regularity in rural
parts of the Municipality and
currently is undefined by the
Land Use By-law. The
definitions for Lot Lines and
Yards do not consider this
scenario, resulting in the
inability to define the Front
Lot Line in some situations.
In cases with two or more
main structures on a lot and
differing building
orientations, the By-law currently does not provide a mechanism to define the Front Lot Line.
The Land Use By-law contains definitions for other types of lots and the proposed
amendment would add a new definition to provide guidance for these scenarios.
b. Add definition to the Land Use By-law for “tourist homes”. The addition will clarify that short-
term rentals are considered as a commercial use which is taking place within a residential unit
(residential structure used in a Commercial capacity). Council chose not to regulate this land
use during the reVISION Plan Review process. This change will clarify that a tourist home is a
Figure 4 - an example of lots that do not have frontage or abut a public
street, but instead are intersected by a private road. The Land Use By-
law does not currently provide a clear mechanism to determine the
Front Lot Line in this and similar scenarios.
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commercial use taking place within a residential dwelling unit. This amendment will prevent
an argument from being made that a tourist home is purely a commercial use and therefore
should not count toward the total number of residential dwellings permitted on the lot.
4) Additional Minor Amendments:
The remaining amendments listed below do not fall into a particular category, but are minor in
nature as described:
a. Land Use By-law Section 4.7.3 incorrectly references Sections 4.3.1 and 4.3.2. Section 4.7.3 will
be amended to correctly refer to Sections 4.7.1 and 4.7.2;
b. Land Use By-law Section 6.3.5 incorrectly references Section 6.2.3. This will be corrected to
reference Section 6.3.4;
c. Land Use By-law Section 4.28.1 c) replace existing text to correctly state that small accessory
structures, fire fighting impoundments and structures related to water systems are permitted
to be located within the Lakefront Overlay;
d. Land Use By-law General Provision 4.25 Places of Worship is currently not in alphabetical
order. This clause will be moved to 4.17 and other clauses will be renumbered so the section
is alphabetized.
Please note that while presented for adoption as a package, should Council or the Committee wish, it
is possible to separate a particular amendment to be voted on as a separate item.
Policy Analysis
Policy Analysis
Policy A-27
When considering amendments to a land use by-
law or a subdivision by-law, Council shall consider
the following:
a) that the amendment meets the intent of the
Municipal Planning Strategy and the intent of any
relevant Secondary Planning Strategies;
The draft amendments do not conflict with
or require any Municipal Planning Strategy
policy changes.
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b) that the amendment conforms to all
relevant Municipal By-laws;
Yes
c) that the applicable public consultation
program has been followed and residents’ opinions
have been carefully considered;
Yes, this file will follow the standard process
for public engagement for Land Use By-law
Amendments which are general in nature.
No direct neighbour notification is required
as the amendments affect the entire area
covered by the Municipal Land Use By-law.
A Public Information Meeting will be held
prior to the file being considered by the
Municipal Planning Advisory Committee.
Notice of the Public Hearing will be
advertised in the Progress Bulletin, on the
Municipal Website and posted on Municipal
Office doors.
d) that the amendment is in the best interest
of the Municipality.
Yes, the proposed amendments have been
identified by staff during the first year of
the new planning documents being
effective. The proposed amendments will
improve the quality of the documents and
provide greater clarity in the situations
described in this report.
Policy A-28
When evaluating a rezoning application, Council
shall consider other potential developments and
uses that may be permitted as a result of a
proposed zone change.
Not Applicable. The draft amendments do
not involve a rezoning.
Policy A-29
Applications for a Land Use By-law amendment
shall show:
a) the location, area, and dimensions of the
subject property;
The proposed amendments are general in
nature and apply to the entire Municipality
except for the area covered by the Chester
Village Secondary Planning Strategy and
Land Use By-law.
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b) the proposed location, dimensions, height,
and proposed use of all buildings;
Not Applicable.
c) the means by which the site is to be
serviced by sanitary and storm sewers, water,
electrical service and other utilities;
Not Applicable.
d) the location of any parking stalls, driveways,
walkways, lighting, fencing, refuse containers, and
snow storage;
Not Applicable.
e) landscaping elements including existing and
proposed shrubs and trees;
Not Applicable.
f) architectural features where such features
are regulated by the planning document;
Not Applicable.
g) additional reports or environmental studies
as requested by the Municipality.
Not Required.
Policy A-30
When considering amendments to the Land Use
By-law, Council shall be satisfied that the proposal
is appropriate with respect to:
a) compatibility of the proposed land uses
permitted within the proposed zone;
The proposed amendments are general in
nature and apply to the entire Municipality
except for the area covered by the Chester
Village Secondary Planning Strategy and
Land Use By-law. The only land use change
is to list “Accessory Structures related to
Existing Golf Courses” within the NCDD
Zone. In this case, the golf course is already
operating, and this change will simply allow
the construction of accessory structures.
Therefore, this policy is satisfied.
b) compatibility of the development, and
potential developments, with adjacent properties in
terms of size, lot coverage and density;
Not Applicable.
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c) potential compatibility issues with nearby
land uses resulting from lighting, signage, outdoor
display and storage, traffic, vehicle headlights, and
noise;
Not Applicable.
d) the adequacy of sewer services, water
services, waste management services and
stormwater management practices;
Not Applicable.
e) efficient use of existing and new municipal
infrastructure;
Not Applicable.
f) proximity to and impact on heritage sites
and archaeological sites;
Not Applicable.
g) the proximity and capacity of schools; Not Applicable.
h) the adequacy and proximity of recreation
and facilities;
Not Applicable.
i) the adequacy of the road network in,
adjacent to, or leading to the development;
Not Applicable.
j) the potential for erosion or for the
contamination or sedimentation of watercourses;
Not Applicable.
k) environmental impacts such as air and
water pollution and soil contamination;
Not Applicable.
l) previous uses of the site which may have
caused soil or groundwater contamination;
Not Applicable.
m) suitability of the site in terms of grades, soil
and bedrock conditions, location of watercourses,
water bodies or wetlands;
Not Applicable.
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n) the ability of emergency services to respond
to an emergency at the location of the proposed
development;
Not Applicable.
o) the proposal and the proposed zone
support the intent of this strategy; and
Not Applicable.
p) the financial ability of the Municipality to
absorb any costs relating to the amendment.
Not Applicable.
Public Information Session
A Public Information Meeting was advertised to be held via Zoom Video conferencing on December
16th beginning at 6:00pm. The meeting was advertised in the Progress Bulletin, on the Municipal
website and notices were posted to the Municipal Office doors. Due to restrictions on gatherings and
in person meetings due to COVID-19, the meeting was to be held virtually with any interested
participants being required to pre-register to receive a link to join the meeting. No members of the
public requested to participate in the meeting.
Municipal Planning Advisory Committee Meeting
This report and attached draft amendments were considered at the Municipal Planning Advisory
Committee meeting held on January 13, 2021. The Committee held discussions and ultimately
recommended in favour of each of the draft amendments. The motions are included below as not each
motion was unanimous:
2021-024 MOVED by Lee Harnish, SECONDED by Hugh Harper recommend to Council to separate the
package of amendments, and vote on each separately. MOTION CARRIED with 5 in favour
and 1 abstaining.
2021-025 MOVED by Lee Harnish, SECONDED by Hugh Harper to recommend to Council to remove
4.1.9 b) of the General Provisions in the Municipal Land Use By-Law to allow accessory
structures to be constructed in the front yard. MOTION CARRIED.
2021-026 MOVED by Hugh Harper, SECONDED by Margeson Reeves to recommend to Council to
accept 1(b) to clarify that accessory structures, small accessory structures and minor
accessory structures are not permitted to be to be constructed within 1.5 m of a main
building or structure, excluding signs, except that a fence or retaining wall main join
accessory structures with a main building. MOTION CARRIED with 1 contrary- minded.
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2021-027 MOVED by Carol Nauss, SECONDED by Hugh Harper to recommend to Council to add
“Accessory Structures related to an Existing Golf Course” be a permitted use. MOTION
CARRIED.
2021-028 MOVED by Hugh Harper, SECONDED by Councillor Sharon Church to recommend to Council
to add the definition for a “Landlocked Lot” and the clarification for a front lot line. MOTION
CARRIED.
2021-029 MOVED by Hugh Harper, SECONDED by Leslie Taylor to recommend to Council to add the
definition for “Tourist Homes” to the Municipal Land Use By-Law. MOTION CARRIED.
2021-030 MOVED by Hugh Harper, SECONDED by Leslie Taylor to recommend to Council approve
amendments 4(a), (b), (c), and (d). MOTION CARRIED.
Options
1. That Municipal Council give 1st reading to the package of nine Land Use By-law amendments,
attached as Appendix A and further set a date for a Public Hearing for February 25th, 2021
beginning at 8:45am.
2. That Municipal Council reject the draft amendments, attached as Appendix A.
3. That Municipal Council give 1st reading to a selection (please specify) of the draft
amendments attached as Appendix A and further set a date for a Public Hearing for February
25th, 2021 beginning at 8:45am.
