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HomeMy Public PortalAbout2021-07-15_Council_Website Agenda Package Page 1 of 2 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Thursday, July 15, 2021 (following Public Hearing) 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 (15 minutes) 4. MINUTES OF PREVIOUS MEETING 4.1 Council – July 8, 2021. 5. COMMITTEE REPORTS (if any) 6. PUBLIC PRESENTATIONS 6.1 Dr. Ian Spooner presentation (9:30 a.m.) a. April 28, 2021, Report – NS Department of Fisheries and Aquaculture – Investigating Concerns of Marine Finfish Aquaculture Impacts at Bayswater Provincial Park. b. Correspondence dated December 29, 2020, from Minister of Environment to Councillor Veinotte. 6.2 Sue LeBlanc, Chester Art Centre (10:30 a.m.) re: Sculpture and Motion Festival from July 24th to August 12th. 7. MATTERS ARISING 7.1 Staff Report #3 – Community Development & Recreation Department – Amendment to Chester Village Land Use By-Law to permit and regulate Drive-through Menu Board Signs in the Chester Village Land Use By-Law. 7.2 Request for Direction prepared July 7, 2021 – Infrastructure and Operations – Wastewater Service Study – Addition of Mill Cove/Hubbards and Simms Settlement. 7.3 Request for Decision prepared June 24, 2021 – Infrastructure and Operations – Excavator Replacement for Kaizer Meadow. Page 2 of 2 7.4 Request for Direction prepared June 9, 2021 – Infrastructure and Operations – Leachate Treatment Plant Upgrade at Kaizer Meadow Landfill – Phase 2 Equalization Lagoon (material to be circulated). 8. CORRESPONDENCE 8.1 Correspondence dated June 30, 2021, from Brent Hubley requesting a Development Agreement for 20 Venture Avenue, Mill Cove. 8.2 Email of July 9, 2021, and poster from Kelly Cove Salmon Ltd. regarding open houses on proposed boundary amendments at salmon farming sites in Nova Scotia. 8.3 Correspondence dated May 18, 2021, from Kelly Cove Salmon Ltd to Councillor Veinotte. 8.4 Copy of email forwarded to Councillor Veinotte regarding request to add Mi’kmaw names to municipal signage. 9. NEW BUSINESS 9.1 Request for Decision prepared June 28, 2021 – Community Development and Recreation Department – New Road Name Assignment – Copperhead Rd, Harriston. 10. IN CAMERA 11. ADJOURNMENT APPOINTMENT TIMES 8:45 a.m. Public Hearing 9:30 a.m. Dr. Ian Spooner Shanna Fredericks, Coastal Action 10:30 a.m. Sue LeBlanc, Chester Art Centre 237 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of COUNCIL MEETING 151 King Street, Chester / Facebook Live, NS On Thursday, July 8, 2021 MEETING CALLED TO ORDER Warden Webber called the virtual meeting to order at 8:46 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 Chad Haughn, Director of Community Development and Recreation Solicitor: Samuel Lamey, Municipal Solicitor APPROVAL OF AGENDA/ORDER OF BUSINESS Addition:  Mayors and Wardens – Warden Webber.  Church Memorial Park – Councillor Church.  Facebook Page – Councillor Church.  Flag Inquiries – Councillor Assaff.  Aaldersville Sign – Councillor Connors. 2021-275 MOVED by Councillor Church, SECONDED by Councillor Barkhouse the agenda and order of business for the July 8, 2021, Council meeting be approved as amended. ALL IN FAVOUR. MOTION CARRIED. Council (continued) July 8, 2021 238 PUBLIC INPUT SESSION Present was Carol Nauss, Chester Municipal Heritage Society with a special artifact – a wine glass – she asked Councillors to think about what it might be. Mrs. Nauss updated Council on the Canada Day plans which were postponed to later in the summer, use of the Canada Day video, an upcoming yard sale, sink holes at the Train Station, signage space offered to the village merchants, number of visitors in the Train Station in 2020 (6,000), opening of Lordly House by appointment only due to sanitization of the artifacts, use of Lordly Park, municipal signage suggested to tell people what the municipality does, request for a port-a-potty at the Train Station location, and the ACOA grant the Society is are applying to reinstate the boarding and loading platforms. She then told Council the story of the wine glass – a box of six were found floating in the bay during the war in a wooden box and it was determined the wine glasses came off a German submarine. It is high end German glass and that is what is special about the wine glass shown to Council. The portable washrooms and plans for installation of eco-friendly toilets were discussed as well as the project being undertaken by the Society. It was agreed to prepare a letter of support for the Society to send along with their application. 2021- 276 MOVED by Councillor Barkhouse, SECONDED by Councillor Church that Council approve the location of a port-a-potty at the Train Station location for use by the public. ALL IN FAVOUR. MOTION CARRIED. MINUTES OF PREVIOUS MEETINGS 4.1 Council – June 24, 2021. 2021-277 MOVED by Councillor Barkhouse, SECONDED by Councillor Church the minutes of the June 24, 2021, Council meeting be approved as circulated. ALL IN FAVOUR. MOTION CARRIED. COMMITTEE REPORTS 5.1 Mayors and Wardens Meeting – Warden Webber Council (continued) July 8, 2021 239 Warden Webber outlined the two items on the agenda – solar gardens and affordable housing. It was noted that the province is considering changes to solar garden regulations which would allow more properties to use one solar garden. Affordable housing was discussed as well, and it was noted that the Municipality of the District of Lunenburg will be hosting a community workshop in the fall and the intent is to have someone there from Housing ad well as CMHC to raise awareness about programs available for developers and not-for-profits. A brief discussion was held regarding affordable housing, plans for particular geographic areas rather than the entire province, needs assessments, financing, infrastructure, types of housing stock needed, municipal control over zoning and infrastructure, opportunities to improve the amount of housing stock, and secondary housing in zones. 5.2 Church Memorial Park – Councillor Church Councillor Church updated Council on Church Memorial Park’s progress on staffing, human resource program, and succession planning required. PUBLIC PRESENTATIONS There were no public presentations. MATTERS ARISING 7.1 Request for Decision prepared June 29, 2021 – Infrastructure and Operations – J Class Paving Program (2021). Present were Christa Rafuse, Director of Infrastructure & Operations and Kavita Khanna, Assistant Director of Infrastructure & Operations. The Assistant Director reviewed the costs as well as the 15% contingency included. Although the cost has increased, the share is still 50/50 with the NS Department of Transportation and Active Transit. 2021-278 MOVED by Councillor Veinotte, SECONDED by Councillor Barkhouse that Council approve the revised expenditure not exceeding $147,512.50 net HST, including 15% Council (continued) July 8, 2021 240 contingency, for the Municipality of the District of Chester’s estimated portion for paving J Class roads in the Municipality as follows:  Pleasant Street (from Central Street to King Street); and  Union Street (from Brunswick Street to King Street). ALL IN FAVOUR. MOTION CARRIED. 7.4 Verbal Update – Infrastructure and Operations – Traffic Study. The Assistant Director updated Council on the Traffic Study that has started for the Village of Chester and Hubbards. Counters are going up and the public engagement will begin soon. She invited questions. Councillor Barkhouse asked if the NS Department of Transportation and Active Transit has indicated when they will be able to clean up the Japanese Knotweed in the Village and the Assistant Director indicated that she has not received an update. 7.2 Request for Direction prepared June 10, 2021 – Infrastructure and Operations – Kaizer Meadow Landfill – Design of Cell 3B (2021/22 Capital Work Program). Christa Rafuse, Director of Infrastructure and Operations reviewed the June 10, 2021, commenting on the lifespan, transition to Sustane, length of time for design work, and the spring construction. It was also noted that CBCL has been an integral part of the consultation and construction and would like to propose alternative procurement for the design of Cell 3B with CBCL. She felt it was urgent at this point to get construction completed for next year. The budget of estimated costs for design is $75,000 and construction is $3.75 million. 2021-279 MOVED by Councillor Barkhouse, SECONDED by Councillor Church that Council approve work to proceed with the design and tender of Cell 3B at Kaizer Meadow Environmental Management Centre and award the cell design to CBCL Ltd. Not exceeding $75,000 (excluding HST). ALL IN FAVOUR. MOTION CARRIED. 7.3 Request for Direction prepared June 9, 2021 – Infrastructure and Operations – Leachate Treatment Plant Upgrade at Kaizer Meadow Landfill – Phase 2 Equalization Lagoon. This item was deferred to an upcoming meeting. Council (continued) July 8, 2021 241 CORRESPONDENCE There were no items of correspondence for review. NEW BUSINESS 9.1 Request for Decision prepared June 29, 2021 – Community Development and Recreation – Designated Community Fund Request – Chester Tennis Club - $9,350. Chad Haughn, Director of Community Development and Recreation outlined the request for the funding and ability to issue tax receipts for donations toward the Chester Tennis Club. 2021-280 MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff that Council approve a Designated Community Fund Grant to the Chester Tennis Club in the amount of $9,350, equivalent to the amount of funds collected. ALL IN FAVOUR. MOTION CARRIED. 9.2 Emergency Assistance Grant Requests from Community Facilities: a) Canaan and District Hall Association - $5,000. b) Chester Art Centre - $4,000. c) District No. 1 Community Centre - $1,000. d) East Chester Recreation Association - $5,000. e) Hubbards Area Lions Club - $1,000. f) Integrity Haven Equine Rescue Centre - $1,000. g) New Ross Farmers Association - $1,000. h) Royal Canadian Legion Branch 144 Western Shore - $1,000. i) Royal Canadian Legion Branch 79 New Ross - $1,000. j) Royal Canadian Legion Branch 88 Chester Basin - $5,000. k) Sherbrooke Lake Camp - $2,000. l) Through the Years Day Care and Community Centre - $1,000. m) Western Shore & Area Improvement Association - $1,000. 9.3 Emergency Assistance Grant Request from Group without a Facility: a) Chester Castaways Jr C Hockey Club - $2,000. Present was Chad Haughn, Director of Community Development and Recreation to review the requests in sections 9.2 and 9.3 regarding Emergency Assistance Grants. Council (continued) July 8, 2021 242 2021-281 MOVED by Councillor Veinotte, SECONDED by Councillor Assaff that the following Emergency Assistance Grants be approved:  Canaan and District Hall Association - $5,000.  Chester Art Centre - $4,000.  District No. 1 Community Centre - $1,000.  East Chester Recreation Association - $5,000.  Hubbards Area Lions Club - $1,000.  Integrity Haven Equine Rescue Centre - $1,000.  New Ross Farmers Association - $1,000.  Royal Canadian Legion Branch 144 Western Shore - $1,000.  Royal Canadian Legion Branch 79 New Ross - $1,000.  Royal Canadian Legion Branch 88 Chester Basin - $5,000.  Sherbrooke Lake Camp - $2,000.  Through the Years Day Care and Community Centre - $1,000.  Western Shore & Area Improvement Association - $1,000.  Chester Castaways Jr C Hockey Club - $2,000. ALL IN FAVOUR. MOTION CARRIED. 9.4 Appointment of Building Inspector if required (Joint Services). Present was Chad Haughn, Director of Community Development and Recreation who reviewed the background of cross appointing building officials with the Municipality of the District of Lunenburg (MODL) as per the shared service agreement in place. If MODL needs assistance or our municipality requires assistance the building inspectors can conduct inspections in both municipalities. With the resignation of the Fire/Building Official, we now have only one building official and may need to request assistance from MODL with inspections. 2021-282 MOVED by Councillor Barkhouse, SECONDED by Councillor Veinotte that Council appoint Ryan Whynot as Building Official to administer and enforce the Nova Scotia Building Code Act and Regulations. It is further approved that Council appoint Ryan Whynot as Special Constable for the purpose of administering the Municipality of the District of Chester’s Building By-law, the Nova Scotia Building Code Act and Regulations and the Dangerous and Unsightly Premises Regulation pursuant to Section 234 of the Nova Scotia Municipal Government Act. ALL IN FAVOUR. MOTION CARRIED. 9.5 Facebook Page – Councillor Church. Council (continued) July 8, 2021 243 Councillor Church received emails from constituents concerned about the promotion of the sale of businesses within the Municipality and they asked if it were ethical to promote a sale by a commercial business as it could be perceived as favouring businesses. She also indicated that she was made aware of something on the internet – a Wikipedia site – that made its way to Facebook. The comments in the Wikipedia article about the community of Windsor Road were very negative and derogatory. She was not sure if there was anything that could be done about the comments on Wikipedia. Councillors voiced concerns about posting the real estate posts but thought it may have been connected to the Invest Chester website. It was agreed that if real estate was to be advertised there should be a policy. 