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Home My Public Portal About2022-01-27_Council_Website Agenda Package Page 1 of 2 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Thursday, January 27, 2022 Livestreamed via YouTube at https://www.youtube.com/channel/UC_uKlob3qOA6eD62x1kK5Kw 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 – 8:45 a.m. to 9:00 a.m.) 4. MINUTES OF PREVIOUS MEETING 4.1 Council – January 14, 2022. 5. COMMITTEE REPORTS 5.1 Committee of the Whole – January 20, 2022 – Warden Webber. 5.2 Lunenburg County Seniors’ Safety Program – December 2021 – Councillor Connors. 5.3 Committee of the Whole – December 2, 2021 (minutes only) – Warden Webber. 6. PUBLIC PRESENTATIONS 7. MATTERS ARISING 7.1 Second/Final Reading – Outdoor Fire By-Law No. 142 – amendments to allow residents to enjoy smaller recreational fires while limiting the possible negative aspects of burning. 7.2 First Notice – Adoption of COVID-19 Vaccination Policy – refer to Second Notice by Council on February 10, 2022. 7.3 Planning Matters Report prepared January 20, 2022 – Community Development & Recreation – Amendments to Village of Chester Secondary Planning Strategy and Land Use By-Law to permit Illuminated Signage in the Highway Commercial Zone. 8. CORRESPONDENCE Page 2 of 2 9. NEW BUSINESS 9.1 District 3 Council Grant Request – Our Health Centre - $1,654.25. 9.2 Request for Decision prepared January 19, 2022 – Community Development & Recreation – Appointment of Fire Inspector. 9.3 Request for Decision prepared December 2, 2022 – Corporate & Strategic Management – Results of Phase 1 Environmental Site Assessment – Kaizer Meadow Industrial Park Lands. 9.4 Request for Decision prepared January 19, 2022 – Community Development & Recreation – Order to demolish and Rectify (Lindsay Moland Lane). 10. IN CAMERA 10.1 Section 22(e) of the Municipal Government Act – Contract Negotiations – Fire Services. 11. ADJOURNMENT 1 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of COUNCIL MEETING Livestreamed via YouTube from 151 King Street, Chester On Thursday, January 13, 2022 MEETING CALLED TO ORDER Warden Webber called the meeting to order at 8:48 a.m. Present: District 1 – Councillor Veinotte District 2 – Deputy Warden Shatford District 4 – Warden Webber District 5 – Councillor Assaff District 6 – Councillor Connors District 7 – Councillor Church District 3 – Councillor Wells Staff: Dan McDougall, CAO Tara Maguire, Deputy CAO Pamela Myra, Municipal Clerk (via Zoom) Emily Lennox, Executive Secretary Jennifer Webber, Communications Officer Chad Haughn, Director of Community Development & Recreation Solicitor: Samuel Lamey, Municipal Solicitor APPROVAL OF AGENDA/ORDER OF BUSINESS  Public Input from Carol Nauss, Chester Municipal Heritage Society.  New Business – Councillor Assaff – DOTIR item. 2022-001 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford the agenda and order of business for the December 16, 2021, Council meeting be approved as amended. ALL IN FAVOUR. MOTION CARRIED. PUBLIC INPUT Jennifer Webber, Communications & Outreach read the input received from the Chester Municipal Heritage Society outlining events that will be taking place this year, i.e., July 1 Garden Party, July 9 Queen’s Celebration, and July 16 yard sale at the Train Station. Council (continued) January 13, 2022 2 MINUTES OF PREVIOUS MEETINGS 4.1 Council – December 16, 2021. Councillor Wells wished to clarify some statements within the minutes as follows:  Page 418 refers to review – it should refer to the Village Plan Review.  Page 419 should state “land use by-law survey”.  Page 419 – the “dark past” comment came from a letter written by VOCTADA; it was not the planner referring to the “dark past”.  Page 421 should note that the “one elephant in the room” is development agreements. 2022-002 MOVED by Councillor Assaff, SECONDED by Councillor Wells the minutes of the December 16, 2021, Council meeting be approved as amended. ALL IN FAVOUR. MOTION CARRIED. COMMITTEE REPORTS There were no Committee Reports. MATTERS ARISING There were no Matters Arising for discussion. CORRESPONDENCE 8.1 Request from #1792 Project (Carol Millett, Karen Hudson, and Kathrin Winkler) regarding a proclamation recognizing January 15, 2022 as the 230th Anniversary of the exodus of Black Loyalists from NS to Sierra Leone. 2022-003 MOVED by Councillor Church, SECONDED by Councillor Veinotte that Council issue a proclamation using the form from the Halifax Regional Municipality recognizing January 15, 2022 as the 230th Anniversary of the Day of Black Loyalist Exodus: 15 Ships to Sierra Leone. ALL IN FAVOUR. MOTION CARRIED. NEW BUSINESS 9.2 Request for Decision prepared December 10, 2021 – Community Development & Recreation - New Road Name – Marabella Place, Chester. Council (continued) January 13, 2022 3 Present via Zoom was Sylvia Dixon, Development & Planning Technician who reviewed the request for decision. 2022-004 MOVED by Councillor Wells, SECONDED by Deputy Warden Shatford that Council approve the new road name “Marabella Place” in Chester and direct staff to notify the appropriate organizations/departments. ALL IN FAVOUR. MOTION CARRIED. 9.3 Request for Decision prepared December 10, 2021 – Community Development & Recreation - New Road Name – Creekside Way, Mill Cove. 2022-005 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that Council approve the new road name “Creekside Way” in Mill Cove Chester and direct staff to notify the appropriate organizations/departments. ALL IN FAVOUR. MOTION CARRIED. 9.4 Request for Decision prepared December 14, 2021 – Infrastructure & Operations – Region 6 Waste Management Budget. The CAO and Councillor Veinotte outlined the requirement for Council to review and approve the recommended budget for Region 6, noting that the change percentage wise (11.53%) seems large, but the reality is a few thousand dollars (from $10,432 to $15,012.16). 2022-006 MOVED by Councillor Veinotte, SECONDED by Councillor Assaff that Council approve the support of the Region 6 Solid Waste Management Budget for 2022/23 in the amount of $788,025 (MOC share is $15,012.16) as per the budget letter received from Region 6 Solid Waste Resource Management dated December 7, 2021. ALL IN FAVOUR. MOTION CARRIED. 9.5 Discussion – Fireworks – Councillor Veinotte. Councillor Veinotte indicated that he had received a request from a resident concerned about the disruption that backyard fireworks have to people and animals. The matter is divisive – some people are in favour of fireworks and others are concerned about the impact on some people and animals. The following comments were made:  Are they regulated?  Consideration of dates that fireworks may be expected and allowed to be used, i.e., New Year’s Eve.  Concern about the impromptu times that fireworks are used.  Cumberland includes fireworks in their noise by-law.  Unable to ban them as it is a provincial regulation. Council (continued) January 13, 2022 4  Public education should be the first step. o Advising neighbours if fireworks are to be used.  The noise carries for miles and not all would be able to be notified. o The potential impact to people and animals.  