4. That Municipal Council requires additional information or changes to the draft amendments
before giving 1st reading to the attached amendments.
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Appendix A – Proposed Amendments
Amendments to the Chester Municipal Land Use By-law
Be it enacted by the Council of the Municipality of Chester as follows:
1) Amendments to regulations on Accessory Structures at Section 4.1.9 as follows:
a. Amend Section 4.1.9 to remove the restriction on placing accessory structures within
the Front Yard of a lot;
b. Clarify that accessory structures, small accessory structures and minor accessory
structures are not permitted to be constructed within 1.5 m of a main building or
structure, excluding signs, except that a fence or retaining wall may join accessory
structures with a main building.
2) List “Accessory Structures related to Existing Golf Courses” within the Neighbourhood
Comprehensive Development District Zone to permit development of accessory structures at
Aspotogan Ridge Golf Course by development permit;
3) Amendments to Definitions Section:
a. Add definition to the Land Use By-law to define a “landlocked lot” that has no
frontage on a public street may be intersected by a private road.
b. Add definition to the Land Use By-law for “tourist homes” (short term rentals)
4) Other Corrections and Amendments:
a. Correct a reference at Section 4.7.3 to refer to Sections 4.7.1 and 4.7.2;
b. Correct a reference at Section 6.3.5 to refer to Section 6.3.4;
c. Land Use By-law Section 4.28.1 c) replace existing text to state that small accessory
structures, fire fighting impoundments and structures related to water systems are
permitted to be located within the Lakefront Overlay;
d. Reorganize and alphabetize the General Provisions section to correct the location of
4.25 Places of Worship which is currently out of alphabetical order.
Chester Municipal Land Use By-law
Underlined text is added. Strikethrough text is deleted.
1) Amendments to regulations on Accessory Structures at Section 4.1.9:
4.1.9 Accessory Structures
Accessory structures shall be permitted in all zones and, unless otherwise indicated, shall
be subject to the following:
a) Shall not be used for human habitation;
b) In zones where minimum yards standards apply, shall not be permitted within the front
yard of a lot or to be located closer than 1.2 m from any other lot line, with the
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exception of one accessory structure without plumbing which may be built to the
ordinary high-water mark;
c) Shall not be located or built within 1.5 m of a main building or structure, excluding
signs, except that a fence or retaining wall may join accessory structures with a main
building;
d) Small accessory structures shall not require a development permit in any zone with the
exception of the Single Unit Residential Zone (SU), the Protected Watershed Zone
(PW), and on any land within the Lakefront Overlay;
e) Notwithstanding 4.1.9 c), in any zone that includes regulations for Farm Animals, Small
accessory structures used for the rearing, breeding, boarding, sheltering and keeping
of Farm Animals shall require a Development Permit;
f) Minor accessory structures shall not require a development permit.
2) List “Accessory Structures related to Existing Golf Courses” in the Neighbourhood
Comprehensive Development District Zone
8.5.1 Permitted Uses and Developments
The following uses are permitted in the Neighbourhood Comprehensive Development
District (NCDD) zone subject to the specified approval process and standards:
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max. Height of
Structure
Municipal Parks DP none none none none
1 – 2 dwelling units on an
Existing lot in Mill Cove
Park listed below
DP 1.5 m 1.5 m 1.5 m 11 m
Accessory Structures
related to Existing Golf
Courses
DP 5m 5m 5m 11m
All other Developments &
uses in accordance with an
approved Development
agreement pursuant with
the Municipal Planning
Strategy.
DA
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3) Amendments to Land Use By-law Definitions:
a. Add to Definitions Section as follows:
Lot means any parcel of land as described by its boundaries, and for greater certainty:
Abutting lot means a lot having one or more boundaries coincident with one or
more zone boundaries;
Corner lot means a lot situated at the intersection of two streets, highways or private
roads;
Flag lot means any lot which gains street frontage through the use of a narrow strip
of land, referred to as the “staff”, which is integral to the lot. For greater clarity, lots
where the “staff” is more than 20 m in width shall not be considered a Flag Lot.
Interior lot means a lot situated between two lots and having access to one street,
highway or private road;
Landlocked Lot means a lot that has no frontage on a public street or a private road
but may be intersected by a private road (shared right-of-way) which may or may not
be contained on its own parcel of land.
Through lot means a lot bounded on two opposite side sides by streets, highways or
private roads, however, if any such through lot also qualifies as a corner lot, it shall be
deemed to be a corner lot for the purposes of this By-law;
Waterfront lot means a lot of which any portion is within twenty-nine (29) m of a
watercourse, water body or the ocean.
Lot line means a boundary line of a lot.
Front lot line means:
(i) the line dividing the lot from the street, highway or private road; or
(ii) in the case of a lot which does not abut a street, highway or private road,
the orientation of the main building on the lot; or
(iii) in the case of a corner lot, the lot line abutting the street or highway based
on the orientation of the main building on the lot; or
(iv) in the case of a through lot, the longer boundary line abutting the street or
highway;
(v) in the case of a flag lot, the Front Lot Line is considered to be the lot line
parallel to the street excluding the “staff” portion of the lot; or
(vi) in the case of a landlocked lot with two or more main buildings on the lot,
the Front Lot Line is determined based on the orientation of the original
main building.
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b. Add to Definitions Section as follows:
Tourist Home means a dwelling functioning in a commercial capacity as self-catering
accommodation for the travelling public and does not include facilities open to the
general public such as meeting rooms, restaurants, or entertainment facilities.
4) Additional Minor Amendments:
a. Changes at 4.7.3
4.7.3 High Capacity Electrical Generating Facilities
Any electrical generating facilities not permitted under sections 4.7.1 4.3.1 or 4.7.2 4.3.2, such
as a large-scale wind turbine facility or solar farm, shall be permitted by development
agreement in the General Basic (GB), Business Park (BP), Kaizer Meadow Industrial (KI)
and Kaizer Meadow (KM) zones.
b. Changes at 6.3.5
6.3.5 Special Requirements: Short-Term Habitation of Vehicles
Notwithstanding 6.3.4 6.2.3, nothing shall prevent the temporary habitation of recreational
vehicles within the Settlement Residential One (SR-1) zone, up to a maximum of fourteen
days in any calendar year without the requirement for a temporary development permit or a
development permit.
c. Changes at 4.28.1 c)
4.28.1 Lakefront Overlay
a) all developments within an area that is covered by the Lakefront Overlay (Schedule
“B”) shall require a development permit;
b) main buildings are not permitted within the area covered by the Lakefront Overlay.
For greater clarity this covers lands within twenty (20) m of the ordinary high water
mark of any water body identified on Schedule “B”;
c) minimum yard requirements shall not apply to sSmall accessory structures, fire-fighting
impoundments and structures related to water systems shall be permitted within the
Lakefront Overlay subject to the provisions of this By-law;, or where otherwise
permitted in this By-law;
d) Impermeable surfaces within the Lakefront Overlay shall not exceed 25% of the total
area of the lot including buildings and hard-surface landscaping.
d. Changes to Alphabetization from 4.17 to 4.25
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4.17 Places of Worship & Cemeteries
4.17.1 Places of worship and cemeteries shall be permitted in all zones with the exception of
the Business Park (BP), Kaizer Meadow Industrial (KI), Kaizer Meadow (KM), Protected
Watershed (PW) and Conservation (CS) zones.
4.18 Private storage
4.18.1 Where there is no other main building on the lot, private storage buildings shall be
permitted in any zone subject to the zone standards for yards.
4.19 Public Structures and Uses
4.19.1 Public utilities provided by the Municipality such as, but not limited to, sewage
treatment plants, pumping stations, water storage reservoirs, and stormwater management
facilities shall be permitted in any zone.
4.18.2 Public buildings, public uses and parks shall be permitted in any zone.
4.20 Radio-communications facilities
4.20.1 Nothing in this By-law shall prevent the use of land for the installation of radio-
communications facilities that have been issued a license by the Federal Government
following due process as prescribed in the Canadian Radiocommunications Information and
Notification Service (CRINS) Antenna System Siting Review and Consultation Protocol,
Reference Issue 3 [2014] as amended from time to time.
4.21 Salvage yards
4.21.1 Where permitted, salvage yards shall have an approved commercial highway access
from the appropriate Provincial or Municipal department. The area of a salvage yard shall be
screened to provide a visual barrier that is at least two (2) m in height.
4.22 Shipping containers
4.22.1 Shipping containers shall be permitted, subject to development standards, in all
zones except the Single Unit Residential (SU), and Coastal Island (CI) zones and shall not
be used for human habitation unless converted in compliance with the Nova Scotia Building
Code.