9.6 Flying Flags – Councillor Assaff. Councillor Assaff had a request inquiring if the Indigenous flag could be flown at Wild Rose Park. After discussion, it was agreed that the Flag Raising and Protocol Policy P-102 needs to be reviewed as when it was drafted it did not likely include locations other than 151 King Street. The Deputy CAO indicated that it needs to be determined if we consider the pole at Wild Rose Park to be a community flagpole or not. It was agreed to review the policy, and in the meantime, the organization is encouraged to make application to fly the flag at the Municipal Building for two weeks as per the Flag Raising and Protocol Policy. 9.7 Aaldersville Sign – Councillor Connors. Councillor Connors indicated that approximately 2.5 years ago the Aaldersville sign was down, and she reached out to the NS Department of Transportation to have it replaced. They followed up with a spelling question – Aaldersville or Aldersville – and municipal staff sent a petition to community members regarding the support of the correct spelling. As well, the MLA sent a letter of support. This was approved by Council. On June 24th she was returning home from the Council meeting and noticed that het sign had been replaced BUT it had the incorrect spelling. She is not quite sure what to do … stay tuned. Council (continued) July 8, 2021 244 9.8 Use of former Gold River School Property – Councillor Assaff. Councillor Assaff indicated that the Together We Can Community Association has partnered with the Chester United Soccer and are hosting the U9 games to use the park on Wednesday evenings. It is nice to see it being used. A ten-minute break was held. 9.9 J Class Roads – Deputy Warden Shatford Deputy Warden Shatford requested a listing of the J Class roads for each district in the Municipality. IN CAMERA 10.1 Municipal Government Act Section 22(2)(c) – Contract Negotiations. 2021-283 MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff the meeting convene In Camera as per Section 22(2)(e) of the Municipal Government Act regarding Contract Negotiations. ALL IN FAVOUR. MOTION CARRIED. Following a brief meeting held “In Camera, the meeting reconvened with all members present. ADJOURNMENT 2021-284 MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff the meeting adjourn. (10:42 a.m.) ___________________________ ___________________________ Allen Webber Pamela Myra Warden Municipal Clerk Investigating Concerns of Marine Finfish Aquaculture Impacts at Bayswater Beach Provincial Park, NS Nova Scotia Department of Fisheries and Aquaculture April 28, 2021 2 Acknowledgements The Nova Scotia Department of Fisheries and Aquaculture would like to acknowledge the following individuals and organizations for their contributions toward this initiative: Dr. Ian Spooner (Acadia University); the Centre for Marine Applied Research; Queen’s University facility for isotope research (QFIR) laboratory in Kingston, Ontario; Fisheries and Oceans Canada – Aquaculture Management; Fisheries and Oceans Canada – Aquaculture Science; Nova Scotia Department of Lands and Forestry, and Nova Scotia Department of Environment and Climate Change. Summary The Nova Scotia Department of Fisheries and Aquaculture (NSDFA) set out to address concerns raised by residents of Bayswater, Nova Scotia that the nearby marine finfish aquaculture operation, (AQ#1006) was the source of organics decomposing on Bayswater Beach Provincial Park (Bayswater Beach), resulting in the production of black sediment and sulphurous odours. A focused sediment composition study at Bayswater Beach, Nova Scotia was initiated in November 2020. This study was conducted to characterize the composition of sedimentary organic matter (SOM) on Bayswater Beach and compare with marine sediment samples collected from underneath nearby aquaculture pens. The suite of qualitative (visual indicators) and quantitative indicators (oxidation-reduction potential, free sulfide concentration, porosity, and organic matter) used to assess seafloor sediment conditions for Nova Scotia’s Environmental Monitoring Program were measured at regular intervals along two (2) transects beginning at the southwestern edge of lease AQ#1006 and extending toward Bayswater Beach. Sediment samples collected from Bayswater Beach and the marine environment were analyzed for carbon and nitrogen isotopes (13C, 15N) at the Queen’s University facility for isotope research (QFIR) laboratory in Kingston, Ontario. The beach area was also investigated from a geomorphological and limnological perspective to provide further insight into possible sources of SOM on Bayswater Beach. Visual and geochemical analyses performed by NSDFA suggest that discernable environmental impact resulting from aquaculture related organic deposition was relatively low in the area adjacent to and immediately surrounding AQ#1006. Evidence of environmental impact, based on the parameters assessed, was seen to dissipate with increasing distance from the lease boundary, suggesting that the transport of organic materials resulting from finfish production is limited to a relatively small area around AQ#1006. Comparison of stable C-N isotope signals in SOM collected from the beach and near-lease benthos suggest that the organic materials found at these environments do not appear to share a common source. Historical, visual, and geomorphological assessments of the beach and its surrounding area offer the suggestion that SOM accumulation on the beachfront may be influenced by input from the connected Bayswater Pond and significant levels of macrophytic algae present locally. 3 Background Bayswater Beach (44°30'12.7"N 64°03'57.9"W) is a relatively small beach-back beach lagoon complex located near Hubbards, on the Aspotogan Peninsula, in southwest Nova Scotia. The beach is a popular summer tourist destination and hosts a small provincial park with a picnic area with a view of the open ocean. Change rooms and toilets are available in the picnic area (Appendix A). AQ#1006 is an aquaculture lease located in Aspotogan Harbour approx. 1 km from Bayswater Beach. This lease has cultured Atlantic salmon since its acquisition by Kelly Cove Salmon Ltd. in 1999. The site has had varying levels of production throughout its history. During the most recent production cycle, the maximum biomass (total kg of fish on site) reached a level approximately 75% as high as the historical peak production seen at AQ#1006. (Fig. 1). Figure 1. Relative historical biomass (kg) of Atlantic salmon grown at AQ#1006 between 2005 and 2020. 2005 2007 2009 2011 2013 Year 2015 2017 2019 % of Maximum Biomass (kg) 4 Concerns were raised by a member of the public close to Bayswater Beach starting in February 2020 that material from AQ#1006 “…is mixing with the beach ecosystem and has been accumulating on Bayswater Beach over the last 25 years”. The complainant reported that “black sediment and odorous, hydrogen sulfide gas is present along Bayswater Beach” and expressed concern that “…these conditions could have been a result of the 25 years of Salmon farming directly off the beach and they could reoccurr next summer”. Since the initial concerns were voiced by the complainant in early 2020 there has been regular correspondence regarding the topic both within the department, to outside agencies, and to the complainant. To our knowledge the Nova Scotia Department of Environment and Climate Change (NSECC) have conducted a minimum of three beach visits following complaints: two visits by an Environment Inspector and one by a Conservation Officer. An additional beach visit was conducted by Nova Scotia Lands and Forestry (NSL&F) to follow up on concerns. During these visits, no evidence was found directly associating the condition of the beach with the operation of aquaculture site AQ#1006. Following these inspections, the complainant continued to express concern regarding the condition of the beach through emails and phone calls to various departments. In response, a working group was established in 2020 consisting of representatives from NSDFA, NSL&F, NSECC, Fisheries and Oceans Canada (Aquaculture Management and Aquaculture Science), the Center for Marine Applied Research (CMAR), and Acadia University. The working group proceeded to share information and collaborate on an empirical approach to investigate the origins of sedimentary organic matter (SOM) on Bayswater Beach, with the intent to infer if any organics encountered were linked to the operation of AQ#1006. 5 Sampling Events and Methodologies Following the establishment of the working group, Dr. Ian Spooner, Environmental Geoscientist in the Earth and Environmental Science Department at Acadia University, was engaged to investigate the geomorphological and limnological environment surrounding Bayswater Beach. In November 2020 Dr. Spooner conducted an exploratory visit to Bayswater Beach to assess its morphology. From this visit, it was determined that “Bayswater Beach is a relatively small and narrow, moderate to high energy, mesotidal barrier beach that has a fine siliceous sand veneer. Coarse cobbles underlie this veneer. A small, engineered outlet stream exits from Bayswater Pond, crosses underneath Route 329 and then, as of fall 2020, bisects the beach.”. It was further noted that “No obvious deposits of sedimentary organic matter (SOM) other than beach wrack were observed on the surface of the beach…” and that “…some subtle sediment discolouration was noted in a cross section of the beach exposed by the outlet stream from Bayswater Pond” (Appendix A). On December 9, 2020, NSDFA staff conducted sediment sampling along two transects between AQ#1006 and Bayswater Beach (Fig. 2). The intent of this sampling event was to assess whether there was evidence of farm- derived organics being dispersed away from the farm in the direction of Bayswater Beach, as well as to collect marine sediments for comparative analysis with beach sediments. Figure 2. Locations of beach sampling stations (BWB1 – BWB4) and marine transect sampling stations between aquaculture lease AQ#1006 and Bayswater Beach (S1 – S14). Inset showing the location of an outlet stream flowing between Bayswater Pond and the southwestern end of Bayswater Beach. 6 Sediment samples were collected using a 9” Ponar dredge and were analyzed by NSDFA on December 10th, 2020 for various quantitative indicators of benthic health. Samples were collected from the top 2 cm of the collected sediment, and were analyzed for mean concentration of free sulfide, oxidation-reduction potential (redox), porosity and organic matter using the methodologies described in the Standard Operating Procedures for the Environmental Monitoring of Marine Aquaculture in Nova Scotia (PNS, 2020A). In addition to this geochemical analysis conducted on the sediment samples, a qualitative visual assessment was conducted at each station to identify indicators of non-oxic conditions, such as Beggiatoa. A total of 14 stations were assessed for visual indicators of organic deposition and dispersion using an underwater video camera. Thirteen (13) stations yielded useable sediment for quantitative analysis, in triplicate, along with additional samples for isotopic analysis (Fig.2). The top 2 cm of the sediment samples collected from stations closest to the lease boundaries (Fig. 3D) were analyzed for their carbon (C) and nitrogen (N) isotopic (13C, 15N) composition (called C-N analyses) to characterize the organic fraction in these sediments. On January 16, 2021, 4 sediment samples were retrieved from Bayswater Beach, Nova Scotia for the purpose of better understanding the composition and potentially the source of SOM, if present, in the sediment. One sediment sample was obtained at 15 cm depth from surface from the stream cut in the beach. Three samples were obtained from test pits dug to 75 cm depth at three locations along the beach (Fig. 3A). Test pits encountered coarse SOM at approximately 50 cm depth that was underlain by a thin (5 cm) dark discolored layer that contrasted with the white sand (Fig.3 B, C). The samples taken for analyses from the test pits were from a 5 cm thick portion of this discolored sediment. No samples were taken from the overlying or underlying white sand. Four sediment samples obtained from this beach sampling (1 from the stream cut and 3 from test pits), along with the sediment samples obtained by NSDFA on December 9th, 2020, were prepared for C- N analyses. Samples were kept under 4°C and transported to Acadia University where they were freeze dried for 48 hours and lightly crushed with a mortar and pestle to reduce the size of any coarse SOM. The samples were then transferred to analyses containers which were labelled and refrigerated until they were sent to Queens University QFIR lab for C-N isotope analyses on March 1st, 2021 (Fig. 3D) (Appendix A). On March 16, 2021, Dr. Spooner produced an interim update, summarizing his efforts and observations to date. This document has been included as an Appendix and is referenced throughout this report. 