HomeMy Public PortalAbout2021-04-08_COW_Website Agenda PackagePage 1 of 2 (Cover Pages)
Comm ittee of the Whole
AGENDA
Thursday, April 8, 2021
Chester Municipal Council Chambers / Facebook Live
151 King Street, Chester, NS
1. MEETING CALLED TO ORDER
2. APPROVAL OF AGENDA/ORDER OF BUSINESS
3. INTRODUCTION OF VOLUNTEER NOMINEES FOR 2021
8:45 am - Cecil Joudrey.
8:50 am - Roger & Christine Hirtle.
8:55 am - Carol Nauss.
9:00 am - Anita Hume.
4 . PUBLIC INPUT SESSION (9:00 a.m. to 9:15 a.m.)
5. MINUTES OF PREVIOUS MEETING
5.1 Committee of the Whole – March 18, 2021.
6. PUBLIC PRESENTATIONS
6.1 Our Health Centre at 9:15 a.m. – Thelma Costello (in person), Lorraine Burch (via Zoom) and
Leo Blain (via Zoom).
6.2 Sherbrooke Lake Stewardship Committee at 9:45 a.m. - Robin McAdam and Melanie
Kingsbury.
7. MATTERS ARISING
7.1 Request for Decision prepared March 11, 2021 – Corporate and Strategic Management –
Sidewalk Cafés.
8. CORRESPONDENCE
9. NEW BUSINESS
10. IN CAMERA
11. ADJOURNMENT
Page 2 of 2 (Cover Pages)
APPOINTMENTS
9:15 a.m. Our Health Centre - Thelma Costello (in person), Lorraine Burch (via Zoom) and Leo
Blain (via Zoom).
9:45 a.m. Robin McAdam and Melanie Kingsbury, Sherbrooke Lake Stewardship Committee.
105
MUNICIPALITY OF THE DISTRICT OF CHESTER
Minutes of
COMMITTEE OF THE WHOLE
Via Facebook Live from 151 King Street, Chester, NS
On Thursday, March 18, 2021
MEETING CALLED TO ORDER
Warden Webber called the meeting to order at 8:51 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 AND ORDER OF BUSINESS
2021-131 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford the
Agenda and Order of Business be approved as circulated. ALL IN FAVOUR.
MOTION CARRIED.
PUBLIC INPUT
There was no public input received.
MINUTES OF PREVIOUS MEETING
4.1 Committee of the Whole – March 4, 2021.
2021-132 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church, the
minutes of the March 4, 2021 meeting of Committee of the Whole be approved as
circulated. ALL IN FAVOUR. MOTION CARRIED.
MATTERS ARISING
5.1 Village Review Council Update #1 dated March 11, 2021 – Community Development
Department.
Committee of the Whole (continued) March 18, 2021 106
Garth Sturtevant, Senior Planner attended the meeting via Zoom who provided an overview and
update of the progress to date with the Village Review of the Municipal Planning Strategy and
Land Use By-Law.
A list of Priority Topics was reviewed with Council giving direction to the following:
Setback from the Ocean – it was agreed to wait for the provincial Coastal Protection Act to
be enacted.
Planning Approvals – there will be a workshop to discuss this in depth.
Architectural Regulations – it was agreed to direct staff to prepare a Request for Proposals
seeking qualified firms to submit a proposal to complete an inventory and provide an
overview and draft concept for regulations. It is anticipated this could be done for $15,000
to $20,000.
PUBLIC PRESENTATIONS
6.1 Susan Crocker, Chester Playhouse – Project Update.
Susan Crocker, Co-Chair of the Board of Directors was present and outlined the Chester
Playhouse Project providing an update on the need for additional funding. The project has
grown from an estimate of $973,000 to $1,300,000 and the request of Council is for an
additional $100,000. The increases are mainly to do with film projection and digital streaming
to provide more benefits to the public.
Ms. Crocker provided an overview of the cause of the increase in budgeted amount and noted
that the private fundraising has raised $457,000 and they do not want to reach out to those
same contributors for the shortfall. They have applied to the province for additional funding
and hope to hear the result of that in April.
Warden Webber indicated that the request is complicated for the Municipality because they do
not qualify for more funding at this time (as per the policy currently in place). He gave credit to
the Board and the project which is great for the Municipality; however, the policy dictates that
they would have to wait two years before applying again. The Playhouse is a tremendous asset
to the community.