Requirement of permits? – not for the smaller fireworks purchased locally. Large scale fireworks require insurance and a qualified person to set them off. Council agreed that education is important and directed communication staff to promote educational material and direct staff to determine what options may be available. PUBLIC PRESENTATIONS 6.1 Angela Chisholm (9:15 a.m.) – 2022 World Sailing Championships. Angela Chisholm, Bill Doane, and John Flemming joined the meeting via Zoom. The representatives reviewed the upcoming 49erFX 2022 World Sailing Championship to be held in Hubbards in August of 2022. They also provided an overview of their interest and activities within the sailing world and the Hubbards Yacht Club. They reviewed the information provided, commenting on the Vision, the Legacy, the event which will take place over nine days (not including the lead up to the event); however, the various events will start in August and end Labour Day weekend in September. She noted that there is a 49er team that resides in Chester and they are on the development path for the 2024 Olympic games. They are expecting 200 boats (400 sailors) who will be accompanied by coaches, officials, volunteers, friends, and family. The STEAM Projection done by the province indicates that there will be a $4.4 Million impact. The event will take place across two municipalities – Halifax Regional Municipality and Chester. The locations of events were also outlined, and it was noted that St. Margaret’s Bay supports the courses required. They also noted this is the first time it will be held in Canada; in the past it has been held in other countries all over the world. There are business opportunities, community opportunities, volunteer opportunities, opportunities to assist, accommodations and promotion of the local area. Council (continued) January 13, 2022 5 They have requested funding from all levels of government and have received funding and/or in kind from those levels ($500,000 from HRM, ACOA, assets from Develop NS, Event NS, $200,000 from the Province); the request to the Municipality is $119,000. The budget for the infrastructure is $1.5 Million and the budget for the operational side is $1.4 Million. They have a contingency for any potential COVID cancellations – they are putting together a risk mitigation plan with Sail Canada. The COVID cycle is different in the summer months. The long term benefits for both sides of the county line were briefly outlined. Warden Webber thanked the participants for the information. A break was held from 9:53 a.m. to 10:06 a.m. 6.2 Susan Crocker (9:30 a.m.) – Chester Playhouse. Present via Zoom was Susan Crocker, Kirk MacCulloch, and Andrew Chandler from the Chester Playhouse. Ms. Crocker indicated that they were here previously because of a supply chain problem with the renovation of the Playhouse due to COVID. Then the playhouse was destroyed. She outlined how they have been continuing without the facility by having venues throughout the Municipality. As complex as it has been to set up a different venue for each event it has been a silver lining – the vision has been for residents to view the playhouse as their playhouse as well as other venues. They are now ready to move on with the reconstruction; the inside has been stripped down with the wood from standing. It was important to note that they have gone from a situation where there were grandfathered aspects of the building renovation to the current situation where the building must meet national building code requirements. They have funds from insurance to get started but the budget will exceed the insurance payout and cash on hand by approximately $1 Million. Their experience has underscored the need for rebuilding – professional performances are technically sophisticated. Other spaces are designed with different uses – they are the social infrastructure of the communities, but the playhouse needs to be rebuilt as a year round safe environment that showcases artists and people who want to visit the region. Council (continued) January 13, 2022 6 The request of the Municipality is $200,000 which is 10% of the total budget of $2 Million. This commitment from the Municipality will give a strong signal about local leadership. Council acknowledged the fire was a tragic event and knows that the Playhouse is doing its best with the challenges they have – the building code doesn’t make rebuilding simple. This is the second application this morning that doesn’t fit the requirements although both are good projects. Ms. Crocker introduced Kirk MacCulloch and Andrew Chandler – Executive Director. The policy of $100,000 as a maximum request was reviewed. The Playhouse is eligible for $100,00, the question is whether the Municipality provides the other $100,000 – this is an exceptional circumstance noted Councillor Church. Councillor Connors complimented the Playhouse “theatre without walls” and the outreach in terms of going to communities is massive. It was a wonderful experience in New Ross. She also noted that previously the Playhouse provided a venue for young performers who took part in the music program by Jamie Junger. It may have been the first or only time they would have that professional venue in terms of performing. She would like that to happen again. The benefits of remaining at that location were outlined. Council thanked the Playhouse for their efforts and Ms. Crocker thanked Council for their time this morning. NEW BUSINESS 9.1 Major Grant Program. There was a lengthy discussion on the Major Grant Projects presented this morning by the Hubbards Yacht Club and the Chester Playhouse. Council generally agreed that the request of the Chester Playhouse is easy to support in that it is an exceptional circumstance as it burned down. The Sailing Club is a private members group. It was noted that a grant for Economic Development is based on policy that is driven by Council and not a community group. Council did want to support the event, but it is just a question of how Council approaches it. The economic benefit is important, and a world class event not seen here before. Council (continued) January 13, 2022 7 It was noted that the Municipality supports youth programs but not sailing club programs or capital projects as they are not open to the public. Concern was noted that there may not be any long term benefits from the Hubbards event although it is a good project and brings recognition to the community as a world class event. It is an exception – how do you deal with it going forward. It was noted that Council is in an exceptional situation that requires an exceptional response. The Playhouse is available for all walks of life and all ages. When the fund was established from wind revenue, this is exactly the sort of thing Council had hoped to fund. If a fire had occurred in the arena, no question this Council would be supporting. Preserving and supporting the arena promotes one of our core values – physical wellbeing of residents. It is same for preserving the Playhouse as it preserves mental health of residents. It is important. It was suggested that if the Playhouse is provided with $200,000 it was hoped that they would know it was a one-time amount and that the Municipality would not like to have another grant request for several years. The Hubbards sailing event is important and it is wonderful it is coming to our area although a lot of it is taking place on the HRM side. It will have an economic impact but not likely as much on the Chester side. It was suggested that sponsoring the event rather than requesting a grant for infrastructure would be a more appropriate ask. It is a huge event with people visiting the province for the month of August. It is hoped Council can find a way to support the event. Chad Haughn, Director of Community Development & Recreation noted that they have not yet submitted an application – today was a preliminary presentation to determine if Council would accept and consider the application. There is still an opportunity for the host of the event to present an application prior to the January 31st deadline. Concern about making an exception for a private club creates a problem. If a broader organization submitted an application, it would make the consideration of Council simpler. It was noted that although it sounds as if Council wants the organization to make an application, that does not automatically mean the application is a done deal. If the organization submits, then Council can review and consider the application. Council wished to make it clear that they believe both projects are wonderful and will be great for the Municipality and the Province. However, not all requests can be approved in their entirety. It was also noted that help can come in a variety of ways; a grant is only one way. Council (continued) January 13, 2022 8 Council gave staff direction to advise the Playhouse to submit the application; Council is willing to consider it. Council gave direction to staff to have a discussion with the host organization of the sailing event regarding a grant application. 