4.23 Site Plan Approval
4.23.1 Where permitted in the zone, and in accordance with the provisions of the Municipal
Government Act, the Development Officer may issue a development permit, upon approval
of a site plan approval of moderate-density residential development, or a commercial,
institutional, recreational or industrial development, as indicated in zones where such
approval may be considered, in which the following requirements have been addressed:
Application Overview Page 17
Land Use By-law Housekeeping Amendments Package January 28, 2021
a) approval by the authority having jurisdiction for sewage disposal either by an on-site
sewage disposal system, or by connection to a municipal central sewer, or by
connection to a sewage disposal system satisfying the design and construction
requirements of the Municipal Specifications adopted by Council;
b) adequate emergency vehicle access;
c) adequate solid waste collection access;
d) approval by the authority having jurisdiction for access to any public street;
e) adequate on-site potable water supply for domestic use and fire suppression, such as
not to negatively impact existing abutting developments;
f) location of new buildings and additions to existing buildings within the permissible
building envelope, and no less than twenty (20) m from any watercourse, water body,
or wetland;
g) location and design of on-site loading and parking areas to facilitate safe access
between building(s) and vehicle parking and maneuvering areas;
h) screening of parking areas and any outside storage areas from adjacent properties
and from the public street by a fence at least 1.2 m high or an equivalent
combination of berms or landscaping;
i) location and design of walkways and any outside storage areas so as to facilitate
building access, and shall be surfaced with stable materials to prevent dust from
blowing onto adjacent properties;
j) provision of a landscaped buffer consisting of a combination of trees, shrubs, plants
and grass, or retention in the form of existing vegetation, in the front yard, side yard
and rear yard, exclusive of parking, driveways and pedestrian walkways, a minimum
of 25% of the total land area;
k) retention and incorporation of existing vegetation into the site landscaping, including
the protection of environmentally sensitive areas;
l) with regard to watercourses and water bodies:
(i) maintenance of a vegetated buffer of twenty (20) m in depth from the
ordinary high-water mark of a watercourse or water body;
(ii) retention, replanting and maintenance of the vegetated buffer, in tree cover
and understory vegetation to at least 75% of the linear water body frontage
of the buffer, and not as a maintained, mowed lawn;
(iii) allowance of a 3.5 m wide opening in the vegetated buffer for access to
watercourses and water bodies by means of docks, decks and pathways;
(iv) allowance of small accessory structures shall be permitted within the
vegetative buffer so identified.
m) indication on the site plan approval of all easements where applicable;
n) indication of measures including lot grading and the limitation of impermeable
surfaces, such as concrete and asphalt, to areas for access, parking, and pedestrian
walkways so as to demonstrate satisfactory stormwater drainage;
Application Overview Page 18
Land Use By-law Housekeeping Amendments Package January 28, 2021
o) other than the minimum infilling required for construction of boathouses, slipways,
wharves and bridges, indication of adequate management of land levels within
twenty (20) m of any watercourse, water body, or the sea such that they are not
altered by filling in of land greater that 0.3 m above the natural ground surface;
p) provision of outdoor lighting fixtures with full horizontal cut-off such that direct
illumination does not extend beyond the lot lines of the development;
q) all buildings and all other structures, lawns, trees, shrubs, parking areas, lighting
systems, and other landscaping elements shall be maintained in a tidy, attractive and
useable state free of unkempt matter of any kind; and the development shall not
generate emissions such as dust, radiation, odours, liquids, or light to the air, water,
or ground so as to create a recognized health or safety hazard or to create a nuisance
to the adjacent properties.
4.23.2 Notwithstanding site plan approval requirements, accessory structures under fifty (50)
m2 shall not require site plan approval but shall be approved by development permit.
4.23.3 The applicant shall enter into a written undertaking to carry out the terms of the site
plan approval.
4.24 Stormwater Standard
4.24.1 Residential developments comprising 12 or more dwelling units; or a commercial,
institutional, light industrial or heavy industrial development with a gross floor area
over 1,000 m2 or occupying a land area over 6,000 m2 shall submit a storm drainage
plan, furnished by a qualified professional, namely an engineer, using stormwater
management best practices such that:
a) surface runoff from impermeable surfaces, and rooftop runoff from
downspouts, shall drain across permeable areas such as yards, vegetated areas or
other permeable surfaces, utilizing rain gardens, drainage swales or other stormwater
control methods, before entering any watercourse, water body, wetland, stormwater
system, or drainage ditch;
b) peak post-development flows do not exceed pre-development flows for all
major storms including extreme weather events (1 in 20-year storms).
4.25 Temporary structures
4.25.1 Temporary uses: special occasions
Nothing in this By-law shall prevent the use of land for the erection of temporary
structures or signs for a special occasion organized and operated by the Municipality,
a non-profit organization, or private household. Such use of land shall not require a
development permit.
Application Overview Page 19
Land Use By-law Housekeeping Amendments Package January 28, 2021
4.25.2 Temporary structures: incidental to construction
A temporary structure incidental to construction of a main building, including but not
limited to a mobile site office, tool shed, scaffold, shipping container or temporary
shelter of goods, shall require a temporary development permit. The temporary
structure shall be removed no more than six (6) months from issuance of a temporary
development permit for said temporary structure.
4.25.3 Temporary structures: special occasions
A temporary structure for special occasions and holidays, including but not limited to
community or private celebrations, and commercial promotions, shall not require a
development permit, shall not be installed more than ten (10) days prior to the start
of the special occasion and shall be removed no more than ten (10) days following
the termination of the special occasion.
4.25.4 Temporary signs: special occasions
Nothing in this By-law shall prevent the use of land, the use of structures or the
erection of signs during and for the purposes of municipal, provincial or federal
election campaign provided such uses are terminated and such signs are removed
within seven days following the election.
Municipality of the District of Chester
Policy P -66 Fire
Advisory Committee
Terms of Reference
Policy P -66 Fire Advisory Committee Terms of Reference (continued
MUNICIPALITY OF THE DISTRICT OF CHESTER
POLICY P -66
FIRE ADVISORY COMMITTEE TERMS OF REFERENCE
1. General
The Fire Advisory Committee (FAC) is a Committee of Council of the Municipality of the District of
Chester, appointedby Council (1996), to reviewand recommend upon issues pertaining to the
development and maintenance of cost effective fire andemergency response services meeting the
needs of the citizens of the Municipality. As a Committee of Council, it is generally governed)y the
Municipal Government Act and Municipal Policy on Committees of Council andtheir Duties andshall
operate in accordance with Procedural By Law #79, Rules Governing Proceedings of Council
October, 2008) unless otherwise specifiedin these Terms of Reference.
The Fire Advisory Committee has establisheda Vision and Mission Statement as follows:
Vision Statement
To encourage the development and maintenance of a modern, efficient and effective fire and
emergency response service that serves andmeets the needs of the Municipality of the
District of Chester.
Mission Statement
To provide an open forum to develop a cooperative and cost effective approach utilizing a
competent volunteer force of first responders to meet the needs of the Municipality for the
ongoing protection from fire andother emergencies.
2. General Duties and Responsibilities:
The General Duties and Responsibilities of the FAC shall consist of, but not be limitedto, the
following:
1. To advise, report and make recommendations to Municipal Council on local, provincial or
federal legislation that couldimpact on the fire andemergency response serviceswithin the
Municipality.
2. To advise, report and make recommendations to Municipal Council on the chvelopment of
Municipal wide fire services policy consistent with good risk management principles and
meeting the current fire services standards as established by the NFPA and other
associations.
3. To review funding issues and opportunities to support and maintain the fire and emergency
response services.
Notice of Intention to Amend -Committee of the Whole -September 22, 2011 (2011 -521) Page 2 of 6
First Notice - Council - September 29, 2011 (2011 -553)
Second Notice - Council - October 13, 2011 (2011 -567)
Effective Date - October 13, 2011
Policy P -66 Fire Advisory Committee Terms of Reference (continued
4. To recommend the appointment, by Council, of a Director to the Fire Services Association of
Nova Scotia (FSANS) to represent the fire andemergency response services of the
Municipality.
Committee Membership
The Membership shall be a total of 9 Members consisting of 1 member from each of the 6 Fire
Commissions andl Village Commission for a total of 7 Members and2 Councilors as so appointed
Note; The 6 Fire Commissions andthe 1 Village Commission are, hereafter, in this cbcument,
referred to as Fire Commissions.
1. The Membership for the Fire Commissions shall be the respective Commission Chair or
appointed alternate. The Membership for Council WII be appointed by Council.
2. The Membership nominations will be presented to Council for approval. If any Member
wishes to resign from the FAC, this resignation shall be presentedto Council in writing and
shall not take effect until it is acceptedby Council.
3. Support and advisory staff from the Municipality will be available to the Committee as
required. The Fire Services Coordinator will serve as the primary liaison with Council on
initiatives and programs developed by the Committee.
4. Chairperson and Vice- Chairperson
1. The Chairperson is to be nominatedand approved by a show of Voting Cards by the Voting
Members at the first meeting of the Committee in February annually. The Chairperson is to
be nominated from the Members of the Fire Commissions. In the event of more than one
nomination, the selection will be made by secret ballot. If the position of Chairperson
becomes vacant, the Committee shall nominate a Chairperson at the first meeting folloting
such vacancy. The Chairperson is appointedby Council.
2. It shall be the general duty of the Chairperson to open, presicb over and adjourn the
Committee meetings.
3. In a similar manner the Vice - Chairperson is to be nominatedby the Voting members. The
Vice Chairperson is appointedby Council. In the absence of the Chairperson, it shal be the
general duty of the Vice Chairperson to open, presicb over and adjourn the Committee
meetings.