Ms. Crocker indicated that she appreciated they are out of the cycle, but assured Council they
would not require funds in the near future if the $100,000 was to be provided. The money
spent on this project is spent in this community and the revenue goes back into hospitality; she
indicated that this will be a catalyst for reinvigorating the community.
Councillor Barkhouse and Councillor Connors spoke in favour of the project and that they were
not in favour of the policy limiting requests for two years.
Committee of the Whole (continued) March 18, 2021 107
Ms. Crocker invited members of Council to visit to see the work in progress.
A break was held from 10:12 a.m. to 10:29 a.m.
When Councillors returned from break the consensus was that, because of the policy currently
in place, there was no option to provide additional funding to the Chester Playhouse. Deputy
Warden Shatford and Councillor Veinotte were not in favour of considering the request.
Staff will advise the Chester Playhouse of the policy.
CORRESPONDENCE
There were no items of correspondence for review.
NEW BUSINESS
8.1 Email from Deputy Warden Shatford regarding request from Mount Marina Road
Association regarding the Administration fee of 10% for collection of funds for the
Association through taxes.
Deputy Warden Shatford outlined the email received regarding the 10% administration fee that
is imposed on any homeowner’s association that has fees collected through taxes. The concern
is fairness in the administration fee. Not matter if the funds required are $10,000 or $100,000,
the administration fee is 10%. Can this be reviewed and consider a flat rate or cap on the total
cost?
It was agreed to have a report from staff on the administration fee and provide it to Council for
consideration.
8.2 Request for Decision prepared March 16, 2021 – Financial and Information services -
Temporary Borrowing Resolutions for the following projects: Landfill Scalehouse Software
($30,000), Landfill D6 Dozer ($490,000), and Chester Wastewater Treatment Plant for the
installation of a UV System ($1,070,000).
Present was Malcolm Pitman, Director of Financial and Information Services via Zoom who
reviewed the temporary borrowing resolution information included in the Request for Decision
prepared March 16, 2021.
2021-133 MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that the
Committee of the Whole recommend to Council to approve the following
Temporary Borrowing Resolutions for a total of $1,070,000:
Landfill Scalehouse Software ($30,000);
Committee of the Whole (continued) March 18, 2021 108
Landfill D6 Dozer ($490,000); and
Chester Wastewater Treatment Plant for the installation of a UV System
($550,000).
ALL IN FAVOUR. MOTION CARRIED.
8.3 Request for Decision prepared March 12, 2020 – Financial and Information Services - By-
Law No. 74 Tax Exemption for Charitable, Non-Profit Organizations, Municipal Water
Utilities and Licensed Day Cares – Addition of Chester Garden Club to Schedule B.
Malcolm Pitman, Director of Financial and Information Services was present via Zoom and
reviewed information outlined in the Request for Decision prepared March 12, 2020 regarding
an amendment to By-Law No. 74 Tax Exemption for Charitable, Non-Profit Organizations,
Municipal Water Utilities and Licensed Day Cares to add Chester Garden Club to Schedule B.
2021-134 MOVED by Councillor Church, SECONDED by Councillor Assaff that the Committee
of the Whole recommend to Council to amend By-Law No. 74 Tax Exemption for
Charitable, Non-Profit Organizations, Municipal Water Utilities and Licensed Day
Cares to add Chester Garden Club to Schedule B. ALL IN FAVOUR. MOTION
CARRIED.
IN CAMERA
There were no items for “In Camera”.
ADJOURNMENT
2021-135 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church the
meeting adjourn. ALL IN FAVOUR. MOTION CARRIED. (10:39 a.m.)
___________________________ ___________________________
Allen Webber Pamela Myra
Warden Municipal Clerk
OHC: A Community Invests in Health and WellnessUpdate to Chester Municipal Council April 8, 2021
2014-2016: $250,000 investment in building campaign 2017: 100% exemption of general property taxes 2018: grant to equip the Walk-In Clinic 2020: Doctor Recruitment & Retention Partnership
Mission: To improve the health & wellness of all people living in the Municipality of Chester and surrounding areas. Vision: A growing, diverse community with a population that is engaged, educated and empowered. Our Health Centre is recognized as the hub for health and wellness.