7 Figure 3: Sediment collection at Bayswater Beach. A) 75 cm deep sample pit from which samples BWB S1 and S2 were obtained. B) Close up picture of pit shown in A. Sample for analysis was at 50 cm depth. C) Close up image of sample BWB S2 showing dark staining below coarse SOM (All photos taken on 1/16/2021) D) Image of samples after drying prior to C N isotopic analyses. Samples BWB S1, S2, S3, S4 are from Bayswater Beach, samples BWB 1-1, 2-1, 3-1, 4-1 and BWB13-1, 14-1 were taken from marine sediment associated with the aquaculture site. 8 Results Visual Assessment All video footage collected during the December 9, 2020 sampling event was reviewed by NSDFA staff to classify general benthic conditions and to assess the seafloor for visual indicators of degraded benthic health associated with local aquaculture production (e.g., waste feed, excess feces, Beggiatoa, etc.). Beggiatoa is a sulfate reducing bacteria that thrives in low oxygen environments. As organic input (such as waste food or feces) is deposited in the marine environment near an aquaculture lease the microbial activity and biological oxygen demand (BOD) will likely increase, leading to a low oxygen environment that is conducive to increased levels of Beggiatoa. A variety of sediment conditions were observed over the length of the transects, with fine sand and silt found nearest to the lease, rocky, seaweed covered benthos at stations near the Hubleys Point outcropping, and coarser sand at stations nearest to the beach (Fig. 4). Trace evidence of Beggiatoa bacteria were observed at Station 1, directly adjacent to the southmost cage at AQ#1006; no other visual indicators of environmental impact were apparent at any of the remaining stations. Figure 4. Still images captured from underwater video footage recorded at A) Station 1 B) Station 7, C) Station 9 and D) Station 10. 9 Sulfide Concentration NSDFA’s Environmental Monitoring Program (EMP) dictates that the primary environmental indicator used to assess the benthic health at a soft bottom monitoring station is the mean concentration of free sulfide in the sediment. The use of mean sediment sulfide to classify the environmental quality of a soft bottom aquaculture station or lease is based on recommendations made in Wildlish et al. (1999). Elevated levels of sulfide can result from increased input of organic materials into a system as microbial activity and subsequent BOD increase. Sediment is generally considered to be hypoxic when sulfide concentrations reach 1500 micromoles per litre (µM). Analysis of the sediments collected during the December 9, 2020 sampling event revealed a negative correlation between distance from the aquaculture site and sediment sulfide concentration (Fig. 5). The highest average sulfide values were observed at the four stations nearest to AQ#1006, though readings at all stations were at a level that would be considered oxic according to the NSDFA EMP (PNS, 2020B). Figure 5: Average sulfide concentration (µM) (n=3) at marine transect sampling stations. Station distance is measured from Station 1 (m) which was within the lease boundaries of AQ#1006. Linear trendline is displayed. 10 Redox Potential The redox potential of a system is indicative of its capacity for oxidation and is often used as a proxy measurement for the availability of oxygen with a sediment. Lower (or negative) values are associated with possible environmental impacts and are known to be correlated with elevated sediment sulfide concentrations. Within the NSDFA EMP (PNS, 2020B), sediment is considered to be showing signs of hypoxic conditions when redox measurements fall below -50 mVNHE. The minimum average redox value observed from marine transect samples was 113.93 mVNHE at Station 4, located approximately 150 meters from Station 1 (cage edge). Average redox values were seen to increase with relative distance from the aquaculture site (Fig. 6), with all stations further than 500 meters away exceeding 300 mVNHE. Figure 6: Average redox potential (mVNHE)(n=3) at marine transect sampling stations. Station distance is calculated from Station 1 (m) which was within the lease boundaries of lease #1006. Linear trendline is displayed. 11 Porosity and Organic Matter Porosity is the percentage of void space within any material that can contain fluids and is an indirect measure of grain size. Additionally, it is used to detect changes in sediment consistency which may be influenced from organic deposition from aquaculture leases (PNS, 2020A). Sediments with high porosity typically have higher levels of organic content. The minimum average porosity observed from marine transect samples was 20.37% at Station 9, the station furthest from the lease boundaries. Average porosity values were seen to decrease with relative distance from the aquaculture site (Fig. 7). Figure 7: Porosity (%) (n=3) at marine transect sampling stations. Station distance is calculated from Station 1 (m) which was within the lease boundaries of lease #1006. Linear trendline is displayed. 12 Percent Organic Matter (%) is the portion of sediment that is of plant or animal origin and it acts as a measure of organic loading. POM decreases with relative distance from the aquaculture site (Fig.8). The minimum average POM % observed from marine transect samples at Station 9 (0.82%), the station furthest from the lease boundaries. Figure 8: Percent Organic Matter (%) (n=3) at marine transect sampling stations. Station distance is calculated from Station 1 (m) which was within the lease boundaries of lease #1006. Linear trendline is displayed. 13 Stable Isotopes Isotopic signals, resulting from the relative abundance of particular stable forms of carbon and nitrogen, can be used to identify complex ecological interactions and relationships. Such analyses have been used to investigate the dispersion area of waste material from aquaculture activities by comparing isotopic signals from fish feed and faeces to those found in surrounding sedimentary organic material (Sara et al., 2004). Similarly, in this investigation C-N ratios are compared between sediments collected at Bayswater Beach and near to AQ#1006. Stable isotope analysis was conducted on benthic samples from marine transect stations 1, 2, 3, 4, 13 and 14 as well as beach samples, BWB 1, BWB 2, BWB 3 and BWB 4 (Fig. 9). Beach sample BWB 3 had insufficient abundance of carbon and nitrogen for analysis. Stable isotope analysis results of individual locations are presented in Figure 9 and mean isotopic ratios for beach and benthic samples in Figure 10. Figure 9. Nitrogen and carbon stable isotope ratios at individual locations 14 Figure 10. Mean beach and benthic stable isotope ratios of nitrogen and carbon. Error bars indicate +/- one standard error. 15 Conclusion Results from geochemical and visual assessment of sediments at Bayswater Beach, aquaculture site AQ#1006 and from the adjoining bay area appear to consistently show similar trends. For all four quantitative analyses performed on collected marine sediments, sampling stations located at or immediately adjacent to the aquaculture site returned the values most indicative of environmental impact. Mean concentration of sulfide (Fig. 5), porosity (Fig. 7) and organic matter prevalence (Fig. 8) were all highest and redox potential (Fig. 6) was lowest at stations near the lease. Despite this, sediment at all stations, including those at and near the lease, would be considered relatively unimpacted and would be classified as oxic under the NSDFA’s Environmental Monitoring Program criteria. Comparison of near AQ#1006 stations to those further from the lease area reveals what relatively limited signs of impact are present at AQ#1006, quickly dissipate with distance from the lease boundary. Stations at distances greater than 300 meters exhibit virtually no signs of excess organic enrichment from any source. These results suggest that any environmental impacts related to organic deposition from AQ#1006 is limited to the immediate proximity of the lease area and that transport of sufficient amounts of organic material from the site to the larger surrounding area does not appear to be occurring. This conclusion is further supported by the results of direct observation of the seafloor along the study transects. Visual indicators that would typically be associated with excess deposition of sedimentary organic matter were not observed at any of the marine sampling stations beyond the lease boundary. The comparison of the relative abundance of stable carbon and nitrogen isotopes between sediments from near-site and beach stations was intended to identify any potential similarity in the organic composition of SOM between the two locations. Analyses conducted by Queen’s University Facility for Isotope Research (QFIR) laboratory demonstrated a relatively broad range of results across individual stations, though adjacent sampling locations did appear to show similar isotopic signatures. The grouping of individual stations (Fig. 9) as well as the beach and benthic group mean values (Fig. 10) appear to indicate no significant overlap in isotopic signals between the SOM present at Bayswater Beach and that present adjacent to AQ#1006. This result further suggests that any excess organic materials that appear to be resulting in hypoxic or anoxic conditions at Bayswater Beach are not the result of ongoing finfish production at aquaculture site AQ#1006. In addition to collecting beach sediment samples, Dr. Spooner’s examination of the beach and surrounding area from a geomorphological and limnological perspective has provided some insight into possible sources of SOM at Bayswater Beach. In his interim update (Appendix A) he notes a cursory investigation into the composition of the Bayswater Pond, an outflow of which bisects the beach, resulted in the collection of “highly organic” and “likely…anoxic” sediment. Dr. Spooner also cites a 2013 Nova Scotia Health and Wellness news release stating: “Department of Environment inspectors believe that natural conditions in a nearby pond (Bayswater Pond) are contributing to elevated bacteria counts. Tidal action may also be playing a role in bringing bacteria from the pond to the beach through a shallow stream. Inspectors have not found any obvious signs of human activity contributing to the high bacteria counts. The bacteria of concern are not coming from fish. These bacteria only come from warm-blooded animals”. Anecdotal observations from Dr. Spooner, NSDFA field staff and from available satellite imagery make note of significant accumulations of macrophytic wrack along Bayswater Beach at various times. Large macrophyte beds were also observed in several video recordings at near-shore stations along the sampled transects. 16 Transport, and decomposition of such organic material at the beach could contribute to significant organic loading and SOM accumulation (van Erk et al, 2020). References Province of Nova Scotia (PNS) 2020A. Standard Operating Procedures for the Environmental Monitoring of Marine Aquaculture in Nova Scotia. Province of Nova Scotia (PNS). 2020B. Environmental Monitoring Program Framework for Marine Aquaculture in Nova Scotia. Sara, G. Scilipoti, D., Mazzola, A., and Modica, A. 2004. Effects of fish farming waste to sedimentary and particulate organic matter in a southern Mediterranean area (Gulf of Castellammare, Sicily): a multiple stable isotope study (δ13C and δ15N). Aquaculture. 234, Pages 199-213. van Erk, M.R., Meier, D.V., Ferdelman, T., Harder, J., Bussmann, I. and de Beer, D. 2020. Kelp deposition changes mineralization pathways and microbial communities in a sandy beach. Limnol Oceanogr, 65: 3066- 3084. Wildish, D.J., Akagi, H.M., Hamilton, N. and Hargrave, B.T. 1999. A recommended method for monitoring sediments to detect organic enrichment from mariculture in the Bay of Fundy. Can. Tech. Rep. Fish. Aquat. Sci. 2286: iii + 31 p. 17 Appendix A Bayswater Beach, Nova Scotia sediment sampling program Interim Report Prepared for: Gregor Reid, PhD Director, Centre for Marine Applied Research Perennia Food and Agriculture PREPARED BY: Ian Spooner, Ph.D., P. Geo. (077) Acadia University, Wolfville, Nova Scotia March 16, 2021 18 Bayswater Beach Nova Scotia Sediment analyses Prepared for: Gregor Reid, PhD Director, Centre for Marine Applied Research Perennia Food and Agriculture Prepared by: Ian Spooner, Ph.D. P.Geo. (077) Ian Spooner, Ph.D. P.Geo. (077) 19 Table of Contents 1.0 Summary 2.0 Background 3.0 Progress 4.0 Methods 5.0 Work Plan 6.0 Disclaimer 7.0 Figures 8.0 References List of Figures Figure 1: Site location diagram. Figure 2: Sample pit BWB S2. Figure 3: Sample pit BWB S2 showing SOM. Figure 4: Close up of sample BWB S2 showing coarse SOM with dark staining. Figure 5: Image of samples prior to being shipped to the QFIR Laboratory. 