4. In the event of a tie vote for two nominees for the position being votedupon and where the
Committee has votedup to three times to break the tie, theChairperson shall determine the
nominees to be declared elected by "Lot ", one name being drawn by the Municipal Cleric or
delegate.
Notice of Intention to Amend -Committee of the Whole -September 22, 2011 (2011 -521) Page 3 of 6
First Notice - Council - September 29, 2011 (2011 -553)
Second Notice - Council - October 13, 2011 (2011 -567)
Effective Date - October 13, 2011
Policy P -66 Fire Advisory Committee Terms of Reference (continue
S. Motions
1. Members are entitledto make motions to the Committee.
2. No motion shall be voted upon unless seconded.
3. All motions carried by the Committee must be approvedby Council before implementation.
6. Voting
1. Each Fire Commission will identify one (1) Voting Member andan Alternate for their district.
2. The appointed Alternate will vote only in the absence of the Voting Member.
3. The Chairperson will vote on all matters. The Chairpersons vote is counted as a replacement
for the Fire Commission that is representedin this position. This vote is not an adlitional
vote for the district.
4. The Vice - Chairperson will vote in the absence of the Chairperson. The Vice Chairperson's
vote is counted as a replacement for the Fire Commission that is representedin this position.
The Chairperson's vote, in this case, will revert to the Voting Member or Alternate of the
Chairperson's commission.
5. Council members will vote on all matters.
6. Support and advisory staff are not entitledto vote.
7. When a decision on any motion is requires] the Chairperson shall ask for a showof Voting
Cards and the Chairperson shall declare the result.
8. Every Voting Member of the Committee, who is in attendance, shall vote on that motion,
9. Any Voting Member (or Alternate) who does not vote shall be deemed as voting in the
negative.
10. All motions shall be decided by a majority of votes. In the event of a tie, the motion votedon
shall be deemed to be determined in the negative.
7: Meeting Schedule
1. The FAC shall meet on the thirdWednesday of February, April, June, August, October, and
December.
2. When a meeting falls upon a holiday or a day deemed inappropriate, the Chairperson shall
set a new date.
3. The Committee shall decide on, by accepted motion, and publish any changes in the above
Notice of Intention to Amend - Committee of the Whole - September 22, 2011 (2011 -521) Page 4 of 6
First Notice - Council - September 29, 2011 (2011 -553)
Second Notice - Council — October 13, 2011 (2011 -567)
Effective Date - October 13, 2011
Policy P -66 Fire Advisory Committee Terms of Reference (continuecil
schedules.
4. All meetings will be held in the Council Chambers at the Municipal Cffices in Chester.
5. Meetings shall commence at7:30 p.m. and adjourn at 9:30 p.m.
6. The Municipal Cleric shall publish notice of each meeting as requirecby the Municipal
Government Act.
8. MeetingAgendas and General Proceedings
1. Every meeting shall be presided over by the Chairperson or, in his absence, bythe Vice -
Chairperson. If both are absent, the Committee may temporarily appoint a Chairperson from
the Members present.
2. The agenda for the meetings will follow a general format as follows:
a. General call to order and approval of the Minutes of previous meeting
b. Business arising from the Minutes
c. Discussion of items of urgency
d. Any necessary nominations
e. Reports of subcommittees andbusiness arising from the reports
f. New Business /Correspondence
g. Adjournment
3. The FAC will be conducted as an open meeting except where may be permittedto be "In
Camera ". Good order and conduct will be observedby all Members and other attendees in all
meetings.
4. Members of the public or fire service who wish to attend and listen to proceedings are
welcome however are able to address the Committee only upon unanimous approval of the
Committee.
S. The Chairperson may call special meetings at such a time andplace as he feels advisable.
6. Attendance at the Committee meetings will be recorded by a Members sign in record
7. A quorum will represent two thirds (2/3) of the Voting Members of Committee.
9. Meeting Minutes
Support staff from the Municipality will compile and distribute the minutes of each meeting. Minutes
will be distributed to the Membership at least one v eek prior to the next scheduled meeting. A copy
of the approved minutes shall be printedand entered into the Minute Book andshall be deemedto
be the original minutes of the meeting.
Notice of Intention to Amend -Committee of the Whole -September 22, 2011 (2011 -521) Page 5 of 6
First Notice - Council - September 29, 2011 (2011 -553)
Second Notice - Council - October 13, 2011 (2011 -567)
Effective Date - October 13, 2011
Policy P -66 Fire Advisory Committee Terms of Reference (continue
10. Remuneration
Members are remunerated by Council at the current rate ($ /km) forth e fuel expense incurredto
and from scheduled meetings.
11. Reports
The FAC will report in writing on all matters referredto them by Council as appropriate andprovide
Council a general summary of activities annually. The reports will be signed by the Chairperson and
a majorityof the Voting Members ofthe Committee. If the Committee is not unanimous, the
minority may submit separate reports andwill be preserved as part ofthe records of the
proceedings of Council.
Notice of Intention to Amend -Committee of the Whole -September 22, 2011 (2011 -521) Page 6 of 6
First Notice - Council - September 29, 2011 (2011 -553)
Second Notice - Council - October 13, 2011 (2011 -567)
Effective Date - October 13, 2011
Municipality of the District of Chester
Water Quality
Monitoring
Committee (Mill
Cove) – Terms of
Reference
Policy P-85
Effective Date: September 25, 2014
Water Quality Monitoring Committee – P-85 (continued)
Notice of Intention to Adopt – Municipal Planning Advisory Committee - July 29, 2014 (2014-404)
First Notice –Council – September 11, 2014 (2014-422)
Second Notice – Council – September 25, 2014 (2014-453)
Effective Date – September 25, 2014 Page 2
MUNICIPALITY OF THE DISTRICT OF CHESTER
POLICY P-85
WATER QUALITY MONITORING COMMITTEE (MILL COVE)
TERMS OF REFERENCE
Purpose
1. The purpose of the Water Quality Monitoring Committee, hereinafter referred to as the
Committee, shall be to monitor the quality of water in Fox Point Lake as new development is
undertaken affecting local watercourses that flow into the Lake, and to provide information
and technical advice to the Municipal Planning Advisory Committee (MPAC) of the
Municipality of the District of Chester concerning appropriate water quality management.
Duties
The duties of the Committee shall be:
2. To identify of boundary of the area for monitoring, including lakes, streams, wetlands and
other water bodies associated with Fox Point Lake, that shall be monitored;
3. To identify and assess risks to water quality associated with development in the affected
area, including, but not limited to:
construction activity, including construction equipment and
storage/disposal of construction materials;
watercourse and wetland alteration;
silviculture operations;
vegetation removal;
soil erosion and siltation;
land level alteration;
pesticide use;
recreation activity, including use of all-terrain vehicles
and make recommendations to the Municipal Planning Advisory Committee on such
activities.
4. To compile information about water quality monitoring and protection programs for the
MPAC, Council and local residents;
Water Quality Monitoring Committee – P-85 (continued)
Notice of Intention to Adopt – Municipal Planning Advisory Committee - July 29, 2014 (2014-404)
First Notice –Council – September 11, 2014 (2014-422)
Second Notice – Council – September 25, 2014 (2014-453)
Effective Date – September 25, 2014 Page 3
5. To determine an appropriate protocol for water quality monitoring, including periodic
monitoring and an annual review;
6. To participate in locally available workshops on the subject of water quality monitoring;
7. To train volunteers in the practice of water quality monitoring;
8. From time to time, to request that individuals or groups make representations to the
Committee on matters affecting the area.
Structure
9. The Monitoring Committee is a subcommittee of the Municipal Planning Advisory
Committee, and shall be composed of the following:
One representative of the Aspotogan Heritage Trust board of directors;
One representative of Chester Municipal Council (District 2);
One representative of the Municipal Planning Advisory Committee;
One representative of the Fox Point Lake Property Owners Associations;
One representative of Aspotogan Developments Limited;
At least one person with professional knowledge of the techniques of water quality
monitoring in the fields of source water protection, ground water protection,
wastewater management, and storm drainage.
10. The Committee shall elect a Chair and a Vice-chair annually. The term of appointment shall
be for one year two years, renewable.
11. The Committee shall meet as necessary, but no less than three times per year.
Administration
12. The Monitoring Committee shall be supported by staff and consulting resources when
required.
13. The Municipality of the District of Chester shall provide administrative services including
scheduling of meetings, minutes, and map production and photocopying.
REQUEST FOR DECISION
Prepared By: Jonathan Meakin,
Strategic Initiatives Coordinator
Date January 20, 2021
Reviewed By: Tara Maguire Date January 22, 2021
Authorized By: Dan McDougall Date January 22, 2021
CURRENT SITUATION
Following amendments to the Municipal Government Act (MGA) contained in Bill 10 (of
Assembly 63, Session 1 of the Nova Scotia Legislature), Council adopted P-100: Hospitality
Policy on May 7, 2020.
Section 23 (7) of the MGA states: “By the January 31 immediately following a regular election
held under the Municipal Elections Act, the council shall review the expense and hospitality
policies and, following a motion by the council, either re-adopt the policies or amend one or
both of the policies and adopt the policies as amended.”