NS Health •Primary Care Clinic (3 doctors, 1 nurse practitioner, 2 half-time family practice nurses, social worker) •Diabetic Clinic •Mental Health & Addictions, Continuing Care & Public Health•Opioid Use Disorder Clinic•Blood ClinicWalk-In Clinic Other tenants •NS Works/Employment Services•Second Story Women’s Centre/free counselling•The Hearing Specialists •Etc.
Since January 2017 OHC has offered over 50 different programs, info sessions and workshops •IGNITE: Youth Action for Mental Health /Forest Heights•CVITP (Community Volunteer Income Tax Program)•Well Women Clinics •Stress Management •Chronic Pain Self Management •Heads Up for Healthy Brains•Family Caregiver Education Series •Senior Lifestyle Makeover Challenge •RCMP/Living Alone Program•Brain Health & Longevity Planning •Therapeutic Touch •etc
OHC has remained open throughout the pandemic•NS Health clinic on the first floor: sees patients in person and virtually •Walk-in Clinic on second floor: majority of appointments in-person, with virtual appointments offered as needed Community Check-In Program Partnerships Focused on strengthening partnerships with community and other groups: NS Health; Public Health Agency of Canada; Community Wellness Partnership; Chester Interagency; Growing Friends; NOW Lunenburg County; South Shore Housing Action Coalition; NS Association of Community Health Centres; Dalhousie University, etc.
Mental Health Walk-in Clinic Cost estimate: $25,000/year for 2 / 3-hour evening clinics/week Community Nutritionist Cost estimate: $4,000/year for 1 / 3-hour clinic/week Parenting Sessions Cost estimate: $4,000/year for 3 workshops Pre-Natal Sessions Cost estimate: $960/year for 2 sessions, 2 hrs./week for 6 weeksContinue advocating for food security, affordable housing and all the other factors that affect health and wellness.
Tenants ◦NS Health ◦Others Walk-in clinic overhead recovery Grants Memberships OHC Foundation
An annual financial commitment Tell us how we can better serve your constituents Is there anything else you need to know from us? Questions? Thank you
Sherbrooke Lake Baseline Water Quality Program and Toxic Cyanobacteria Monitoring Program 2021
Chester MunicipalityLunenburg MunicipalityPublic AccessSherbrooke Lake
Sherbrooke LakePublic Access
Sherbrooke Lake Stewardship Committee•Decision by MODL Council in 2015 to establish a public access site on Sherbrooke Lake.•This decision was accompanied by widespread public concern about the need to protect the environment of Sherbrooke Lake.•MODL and MOC agreed to establish a Stewardship Committee as per the MOU that was signed in March 2017. •The Committee of 5 members was appointed by respective Councils in summer of 2017. Coastal Action is an exofficio member of the Committee.•Coastal Action was engaged to provide ongoing technical support to the work of the Committee.
Stewardship contd.•MODL/MOC requested Coastal Action design and implement a five-year baseline water quality monitoring program for the lake.•The Committee was also asked to conduct a program on public information concerning the need to protect the lake’s environment.•To date, Councils have funded two baseline WQ surveys over the summers of 2018 & 2019 administered by Coastal Action.•Two report cards and associated technical reports on the state of the lake have also been provided to the public, produced by Coastal Action.•Last summer’s 2020 planned and approved program was not implemented due to COVID restrictions.
Stewardship contd.•The lake monitoring program is conducted monthly by trained teams of volunteers using their own boats from May to October. •Technical support, sampling protocols, and equipment are provided by Coastal Action.•A comprehensive QA/QC program is also managed concurrently by Coastal Action to ensure the validity of results.•Samples are analyzed by the Bureau Veritas Lab in Bedford.
Water Quality Sampling Sites
Results to date:•Sherbrooke Lake is generally healthy; however, the lake remains vulnerable to impacts from human activities such as use of fertilizer, removing shoreline vegetation, and poor septic system maintenance.•No detectable hydrocarbons in lake surface water.•Bacteria levels in lake water are below acceptable levels for water-based recreation. •Lake tributaries do, however, exhibit elevated bacterial counts during periods of high runoff following major rainfall events.
Results contd.•Lake water nutrient levels are in the low to mid-range.•There are elevated levels of some metals in lake bottom sediments including Arsenic, Cadmium, and Mercury, potentially having negative effects on aquatic life.•The recent rapid change in the growth and appearance of algal blooms gives concern about a deteriorating state of water quality and possible human health issues.This issue has brought us to the need for this morning’s presentation.