9.6 Playground signs at Gold River Playground – Councillor Assaff. Councillor Assaff voiced concern about the speed of vehicles past the Gold River playground. It was agreed to have staff write the NS Department of Public Works (formerly Transportation) requesting a bigger playground sign with the speed limit posted on it. 9.7 Green Carts – Deputy Warden Shatford. Deputy Warden Shatford forwarded a picture of a damaged green cart and asked that it be added to the next agenda. IN CAMERA There were no In Camera items for discussion. ADJOURNMENT 2022-007 MOVED by Councillor Assaff, SECONDED by Councillor Church the meeting adjourn. (10:45 a.m.) ___________________________ ___________________________ Allen Webber Pamela Myra Warden Municipal Clerk MOTIONS FOR APPROVAL OF COUNCIL FROM JANUARY 20, 2022 COW MEETING 2022-008 ADOPTION OF AGENDA 2022-009 APPROVAL OF DECEMBER 2, 2021 COW MINUTES 2022-010 NOTICE OF INTENTION TO ADOPT – VACCINATION POLICY MOVED by Councillor Wells, SECONDED by Councillor Church that the Committee of the Whole recommend to Council to adopt the draft Policy P-108 COVID-19 Vaccination Policy and refer to Council for First Notice. ALL IN FAVOUR. MOTION CARRIED. 2022-011 ACCEPTANCE OF 2021 YEAR END HEALTH & SAFETY REPORT AND DIRECTION TO DEVELOP THE 2022 SAFETY WORK PLAN MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the Committee of the Whole recommend to Council to accept the Year End 2021 Health and Safety Report and direct staff to continue development of the 2022 Safety Workplan and associated operating budget to include implementation of integrated health software in support of the continuing development and implementation of the Municipality of the District of Chester’s Health & Safety Program. ALL IN FAVOUR. MOTION CARRIED. 2022-012 PURCHASE OF 4X4 TRUCK MOVED by Councillor Church, SECONDED by Councillor Veinotte that the Committee of the Whole recommend to Council to approve the order of a new 2022 Ram Tradesman 2500 4X4 pick-up truck from Saunders Motors for $66,976.50 with 10% add-on for required aftermarket safety accessories for a not to exceed amount of $76,834.78, net HST. ALL IN FAVOUR. MOTION CARRIED. 2022-013 IN CAMERA MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that the Committee of the Whole convene In Camera as per:  Section 22(2)(a) of the Municipal Government Act – Acquisition, sale, lease, and security of municipal property – Countway/Mosher House.  Section 22(2)(e) of the Municipal Government Act – Fire Services Contract. ALL IN FAVOUR. MOTION CARRIED. 2022-014 ADJOURNMENT Lunenburg County Seniors’ Safety Program Monthly Report - December 2021 Report prepared: January 17, 2022 The LCSSP is a free confidential community-based non-profit service that works collaboratively with BPS, RCMP, and many community partners to help address the safety concerns of older adults (55 years of age+), residing in Lunenburg County. Service is provided through awareness campaigns, advocacy, community outreach projects, educational programs, community presentations and one to one service. Nature of Referrals December Service in Municipal Units December Supports needed 76 MODC 29% Reported elder abuse 25 MODL 30% Driving decisions/transportation 5 Mahone Bay 4% Personal safety 12 Lunenburg 5% Health & wellness 60 Bridgewater 31% Supports needed – hoarding 9 Other/Unknown 1% Precarious housing concerns 47 Data to Date December Assistance with forms/applications 19 Total # of clients 98 Financial management/hardship 14 # of new referrals 44 Reported scams/fraud 4 # of clients receiving service 79 Housing repair 5 # of home visits/door step visits 53 Reported domestic violence risk 4 # of closed files 41 Legal issues 7 Equipment needs 4 Need of financial trustee 3 Social isolation and loneliness 4 LCSSP UPDATES: • Community outreach projects: Santa’s for South Shore Seniors, Santa’s for Seniors, Flourish Centre Giving Tree and Mama Pita Bears. Thank you to everyone who participated in these heart-filled programs. • LCSSP - P2P Digital Literacy for Lunenburg County, New Horizons grant project ongoing. • Seniors’ Legal Navigator Phase 2, Law Foundation of NS grant application has been submitted for consideration. • LCSSP: Home Management Navigator, Age-Friendly Communities Grant application has been submitted for consideration. • The LCSSP will see a staff reduction in January 2022 as we no longer have funding for part-time Coordinator hours. This change may impact service availability and response times. We ask for your patience and understanding as we continue to strive for funding. LCSSP CLIENT EMERGENCY CONTINGENCY FUND (CECF) REPORT: The CECF continues to serve the community in partnership with other organizations to help mitigate risk for seniors experiencing financial hardship. Precarious housing, medication and transportation costs were supported during this period of reporting ($320). A generous donation of $1,000 has been received from Earth Angels. The December 30th, 2021 balance is: $1,154.68. ‘Thank you to all Lunenburg County Seniors’ Safety Program supporters. We couldn’t do what we do without you.’ Municipality of the District of Chester Outdoor Fire By-Law By-Law No. 142 Amended: Effective Date TBD OUTDOOR BURNING BY-LAW NO. 142 PAGE 2 OF 12 _________________________________________________________________________________________________ Notice at Committee – Committee of the Whole – First Reading – Council – Second Reading – Council – Effective Date - MUNICIPALITY OF THE DISTRICT OF CHESTER BY-LAW # 142 OUTDOOR FIRE BY-LAW 1. AUTHORITY and PURPOSE 1.1 Section 172 (a), (b), and (d) of the Municipal Government Act provides Municipalities with the power to make bylaws respecting the health, well-being, safety and protection of persons, the safety and protection of property, and activities that may cause nuisances including burning, odours, and fumes. 1.2 This By-law shall be known as the Outdoor Fire By-law and is intended to control hazards and nuisances to the public associated with outdoor fires. 2. INTERPRETATION In this By-Law: 2.1 "Acceptable Outdoor Burning Pit" means an outdoor receptacle open to the sky that; (a) is designed to contain fire and prevent it from spreading, (b) is constructed on all sides including the bottom from natural stone, bricks, block, concrete, heavy gauge metal (min. 4 mm thickness), or other suitable non- combustible components, and is no more than 1 meter in any dimension, and (c) has a spark arrestor or metal mesh screen no larger than 1.25 cm of opening covering the complete opening to contain sparks or blowing debris. 2.2 “Acceptable Outdoor Propane Fireplace” means a commercially manufactured fire pit or fireplace fueled by natural gas, liquified petroleum gas or bio ethanol intended for recreational outdoor fires and having CSA, ULC or equivalent approval under the requirements of the Nova Scotia Fuel Safety Regulations. 2.3 “Acceptable Outdoor Wood Burning Appliance” means a Chimenea or other similar commercially manufactured recreational outdoor wood burning appliance that; (a) is constructed from a suitable fire-resistant material and has a firebox intended for burning small quantities of wood or charcoal, and OUTDOOR BURNING BY-LAW NO. 142 PAGE 3 OF 12 _________________________________________________________________________________________________ Notice at Committee – Committee of the Whole – First Reading – Council – Second Reading – Council – Effective Date - (b) has a spark arrestor or metal mesh screen no larger than 1.25 cm of opening covering the complete opening to contain any sparks or blowing debris. 2.4 “ Chester Outer Fire Control Area” means that area of the Municipality indicated on the Map as Chester Outer Fire Control Area attached as Schedule B. 2.5 "Council" means the Council for the Municipality of the District of Chester. 2.6 "Emergency Management Organization" means the Regional Emergency Management Organization (REMO) as established for the County of Lunenburg. 2.7 "Fire Chief" means the Fire Chief for a fire department registered with the Municipality. 2.8 "Garden and Yard Waste" means any shrubbery, tree prunings, leaves, brush, weeds, roots, tree stumps, grass, root mat, turf and similar vegetation debris resulting from property development and/or general maintenance. 2.9 "Hazard" means a risk of fire or damage which may be caused by Outdoor Burning, and which may adversely affect property and/or persons as determined by the Municipality or Fire Chief. 