This report reintroduces P-100: Hospitality Policy for Council’s review. At this time, staff has no
recommendations for substantive changes. However, the accompanying copy of the policy
highlights some minor ‘housekeeping’ amendments to the text.
NOTE: A draft Expense Reimbursement Policy has recently undergone legal review and will be
brought before Council soon.
RECOMMENDATION
That Council give Notice of Intention to adopt the attached P-100: Hospitality Policy as
amended.
BACKGROUND
The MGA amendments that require municipalities to adopt hospitality and expense policies
became law on October 26, 2017. The amendments originate from the mandate of the Joint
Municipal Accountability and Transparency Committee (JMAT) to strengthen local government
expense policies and improve transparency concerning the expenses of local government staff
and elected officials.
REPORT TO: Council
SUBMITTED BY: Corporate & Strategic Management
DATE: January 28, 2021
SUBJECT: Hospitality Policy
ORIGIN: MGA Review Requirement
2 Request for Decision
Regulations were developed, and all sections subsequently proclaimed, on January 15, 2019,
with further amendments in December 2019. The regulations contained in the Financial
Reporting and Accounting Manual (FRAM) outline the minimum content for expense and
hospitality policies and associated reporting.
In the process of drafting the Hospitality Policy in the spring of 2020, staff reviewed the
hospitality policy template produced by the Association of Municipal Administrators Nova Scotia
as well as the hospitality policies of the Halifax Regional Municipality, Municipality of the County
of Antigonish, Municipality of the District of West Hants, and the Town of Bridgewater, and the
Government of Nova Scotia.
Municipal Government Act Amendments – Sections Concerning the Hospitality Policy
The following sections from the Municipal Government Act establishes that each municipality
must have a hospitality policy that contains the following provisions:
Section 23
(3) Each municipality shall adopt an expense policy and a hospitality policy.
(5) A hospitality policy must
(a) establish the expenditures, including an alcohol purchase, that may be a hospitality
expense;
(b) establish the approval process for authorizing hospitality expenses;
(c) establish the scope and applicability of the policy; and
(d) comply with the regulations.
(6) An expense may only be reimbursed if that expense is authorized pursuant to the expense
policy or the hospitality policy.
(7) By the January 31st immediately following a regular election held under the Municipal
Elections Act, the council shall review the expense and hospitality policies and, following a
motion by the council, either re-adopt the policies or amend one or both of the policies and
adopt the policies as amended.
Section 65D
(3) A municipality shall prepare a hospitality expense report within 90 days of the end of each
fiscal quarter.
(4) A hospitality expense report must
3 Request for Decision
(a) comply with the hospitality policy of the municipality;
(b) be posted on a publicly available website for the municipality; and
(c) comply with the regulations.
(5) A municipality shall prepare an annual summary report that complies with any requirements
prescribed by the Minister.
(6) A municipality shall file the annual summary report with the Minister by September 30th of
each year.
Financial Reporting and Accounting Manual Regulations
The Financial Reporting and Accounting Manual (FRAM) outlines the regulations for minimum
requirements a hospitality policy must contain. The following are highlights from the FRAM
concerning hospitality policy regulations, as excerpted from FRAM Section 3(3)(c) Hospitality
Policy (pages 17-18):
Definition – A hospitality policy, as required by Section 23(3) … must provide provisions and
guidelines for expenditures incurred while hosting individuals from outside of a municipality …
for conducting business activities which would include receptions, ceremonies, conferences, or
other group events.
Required Policy Content – Hospitality policies must:
(a) Apply to every reportable individual and employee in the municipality;
(b) Establish the approval process for authorizing hospitality expenses;
(c) Prohibit a person from authorizing his/her own claim;
(d) Require hospitality expenditures be preauthorized (Any exceptions require
submission of detail reasoning why prior approval was not sought, prior to
reimbursement);
(e) Establish the scope and applicability of the policy (circumstances when hospitality
may be offered), and identify any restrictions;
(f) Establish the expenditures, including alcohol purchases, that qualify as a hospitality
expense;
(g) Require that hospitality claims include name, and position of guest(s); as well as the
business objective for the expenditure; and
(h) Require detailed/itemized receipts to support hospitality claims.
4 Request for Decision
Reporting Requirements – As required by Section 65A* … of the Municipal Government Act, …
each municipality … must:
(a) Prepare and post a hospitality expense report within 90 days of the end of each fiscal
quarter;
(b) Post the quarterly hospitality expense reports on a publicly available website;
(c) Prepare an annual summary schedule to be filed with the Minister by September 30th
of each year, and
(d) Ensure the annual summary report complies with the financial reporting requirements
outlined in Section 4(4)(b)(ii) [of FRAM]
*Note – FRAM refers to Section 65A. Section originally numbered 65A in the MGA, but
subsequently amended to 65D in the MGA as of December 2019.
Additional Review Requirements – Annually the municipality’s … Audit Committee must review
the Hospitality Annual Summary Schedule.
DISCUSSION
The goal of the Hospitality Policy is to clearly satisfy MGA requirements and associated
regulations, but also to provide underlying principles for broader guidance should
circumstances not be adequately addressed by existing regulations.
Housekeeping Amendments
The attached Hospitality Policy includes the following updates:
Section 1.03 amendments update the references to applicable sections in the MGA.
Updates to the “Hospitality Event Request” and “Hospitality Expense Claim” throughout,
along with removal of Attachment, due to development of electronic version of the two
required forms.
Overview of Policy Content
For Council’s information, notable sections of the Hospitality Policy that address legal
requirements or regulations, or are important considerations in general, are outlined below:
5 Request for Decision
MGA Requirements & FRAM
Regulations
Corresponding sections in Hospitality
Policy
Eligible Expenses
A hospitality policy must establish the
expenditures, including an alcohol purchase,
that may be a hospitality expense - MGA,
Section 23(5)(a)
(f) Establish the expenditures, including
alcohol purchases, that qualify as a hospitality
expense -- FRAM
Section 3.03 Hospitality Expenses
Section 3:04 Serving Alcohol
Section 3:05 Gifts*
*NOTE: “Any giving of individual gifts
exceeding $50 in value requires prior approval
by either Council or CAO (or designate), as
appropriate.”
Prior Authorization
A hospitality policy must establish the
approval process for authorizing hospitality
expenses - MGA, Section 23(5)(b)
(b) Establish the approval process for
authorizing hospitality expenses – FRAM
d) Require hospitality expenditures be
preauthorized (Any exceptions require
submission of detail reasoning why prior
approval was not sought, prior to
reimbursement) -- FRAM
Section 5.01 Prior Authorization for Hospitality
Event Requests
Section 5.02: Submission of Hospitality
Expenses, bullets (c) & (g)
Applies to Whom & for What? – Scope of the Policy
A hospitality policy must establish the scope
and applicability of the policy – MGA, Section
23(5)(b)
(a) Apply to every reportable individual and
employee in the municipality – FRAM
(c) Prohibit a person from authorizing his/her
own claim - FRAM
(e) Establish the scope and applicability of the
policy (circumstances when hospitality may be
offered), and identify any restrictions – FRAM
Section 1: PURPOSE
Section 2: PRINCIPLES
Section 4: SCOPE
Section 3.01: Signing Authorities, bullet (c)
Section 3.02: Hospitality Events
What to Include in Expense Claims?
(g) Require that hospitality claims include
name, and position of guest(s); as well as the
business objective for the expenditure
(h) Require detailed/itemized receipts to
support hospitality claims.
Section 5.02: Submission of Hospitality
Expenses, bullet (b)
6 Request for Decision
IMPLICATIONS
Policy
Adoption of P-100: Hospitality Policy
Financial/Budgetary
N/A
Strategic Plan
1. Maintain a high level of fiscal responsibility
2. Continually improve satisfaction with municipal services
Work Program Implications
Review of Hospitality Expense Claim process with Financial & Information Services Department,
including quarterly & annual reporting requirements and website posting.
Has Legal Review Been Completed?
Yes
OPTIONS
Council may:
1. Refer the amended P-100: Hospitality Policy to First Notice with the intention to adopt
the policy.
2. Refer the amended P-100: Hospitality Policy, with further amendments, to First Notice
with the intention to adopt the policy.
3. Request significant clarification and/or amendments that require further consultation
and refer to staff for review as per direction.
COMMUNICATIONS (INTERNAL/EXTERNAL)
The Corporate & Strategic Management Department will provide internal communications to
staff regarding the policy scope and procedures of P-100: Hospitality Policy.