20 1.0 Summary A focused sediment composition study at Bayswater Beach, Aspotogan Peninsula, Nova Scotia was initiated in November 2020 and is ongoing. This study is being conducted to characterise the composition of sedimentary organic matter (SOM) on Bayswater Beach and compare this to sediment samples taken from underneath nearby aquaculture pens that contain SOM. Both the Bayswater Beach and marine sediments are being analyzed for carbon and nitrogen isotopes (13C, 15N) at the Queen’s University facility for isotope research (QFIR) laboratory in Kingston, Ontario. The site was also investigated from a geomorphological perspective to provide insight into possible sources of SOM on Bayswater Beach. This study is ongoing, and the sediment samples are presently being analyzed at QFIR with results expected soon. 21 2.0 Introduction Bayswater Beach (44°30'12.7"N 64°03'57.9"W) is a relatively small beach-back beach lagoon complex located near Hubbards, on the Aspotogan Peninsula, southwest Nova Scotia. The beach is a popular summer tourist destination and hosts a small provincial park with a picnic area with a view of the open ocean. Change rooms and toilets are available in the picnic area. Water quality at Bayswater Beach is typically sampled weekly from July 1st to September 1st. Of note are periodic closures of the beach due to high bacteria levels (https://www.theswimguide.org/beach/5553). The Lifesaving Society of Nova Scotia has noted that the small stream which bisects the beach “can experience poor water quality and will be posted if it is unsafe” (https://www.lifesavingsociety.ns.ca/index.php/bayswater). In August 21, 2013, The Province of Nova Scotia (Health and Wellness) reported that “Department of Environment inspectors believe that natural conditions in a nearby pond (Bayswater Pond) are contributing to elevated bacteria counts. Tidal action may also be playing a role in bringing bacteria from the pond to the beach through a shallow stream. Inspectors have not found any obvious signs of human activity contributing to the high bacteria counts. The bacteria of concern are not coming from fish. These bacteria only come from warm-blooded animals” (https://novascotia.ca/news/release/?id=20130821006) On November 21, 2020, I. Spooner visited Bayswater beach to carry out an initial geomorphological examination of Bayswater Beach and Bayswater pond on the request of Dr. Gregor Reid, Director, of the Centre for Marine Applied Research, Perennia Food and Agriculture. This investigation was initiated to address citizen complaints about a sulfide smell at a beach. Photographs taken by concerned citizens indicated the presence of dark coloured sediment on the beach, the composition and source of which is unknown. No obvious deposits of sedimentary organic matter (SOM) other than beach wrack were observed on the surface of the beach, some subtle sediment discolouration was noted in a cross section of the beach exposed by the outlet stream from Bayswater Pond. On January 16, 2021, 4 sediment samples were retrieved from Bayswater Beach, Nova Scotia for the purpose of better understanding the composition and potentially the source of SOM, if present, in the sediment. The sediment samples obtained on January 16, 2021 are being analysed for their C and N isotopic (13C, 15N) composition (called C-N analyses) to characterize the organic fraction in these sediments and possibly determine the source of any SOM in the 22 samples. Sediment samples were also collected from benthic transect surveys beginning immediately adjacent to the fish cages and heading towards the beach, by the Nova Scotia Department of Fisheries and Aquaculture (NSDFA) on December 09, 2020. This was done to both characterise the isotopic composition of SOM at the site and for comparison to SOM composition of the samples collected from the beach sediments. Stable isotope C-N analyses can reveal complex interactions of food sources and are traditionally used for ecological and population biological studies (Peterson and Fry, 1987). For example, Sara et al. (2004) used carbon and nitrogen stable isotope analysis to investigate the dispersion area of waste material coming from fish farming activities in the western Mediterranean. Tests were conducted to see if isotopic signals in uneaten feed and faecal material, originating from fish farms, could be detected in particulate organic matter (POM) and sedimentary organic matter (SOM). The purpose of the Bayswater Beach study is like that of Sara et al. (2004). It is an attempt to better understand whether SOM generated by the aquaculture process and that has accumulated underneath the aquaculture pens is being transferred to and sequestered at the beach environment. 3.0 Progress Bayswater Beach was first visited by I. Spooner on November 21, 2020 to determine the morphology of the beach, to observe Baywater Pond and better understand relationships between shoreline processes and sediment dynamics. On January 16, 2021, 4 sediment samples were retrieved from Bayswater Beach, processed at Acadia university, and sent to the Queen’s University QFIR Lab (Queen’s Facility for Isotope Analyses). Benthic samples that were obtained immediately adjacent to the aquaculture pens near Saddle Island, were also delivered to I. Spooner by Todd Mosher, of NSDFA. These samples were also processed in Spooner’s lab at Acadia and sent to the QFIR lab for isotope analyses. Results from the QFIR Lab are pending. 4.0 Methods Bayswater Beach and surrounding environs were investigated from a geomorphological and limnological perspective. Bayswater Beach is a relatively small and narrow, moderate to high energy, mesotidal barrier beach that has a fine siliceous sand veneer. Coarse cobbles underlie this veneer. A small, engineered outlet stream exits from Bayswater Pond, crosses underneath Route 23 329 and then, as of fall 2020, bisects the beach. Google Earth images as well as images of Bayswater Beach from internet sources indicate that, in the past, this creek has travelled parallel to the beach for over 300 m. The creek water is highly coloured (likely excess dissolved organic carbon), which is consistent with observations of water quality at Bayswater Pond. A sediment piston corer was used to obtain a sample of the sediment in Bayswater Pond which indicated that the sediment was highly organic; it is likely that conditions at the sediment water interface in Bayswater Pond are anoxic. Bayswater Beach sediment samples were obtained from the stream cut in the beach as well as test pits dug to 75 cm depth at three locations along the beach. Test pits encountered coarse SOM at approximately 50 cm depth that was underlain by a thin (5 cm) dark discolored layer that contrasted with the white sand. 4 samples were obtained, transferred to 50 ml sterile glass analyses jars, and transported at 4°C to Acadia University. Sample processing consisted of freeze drying the samples for 48 hours then lightly crushing the samples with a mortar and pestle to reduce the size of any coarse SOM. The sample was then transferred to analyses containers which were labelled and kept refrigerated until they were sent to Queens University QFIR lab for C-N isotope analyses. Sediment samples obtained from underneath the aquaculture pens near the Saddle Islands were kept cool until they were transferred to I. Spooner on February 5th, 2021. Processing was identical to the Bayswater Beach samples and both sample lots were sent to the QFIR lab on March 1, 2021. 5.0 Work plan Upon completion of isotopic analyses, result comparisons of sediment samples from Bayswater Beach and marine sediment samples will be made with reference to available literature. At this time an assessment of the application of the data to the determination of the source of the SOM at both sites will be made as well as a determination of future research that might be required. 24 6.0 Disclaimer This document is intended for the exclusive use of the Centre for Marine Applied Research, Perennia Food and Agriculture. I do not accept responsibility to any third-party use of the information presented in this document, and/or decisions/actions made based on the contents of the document. The information, conclusions and recommendations presented in this report were based on historical, and site-specific information obtained during sediment sampling. Reasonable care, skill and diligence were taken to assess the information pertaining to the site. However, it should be noted that, when assessing the environmental status of a site, due to the nature of work and site-specific conditions, unknowns and limitations are inherent. This report is based upon the circumstances and conditions acknowledged herein, and on information made available by others at the time of preparing the report. Information provided by others it is believed to be accurate but cannot be guaranteed. 25 7.0 Figures Figure 1. Google Earth© image of Bayswater Beach area with inset of the outlet creek location in 9/5/2015 (red dashes). The location of the outlet creek at present is shown by the yellow dashed line. Red dots indicate approximate sediment sampling locations. Image modified from Google Earth©. Location for samples is BWB S1 S2 415346.82 m E 4928322.61 m N, BWB S3 415276.05 m E, 4928242.39 m N, BWB S4 415195.99 m E 4928133.95 m N. 26 Figure 2. Sample pit from which sample BWB S1 and S2 was obtained. The pit was excavated to a depth of about 75 cm. A stainless-steel shovel was used to obtain all samples and was thoroughly cleaned between each sample site. Photo taken 1/16/2021 27 Figure 3: Image of sample collection pit from which sample BWB S1 and S2 was collected. The sample was obtained at 50 cm depth. Note the coarse sedimentary organic matter which is underlain by dark stained sediment. Photo taken 1/16/2021. 28 Figure 4: Close up image of sample BWB S2 showing dark staining below coarse SOM. Photo taken 1/16/2021. 29 Figure 5. Image of samples after drying prior to being shipped to the QFIR Laboratory at Queen’s University for C N isotopic analyses. Samples BWB S1, S2, S3, S4 are from Bayswater Beach, samples BWB 1-1, 2-1, 3-1, 4-1 and BWB13-1, 14-1 were taken from marine sediment associated with the aquaculture site. 30 8.0 References and internet sources Peterson, B. J., and Fry, B. (1987). Stable isotopes in ecosystem studies. Annu. Rev. Ecol. Syst.18, 293–320. doi: 10.1146/annurev.es.18.110187.001453 Sara, G. Scilipoti, D., Mazzola, A., and Modica, A. 2004. Effects of fish farming waste to sedimentary and particulate organic matter in a southern Mediterranean area (Gulf of Castellammare, Sicily): a multiple stable isotope study (δ13C and δ15N). Aquaculture. 234, Pages199-213. Internet sources Beach water quality testing: https://www.theswimguide.org/beach/5553: Beach closure: https://www.lifesavingsociety.ns.ca/index.php/bayswater Contaminant source: https://novascotia.ca/news/release/?id=20130821006 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 Municipality of the District of Chester Community Development Department Staff Report #3 Prepared for: Municipal Council Submitted by: Garth Sturtevant, MCIP, LPP, Senior Planner Date: July 15th, 2021 Subject: Request from Pride Signs Limited to Amend the Chester Village Land Use By-law to Permit the Replacement of Existing Menu Board Signs at 3811 Highway 3 with new Digital Menu Board Signage APPLICANT Pride Signs Limited PROPOSAL Request to permit replacement of Drive-through menu board signage with digital menu boards. LOCATION 3811 Highway 3, Chester NEIGHBOUR NOTIFICATION As per Section 2.18 of the Chester Village Land Use By-law, notification packages will be sent to owners within 30m of the subject property to outline the proposed amendment and will state the date, time and place set for the public hearing on the amendment. Recommendation 1. Give 1st Reading to the amendments attached as Appendix A, to permit and regulate Drive- through Menu Board Signs in the Chester Village Land Use By-law. And further, set a date for a Public Hearing for August 5th, 2021 at 8:45am in Municipal Council Chambers. Background By letter dated February 25th, 2021 (attached as Appendix B), Pride Signs Ltd. has applied to amend the Chester Village Land Use By-law to allow the installation of two electronic drive-through menu board signs at 3811 Highway 3. The letter of request was received by Council and directed to planning staff at a meeting held March 11, 2021. The Chester Village Land Use By-law currently prohibits all types of illuminated signage, including digital signs. There are no allowances or options for a variance. This regulation was adopted in 2012 to accompany the implementation of the Highway 3 Streetscape Plan. This plan provided policy and Staff Report #3 Page 2 Drive-through Digital Menu Board Signs July 9, 2021 regulation changes to promote the enhancement of the visual character of the Highway 3 area to become an entrance to Chester Village. Prior to this change in 2012, the Land Use By-law prohibited the use of illuminated signage only within the Architectural Control Area. When the change was made to prohibit illuminated signage throughout the entire planning area, several businesses had previously installed illuminated signs. Unlike most structures, part 4.5.10 of the Chester Village Land Use By-law clarifies that signs are not granted the protections and allowances provided for “Existing Structures”. In the case of illuminated signs, this means that a sign that was legally installed, but no longer meets the regulations of the Land Use By-law may remain in place, but any replacement sign must meet the current regulations. There are several examples of illuminated signs which were legally in existence prior to the change in regulations in 2012 to prohibit them. These signs are unable to be replaced under the current regulations. The existing menu board signs at 3811 Highway 3 are an example