2.10 "Municipality" means the Municipality of the District of Chester. 2.11 “Nuisance" means the causing of quantities of smoke or other emission from Outdoor Burning that may cause discomfort, injury or otherwise adversely or unreasonably affect the enjoyment by other persons of their property as determined by the Municipality. 2.12 “Open Air Fire” means any fire located anywhere on a property which is not contained within an Acceptable Outdoor Burning Pit, an Acceptable Outdoor Wood Burning Appliance or an Acceptable Outdoor Propane Fireplace. 2.13 “Outdoor Burning” means any combustion, whether or not fire is present or visible, located any place on property including inside any appliance that is not fully enclosed by a building or structure. Fire contained within a Portable Barbecuing Appliance is not defined as Outdoor Burning. 2.14 "Outdoor Furnace" means an outdoor wood burning appliance used for the space heating of buildings, the heating of water or other similar purposes. 2.15 “Portable Barbecuing Appliance" means an appliance sold or constructed for the purpose of cooking food outdoors, normally fueled by liquefied petroleum gas, natural gas, compressed briquettes or charcoal and having CSA, ULC or equivalent approval. OUTDOOR BURNING BY-LAW NO. 142 PAGE 4 OF 12 _________________________________________________________________________________________________ Notice at Committee – Committee of the Whole – First Reading – Council – Second Reading – Council – Effective Date - 2.16 “Prohibited Materials” means domestic or commercial garbage or waste, household hazardous waste, construction and demolition debris, plastics, paint, treated lumber, railway ties, manure, rubber, asphalt, asphalt products, fuel and lubricant containers, biomedical waste, tires or other materials that are required to be recycled or disposed of in accordance with current waste management practices established by the Municipality. 2.17 “Property" means for the purpose of the By-Law, a parcel of land owned by a person or two or more contiguous parcels of land owned by the same person. 2.18 “Owner” means a person who owns, manages, possesses or controls, or directs activity carried out on land or premises and includes a person shown on the Assessment Roll for the Municipality as the assessed owner or occupant of the land or premises. 2.19 “Solid fuel” means dry seasoned hard or soft wood, charcoal, mechanically processed fiber wood, pelletized wood and wood chips. 2.20 “Suitable fire protection equipment” means tools and equipment useful in extinguishing fires and preventing the spread of fires including but not limited to fire extinguishers, water containers, portable pumps and water tanks and hoses attached to an adequate water supply. 2.21 ” Chester Village Fire Control Area" means that area of the Municipality indicated on the Map as Chester Village Fire Control Area attached as Schedule B. 3. PROHIBITITED BURNING 3.1 On any lands within the Municipality no person shall be permitted to have Outdoor Burning that: (a) contains Prohibited Materials, (b) creates a Nuisance or Hazard, (c) is not in compliance with any conditions and/or restrictions imposed by the Department of Lands and Forestry or Provincial Government including any burning restrictions or burn bans, (d) is not in compliance with applicable Federal and Provincial laws and regulations, (e) is intended for the purpose of demolition of any building or structure without the written consent of the Minister of Environment of Nova Scotia and in accordance OUTDOOR BURNING BY-LAW NO. 142 PAGE 5 OF 12 _________________________________________________________________________________________________ Notice at Committee – Committee of the Whole – First Reading – Council – Second Reading – Council – Effective Date - with Air Quality guidelines and without first obtaining written permission of the local Fire Chief, (f) is not attended by an adult responsible for the fire, minimum 19 years old, and present on the property while the fire is burning and until the fire is extinguished, (g) is not provided with suitable fire protection equipment within reasonable distance from where the fire is located and there is the ability to contact the local fire services immediately if the fire is or appears to be getting out of control. 4. CHESTER OUTER FIRE CONTROL AREA 4.1 On any land within the Chester Outer Fire Control Area, persons shall be permitted to have an Open-Air Fire or Outdoor Burning that burns Solid fuel provided that: (a) the fire does not exceed the size of 1 meter in diameter, (b) the fire is located no closer than 4.5 meters from any building, combustible structure, combustible materials or bordering property line. 4.2 On any land within the Chester Outer Fire Control Area, persons shall be permitted to operate an Acceptable Outdoor Burning Pit, an Acceptable Outdoor Wood Burning Appliance, or an Acceptable Outdoor Propane Fireplace, on a wooden deck, provided: (a) it is positioned on a CSA approved fire-proof pad which extends 0.5 meters from the door opening and at least 0.2 meters on all sides, (b) is 2 meters from the building and 1 meter from any combustible surface not appropriately protected by a CSA approved fire proofing material and, (c) is operated to meet the stricter standard between this By-law and the manufacturer’s instructions for the appliance. 4.3 On any land within the Chester Outer Fire Control Area, persons shall be permitted to have Open-Air Fires or Outdoor Burning for removing or burning of Garden and Yard Waste provided: (a) the fire does not exceed the size of 3 meters in diameter and 2 meters in height, (b) the fire is located no closer than 4.5 meters from any building, shed, garage, out building, trees or other combustibles and no closer than 9 meters from the bordering property line, and OUTDOOR BURNING BY-LAW NO. 142 PAGE 6 OF 12 _________________________________________________________________________________________________ Notice at Committee – Committee of the Whole – First Reading – Council – Second Reading – Council – Effective Date - (c) only one fire is burned on the property at one time. 5. CHESTER VILLAGE FIRE CONTROL AREA 5.1. On any land within the Chester Village Fire Control Area, no person shall be permitted to operate an Outdoor Furnace, 5.2. On any land within the Chester Village Fire Control Area, persons shall be permitted to have Outdoor Burning in an Acceptable Outdoor Burning Pit, an Acceptable Outdoor Burning Appliance, or an Outdoor Propane Fireplace, provided that: (a) only Solid fuel is burned in an Acceptable Outdoor Burning Pit or an Acceptable Outdoor Wood Burning Appliance, (b) the appropriate fuel is used in an Acceptable Outdoor Propane Fireplace, and it is operated in accordance with manufacturer’s instructions. (c) the Acceptable Outdoor Burning Pit, Acceptable Outdoor Wood Burning Appliance, or Acceptable Outdoor Propane Fireplace is located a minimum of 3 meters from any building, combustible structure, combustible materials or bordering property line. 5.3 On any land within the Chester Village Fire Control Area, persons shall be permitted to have an Open-Air Fire provided that: (a) only Solid fuel is used, (b) it does not exceed 0.75 m in diameter, (c) is located a minimum of 3 meters from any building, combustible structure, flammable or combustible materials or bordering property line, and (d) only one fire is burned on the property at one time. 5.4 On any land within the Chester Village Fire Control Area, persons shall be permitted to operate an Acceptable Outdoor Burning Pit, an Acceptable Outdoor Wood Burning Appliance, or an Acceptable Outdoor Propane Fireplace, on a wooden deck, provided: (a) it is positioned on a CSA approved fire-proof pad which extends 0.5 meters from the door opening and at least 0.2 meters on all sides, OUTDOOR BURNING BY-LAW NO. 142 PAGE 7 OF 12 _________________________________________________________________________________________________ Notice at Committee – Committee of the Whole – First Reading – Council – Second Reading – Council – Effective Date - (b) is 2 meters from the building and 1 meter from any combustible surface not appropriately protected by a CSA approved fire proofing material and, (c) is operated to meet the stricter standard between this By-law and the manufacturer’s instructions for the appliance. 