ATTACHMENTS
Draft of the amended P-100: Hospitality Policy
FIRST NOTICE – HOUSEKEEPING AMENDMENTS
Municipality of the District of Chester
Hospitality Policy
Policy P-100
Effective Date: May 7, 2020
Policy P-100 – Hospitality Policy Page | 2
Notice of Intention to Adopt: Council – April 23, 2020 (2020-173)
First Notice: Council – April 23, 2020 (2020-173)
Second Notice: Council – May 7, 2020 (2020-194)
Effective Date: May 7, 2020
MUNICIPALITY OF THE DISTRICT OF CHESTER
POLICY P-100 - HOSPITALITY POLICY
1. PURPOSE
1.01 The Municipality of the District of Chester recognizes that gifts and hospitality related
activities are, at times, appropriate and legitimate expenses to support the
Municipality’s strategic and business objectives. The offering of gifts and hospitality will
be done in such a manner to reflect the prudent stewardship of public funds and
should be a reasonable expense based on the circumstances. Expenses incurred by
the Municipality in offering hospitality for purposes of diplomacy, protocol, business
development, or promotional advocacy are acceptable providing they satisfy the
standards and procedures outlined in this Hospitality Policy.
1.02 This Hospitality Policy provides direction and guidance to Council and the Chief
Administrative Officer (CAO) in determining appropriate hospitality expenses that
support the objectives of the Municipality while in accordance with the following
standards and procedures of this policy, which include:
(a) Clearly identifying the circumstances for which hospitality expenses may be
permitted.
(b) Establishing the expenditures that may qualify as a hospitality expense.
(c) Establishing the approval process for authorizing hospitality expenses.
1.03 Authority for the Hospitality Policy is derived from Section 23(3), 23(5), (6), and (7)
along with Section and 65D(3), and (4), (5), and (6) of the Municipal Government Act.
Section 23(3) directs the adoption of a hospitality policy; Section 23(5) states the
minimum requirements for such a policy; Section 23(6) stipulates an expense may only
be reimbursed if authorized by a hospitality policy; Section 23(7) states that the
hospitality policy must be reviewed and adopted following each regular election and
Section 65D(3) and (4) outlines requirements for hospitality expense reporting.
1.04 This policy does not apply to expenses associated with events for Municipal
employees only, such as retirement ceremonies or staff appreciation events.
2. PRINCIPLES
2.01 The following underlying principles inform this policy:
(a) Any hospitality related activity must be provided in an accountable, economical,
and consistent manner that facilitates government business in the areas of
diplomacy, protocol, business development or promotional advocacy.
Policy P-100 – Hospitality Policy Page | 3
Notice of Intention to Adopt: Council – April 23, 2020 (2020-173)
First Notice: Council – April 23, 2020 (2020-173)
Second Notice: Council – May 7, 2020 (2020-194)
Effective Date: May 7, 2020
(b) Any hospitality related activity must serve a clear strategic or business purpose for
the Municipality and not provide any personal benefit to Reportable Individuals or
employees of the Municipality.
(c) Public funds are used prudently and responsibly with a focus on accountability and
transparency.
3. POLICY
3.01 Signing Authorities
(a) The following are the Signing Authorities responsible for administering this policy
with respect to the individuals in those positions.
Position Signing Authority
Member of Council CAO or designate
CAO Warden or Deputy Warden
Employees of the
Municipality
Immediate Supervisor or CAO (or designate)
(b) The CAO may designate a secondary Signing Authority. The designation of a
secondary Signing Authority will be in writing and will state the name and position
of the designate.
(c) All Signing Authorities are prohibited from authorizing payment of a hospitality
expense incurred on their own behalf.
3.02 Hospitality Events
(a) A hospitality event is a reception, ceremony, conference, or other event that
involves hosting individuals from outside the Municipality. Hospitality may be
offered under the following circumstances in accordance with this policy:
i. hosting foreign dignitaries;
ii. engaging in official public matters with representatives from other
governments;
iii. hosting business, industry/labour leaders, or other community leaders;
iv. sponsoring or hosting conferences;
v. hosting ceremonies / recognition events; and
Policy P-100 – Hospitality Policy Page | 4
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First Notice: Council – April 23, 2020 (2020-173)
Second Notice: Council – May 7, 2020 (2020-194)
Effective Date: May 7, 2020
vi. other official functions, as approved by either Council or CAO (or designate),
as appropriate.
3.03 Hospitality Expenses
(a) Hospitality expenses include, but are not limited to (pending prior authorization
procedure as outlined in Section 5.01), the following:
i. meals/catering (including gratuities);
ii. beverages;
iii. accommodation;
iv. professional serving staff; and
v. gifts
3.04 Serving Alcohol
(a) While the standard for hospitality is the provision of non-alcoholic beverages, the
provision of alcohol in the context of hospitality for reasons of diplomacy, protocol,
business development, or promotional advocacy is deemed an acceptable
expense in limited circumstances. Any request for approval to serve alcohol at a
hospitality event requires prior approval by either Council or CAO (or designate),
as appropriate.
(b) All Reportable Individuals and employees of the Municipality are expected to act
responsibly in the care and well-being of themselves, other employees, and their
respective guests with respect to the provision of alcohol.
(c) The Municipality will demonstrate good judgment in the reasonableness of the
quantity and expense of alcoholic beverages offered to guests.
(d) If alcohol is provided at a Municipal hospitality event, all applicable liquor laws and
licensing requirements must be adhered to in addition to the principles of this
policy. Food will be served at all events where alcohol is provided for hospitality
purposes.
(e) Alcohol is not an allowable expense for Reportable Individuals or employees of the
Municipality while travelling for Municipal business.
3.05 Gifts
(a) For reasons of diplomacy, protocol, business development, or promotional
advocacy, giving gifts to individuals who are not employees or representatives of
Policy P-100 – Hospitality Policy Page | 5
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First Notice: Council – April 23, 2020 (2020-173)
Second Notice: Council – May 7, 2020 (2020-194)
Effective Date: May 7, 2020
the Municipality is sometimes appropriate. Any giving of individual gifts exceeding
$50 in value requires prior approval by either Council or CAO (or designate), as
appropriate.
4. SCOPE
4.01 This Hospitality Policy applies to all Reportable Individuals and employees of the
Municipality who incur approved hospitality expenses while conducting Municipality of
the District of Chester business.
5. PROCEDURES
5.01 Prior Authorization for Hospitality Event Requests
(a) Subject to this policy, all hospitality events require prior authorization. (See the
electronic form Appendix A: Hospitality Event RequestExpense Form)
(b) A hospitality event request requires the following information for prior authorization:
i. rationale/purpose of the event;
ii. estimated number of attendees and their respective affiliations;
iii. if alcohol is to be provided at the event, reasons the provision of alcohol is
appropriate and warranted in the circumstances;
iv. estimated itemized hospitality expenses, including gratuities and
supplementary expenses.
(c) Hospitality event requests shall be reviewed by either the CAO (or designate) or
Council, as appropriate, who shall consider the value and benefit of the proposed
event in relation to its cost in deciding whether to approve the hospitality event.
(d) In instances where a hospitality event has been held without prior approval, claims
for reimbursement must provide the details outlined above and a document
outlining the reasons prior approval was not possible.
5.02 Submission of Hospitality Expenses
(a) Hospitality expenses claims incurred by individuals must be submitted on the
electronic expense claims section of the Hospitality Expense Claim form
Hospitality Expense Form containing that references and links to the already
authorized Hospitality Event Request formevent request section. The completed
expense claim must be signed by the Claimant and submitted to the appropriate
Signing Authority within 30 days after the hospitality event.
Policy P-100 – Hospitality Policy Page | 6
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First Notice: Council – April 23, 2020 (2020-173)
Second Notice: Council – May 7, 2020 (2020-194)
Effective Date: May 7, 2020
(b) Hospitality Eexpense Cclaims must include the following:
i. a copy of the signed prior authorization for the hospitality event for which the
expense was incurred;
ii. the names and positions of the guests at the hospitality event;
iii. the business objective for the expense;
iv. detailed, itemized receipts for the expenses to support the claim.
(c) In instances where prior approval of the hospitality event was not possible, a
completed Hospitality Expense ClaimForm must be submitted to the appropriate
Signing Authority within 30 days of the expense being incurred along with detailed
reasoning as to why prior approval was not sought prior to reimbursement.
(d) If no receipt is available for a hospitality expense, a written attestation signed by
the Claimant must be submitted to explain why the receipt is unavailable, and a
description itemizing and confirming the expense must be provided. Debit or credit
card transaction records are not acceptable as receipts.
(e) Hospitality expenses incurred by one individual on behalf of another must be
attributed to the individual for whom those expenses were incurred.
(f) No hospitality expense claim shall be paid unless the claim is first approved for
payment by the appropriate Signing Authority. Before approving a hHospitality
Eexpense Cclaim, a Signing Authority must ensure that:
i. the claim is consistent with this policy;
ii. the expenses claimed were necessarily incurred in the performance of
Municipal business;
iii. appropriate receipts (or a written attestation as stipulated in Section 5.02(d)
of this policy) or invoices are provided to support the claim, and that the claim
documentation is appropriately filed;
iv. the expenses claimed have appropriate justification;
v. a copy of the appropriate liquor licence, if applicable; and
vi. all requirements for a hospitality expense claim have been fulfilled.
(g) In considering a Hhospitality Eexpense Cclaim for payment, a Signing Authority
may request additional explanations, documentation, or justification from the
Claimant, and may refuse to approve any claim or expense that did not have prior
authorization and which the Signing Authority decides is unreasonable or not in
compliance with this policy.
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Effective Date: May 7, 2020
(h) The use of petty cash to pay a Hhospitality Eexpense Cclaim is prohibited.