Blue Green Algae and Cyanobacteria•Algae are a natural component of any lake ecosystem and there are many different kinds.•One form, blue-green algae is often found in association with cyanobacteria.•These bacteria can excrete microcystins which can be toxic.•Determining whether microcystins are present or not is a complicated and expensive process.
Blue Green Algae and Cyanobacteria contd.•There are many contributing factors to the growth of cyanobacteria blooms, but the one humans can influence is the addition of nutrients from lawn fertilizer, faulty septic systems, and farm animal waste into the lake.•Currently the NS Department of Environment and Climate Change relies on public reporting of algal blooms and visual field checks to base their public advisories.
Potential Impacts of Cyanobacteria•Contact in water can cause:•skin irritation and rash•sore throat•sore, red eyes•swelling of the lips•hay fever-like symptoms•Ingesting water containing them can cause:•fever•weakness•headache•diarrhea•liver damage•nausea and vomiting•muscle and joint pain•cramps in the abdomen
July 2019, algae along Sherbrooke Lake shoreline
NS Environment Blue-Green Algae Advisory
Advisories contd.•The advisories are based on observations and not science.•There was no laboratory analysis to determine whether toxic microcystins were in fact present in the 2020 bloom.•The advisory in this case extended for the entire summer season.•Communication of the advisory was only based on a notice on the department’s website.•There was considerable public unease once the information in the advisory circulated through informal means to the public.•The members of the Stewardship Committee were unaware and ill-equipped to address residents' questions.
Moving forward -•The Stewardship Committee has approached the province with a proposal to collaborate on a pilot program developed by Coastal Action to monitor and analyze for the presence of cyanobacteria and any associated toxins in Sherbrooke Lake.•The intent is to improve the scientific validity of any public advisories as well as improving the means of informing the public.•The Committee is also preparing information for the public on this issue including the responsibility that lake users must reduce sources of nutrients to the lake.•The Ministry has indicated their support for the proposal but will be unable to decide about resources before mid April.
Getting it done!•The proposed pilot program would see an increase in the costs of the baseline WQ program of approximately $12 K (the 2018 to 2020 range was $22 – $25 K) and one time $2.7K for the algae probe.•The program will require more volunteer time and associated training.•The program will provide a major improvement in any public advice going forward and will start the process of educating the public about their responsibility in protecting the lake’s aquatic ecosystem.•The Committee will work with Municipal communications staff to raise cottage owner awareness of behaviors that harm vs protect the lake.•The pilot could become a model for how to address this threat to the health of NS lakes.
REQUEST FOR DECISION-DIRECTION
Prepared By: Heather Hennigar Date: March 11, 2021
Reviewed By: Erin Lowe Date March 11, 2021
Authorized By: Tara Maguire Date March 31, 2021
CURRENT SITUATION
Economic Development staff are seeking a decision on the approval of sidewalk cafes/outdoor dining for
Spring, Summer and Fall 2021. Due to the uncertainty of possible restrictions and limitations imposed by
the COVID-19 pandemic this summer, our local restaurants have expressed an interest in the program
being made available again. Depending on the outcome and uptake of the program in 2021, staff will
consider bringing forward options to make this a permanent opportunity for local restaurants.
RECOMMENDATION
Staff are recommending for this year, that we follow the same approval and application process outlined
in the decision last summer, which is to temporarily suspend enforcement of the Land Use By-law.
Furthermore, it is recommended that we lengthen the timeline of the program – from April 15th to
November 15th - given the unpredictability of our weather and potential for warm Spring and Fall
temperatures. Staff are also seeking approval to begin work on a stand-alone By-law to cover 2022 and
beyond, so that businesses need only apply annually for an outdoor dining license.
BACKGROUND
On June 25, 2020, Council passed motion 2020-283: “MOVED by Councilor Barkhouse, SECONDED by
Councilor Church that Chester Municipal Council, in recognition of the ongoing and unprecedented
restrictions and hardships imposed on businesses by the COVID-19 global pandemic, temporarily suspend
enforcement of standard Chester Village Secondary Planning Strategy and Land Use By-Law provisions for
PID 60091402 (59 Duke Street) to allow the use of outdoor space by the two businesses located on the
property (Tanner & C. Brewing and Il Ferramenta). This temporary suspension was conditional upon the
businesses receiving approval form the NS Department of Transportation and Infrastructure Renewal to
operate within the street right-of-way. This temporary suspension of enforcement for this property shall
expire on October 31, 2020. ALL IN FAVOUR. MOTION CARRIED.”