6. ENFORCEMENT: 6.1 The MOC By-Law Enforcement Officer is responsible for enforcement of this By-law. Where the By-law Enforcement Officer or their designate determines that an Open-Air Fire or Outdoor Burning poses a Hazard or a Nuisance to persons or property or where there is a failure to comply with any provision of this By-law, they or a designate, may issue an Order to the property owner to have the fire extinguished and/or to take any other remedial action that may be required to meet the provisions of the By-Law. 6.2 A Fire Chief may extinguish or order to be extinguished any Open-Air Fire or Outdoor Burning, if in the opinion of the Fire Chief the fire is a Hazard 7. OFFENCES AND PENALTIES: 7.1 Any person who contravenes or fails to comply with any of the provisions of this By-Law or any Notice or Order given pursuant is guilty of an offense punishable on summary conviction by a fine of no less than $250.00 and not exceeding $5,000.00 for each offence, as per Schedule "A" attached and in default of payment to imprisonment of not more than 90 days for each offense. 8. COMPLIANCE WITH OTHER ACTS AND BY-LAWS 8.1 Nothing in this By-law shall exempt any person from obtaining any license, permission, permit authority or approval required under any other By-law or regulation of the Municipality or any statute or regulation of the Province of Nova Scotia. If this By-law conflicts with any other statute or regulation of the Province of Nova Scotia, the more restrictive statute shall apply. 9. REPEAL 9.1 The Outdoor Burning Bylaw and amendments thereto are repealed upon the coming into force of this By-law. OUTDOOR BURNING BY-LAW NO. 142 PAGE 9 OF 12 _________________________________________________________________________________________________ Notice at Committee – Committee of the Whole – First Reading – Council – Second Reading – Council – Effective Date - SCHEDULE “A" OFFENCE Penalty First offence $ 250.00 Second Offence $1000.00 Third Offense $ 5000.00 OUTDOOR BURNING BY-LAW NO. 142 PAGE 10 OF 12 _________________________________________________________________________________________________ Notice at Committee – Committee of the Whole – First Reading – Council – Second Reading – Council – Effective Date - SCHEDULE “B " DRAFT Municipality of the District of Chester Covid-19 Vaccination Policy Policy P-108 Effective Date: To be determined Policy P-108 – Covid-19 Vaccination Policy Page | 2 Notice of Intention to Adopt: Committee of the Whole – January 20, 2022 First Notice: Council – Council – January 27, 2022 Second Notice: Council – Council – February 10, 2022 Effective Date: 1. BACKGROUND The Municipality of Chester (the “Municipality”) is committed to providing a safe working environment. The health and safety of the Municipality employees, Council, and members of the public is a key priority. The Municipality is committed to taking every precaution reasonable in the circumstances for the protection of the health and safety of employees from the hazard of COVID-19. Vaccination is a key element in the protection of employees against the hazard of COVID-19. Full vaccination has been shown to be effective in reducing COVID-19 virus transmission and protecting vaccinated individuals from severe consequences of COVID-19 and its variants. There is evidence demonstrating a higher incidence of COVID-19 among unvaccinated populations. 2. PURPOSE The purpose of this policy is to provide the Municipality’s expectations and requirements of employees, Council, volunteers, and committee members with respect to COVID-19 vaccination requirements so that all Municipality personnel can do their part to keep each other and the public safe. By doing so, the Municipality is committed to ensuring to those working or interacting with others in Municipal work environments a level of comfort that all within the workplaces have a minimum level of vaccine protection. 3. SCOPE This policy applies to all Municipality of Chester employees, Council, volunteers, and public Committee members, regardless of workplace location. This Policy does not apply to members of the public who are accessing Municipal services and programs; however, Municipal staff may require proof of vaccination status from members of the public in accordance with Provincial directives. The Municipality, at the discretion of the Chief Administrative Officer or their designate, apply this Policy to contractors who are working on Municipality premises. 4. DEFINITIONS 4.1. “Booster” means an additional dose of an approved COVID-19 vaccine received after 168 or more days have passed since becoming Fully Vaccinated” in accordance with guidelines from Nova Scotia Health. Policy P-108 – Covid-19 Vaccination Policy Page | 3 Notice of Intention to Adopt: Committee of the Whole – January 20, 2022 First Notice: Council – Council – January 27, 2022 Second Notice: Council – Council – February 10, 2022 Effective Date: 4.2. “Fully Vaccinated” means meeting the requirements for full vaccination, as may be changed from time to time, by Nova Scotia Health. Currently this means: a) 14 days or more have passed since having received the second dose of a two-dose series of an approved COVID-19 vaccine; b) 14 days or more have passed since having received a single dose series of an approved one-does service of COVID-19 vaccine. 4.3. “Proof of Vaccination” means the presentation of an acceptable copy of a Nova Scotia or Health Canada COVID-19 Vaccination record. For those vaccinated outside of Canada, they may use the proof of vaccination record obtained from another jurisdiction to apply for a Nova Scotia Proof of Vaccination card. 4.4. “Vaccine” means a vaccine against COVID-19 and its variants that has been approved by either Health Canada or the World Health Organization. 5. POLICY 5.1. The Municipality requires all current and new employees, Council, public members of Committees of Council, and volunteers, to be Fully Vaccinated from COVID-19 and its known or future variants. Proof of vaccination must be provided within two weeks of the effective date of this policy. 5.2. The Municipality requires all current and new employees, Council, public members of Committees of Council, and volunteers to obtain a Booster dose as soon as they are eligible, and it is reasonably practicable for them to schedule and attend an appointment for the Booster dose. 5.3. Any employee who fails to comply with the requirements of this Policy within 60 calendar days of the effective date of this Policy will be placed on an immediate unpaid leave of absence and may be subject to disciplinary action, up to and including dismissal. 5.4. Prior to being placed on an unpaid leave of absence, any employee who has not provided proof of full vaccination will be considered unvaccinated, may be subject to temporary health and safety measures during the period of time they remain unvaccinated. 5.5. Based on operational needs, positions vacated by employees who have been placed on unpaid leaves of absence may be temporarily filled. Policy P-108 – Covid-19 Vaccination Policy Page | 4 Notice of Intention to Adopt: Committee of the Whole – January 20, 2022 First Notice: Council – Council – January 27, 2022 Second Notice: Council – Council – February 10, 2022 Effective Date: 5.6. Volunteers, students, and contractors who fail to comply with the requirements of this Policy within 60 calendar days of the effective date of this Policy will be prohibited from working on municipal properties and work sites. 5.7. Council and Committee members who fail to comply with the requirements of this Policy within 60 calendar days of the effective date of this Policy, will be prohibited from attending meetings in person and may be subject to further penalties, including suspension of any financial compensation. 5.8. The Municipality will verify proof of Full Vaccination but will not retain copies of vaccination documentation. The Municipality may request proof of booster doses. 5.9. The Municipality will provide adequate paid time off work when operationally feasible for employees to attend their vaccine appointment(s). 