of existing illuminated signage that cannot currently be replaced. This file was originally directed to staff who prepared a report and draft amendments for consideration by the Chester Village Planning Advisory Committee. The initial approach taken by staff was to draft amendments to permit Illuminated and Digital Signs within the Highway Commercial Zone. The subject property falls within this zone and proposed amendments would have facilitated the request while also allowing other business owners in the zone to install Illuminated and Digital signs. The Chester Village Planning Advisory Committee met to consider the staff report and draft amendments on May 11th and again on June 8th. Following lengthy discussion, the Committee felt that the proposed amendments were becoming too complicated, and the original request of the applicant was becoming lost. The Committee ultimately passed a motion recommending that Council facilitate the request of the applicant for replacement Digital Menu Board signs only. The Committee felt the larger decision on Illuminated and Digital signs throughout the Highway Commercial Zone was best left to Council or the Village Plan Review for further consideration. Staff attended the June 10th Council meeting for a “check-in” to update Council on the discussion and motion passed by VPAC. Staff also took this opportunity to clarify the direction moving forward. It was confirmed at Council that staff are to proceed in drafting amendments to facilitate the replacement of the Drive-through Menu Board Signs which may use digital technology to provide illumination. The amendments will be limited to Drive-through operations and will not apply to other commercial uses in Chester Village. Discussion - Considerations Initial Staff Proposal – Regulate Illuminated and Digital Signage in the Highway Commercial Zone Staff Report #3 Page 3 Drive-through Digital Menu Board Signs July 9, 2021 When this file was first directed to staff, consideration was given to how best to accommodate the request of Pride Signs Ltd. to permit the replacement of menu board signage at 3811 Highway 3 with digital sign boards. Staff initially proposed a series of amendments aimed to revise existing signage regulations and create a new category of signage, Illuminated and Digital Signs. This new signage category was proposed to work in conjunction with existing regulations and would have applied throughout the Highway Commercial Zone. The proposed amendments would have permitted the applicant to apply for a Ground Sign which could be Illuminated or Digital, subject to newly proposed regulations. Regulating Illuminated and Digital Signage throughout the Highway Commercial Zone was aimed at creating equity amongst new and existing businesses along Highway 3. Additionally, the proposed amendments sought to address several minor issues with the current signage regulations. This amendment package was presented to the Chester Village Planning Advisory Committee (VPAC) at a meeting held on May 11, 2021. Following debate and discussion, the Committee requested staff make two changes to the proposed amendments. Staff were directed to bring the revised draft amendments to a future meeting of VPAC for consideration and a recommendation. Staff presented revised amendments to VPAC at a meeting held on June 8, 2021. There was considerable debate by members of VPAC and it was noted that one of the changes requested at the May meeting would not allow the proposed menu board sign to operate in the manner requested by Pride Signs Ltd. In the application and request to Council (Appendix B), Pride Signs Ltd. states that the menu board signs are required to change the image displayed frequently, up to once every eight seconds. The period of time between image changes was a topic debated by the Committee, who requested staff increase the period from one change every eight seconds to one change every 60 minutes. This was due in part to discussions around Illuminated and Digital Signs being visible to drivers, cyclists, and other road users, potentially increasing distraction and creating safety concerns. Members of the Committee then expressed concern with the scope of the draft amendments. Comments were made that the complexity of the draft amendments had moved the discussion too far from the original request made by Pride Signs Ltd. The Committee ultimately passed the following motion recommending that Council approve an amendment to permit Pride Signs Ltd. to replace the existing menu board signs: MOVED by Ray Cambria, SECONDED by John Carrol to recommend to Council to approve only the Tim Horton’s application and Council should consider all comments on expanding control of Digital and Illuminated Signage on Highway 3 going forward. The Committee did not recommend that the proposed amendments to the entire Highway Commercial Zone proceed. This is a somewhat unusual situation as the VPAC motion would typically be associated with a set of draft amendments. In this case, VPAC recommended against the proposed amendments, but Staff Report #3 Page 4 Drive-through Digital Menu Board Signs July 9, 2021 recommended that Council approve amendments not yet drafted, but specific only to Drive-through Menu Board Signs. The result of this decision is that the existing prohibition on Digital Signs remains within the entire Chester Village Land Use By-law. Proposed Amendments – Drive-through Menu Board Signs Following the direction of VPAC and subsequently verified with Council on June 10th, staff have prepared amendments to the Chester Village Land Use By-law to facilitate the request of Pride Signs Ltd. These newly drafted amendments do not attempt to address current issues with signage in the Land Use By-law and do not permit the installation of Illuminated or Digital signs other than for use in an approved drive- through operation. The amendments have been drafted to specifically accommodate the request submitted by Pride Signs Ltd. as directed by Council and in conjunction with the recommendation of VPAC. It should be noted that the amendments attached as Appendix A would apply to any new Drive- though uses which receive a Development Permit. At the time of writing this report, Tim Horton’s is the only existing Drive-through use within the Village of Chester. Summary of Draft Amendments (Appendix A):  Drive-through Menu Board Sign is proposed as a new category of sign in the Land Use By-law  Permitted only for a Drive-through use which has received a Development Permit  limited to a maximum of 2.5m in height from grade to the highest point of the sign  limited to 2.5m2 in sign area per side  no lot can exceed a total sign area per side of 4m2 (the total area of all Drive-through Menu Board Signs on the lot)  Drive-through Menu Board Signs which use internal illumination must be calibrated to operate within a brightness level specified in the Land Use By-law (formula to determine the appropriate brightness is included in Land Use By-law)  require that the sign area of Drive-through Menu Board Signs be hidden when viewed from a public street. If the orientation and installation of the sign does not achieve this objective, screening such as fencing, landscaping or natural vegetation may be used to block view of the sign  must be setback a minimum of 2m from all property lines  may only be illuminated or lit during the normal operating hours of the business which the sign serves Policy Analysis Policy Analysis Staff Report #3 Page 5 Drive-through Digital Menu Board Signs July 9, 2021 4.7.1 To prohibit through appropriate provisions in the Land Use By-law signs which create hazards to traffic or pedestrians, which constitute a public nuisance, or which are incompatible with the character of the Chester Village Area. This policy statement is satisfied with the proposed draft amendments. Drive-through Menu Board Signs are proposed to be strictly regulated. No other signage type or category is permitted to use illuminated or digital signs. Regulations in the draft amendments require that Drive-through Menu Board Signs not be visible when viewed from a public street. 4.7.2 That the Land Use By-law regulates the type, number, size, location and illumination of signs throughout the Chester Village Area to minimize hazards and nuisances; to control the impact of signs on the landscape, streetscape and skyline; and to ensure that the nature, sizes and locations of signs permitted in the various zones are appropriate and compatible with the character of the areas within those zones. This policy statement is satisfied with the proposed draft amendments. Drive-through uses are limited to the Highway Commercial Zone and Drive-through Menu Board signs are only permitted for a Drive-through that has received a Development Permit. 4.7.3 That the Land Use By-law may limit the time period during which any class or classes of signs which do not conform to the By-law requirements may continue to be displayed. The proposed amendments state that Drive- though Menu Board Signs shall only be illuminated during the operating hours of the business which it serves. 6.0.7 That when considering amendments to the Land Use By-law, considering appeals on site plan approvals, and in considering development agreements in addition to all other criteria as set out in the various policies of this Planning Strategy, Council shall be satisfied that: a) the proposal conforms to the intent of the Planning Strategy; Yes, the proposed amendments include regulations and requirements for Drive- through Menu Board Signs. These include provisions to screen view of the sign from public streets and limits on size and height of these signs. b) the proposal conforms to the applicable requirements of all Municipal By-laws; except where the application is for a development agreement in which case the Land Use Yes Staff Report #3 Page 6 Drive-through Digital Menu Board Signs July 9, 2021 By-law requirements need not be satisfied. c) the proposal is not premature or inappropriate due to: i) financial ability of the Municipality to absorb costs related to the development; N/A ii) adequacy of Municipal services; N/A iii) the adequacy of physical site conditions for on-site services; N/A iv) creation or worsening of a pollution problem including soil erosion and siltation; Drive-through Menu Board signs are unlikely to impact traditional pollution concerns. However, light and noise pollution are both areas of growing interest and should be addressed through regulations. The draft amendments propose to regulate the intensity of Drive-through Menu Board Signs in addition to limiting the height, size and overall sign area permitted per lot. Additionally, language has been included to require that Drive-though Menu Board Signs be hidden from view when viewed from the Public Street. If the orientation of the sign does not provide for this, the property owner must install screening in the form of fencing or vegetation to block view of the sign. v) adequacy of storm drainage and effects of alteration to drainage pattern including potential for creation of a flooding problem; N/A vi) adequacy and proximity of school, recreation, emergency N/A Staff Report #3 Page 7 Drive-through Digital Menu Board Signs July 9, 2021 services, and other community facilities; vii) adequacy of street networks and site access regarding congestion, traffic hazards, pedestrian safety, and emergency access. Existing language in the Land Use By-law prevents the placement of any sign which creates or worsens a hazard. Drive-through Menu Board Signs are not permitted to be visible from the street. viii) adequacy of fire vehicle access and fire protection measures on site such as water supply. N/A Public Information Session A Public Information Meeting was advertised and held in Municipal Council Chambers on Tuesday April 13, 2021 beginning at 6:30pm. Following the Municipality’s standard public engagement process, this meeting was held prior to the staff report and draft amendments being considered by VPAC. One member of the public attended the meeting. A discussion was held regarding the request to permit Digital Signage in the Highway Commercial Zone. Comments noted by staff included:  There is no avoiding Digital Signage in 2021, we need to plan for and regulate these signs;  Supports regulating Digital Signs in the Highway Commercial Zone, with limits on brightness, size, movement and other provisions. The Public Information Meeting was closed at 7:00pm. Following the recommendation by VPAC and confirmation of the revised direction to proceed with only Drive-through Menu Board Signs, a subsequent Public Information Meeting is not required and has not been held. Public Notification Package The draft amendments, originally proposed by staff to regulate Digital and Illuminated Signs in the Highway Commercial Zone clearly constituted a general amendment that did not require individual neighbour notification as outlined in the Land Use By-law. With the change in direction to focus only on Drive-through Menu Board Signs, the draft amendments likely remain general in nature, as they will apply to any Drive-through use. Alternatively, it could be argued that the amendment is now specific to the subject property as there are currently no other Staff Report #3 Page 8 Drive-through