Staff received three applications to participate in the program (Tanner Brewing, Kiwi Café, Il Ferramenta).
Due to the timing and extra financial resources needed to build the outdoor structures and purchase
patio furniture, Il Ferramenta and Kiwi Café opted not to participate. Tanner Brewing had much success
with their patio. Proactive planning now will enable businesses to plan and prepare for next year.
REPORT TO: Municipal Council
MEETING DATE: April 8, 2021
SUBMITTED BY: Corporate and Strategic Management
SUBJECT: Sidewalk Cafes
ORIGIN: Economic Development
2 Request for Decision-Direction
DISCUSSION
Staff are, again, recommending an approach where Council considers requests on an individual basis from
existing businesses. If the business can demonstrate that it meets a basic list of minimum criteria, Council
may, by motion, temporarily suspend enforcement of the Land Use By-law. Under this scenario, the
business would be operating in violation of the Land Use By-law but would be protected by Council’s
agreement to temporarily suspend enforcement. This would allow the business to utilize outdoor space
without application for a Development Permit for the period specified by Council. Following the end date
of the agreement to temporarily suspend enforcement, the business would need to either, remove any
structures and cease using the expanded space, or make an application and be granted a Development
Permit, in full compliance with the Land Use By-law.
The intent for 2021 is to allow use of outdoor space by existing businesses without requiring amendments
to the Municipal Planning Strategy and Land Use By-law. Staff previously discussed the concept with the
Municipal Solicitor in 2020. In addition, staff have reached out to the Nova Scotia Department of
Transportation and Infrastructure Renewal (NSTIR) as well as Alcohol and Gaming to obtain direction on
what is required from the businesses to legally operate the outdoor dining space.
The list of minimum criteria has been created to provide assurance that the operation maintains insurance
coverage, public safety, and that other required approvals (i.e., NSTIR approval required for use of land
within street right-of-way) will be obtained prior to opening. This approach aims to maintain public safety
and accountability, while removing many of the standard Land Use By-law provisions to provide a timely
option for businesses to expand for the current season.
The motion(s) passed by Council will acknowledge the possible restrictions and hardships placed
on businesses during the current pandemic and will temporarily suspend enforcement of Land Use By-law
provisions to allow businesses to use outside space during the Spring, Summer, and early Fall seasons.
This temporary suspension of enforcement is specific to the property and business which is applying and
will include an end date when the expansion must either comply with the Land Use By-law or cease to
operate. This temporary suspension of enforcement will be conditional upon the property or business
owner receiving approval from NSTIR if the expanded business use is within the Street right-of-way.
IMPLICATIONS
Policy
This temporary suspension of enforcement is being proposed due to possible COVID-19 restrictions and
impacts on business activity and operations. The normal process of amending planning policy requires a
formal process which takes 4-6 months to complete and therefore is unable to provide support to
businesses in the near term. Longer term changes to regulations may be considered if desired and would
be implemented by following the standard process for amending policy.
Financial/Budgetary
N/A
3 Request for Decision-Direction
Environmental
N/A
Strategic Plan
Goal 6- Promote conditions conducive to fostering economic prosperity.
Work Program Implications
This temporary program involves the Economic Development Team, Development Officer, Municipal
Engineer and Senior Planner in receiving, reviewing, and presenting each application to Council. The
review by the Development Officer and Engineer has the potential to impact workflow as these reviews
require time and study to confirm the temporary use is acceptable and meets minimum criteria.
Additionally, staff have committed to prioritizing these applications to complete the review and get the
request before Council in as short a time as possible. This may result in a slight to moderate delay to
existing projects and reviews.
Has Legal review been completed? ___ Yes ___ No _X__ N/A
OPTIONS
Option A – Approve the temporary program for 2021 and direct staff to begin working on a stand-alone
By-law.
Option B - Approve the program with additional conditions (please specify).
Option C – Do not approve the program.
ATTACHMENTS
N/A
COMMUNICATIONS (INTERNAL/EXTERNAL)
Continually improve public satisfaction with municipal services.
Ensure sufficient infrastructure is available to best serve our residents and businesses.
Continually reinforce the positive image of the Municipality through leadership in public engagement and
communication.
Promote conditions conducive to fostering economic prosperity