5.10. The Municipality recognizes that it has a duty to accommodate to the point of undue hardship employees who cannot receive the vaccine for any reason protected by the Nova Scotia Human Rights Act, such as medical restrictions or religion. Employees may be required to provide appropriate documentation to support their inability to receive the COVID-19 vaccine. Employees seeking an exemption from this Policy must do so by submitting a request in writing to the Chief Administrative Officer. a. The Municipality will review the information on a case-by case basis and inform the employee of the outcome of their request. b. If approved, employees will be expected to participate in the accommodation process with the CAO and their direct supervisor. c. Anyone who receives an employer approved exemption will be accommodated in the workplace to the point of undue hardship. The Municipality may make accommodations, including alternate measures to protect the employee and the workplace from the transmission of COVID-19. Employees with an approved accommodation will be required to meet additional health and safety requirements such as wearing specific personal protective equipment (PPE), undergoing rapid testing and/or may be relocated or reassigned. Policy P-108 – Covid-19 Vaccination Policy Page | 5 Notice of Intention to Adopt: Committee of the Whole – January 20, 2022 First Notice: Council – Council – January 27, 2022 Second Notice: Council – Council – February 10, 2022 Effective Date: 5.11. Any form of harassment based on vaccination status is not acceptable in the workplace. Employees who are found in violation of this section may be subject to disciplinary action, up to and including dismissal. 5.12. Failure to adhere to the conditions of an Employer-approved exemption, or the provision of any false information in relation to vaccination status or an exemption request, may be considered misconduct and subject to disciplinary action up to and including dismissal. 5.13. This Policy may be revised by the Municipality from time to time in accordance with directives from the Province of Nova Scotia and/or Nova Scotia Health. Version Number Description Policy Editor Policy Sponsor Approval Date 2022-01-20 Policy created CAO and Deputy CAO Corporate and Strategic Management Annotation for Official Policy Book Reason for Adoption Notice of Intention to Adopt Committee of the Whole – January 20, 2022 2022-??? Date of First Notice at Council Council – January 27, 2022 2022-??? Date of Second Notice at Council Council – February 10, 2022 2022-??? Effective Date I certify that this Policy was adopted by Council as indicated above. _______________________________________ Pamela M. Myra, Municipal Clerk Date PLANNING MATTERS REPORT REPORT TO: Municipal Council MEETING DATE: January 27, 2022 DEPARTMENT: Community Development and Recreation SUBJECT: Amendments to Village of Chester Secondar y Planning Strategy and Land Use By-law to Permit Illuminated Signage in the Highway Commercial Zone ORIGIN: Council discussion July 15, 2021 & Petition from Councillor Barkhouse Date: January 20, 2022 Prepared by: Garth Sturtevant, Senior Planner Date: Reviewed by: [staff, title] Date: January 20, 2022 Authorized by: Dan McDougall, Chief Administrative Officer APPLICATION OVERVIEW Applicant: Council Initiated via petition presented by Councillor Barkhouse in support of permitting illuminated signs with signatures from local business owners. Proposal: Speak with business owners and return with a report and draft amendments to permit and regulate illuminated signs. Location: All properties within the Highway Commercial Zone Zone: Highway Commercial Zone Rezoning Required: ___ Yes___ No ___N/A Neighbour Notification: Not required under Section 2.18 of the Chester Village Land Use By-law. This file contains draft amendments that are general in nature, which are proposed to impact the entire Highway Commercial Zone. RECOMMENDED MOTION For discussion and consideration. CURRENT SITUATION Illuminated signage has become a contentious issue in Chester Village. Illuminated signs were prohibited in 2012, with existing signs permitted to remain in use. The business community has made numerous appeals to Council to permit this type of signage with regulations for properties abutting Highway 3. A petition, signed by multiple business owners, and presented by Councillor Barkhouse, in support of regulating illuminated signs, was presented to Council. Staff received direction to discuss this issue with the business community and return with a report and draft amendments to permit and regulate illuminated signage. BACKGROUND Prior to 2012, internally illuminated signs, those which emit light from within the sign, were permitted in Chester Village except within the Inner Architectural Control Area. Illuminated signs were regulated in a similar manner P l a n n i n g M a t t e r s R e p o r t – I l l u m i n a t e d S i g n s i n H C Z o n e P a g e | 2 to non-illuminated signs, including regulations of size, height, placement and ensuring the sign did not create or worsen a hazard or safety concern. In 2012 as part of a package of amendments resulting from the Highway 3 Streetscape Plan, illuminated signs were no longer permitted within the Chester Village Planning Area. Existing signs which used internal illumination were permitted to remain and be repaired, but no new illuminated signs were permitted. The intent behind these changes was to bring more detailed architectural controls outward from the Village centre and introduce new requirements for development along Highway 3. Within several years of the new regulations being in place, Council and staff began to hear concerns from the business community. These concerns were mainly in relation to the prohibition on any form of illuminated signage. Several businesses wished to replace non-illuminated signage with signs that incorporated illumination. Others wished to replace existing illuminated signs with new designs or logos and were prohibited from doing so. Council heard that this inability to use internally illuminated signs caused safety concerns in the case of workers having to climb ladders to change wording on changeable copy signs. Additionally, it was stated that this approach does not support business growth and development in an area, Highway 3, that would traditionally see highway oriented commercial development. Planning and Economic Development staff have met with most of the business owners listed on the petition to discuss the current situation and potential options to permit and regulate illuminated signs. This report follows similar work done in 2021 in response to a request to install new drive-through signage at Tim Horton’s. A portion of the draft amendments attached to this report had originally been proposed in response to the request for drive-through signage. Responding to community feedback and a recommendation from the Chester Village Planning Advisory Committee, Council opted to scale back the proposed amendments and proceed with amendments to create a new category of sign “Drive-through Menu Board Sign”. These signs are unique to drive-through uses and are permitted to use internal illumination. This change has left the larger issue of illuminated signage beyond drive-throughs, open for discussion and consideration. Adopting regulations for Drive-through Menu Board Signs included a discussion on how frequently the sign content or image could be altered. With the specific type of Drive-through Menu Board Sign, Council was comfortable allowing a more frequent change of image (8 seconds) as opposed to those signs which may be visible from a public street. The amendments attached to this report have the benefit of being designed to be viewed from a public street and therefore have a strict regulation on the frequency of change as discussed later in this report. DISCUSSION Existing Illuminated in Chester Village In preparing this report, staff conducted site visits to identify existing illuminated signs. Staff determined there are nine or more existing illuminated signs currently in use. The existing illuminated signs have been plotted on a map attached to this report as Appendix