Digital Menu Board Signs July 9, 2021 approved Drive-through uses in the Municipality that would be eligible for the new Drive-through Menu Board Signs. Given this situation, staff recommend mailing letters to all property owners within 30m of the subject property to advise of the proposed amendment and outline the date and time set for the Public Hearing. Staff feel this is a proactive approach by ensuring transparency and public participation. If Council is satisfied with the draft amendments, gives 1st Reading, and sets a date for a Public Hearing, staff will prepare packages for property owners within 30m of the subject property. Timeline for Adoption If Council is in favour of the draft amendments and prepared to vote in favour of 1st Reading today, the following table outlines the anticipated timeline for placing advertisements, holding a Public Hearing prior to 2nd reading and advertising the right of appeal following 2nd reading. Figure 1 - Subject Property (#3811 Highway 3) Staff Report #3 Page 9 Drive-through Digital Menu Board Signs July 9, 2021 Section 210 (6) of the Municipal Government Act states that where a Council has not advertised first notice of a Public Hearing within 120 days of receiving a complete application to amend the Land Use By- law, the application shall be deemed refused. This would open the right of appeal to the applicant and would require Council to reinitiate the application if they wish to proceed with the amendment. The application was complete on April 9, 2021, when application fees were submitted. Staff have calculated that should Council give 1st Reading today, the first notice of the Public Hearing will appear on July 21st, which is 105 days since the date of the complete application. Date: Process: MGA Section Reference: July 15 1st Reading July 21st & 28th Public Hearing Ad appears in newspaper for two consecutive weeks 206 (1), 206 (2) August 12th Public Hearing held 205 (6), 210 (2) August 18th Right of Appeal Ad appears in newspaper 210 (3) September 2nd If no appeals are launched, the amendments will come into effect on this date 210 (8) Options 1. Give 1st Reading to the amendments attached as Appendix A, to permit and regulate Drive- through Menu Board Signs in the Chester Village Land Use By-law. And further, set a date for a Public Hearing for August 5th, 2021 at 8:45am in Municipal Council Chambers. 2. Reject the amendments attached as Appendix A to permit and regulate Drive-through Menu Board Signs in the Chester Village Land Use By-law. 3. Request additional information and table a decision on the draft amendments. NOTE: this option will likely require Council to pass an additional motion to “renew” the amendment request as the 120-day timeline specified in the Municipal Government Act for a Land Use By-law amendment to be refused or have a notice for a public hearing placed in a local newspaper, would not be met and the application would otherwise be deemed refused. Staff Report #3 Page 10 Drive-through Digital Menu Board Signs July 9, 2021 Appendix A – Proposed Amendment Amendments to the Chester Municipal Land Use By-law Be it enacted by the Council of the Municipality of Chester as follows: 1) Remove text from Section 15.1.3 which prohibited all forms of Illuminated Signs. 2) Added section 15.2.8 to regulate Drive-through Menu Board Signs Chester Municipal Land Use By-law Underlined text is added. Strikethrough text is deleted. 15.1.3 Signs Prohibited in All Zones All other provisions of this by-law notwithstanding, the following signs shall not be erected or used in any zone: i) Signs which incorporate in any manner any flashing or moving illumination which varies in intensity or which varies in colour, and s Signs which have any visible moving part or visible mechanical movement of any description except for signs which display only time, temperature or humidity; x) all signs which are internally lit, excluding Drive-through Menu Board Signs including but not limited to, panel signs and neon signs. 15.2.8 Drive-through Menu Board Signs i) A Development Permit may only be issued for a Drive-through Menu Board Sign on a lot with an approved Development Permit for a Drive-through use ii) Drive-through Menu Board Signs shall be limited to a maximum height of 2.5m from grade to the highest part of the sign structure iii) Drive-through Menu Board Sign shall be limited to a maximum area of 2.5m2 in sign area per side iv) The total sign area per side for all Drive-through Menu Board Signs on a lot shall not exceed 4m2 v) Drive-through Menu Board Signs may include and utilize internal illumination such as LEDs and similar light emitting technology vi) Drive-through Menu Board Signs that use internal illumination shall include software or other mechanisms to automatically adjust the brightness level of the sign to ambient light conditions. Brightness levels shall not exceed 3 Lux above ambient light conditions when measured from the sign face at its maximum brightness, at a distance equal to the equation shown: Staff Report #3 Page 11 Drive-through Digital Menu Board Signs July 9, 2021 Measurement distance (m) =√((Area of the sign in m^2 X 100)) (Example: a sign measures 1.5m x 1.5m for a total sign area of 2.25 m2. In this case the measurement distance = √(2.25 m^2 X 100) = 15 m). vii) The image, logo and text displayed by a Drive-through Menu Board Sign shall remain static for a minimum of 8 seconds before changing and the transition between images or text must be instantaneous viii) The Sign Area of a Drive-through Menu Board Sign must not be visible when viewed from a public street. If required, a visual screen composed of natural vegetation, landscaping, fencing or a combination thereof shall be installed to mitigate light trespass and overspill from adjacent properties. ix) Drive-through Menu Board Signs shall only remain illuminated during the regular operating hours of the business which it serves x) Drive-through Menu Board Sign shall maintain a minimum distance of 2m from all property lines. For greater clarity, this setback distance shall be measured from the closest part of the sign to the property line, including the foundation, sign base, sign face, support structures or any other feature that is physically attached to the sign xi) Before issuing a permit for a Digital Sign, the Development Officer shall require a letter from the sign manufacturer or professional overseeing installation to confirm that the sign will be calibrated to be compliant with the provisions of this By-law. Staff Report #3 Page 12 Drive-through Digital Menu Board Signs July 9, 2021 Appendix B – Applicant Proposal Chester Municipal Council February 25th, 2021 186 Central Street Chester, NS B0J 1J0 Re: Tim Horton’s #101588 – 3811 Hwy #3 – Request for Sign Bylaw Amendment To whom it may concern, Please accept the following in addition to the provided drawings in support of the proposed Sign Bylaw Amendment for the Tim Horton’s site located at 3811 Hwy #3. Tim Horton’s is proposing to replace the existing drive-thru signage with new electronic signs which feature electronic changeable copy. This site currently has one pre-sell board, and one menu board which serves the existing single lane drive thru. Proposal: The existing signs will be removed, and we will be adding one (1) Pre-Sell Board along with one (1) Menu Board (with COD). The signs are proposed to replace the existing signs. The menu-board sign features a triple display (single sided) and is intended to show the current menu offerings, as well as images of the products available at this location. The menu-board sign also features some motion, as images of varying products may phase in and out in different areas of the display screen, along with change in the varying components of the menu. Portions of the content could change as frequently as every 8-10 seconds. The menu-board sign also features an order confirmation screen which will display text confirming the order to the patron in real time as it is entered. The pre-sell sign features a single display (single sided), and is intended to show varying promotions and specials such as Camp Day, new promotions etc. Like the menu-board sign, the pre-sell sign is electronic and allows the content to change every 8-10 seconds and could feature motion as part of the content. Sign #1: Drawing reference: OM46F Single Display – Single sided Pre-sell Menu Board • Overall Height: 1.847m • Overall Area: 0.621m2 • Electronic Ground Sign Sign #2: Drawing reference: OM46F Triple Display – Single sided Triple Menu Order Board • Overall Height: 1.847m • Overall Area: 2.00m2 • Electronic Ground Sign Summary of Relief Requested • To permit one (1) electronic changeable copy pre-sell sign, with a total display area of 0.62m2 and one (1) electronic changeable copy drive-thru menu-board sign, with a total display area of 2.00m2 for existing drive-thru. The Land Use Bylaw does not permit internally lit signs. Proposed pre-sell board sign (left) and menu board sign (right) Site Location: The subject lands are located along the south side of Lighthouse Route. The property is generally surrounded by various commercial businesses and residential located south of the property. The site is currently developed with a one storey Tim Horton’s Restaurant with a single lane drive thru. Site location outlined in red Background: Tim Horton’s is currently undergoing a national rollout of their new drive-thru menu boards. The signs are state of the art and are intended to enhance user experience and lower wait times associated with the drive-thru lanes. The signage reflects Tim Horton’s ongoing commitment to innovation and excellence in the service industry. As part of a National Campaign, Tim Horton’s proposes to replace the existing drive-thru signage for their sites across Canada. These modern signs allow for a more compact and streamlined design, are fully controllable relating to the messaging and content, and allow for complete control of the brightness. The signs are advantageous for the restaurant as they allow the menu’s to be changed automatically based on the corresponding time of day, to reflect their current menu offerings. The signs also represent a safety improvement, as they do not require staff to manually change the signs in areas of vehicular traffic or during inclement weather. Rationale: Tim Horton’s is a permitted commercial use for this lot, and as such the drive-thru operates legally from 5am to 11pm seven days a week. Part of their business includes the existing drive thru. In order to effectively serve patrons, the signage needs to be illuminated and be visible during business hours. The sign is completely controllable in terms of brightness and includes a built in ambient light sensor so that the brightness can be controlled above the ambient light levels at varying times of the day. The signs are internal to the site and are not intended to create light spill outside of the site. Tim Horton’s is happy to work with Village of Chester on illumination levels for the proposed signs. The signs require content change to effectively promote Tim Horton’s promotions and menu offerings to their patrons in a timely fashion. The pre-sell boards are intended to show varying specials and promotions and may change as frequently as 8 seconds between advertisements to their patrons in the drive-thru lane. The menu boards show the varying menu offerings, as well as images of products which may change in portions of the screen. The menu board also has an order confirmation display, which allows patrons to view their orders as they are entered as a means of confirmation and quality control. As the drive-thru is designed to provide for efficient service, the content of the signage is required to change more quickly so it is visible to the patrons during their limited exposure to the sign. The signs are incidental to the operation of the drive-thru and are not legible from the street. The signs are located at the rear of the building and are oriented to address the existing drive-thru lane only. The menu board content is designed to allow patrons to view the entire menu and current promotions that the store is offering. The signs are appropriate in scale to the development and are of a size which allows for legible text to the patrons. The signs provide the menu and promotional offerings of the business and are displayed in an organized and clear layout with accompanying graphic information which is universal in nature for individuals who may have difficulty with the English language. The proposed sign locations will not have a detrimental impact to the surrounding area. The proposal results in a reduction of sign area on site and does not jeopardize the compatibility of the site to the surrounding land uses. The proposed signs are replacing existing illuminated signs, and the electronic signs feature an ambient light sensor and will dim automatically based on the light levels corresponding with the time of day. The surrounding neighborhood is comprised mainly of built-up commercial developments with associated signage, and the screens are oriented internal to the site. Based on the foregoing, the signs will not alter the existing character of the area and is compatible with the surrounding neighborhood. The proposed