5.03 Reporting Requirements
(a) In accordance with the requirements section 65d of the Municipal Government Act,
the CAO shall ensure that Municipality:
i. prepares a Hospitality Expense Report that describes all the hospitality
expenses incurred by the Municipality, including purchases of alcohol, for
each fiscal quarter, and posts that report on the Municipality’s website within
ninety (90) days of the end of each quarter; and
ii. prepares an annual report that summarizes the hospitality expense reports
for the preceding fiscal year in compliance with the requirements of the
Department of Municipal Affairs and Housing and of the Financial Reporting
and Accounting Manual, and files that annual summary report with the
Minister of Municipal Affairs and Housing by September 30 each year.
5.04 Review Requirements
(a) The Municipality’s Audit Committee shall review the hospitality annual summary
report by September 30 of each year.
(b) By January 31 immediately following a regular election held under the Municipal
Elections Act, Council shall review this policy and, following a motion by Council,
either re-adopt the policy or amend the policy and adopt the policy as amended.
6. REFERENCES AND RELATED STATEMENTS OF POLICY
Municipal Government Act Section 23(3), (5), (6), and (7) and 65D(3), (4), (5), and (6).
Financial Reporting and Accounting Manual (FRAM), Department of Municipal Affairs
& Housing, Government of Nova Scotia.
As of the date of adoption by Council, this Hospitality Policy replaces any related
sections of Municipality of the District of Chester policies and procedures concerning
the approval and reimbursement of expenses for hospitality related activities.
6.7. DEFINITIONS
7.01 “CAO” means the Chief Administrative Officer of the Municipality of the District of
Policy P-100 – Hospitality Policy Page | 8
Notice of Intention to Adopt: Council – April 23, 2020 (2020-173)
First Notice: Council – April 23, 2020 (2020-173)
Second Notice: Council – May 7, 2020 (2020-194)
Effective Date: May 7, 2020
Chester.
7.02 “Claimant” means the individual submitting hospitality expenses claim in accordance
with the standards and procedures of this policy.
7.03 “Council” means the elected officials that make up the Council of the Municipality of
the District of Chester.
7.04 “Employee” means any person directly employed by the Municipality of the District of
Chester.
7.05 “Hospitality Event” means an event or function for purposes and reasons outlined in
this policy where the provision of food, beverages, accommodations, or other
approved items are provided, at public expense, to people who are not engaged in
work for the Municipality.
7.06 “Hospitality Event Request” means an electronic form for the submission of details
about the proposed event, attendees, estimates costs, and intent to serve alcohol for
prior authorization.
7.057.07 “Hospitality Expense Claim” means an electronic form for the submission of details
about the completed event, the attendees, and actual expenses incurred, along with
receipts and/or invoices, as appropriate.
7.06 “Hospitality Expense Form” means the form containing both the hospitality event
request and hospitality expense claim sections.
7.077.08 “Hospitality Expense Report” means a report on all hospitality expenses incurred by a
municipality during a fiscal quarter, including purchases of alcohol, shared on the
Municipal website within ninety (90) days of the end of each quarter.;
7.087.09 “Municipality” or “Municipal” means the Municipality of the District of Chester.
7.097.10 “Reportable Individual” means the Warden, Deputy Warden, Councillor, Chief
Administration Officer (CAO), and any employee of the Municipality delegated the
responsibilities of the CAO.
7.107.11 “Signing Authority” means an individual authorized to sign on behalf of the Municipality
8. ATTACHMENTS
8.01 The Hospitality Event Request and Hospitality Event Expense Claim are forms available
electronically to Reportable Individuals and employees of the Municipality.
8.01 Attachment A: Hospitality Expense Form
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Policy P-100 – Hospitality Policy Page | 9
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First Notice: Council – April 23, 2020 (2020-173)
Second Notice: Council – May 7, 2020 (2020-194)
Effective Date: May 7, 2020
ATTACHMENT A: HOSPITALITY EXPENSE FORM
MUNICIPALITY OF THE DISTRICT OF CHESTER
HOSPITALITY EXPENSE FORM
Instructions: All hospitality related expenses require prior authorization. All hospitality
expenses incurred must be supported by itemized receipts. Refer to Policy P-100 - Hospitality
Policy for full regulations and requirements.
There are two parts to this Hospitality Expense Form:
1. For prior authorization: Complete Section 1 and the estimated costs portion of Section 2 for
the proposed Hospitality Event.
2. For expense claims reporting: Complete the remainder of Section 2 and submit to appropriate
Signing Authority within 30 days of the Hospitality Event.
SECTION 1
HOSPITALITY EVENT REQUEST
Event:
Location:
Date and time:
Name of Municipal event lead (councillor or
staff person):
Purpose/objective of the event:
If alcohol will be provided, indicate how the
reasons for doing so are appropriate and
warranted
Estimated number of attendees & their
affiliations
Hospitality Event Request authorized by:
__________________________________ _______________________________________
(Signature) (Name & title)
__________________________________________
(Date)
Policy P-100 – Hospitality Policy Page | 10
Notice of Intention to Adopt: Council – April 23, 2020 (2020-173)
First Notice: Council – April 23, 2020 (2020-173)
Second Notice: Council – May 7, 2020 (2020-194)
Effective Date: May 7, 2020
SECTION 2
HOSPITALITY EVENT EXPENSE CLAIM
Names and positions of the guests at the hospitality event.
(Attach list on a separate sheet if more space needed.)
NAME POSITION
Itemized list of estimated and actual expenses. Note section 3:03(a) of P-100 - Hospitality
Policy identifies common hospitality expenses. (Attach detailed receipts.)
ESTIMATE ACTUAL
We hereby certify that the information contained in this Hospitality Expense Form is accurate &
complete:
Event Lead:
__________________________________ _______________________________________
(Signature) (Name & title)
__________________________________________
(Date)
Signing Authority:
__________________________________ _______________________________________
(Signature) (Name & title)
__________________________________________
(Date)
This completed Hospitality Expense Form must be submitted with any reimbursement
process and filed as support for quarterly and annual expense reporting, as required.
Policy P-100 – Hospitality Policy Page | 11
Notice of Intention to Adopt: Council – April 23, 2020 (2020-173)
First Notice: Council – April 23, 2020 (2020-173)
Second Notice: Council – May 7, 2020 (2020-194)
Effective Date: May 7, 2020
Version
Number
Amendment
Description
Policy Editor Policy Sponsor Approval Date
2020-04-16 Policy created CAO and
Deputy CAO
Corporate and
Strategic
Management
2020-05-07
Annotation for Official Policy Book
Reason for Amendment
Notice of Intention to Adopt
Date of First Notice at Council
Date of Second Notice at
Council
Effective Date
I certify that this Policy was amended by Council as indicated above.
_______________________________________
Pamela M. Myra, Municipal Clerk Date
December 29, 2020
Andre Veinotte
Councillor - District 1
Municipality of the District of Chester
aveinotte@chester.ca
Dear Councillor Veinotte:
Thank you for your email on November 23, 2020, regarding Bayswater Beach, Lunenburg County. The
Premier has asked me to respond on his behalf.
I have reviewed the concerns that you have brought forward on behalf of your constituents regarding the
odour and organic material at Bayswater Beach. Like many of Nova Scotia’s coastal environments,
Bayswater Beach is directly exposed to the Atlantic Ocean and it is influenced by tides, storms, and other
natural processes. Storms that occur on our coast are increasing in intensity and therefore may cause
more organic material from marine plants to wash ashore on our beaches. Decomposition of such material
can cause odours to occur naturally in our coastal environments.
After receiving complaints from your constituents, Nova Scotia Environment (NSE) staff have conducted
several inspections at this site to investigate possible sources of land-based pollution. There was no
evidence found to indicate the odour or conditions outlined are caused by any source of land-based
pollution or an unnatural release of substance. To date, NSE does not have any evidence that would lead
us to conclude that the conditions at Bayswater Beach are influenced by the nearby Saddle Island
aquaculture site.
In addition to conducting our own inspections, NSE has forwarded these complaints to Environment and
Climate Change Canada who are responsible for investigating marine pollution incidents. Additionally,
Nova Scotia Department of Fisheries and Aquaculture reviews data collected as part of the Environmental
Monitoring Program for the Saddle Island Fish Farm to make sure that activity at that site is not causing
harm to the local Environment.
Should you have any further questions or concerns, please contact Adrian Fuller, Executive Director,
NS Environment, Inspection, Compliance and Enforcement Division (ICE).
Sincerely,
Gordon Wilson, MLA
Minister of Environment
c: Premier Stephen McNeil
Adrian Fuller, Executive Director, ICE Division
Our File number:
10700-40-56905
PO Box 442, Halifax, Nova Scotia, Canada B3J 2P8 ● www.novascotia.ca/nse
1
Pam Myra
From:Dan McDougall
Sent:January 4, 2021 6:27 PM
To:Pam Myra
Cc:Tara Maguire; Chad Haughn
Subject:Fwd: #External: Correspondence #56905: RE: Bayswater Beach Pollution/Government
Inaction CRM:0404170
Attachments:56905 Andre Veinotte.pdf
Pam:
Can you please add to the agenda for Council on the 14th.