B. P l a n n i n g M a t t e r s R e p o r t – I l l u m i n a t e d S i g n s i n H C Z o n e P a g e | 3 The count of existing illuminated signs did not include small signs placed in a window which display the word “Open” or advertise the businesses hours of operation. These smaller signs are addressed in the proposed amendments and detailed later in this report. The Land use By-law considers illuminated signs as signs which include internal lighting that is projected through a transparent or translucent material. This type of sign is typical of moderately sized commercial uses and is commonly used for Fixed Wall Signs, Window and Ground (pylon) Signs. This type of signage is regularly associated with a corporate brand, with standardized signage. Proposed Amendments to Permit Illuminated Signs The draft amendments have been developed to provide a balanced approach by permitting illuminated signs only within the Highway Commercial Zone. The proposed regulations contained in the Land Use By-law are also aimed at limiting the impact of illuminated signs on neighbouring properties that are not also zoned Highway Commercial. Policy changes to the Chester Village Secondary Planning Strategy outline the reasoning and provide support for the change. While illuminated signage has been considered inappropriate in Chester Village by some, the draft amendments support their use only for properties adjacent to Highway 3. These properties have been identified, in both the Highway 3 Streetscape plan and in previous reporting as being best suited for commercial development. The more controversial aspect when discussing the Highway Commercial Zone is the design and level of architectural controls that should be required for new structures and significant additions to existing structures. An in-depth discussion on the current and future vision for this area is required and will occur as part of the Village Plan Review. In the interim, illuminated signage has become a priority topic for the business community and Council has directed staff to produce draft amendments for consideration to permit and regulate this type of signage. The term illuminated sign was previously defined in the Land Use By-law, the proposed amendments would slightly alter this definition to read as follows: ILLUMINATED SIGN means any sign which emanates light through transparent or translucent material from a light source within the sign, including neon light signs and digital display signs, but does not include a sign which has external lighting, such as flood lights, directed at it. Existing Illuminated Sign (Ground Sign) Existing Illuminated Sign (Fixed Wall) Existing Illuminated Sign (Ground Sign) Example of small "Open" Sign placed in a window. These signs were excluded from the count of existing Illuminated Signs P l a n n i n g M a t t e r s R e p o r t – I l l u m i n a t e d S i g n s i n H C Z o n e P a g e | 4 The draft amendments include language clarifying that signs which have lights directed toward them, are not considered an illuminated sign as defined in the Land Use By-law. There are numerous examples of signs which have exterior lights directed at them to provide visibility. These signs exist throughout Chester Village and generally are more compatible with the existing community character. These signs are regulated by the Land Use By-law by the type of sign. The only additional requirement is to ensure that the lighting directed at the sign does not shine or glare directly onto a neighbouring property or into the public street. The draft amendments also include language to exempt small signs, less than 0.6m2 in area from requiring a permit. This provision applies to signs which display the word “Open” or lists the hours of operation of the business. Such signs must be located in a window of the business which it advertises and may be, or use, illumination or digital technology. In addition, each business unit will be limited to one such sign. During the inventory and review of existing signs, staff found numerous examples of small “Open” or “Business Hours” signs in use. Enforcement of these signs can be problematic as most would comply with regulations when unplugged but are easily plugged back in, becoming an ongoing enforcement challenge. Additionally, this type of small sign has not caused a significant number of complaints or questions from members of the public. Supporters of the business community have stated that these signs are standardized and very effective in disseminating crucial information. Therefore, a balanced approach is proposed by permitting these signs for commercial uses in zones other than Highway Commercial, but strictly limiting the size and content that can be displayed. Additionally, these signs must remain static, and regulations have been included to prohibit flashing or movement. Each business is also limited to one such sign. Finally, the Land Use By-law will maintain provisions which prevent a home-based business from using these signs. This will prevent any type of illuminated sign from being permitted in any residential zone. Regulations for Illuminated Signs The draft amendments (Appendix A) begin by revising the existing definition of an illuminated sign. With the exception of small 0.6m2 “Open” signs discussed above, illuminated signs will only be permitted within the Highway Commercial Zone. This zone occurs along Highway 3 (North Street) and is designed to support a variety of highway oriented commercial uses and mixed-use development. This zone and area are the place where commercial uses and larger, more noticeable signage may be expected. As discussed previously, there are several existing illuminated signs in Chester Village. All existing illuminated signs within the Village boundary are located on properties zoned Highway Commercial. The location of these signs can be seen on the map attached as Appendix B. Given the debate around illuminated signage staff have included policy and preamble statements in the Secondary Planning Strategy to explain the current approach and reasoning for permitting and regulating illuminated signs. This new policy states illuminated signs are only permitted in the Highway Commercial Zone Existing example of a sign with exterior lighting (this is not considered to be an Illuminated Sign or Digital Sign) Existing example of an "Open" or Business Hours sign. P l a n n i n g M a t t e r s R e p o r t – I l l u m i n a t e d S i g n s i n H C Z o n e P a g e | 5 and must be placed in the Yard which abuts Highway 3 in addition to all other regulations in the Land Use By-law. This will ensure that the area in which illuminated signs are permitted is defined and clear. This area will not expand without Council direction and would require substantial changes to the Secondary Planning Strategy in its current form. The addition of policy and preamble will support the amendments to the Land Use By-law while providing insight as to why the change is being made. The policy and regulations proposed acknowledge opinions on both sides of this issue by permitting illuminated signs in a limited and controlled fashion in an area of the Village that is the most appropriate. The regulations contained in the Land Use By-law state that illuminated signs may only be used as a Ground Sign, Flat Wall Sign or Window Sign. Each of these sign classes is defined and regulated within the Land Use By- law. Any new illuminated sign must be setback a minimum of 2m from all property lines. The amendments also propose to increase the maximum permitted size of a Ground Sign in the Highway Commercial Zone. Current regulations limit a Ground Sign to 6m2 per side and allow up to a total of 12m2 on lots with two or more businesses (see image on next page for comparison). The proposed changes include allowing an individual sign to a maximum of 12m2 per side while maintaining an overall limit per lot of 12m2 per inclusive of all Ground Signs. This change will increase flexibility for properties with multiple businesses who may wish to share a single sign. It will also permit individual businesses to produce and install larger signs than currently authorized. Illuminated signs have an established history in Chester Village