content of the menu-board sign does not feature constant motion or flashing illumination. The content is intended simply to display the menu offerings as well as images of the products which are available on-site and will change periodically to show the offerings and specials of the restaurant. The sign displays are setback substantially from sensitive land uses. The proposal will not present any compatibility issues with the surrounding neighbourhood. Existing drive thru signs to be replaced with the proposed. Safety: The sign locations are sited for visibility from the internal drive-thru lane only. Due to the drive- through being located at the rear of the building and sign displays facing internal to the drive-thru, the signs will not be visible from off site. The signs as proposed will not create a hazardous situation for pedestrians or motorists as they are not oriented to address off-site traffic. The content is static text and images, with a portion of the display changing to new text or images every 8-10 seconds. There is an illusion of motion as some images may slide into place while another image slides out, however this only occurs during an image transition. There is no video or constant motion proposed. Tim Horton’s requires more frequent content changes to show their entire menu and promotional offerings to patrons while they are stopped in the drive-thru lane awaiting their turn to order. The sign locations also ensure sightlines are retained through the site. The signage does not impact the functionality or layout of the site. The existing drive-thru is established away from areas of pedestrian movement. The signage also eliminates the need for staff to manually change the signs to the corresponding menu, which further alleviates safety concerns. Based on the foregoing, the signs will not create a distraction or safety hazard for pedestrians or motorists. Example of a completed site from a recent installation. Conclusion: Pride Signs Ltd formally requests your support and approval of this application. The signage program represents a significant investment into the site and enhances the on-site experience for patrons while increasing business for the restaurant. Overall, with the added menu board, the sign area is still a reduction from the existing drive-thru signs and the overall aesthetics are improved significantly. Through dimming measures and reduced illuminated sign area relative to the existing, Tim Horton’s will mitigate impact to the night sky. The restaurant requires operational signage during its business hours, and not permitting such would prove to be detrimental to their business. We thank the Village of Chester for their consideration of this proposal, and should you have any questions, please contact the undersigned. Thank you, Donna Thomson Permit Coordinator T: 877-551-5529 ext. 213 E: dthomson@pridesigns.com REQUEST FOR DIRECTION Prepared By: Kavita Khanna, P.Eng. Assistant Director of IAO Date Jul 07, 2021 Reviewed By: Christa Rafuse P.Eng., Director of IAO Date Jul 08, 2021 Authorized By: Dan McDougall, CAO Date Jul 08, 2021 CURRENT SITUATION Council identified the development of a Wastewater Strategy as a Strategic Priority that will include multiple projects and initiatives to address a range of challenges and opportunities facing the Municipality’s wastewater systems. In May 2020, the Municipality applied for and secured a Provincial Capital Assistance Program (PCAP) grant to fund an extensive Wastewater Service Study. This study will result in a detailed, evidence-based framework that will guide and prioritize options for renewals, upgrades, and new builds for the Municipality’s wastewater collection and treatment systems. In February 2021, EXP was awarded the contract to complete a Wastewater Service Study for five of the Municipality’s systems: Chester Basin, Otter Point, Western Shore, Village of Chester, and New Ross. However, subsequent discussion during Council’s strategic priority workshops indicated that there are development pressures and opportunities around Hubbards, Simms Settlement and Mill Cove area to evaluate wastewater treatment options. The change in scope can be divided into two parts: 1) Conduct an assessment for the Hubbards and Simms Settlement area to evaluate the current community needs and complete future growth projection over a 25-year period to provide recommendations to meet the wastewater needs, including conceptual design and cost estimates. 2) Evaluate the Mill cove area for future growth and provide recommendations, with the input from MODC on current state, to meet the future needs in wastewater services. This report outlines the cost and timeframe for the addition of this scope to the current Wastewater Service Study being undertaken by EXP as a Change in Scope to the existing contract. RECOMMENDATION It is recommended that Council accept the Change in Scope for the Wastewater Service Study awarded to EXP to include the Mill Cove, Hubbards and Simms Settlement for future growth evaluation and provide recommendations on wastewater collection and treatment system(s), for $56,099.61 net HST. BACKGROUND The original scope for the Wastewater Service Study excluded the Mill Cove Area and the wastewater collection and treatment system for two main reasons: 1. the recent and significant developments to the treatment system and planned system expansions for new development; and 2. known issues regarding capacity, technical and service levels, and regulatory requirements for effluent of the other five systems REPORT TO: Council MEETING DATE: Jul 15, 2021 SUBMITTED BY: Infrastructure and Operations (IAO) SUBJECT: Wastewater Service Study– Addition of Mill Cove/Hubbards and Simms Settlement ORIGIN: Strategic Priorities – Wastewater Strategy 2 Request for Decision The overall objective of the Wastewater Service Study is to assess the current state and provide recommendations for the Municipality’s sewer systems to enable a more proactive maintenance program and provides an evidence-based framework for the prioritization of repair, renewal, upgrades, and new builds to meet both current service levels and to accommodate and/or facilitate future growth (25 years) and development of the communities these systems serve. The addition of the Hubbards, Simms Settlement and the Mill Cove area to the Wastewater Service Study is timely, logical, and strategic as t here are several factors (listed below) that identify this region will be facing growth and development pressures: 1) Twinning of highway 103 2) Exponential increase in the construction of residential buildings in Halifax , along with low interest rates from the Bank of Canada 3) Increased emphasis on immigration by the NS government 4) Interest expressed by Developers to construct buildings in this region DISCUSSION There is growth anticipated in the above-mentioned regions, along with growing pressure on the Municipality to provide services to the future residents in these areas. Having information on the recommendations for treatment options will help the Municipality understand how to meet the service and capacity needs for the current and future residents to meet the anticipated future growth. The proposed Change in Scope to the Wastewater Service Study will provide the following deliverables for the Hubbards and Simms Settlement area: • Assessment of existing communities and its current needs with respect to municipal infrastructure. • Recommendations for municipal servicing of existing communities. As well as evaluating the locations and needs of treatment and pumping facilities. • In conjunction with MOC, develop a plan of future growth over a 25-year period. • Conceptual design and associated cost estimates for recommended new builds for wastewater Scope for the Mill Cove Area: • Preliminary modelling of viable expansions to serviceable areas that could accommodate growth over a 25-year period for connections to un-serviced properties and undeveloped lots, particularly as part of potential ‘service corridors’ to lead future growth and development. • Conceptual design and associated cost estimates for recommended renewals and upgrades for wastewater collection and treatment infrastructure that will provide MOC with distinct projects to submit to future capital infrastructure funding opportunities. Schedule Impact The projected timeframe to complete this added scope is towards the end of September. 3 Request for Decision Costing Impact The proposed Change of Scope to the Wastewater Service Study can be accommodated by existing budget allocations, as follows: TOTAL AVAILABLE 2021-22 BUDGET ALLOCATION FOR WW STRATEGY 2021-22 budget allocation for wastewater strategy $310,716 PROJECT EXPENSES Approved WW Service Study for five wastewater systems (EXP contract estimate) $248,065.10 (net HST) Change in Scope for addition of Mill Cove system (EXP proposal estimate) $56,099.61 net HST TOTAL WW SERVICE STUDY EXPENSES $304,164.71 net HST PROJECT FUNDING PCAP Grant (maximum contribution from Municipal Affairs towards total project costs) ) $130,358 MOC budget allocation (in addition to the PCAP grant contribution) $180,358 TOTAL WW SERVICE STUDY FUNDING $310,716 IMPLICATIONS Policy None. Financial/Budgetary The cost of the Mill Cove Change in Scope to the Wastewater Service Study can be accommodated by existing budget allocations, as outlined above. Environmental None. Strategic Priorities The completion of the Wastewater Service Study for all six wastewater systems will assist the Municipality in advancing the following Priority Areas of the 2021-24 Strategic Priorities Framework: Governance & Engagement Priority Outcome 3: Continue to develop an asset management system that will inform decisions about infrastructure, development, levels of service, risk assessment, and associated financing. Infrastructure & Service Delivery Priority Outcome 3: Develop and implement evidence-based plans for future infrastructure and service needs, along with related funding models, to accommodate sustainable growth and levels of service. Work Program Implications The Assistant Director of Infrastructure & Operations is the Municipality’s project manager and main point of contact for the EXP, and IAO Dept staff such as the Administration Coordinator and the Wastewater Facilities Supervisor, along with the Municipality’s GIS Specialist and Strategic Initiatives Coordinator will provide additional support as required. All work to award and administer the Wastewater Services Study contract will be completed with existing staff resources. Has Legal review been completed? ___ Yes ___ No _X__ N/A OPTIONS Option A - Direct staff to approve the Change in Scope for the addition of the Mill Cove system to the Wastewater Service Study currently underway by EXP 4 Request for Decision Option B – Do not award the Change in Scope for the Wastewater Service Study as recommended and provide alternative direction to staff. ATTACHMENTS None. COMMUNICATIONS (INTERNAL/EXTERNAL) None. REQUEST FOR DECISION Prepared By: Christa Rafuse, P. Eng. Date: June 24, 2021 Reviewed By: Dan Pittman, Tim Topping Date: July 6, 2021 Authorized By: Dan McDougall, CAO Date: July 9, 2021 CURRENT SITUATION Our current excavator, a 2005 Caterpillar 320, is due for replacement. The capital budget for 2021/22 includes the purchase of a replacement excavator, approved by Council in December 2020. The estimated budget for a replacement excavator was set at $425,000. RECOMMENDATION Staff respectfully recommend that Council authorize purchase of a new 2021 Komatsu PC170LC-11 (43,115 lbs.) excavator, from Wilson Equipment at $213,600 plus HST. This price includes the $35,000 trade-in amount offered for the old excavator. BACKGROUND An excavator is required at the Kaizer Meadow landfill for multiple tasks such as excavating clay cover materials, ditching, road / pipe repairs, working with construction and demolition (C&D) materials and handling waste. The existing Cat 320 excavator is 16 years old with over 12,000 hours and is scheduled for replacement. Staff have developed a long-range heavy equipment replacement protocol is part of the Municipality’s asset management program for fleet. Valley waste will be consulted in the further development and application of the heavy equipment protocol. The Valley Liaison Committee has supported the decision to purchase an excavator as discussed at our January 6, 2021, meeting. DISCUSSION An RFQ for a new replacement excavator was issued May 3, 2021, and closed on June 4, 2021. Five submissions were received and evaluated according to the following criteria. REPORT TO: CAO and Council SUBMITTED BY: Christa Rafuse, P. Eng DATE: July 15, 2021 SUBJECT: Excavator Replacement for Kaizer Meadow ORIGIN: Capital Budget 2021/22 2 Request for Decision All submissions met basic specifications and all, but one applied a trade-in value for the old excavator. Wilson Equipment’s quote scored highest with the Komatsu PC170LC-11 deemed to be best value. Delivery date is 10 to 12 weeks. IMPLICATIONS Policy Procurement Policy P-04 Financial/Budgetary In the capital budget for 2021/22, $425,000 was approved by Council for purchase of a new excavator. The cost for the proposed 2021 Komatsu with trade-in is $213,600 plus HST. This purchase will be funded by $100,000 from operating and the remainder borrowed over a 10-year period. Environmental Emissions  EPA Tier 4 Final emissions compliant engine significantly reduces nitrogen oxide. Fuel  Temperature controlled viscous fan clutch saves fuel and reduces sound. Safety  Roll Overprotective Structure (ROPS) cab (ISO 12117-2)  Operator Protective Top Guard (OPG), Level 1 (ISO 10262) Strategic Plan 1. Maintain a high level of fiscal responsibility. 