Thanks
Dan
Sent from my iPhone
Begin forwarded message:
DAN MCDOUGALL
Chief Administrative Officer
Office: 902-275-4111
Consider the environment. Do you really need to print this email?
From: Andre Veinotte <andrev@ableinc.ca>
Date: January 4, 2021 at 5:51:04 PM AST
To: Dan McDougall <dmcdougall@chester.ca>
Subject: FW: #External: Correspondence #56905: RE: Bayswater Beach Pollution/Government Inaction
CRM:0404170
Please add to agenda.
From: aveinotte@chester.ca <aveinotte@chester.ca>
Sent: January 4, 2021 5:50 PM
To: Andre Veinotte <andrev@ableinc.ca>
Subject: FW: #External: Correspondence #56905: RE: Bayswater Beach Pollution/Government Inaction
CRM:0404170
From: Minister, Env <Minister.Environment@novascotia.ca>
Sent: December 29, 2020 11:09 AM
To: aveinotte@chester.ca
Subject: #External: Correspondence #56905: RE: Bayswater Beach Pollution/Government Inaction
CRM:0404170
2
Good Morning,
Please find attached a response to your email to the Honourable Premier, Stephen McNeil.
Thank you,
Correspondence Coordinator
Office of the Minister/Deputy Minister
Nova Scotia Environment
1894 Barrington St. 18th Floor
PO BOX 442
Halifax, NS B3J 2P8
Phone: (902) 424-3736
minister.environment@novascotia.ca
CONFIDENTIALITY NOTICE: This message may contain privileged and/or confidential information. If you
have received this e-mail in error or are not the intended recipient, you may not use, copy, disseminate,
or distribute it. Please do not open any attachments and delete this message immediately from your
system and notify the sender by e-mail or telephone that you have done so. Thank you!
------------------- Original Message -------------------
From: aveinotte@chester.ca;
Received: Mon Nov 23 2020 09:17:39 GMT-0400 (Atlantic Standard Time)
To: Ramona Harris-Zinck; Danielle St Louis; Bruce Hancock; Robert Ceschiutti; Jessica Feindel; Premier;
John MacDonald; Gary Burrill; Derek Mombourquette; PNS Environment; PNS Lands & Forestry; Keith
Colwell; Minister, Natural Resources; Health and Wellness Minister; PNS Environment; PNS Lands &
Forestry; ECO/OP Premier; Terry.Spicer@novascotia.ca; minister.enviroment@novascotia.ca;
tim.houston@pcpartyns.com; Paul.Steadman@novascotia.ca; Glen.Merkley@novascotia.ca;
David.Clarke@novascotia.ca; Jesse.McLean@novascotia.ca; Nathaniel.Feindel@novascotia.ca;
Matthew.Parker@novascotia.ca; Clinton.Pinks@novascotia.ca; greid@perennia.ca;
robert.robichaud@canada.ca; William.Wolfe@dfo-mpo.gc.ca; Dave.Oickle@dfo-mpo.gc.ca;
Todd.McLeod@dfo-mpo.gc.ca; Erika.Cross@dfo-mpo.gc.ca; suzanne.dobson@dfo-mpo.gc.ca;
hugh@hughmackay.ca; bernadette.jordan@parl.gc.ca;
Subject: RE: Bayswater Beach Pollution/Government Inaction
** EXTERNAL EMAIL / COURRIEL EXTERNE **
Exercise caution when opening attachments or clicking on links / Faites preuve de prudence si vous
ouvrez une pièce jointe ou cliquez sur un lien
Hello,
My name is Andre Veinotte, and I am the District Councillor for the Municipality of the District of
Chester. For some time now, I have received complaints from a number of residents of the Bayswater
area regarding noise and especially smell. Earlier this fall, even before I was elected, I noticed a strong
sulfur smell in the car as I drove by the beach area. Long time local residents who have since contacted
me have told me that the smell is a recent phenomenon.
John MacDonald invited me to the beach on October 23rd to have a look at the black material that can
be found under the sand. It is definitely there… everywhere we looked. The smell of sulfur was very
This email originated from outside of the organization. Do not click links or open attachments unless you
recogize the sender and know the content is safe.
3
strong. As we stood on the beach talking, I was struck how we could plainly see gas bubbling up from
below the surface of the sand.
I think the lives of the residents of Bayswater are being detrimentally impacted by the conditions at the
beach. There are many more people than just John MacDonald who feel this way. I think they deserve
a good explanation about the cause of these changes to the beach that is backed by science, not
conjecture.
I live in East Chester, far from this site, so I am not directly impacted by the smell. However, I
sympathise with these people and I implore you to take some action and get some answers regarding
why this is happening.
Andre Veinotte
Councillor – District 1
Municipality of the District of Chester
From: John MacDonald
Sent: November 8, 202
To: PREMIER@novascotia.ca; Colwell, Hon. Keith (DFA) <MINDFA@novascotia.ca>;
bernadette.jordan@parl.gc.ca; hugh@hughmackay.ca; Andre Veinotte <andrev@ableinc.ca>;
suzanne.dobson@dfo-mpo.gc.ca; Cross, Erika <Erika.Cross@dfo-mpo.gc.ca>; McLeod, Todd
<Todd.McLeod@dfo-mpo.gc.ca>; Oickle, Dave J <Dave.Oickle@dfo-mpo.gc.ca>; Wolfe, William J
<William.Wolfe@dfo-mpo.gc.ca>; robert.robichaud@canada.ca; jessica.feindel@novascotia.ca;
St.Louis, Danielle <Danielle.StLouis@novascotia.ca>; Gregor Reid <greid@perennia.ca>; Pinks, Clinton
W <Clinton.Pinks@novascotia.ca>; matthew.parker@novascotia.ca; Feindel, Nathaniel J
<nathaniel.feindel@novascotia.ca>; robert.ceschiutti@novascotia.ca; McLean, Jesse
<Jesse.McLean@novascotia.ca>; Harris-Zinck, Ramona <ramona.harris-zinck@novascotia.ca>; Clarke,
David <david.clarke@novascotia.ca>; Merkley, Glen <glen.merkley@novascotia.ca>; Steadman, Paul
<paul.steadman@novascotia.ca>; tim.houston@pcpartyns.com; info@mombourqurtte.ca;
garyburrillmla@gmail.com; health.minister@novascotia.ca; mindnr@novascotia.ca;
minister.enviroment@novascotia.ca; terry.spicer@novascotia.ca
Subject: Bayswater Beach Pollution/Government Inaction
Good Morning,
I am following up on my emails from last winter warning everyone about the very concerning changes
occurring on Bayswater Beach. I have included all relevant departments, many of whom I have been in
contact with regarding this serious situation.
The beach has now become so contaminated with black sediment that walking on some parts of it is
nauseating due to the overwhelming sewer like smell. The evidence that this area was never a good
location for open net pen fish farming is mounting, including the two current studies and the Baseline
Assessment Report contained in the 2016 Cooke expansion application.
I have attached a sketch that summarizes the current data included in the expansion application, and a
recent study comparing how different bottom conditions affect waste dispersal to help everyone
understand how operating ONP farms over sandy bottoms near beaches, can result in the "far-field"
effects we are now seeing on our once beautiful beach and surrounding area.
Please see the attached photos but it is the smell that is truly overwhelming.
4
It appears that a second set of EMP samples were collected here on October 26th which is very
concerning but not surprising considering what has been happening on Bayswater Beach. Anyone who
drove through our community in the weeks following Hurricane Teddy knows that something is very
wrong in Bayswater.
Unfortunately the environmental damage has already taken place following the 2018 Saddle Island
expansion, but in reality, this site has been polluting our community for 25 years. Hopefully it is not too
late for this Provincial Beach Park ; our governments cannot continue allowing this industry to pollute
our public spaces.
Citizens elect Governments to make decisions. We expect those decisions to be based on solid research
and knowledge, especially in the case of the environment. Nothing that has been done in response to
my concerns over the past nine months has shown that the open net-pen is NOT the cause of the
devastating changes on our beach. The fact that Bayswater is a Provincial Beach Park is even more
disturbing.
Please explain why you are either incapable or unwilling to prove definitively that the Saddle Island
aquaculture site is not the cause of the pollution on the beach.
Thank you,
John MacDonald
Bayswater beach & Rafuse CoveReview of 2020 reportsShanna FredericksAssistant Director, Coastal Actionshanna@coastalaction.org
Rafuse Cove•Program developed in response to algal blooms and high bacteria concentrations detected in 2019•Sampling at 3 sites from July-October 2020
Rafuse Cove•Site 1 consistently exceeded Health Canada Primary Contact Guideline•Spot sampling along length of Goose Creek required to isolate bacteria source(s)
Bayswater Beach •Program developed to investigate bacteria conditions in Bayswater pond and outflow stream •Bacteria monitoring at two WQ sites and beach sand sites July-October 2020
Bayswater Beach •Low bacteria concentrations at WQ sites and in beach sand from stream edge•NSLS testing: one closure of marine swimming area and one exceedance in stream