2. Continually improve public satisfaction with municipal services. 3. Ensure sufficient infrastructure is available to best serve our residents and businesses. Work Program Implications N/A OPTIONS N/A ATTACHMENTS N/A COMMUNICATIONS (INTERNAL/EXTERNAL) N/A              June 30, 2021    The Municipality of Chester Council  151 King Street  PO Box 369  Chester, NS  B0J 1J0      RE:   Development Agreement request          20 Venture Avenue, Mill Cove Nova Scotia (PID 60631363)      Dear Council,    We wish to request a Development Agreement for 20 Venture Avenue, Mill Cove. The existing concrete  structure building is vacant. With approximately 27,000sqft of existing floor area this building has much  potential for development.    Preliminary assessment and layout of the spaces show floor areas will allow up to 36 – 1 bedroom apartments.  These would consist of 1 bedroom, 1 bathroom, and open kitchen, eating & living areas complete with closet  and storage space. Also, within the building’s existing floor area, storage rooms, common laundry rooms,  meeting room(s)/spaces(s), common washrooms, common roof deck area and of course all the building utilities.      Construction & renovation will be within the existing footprint of the building with the exterior being improved  with new windows, doors, exterior cladding and roofing. Property will be improved with parking and  landscaping.     We would like to request the begin the Development Agreement process and authorize Chester Planning &  Development to begin preparations. Currently, preliminary building layouts are being finalized as well as civil  design for the property to be ready for the DA process.     Please feel free to contact us with any questions or initial comments.     Best Regards,    Brent Hubley   Representative for Owner    Representative contact  Hubley Homes Inc   902‐293‐4840  brent@hubleyhomes.com          Owner  Mill Cove Investments Ltd.  President: Guy Cruickshanks  Secretary/Treasurer  Katherine Cruickshanks   Kathy@cruickshanks.ca  1 Pam Myra From:Tara Maguire Sent:July 9, 2021 11:16 AM To:Dan McDougall; Pam Myra Subject:FW: #External: Kelly Cove Salmon Ltd. open houses Attachments:Kelly Cove Salmon Ltd open houses July 2021.pdf Pam can you please add this as correspondence to the agenda. TARA MAGUIRE Deputy CAO Office: 902-275-4132 Cell: 902-277-2273 Consider the environment. Do you really need to print this email? From: Joel Richardson <Joel.Richardson@cookeaqua.com> Sent: July 9, 2021 10:08 AM To: Andre Veinotte <aveinotte@chester.ca>; Allen Webber <awebber@chester.ca>; Council <council@chester.ca>; Dan McDougall <dmcdougall@chester.ca> Cc: Jeff Nickerson <jnickerson@cookeaqua.com> Subject: #External: Kelly Cove Salmon Ltd. open houses Municipality of Chester Council 151 King Street Chester, NS B0J 1J0 Good morning Warden Webber, District 1 Councillor Veinotte and fellow Councillors, On behalf of Kelly Cove Salmon Ltd., the Atlantic Canadian division of family-owned Cooke Aquaculture Inc., I am pleased to inform you that we will be hosting public open houses to share information on proposed boundary amendments at three of our existing salmon farming sites in Nova Scotia during the scoping period of the Provincial adjudicative application process. Scoping is required for marine aquaculture site developments, in this case in relation to our applications for boundary amendments since the change results in an increase in site area. As outlined in Section 10 of the Aquaculture Licence and Lease Regulations, the proponent (Kelly Cove Salmon Ltd.) must hold at least one public information meeting. This meeting must be held in the community that the Nova Scotia Department of Fisheries and Aquaculture determines is the most appropriate community closest to the location of the aquaculture site that is the subject of the scoping period. Brier Island (License #0742) Boundary Amendment Westport Community Hall (Oddfellow's Hall) Brier Island July 20, 2021 1PM-8PM 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. 2 Saddle Island (License #1006) Boundary Amendment Blandford Community Centre 30 Fire Hall Road, Blandford July 21, 2021 1PM-8PM Victoria Beach (License #1040) Boundary Amendment & Expansion Lower Granville Hall 3551 Granville Rd, Port Royal July 22, 2021 1PM-8PM In accordance with Public Health guidelines, capacity at the venues will be limited to 15 individuals at a time. We ask that participants pre-register to select a timeslot and provide information for contact tracing. Face masks must be worn to enter the Open House. To register or submit your questions, visit: www.aquaculturegrowsns.ca or call 1-902-527-5536 ext. 1 Our company has fourteen marine salmon farming sites along the province's Southern and Western shores. The open houses are a useful method for our farming employees to provide information about our operations out to the community and for local citizens to discuss ideas or ask questions of us. We want local municipal officials and residents to have a good understanding about what we are doing in their area on an ongoing basis. Our operations in Nova Scotia are still relatively modest. We aim to grow our salmon farming going forward, but we plan to do that in a thoughtful, sustainable way. We're taking the time to think through the environmental considerations in collaboration with regulators, scientists, engineers and other technical experts, as well as what the market can support in terms of reasonable, sustainable growth. The open houses will also enable our human resources staff to meet job seekers about rewarding career opportunities we are actively recruiting for. Our Nova Scotia workforce of over 200 is a mix of age ranges from a variety of backgrounds. Some have worked with us for decades, while others are young people fresh out of post-secondary institutions, excited about choosing their first career in the aquaculture sector producing fresh local seafood on our saltwater sea sites. We have full-time positions available with good pay, health benefits, a retirement savings plan and a real opportunity to grow. Visit MyCookeCareer.com or visit @MyCookeCareer on Facebook to learn more. As a family business, caring for our people, the environment and the communities we work in is a top priority for Cooke and we invite you to join us or pass along the attached information sheet with anyone you wish. Sincerely, Joel Richardson Vice President Public Relations Cooke Aquaculture Inc. / for Kelly Cove Salmon Ltd. Cc: Jeff Nickerson, NS Business Development Manager – Saltwater Operations, Kelly Cove Salmon Ltd. PS: If you cannot attend the open house in your area, check out our salmon farming operations videos at the link below to learn more about what we do. https://www.cookeseafood.com/2021/06/08/dive-into-our-operations-in-atlantic-canada/ 40 Wellington Row, Saint John, NB, Canada E2L 3H3 (506) 694-4939 office (506) 721-1093 mobile 3 Joel.Richardson@cookeaqua.com Cooke Inc. LinkedIn @cookeseafood Twitter Cooke Inc. Facebook www.cookeseafood.com 1 Pam Myra From:Tara Maguire Sent:July 9, 2021 11:15 AM To:Pam Myra Cc:Dan McDougall; Andre Veinotte Subject:FW: #External: Request from resident Pam can you please add to the agenda for next week. TARA MAGUIRE Deputy CAO Office: 902-275-4132 Cell: 902-277-2273 Consider the environment. Do you really need to print this email? From: Andre Veinotte <andrev@ableinc.ca> Sent: July 9, 2021 9:24 AM To: Dan McDougall <dmcdougall@chester.ca> Cc: Tara Maguire <tmaguire@chester.ca> Subject: #External: Request from resident Hi Dan, Below is some correspondence from a resident regarding adding Mi’kmaw to our municipal signage. I’d like to talk to you about this, and possibly bring to council. Andre Hi Andre, I attended a Facebook ceremony this morning where they unveiled a new welcome sign in Mi'kmaw that will be posted at the causeway. I thought this was an absolutely wonderful idea, and I'm wondering if we might be able to do something similar in Chester. I understand the highway signs etc. are provincial, but the village signs would be under the jurisdiction of the municipality (of I'm wrong please correct me). With that in mind, I thought it would be a great show of respect and partnership of we were to include the Mi'kmaw name for Chester on our signs. The name is Meneskwe'k, which you can confirm on an interactive map that shows all of the traditional names of most places in the province (linked here). I also think that doing this would be a great show of leadership by our community - a more proactive than reactive approach toward reconciliation which I think is of the utmost importance. Is this something that could be brought up at council? If you'd need additional resources for something line this I have connections within the Mi'kmaw community who have said they would be willing to help. Thanks Andre, as always I appreciate your attention. CANADIANGIS.COM 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. 2 Atlas of Mi’kmaw Place Names The Atlas of Mi’kmaw Place Names is an online interactive map with more than 700 place names derived collected from interviews with Mi’kmaw Elders and ... REQUEST FOR DECISION Prepared By: Sylvia Dixon, Development & Planning Technician Date 2021-06-28 Reviewed By: Chad Haughn, Director of CDRD Date 2021-06-30 Authorized By: Dan McDougall, CAO Date CURRENT SITUATION A private right-of-way accessed off of Barkies Way in Harriston (map attached) that will provide access for a future development of three or more residential homes requires a name. The landowner has proposed the road name Copperhead Rd. RECOMMENDATION It is recommended that Municipal Council approve the road name Copperhead Rd. BACKGROUND When there are three or more addressable properties using an unnamed shared right-of-way/driveway, the Nova Scotia Civic Address Users Guide states that this point of access must be named. According to P- 44, the road name is suggested following a majority agreement (66.6%) from the landowners that are served by the shared right-of-way. In this instance, the one property owner has proposed the road name of Copperhead Rd as their first choice. DISCUSSION Copperhead Rd would be a unique road name in the Municipality of Chester and in Lunenburg County. There are no similar road names to Copperhead Rd within Municipality of Chester. There is a Copperhead Rd in Fall River, Halifax Regional Municipality. Comments received for Copperhead Rd. - District 6 Councillor – Councillor Tina Connors: no objection with the proposed name - Municipal Engineer – Christa Rafuse: no objection with the proposed name - New Ross Fire Dept. – Chief Lyle Russell: no objection with the proposed name IMPLICATIONS Policy Policy P-44 – New Road Names and Road Name Changes REPORT TO: Municipal Council SUBMITTED BY: Community Development & Recreation Department DATE: 2021 SUBJECT: New Road Name Assignment ORIGIN: New Private Road Name Request by Property Owner 2 Request For Decision /Direction Financial/Budgetary A new road sign (with accessory materials) will be purchased and posted by the Infrastructure & Operations Department. Environmental N/A Strategic Priorities N/A Work Program Implications N/A OPTIONS 1. Municipal Council can approve the road name Copperhead Rd. 2. Municipal Council can decide not to approve the name and direct staff to assign a name of Council’s choosing. ATTACHMENTS 1. Petition Received 2. Location Map COMMUNICATIONS (INTERNAL/EXTERNAL) N/A 3 Request For Decision /Direction PETITIONS RECEIVED Requested Road Name of NAME Signed Petition from Property Owners, 3239295 Nova Scotia Limited 91 5582 5691 5580 61 Barkies WayHighway12Rev.:Date:Description: 0 MUNICIPALITY OF THEDISTRICT OF CHESTER From Date: N /ATo Da te : N/ADate Printed: 21/06/25 ® Legend ^_New Civic AddressCivic AddressNew Private RoadRoadDrivewayBuilding FootprintProperty BoundaryWaterbody 60 0 6030 Metres 21/06/25 Digital Folders Entry ID:1125010 Status: Ex istsProject ID: N/AClassification #: N/A Representation of Municipality of Chester within Nova ScotiaScale: 1:12 ,500 ,0 00 Scale: 1:3,000 New Private Road Name Request:Copperhead Rd New Private Road Naming Sources:Digital Base Map Data from Service N ova Scotia andMunicipal Relations Prepared by the Municipality of the District of Chester Coordinate System/Datum: UTM NAD83 CSRS ZONE20N Map Disclaim er:Information shown on these drawings is compiledfrom numerous sources and may not be complete oraccurate. The Municipality of the District of Chester isnot responsible for any erro rs, omissions ordeficiencies in these drawings. Date printed do es notreflect date ofdata. Actual Map Size: w 11" x h 8.5" ) Address:New Private Road Name RequestCommunity:HarristonFire Dept:New Ross Fire Dept.Description:New private road name request of Copperhead Rdfor access to future three or more residential dwellings. Proposed Private Road Name:Copperhead Rd