and until 2012 were permitted in some areas. This type of signage is a longstanding staple of commercial businesses and the amendments include provisions to mitigate perceived negative impacts. Staff do not believe that use of this type of signage in this area will significantly interfere with existing character of the Highway Commercial Zone. Map showing Highway Commercial Zone properties (shaded) P l a n n i n g M a t t e r s R e p o r t – I l l u m i n a t e d S i g n s i n H C Z o n e P a g e | 6 The proposed regulations for illuminated signs require the image or text displayed to remain constant for one hour. An exemption is proposed for illuminated signs displaying the price of gas, temperature, humidity or public service information. In these cases, the image or text displayed may change once every 60 seconds to accurately disseminate the intended information. Illuminated Signs must also come equipped with software or mechanisms to automatically adjust the brightness of the sign to the ambient lighting conditions. The Land Use By-law will include a standard for measuring the brightness of illuminated signs. This standard uses a formula to calculate the distance at which the brightness level should be measured, based on the size of the sign. The brightness standard chosen is common in the industry and found in other Municipal signage regulations that were reviewed in preparing these draft amendments. Before a permit is issued for an Illuminated Sign, a copy of the approval issued by the authority with jurisdiction over the public street, in most cases Department of Transportation, must be submitted. This ensures the sign is in full compliance with Provincial regulations around illuminated signs on public highways. Finally, a letter must be submitted by the sign manufacturer or the professional overseeing installation of the sign to confirm that the sign has been calibrated to meet the regulations outlined in the Land Use By-law. Additional Considerations – Proposed Landscaped Are a for Larger Signs As an additional consideration, staff have contemplated an optional requirement for ground signs that exceed the previous size limit of 6m2. If Council approves this option, any ground sign that is larger than 6m2, up to the maximum permitted 12m2 must create a landscaped area equal to two times the sign area. The landscaped area will include a mix of trees, shrubs and flowers, planted around the base of the sign. If this is not possible due to the location of the sign or other constraints, the landscaped area must be created elsewhere on the lot. The intent behind the landscaping requirement is to soften the impact of these larger signs when viewed from Highway 3. It should be noted that this aspect of the proposal was not discussed in depth with the business 12m2 (proposed size limit) Ground Sign at proposed 8m height limit and 6m2 (current size limit) Ground Sign at current 4m height limit. The 12m2 sign also includes a 24m2 Landscaped Area. P l a n n i n g M a t t e r s R e p o r t – I l l u m i n a t e d S i g n s i n H C Z o n e P a g e | 7 community but was developed by staff during the drafting of the attached amendments. For this reason, this piece is being presented as an additional option for Council consideration. OPTIONS Staff are seeking up to three decisions from Council to proceed or reject the draft amendments attached as Appendix A. The amendments are presented with the requirement for a landscaped area for larger ground signs, however, this optional text is shown in red in Appendix A and will be removed should Council opt to proceed without this provision. 1) Landscaped Area for Ground Signs between 6m2 - 12m2 a) That Municipal Council agrees with the addition of requirements to the draft amendments, to ensure that a landscaped area, equal to two times the sign area, be created when a ground sign larger than 6m2 is requested. b) That Municipal Council does not wish to include the requirement to create a landscaped area for ground signs larger than 6m2. The text shown in red in the draft amendments will be removed. 2) Staff are seeking a decision on the draft amendments, attached as Appendix A: a) That Municipal Council give 1st Reading to the draft amendments attached as Appendix A to the Village of Chester Secondary Planning Strategy and Land Use By-law to permit and regulate illuminated signs within the Highway Commercial Zone as proposed. b) That Municipal Council give 1st Reading to the draft amendments attached as Appendix A to the Village of Chester Secondary Planning Strategy and Land Use By-law to permit and regulate illuminated signs within the Highway Commercial Zone with the following changes: (please specify). c) That Municipal Council reject the draft amendments attached as Appendix A. No further action will be taken, and the current prohibition of illuminated signs will remain. d) That Municipal Council request additional information or changes before making a decision. 3) Select a date for a Public Hearing: If Council gives 1st Reading to the draft amendments, a date for the Public Hearing may also be set. To comply with required advertising periods, staff propose the following: a) That Council set a Public Hearing to consider the draft amendments for Thursday, February 17th , 2022 beginning at 8:45am in Municipal Council Chambers b) That Council set a Public Hearing to consider the draft amendments for a date beyond February 17th , 2022 (Please specify date and time). IMPLICATIONS By-Law/Policy The draft amendments include policy changes to the Chester Village Secondary Planning Strategy. Efforts have been made to avoid interruption and conflict with existing policies prior to the completion of the Village Plan Review. P l a n n i n g M a t t e r s R e p o r t – I l l u m i n a t e d S i g n s i n H C Z o n e P a g e | 8 Financial/budgetary No significant impacts anticipated as a direct result of this decision. A case could be made that support for the business community is likely to result in an improved commercial tax base in the long term. Environmental No significant impacts are anticipated as a result of this decision. Light pollution and reduction in nighttime dark sky are possible indirect impacts. Strategic Priorities The draft amendments to regulate and permit illuminated signs in the Highway Commercial Zone will assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Economic Development 1. Partner in the development of infrastructure and opportunities for business development and attraction. 2. Promote and grow the Municipality’s economic sectors. 3. Position the Municipality as Nova Scotia’s south shore community of choice for residents, businesses, and organizations, and as an international tourism destination. Priority Outcomes: Governance & Engagement 1. Ensure municipal bylaw and policy frameworks reflect current and changing needs. Work Program Implications No significant impacts are anticipated as a result of this decision. Has Legal review been completed? _X_ Yes _ _ No __ N/A COMMUNICATIONS (EXTERNAL) Public Information Meeting In keeping with standard practice for amendments to the Secondary Planning Strategy and Land Use By-law, staff held a Public Information Meeting on Wednesday, November 24th, 2021. The meeting began at 6:00pm in Council Chambers and was advertised in the Progress Bulletin, on the Municipal Website, and posted on the Municipal Office doors. Four members of the public attended the meeting. Staff provided an overview of the issue, reviewed the proposed amendments, and opened the floor to questions or comments. The following comments and questions were heard during the meeting: Q – question A – response from staff C – comment Q Will the 3 Lux brightness limit apply to the small Open signs which will not require a permit? A Currently no, it would be possible, but changes would be required. P l a n n i n g M a t t e r s R e p o r t – I l l u m i n a t e d S i g n s i n H C Z o n e P a g e | 9 Q Will the 2m setback for illuminated signs be measured from the sign base or from the nearest point of the sign to the property line? A Measurement will be from the nearest point of the sign to the property line Q Are there limits of the size of illuminated signs? A Illuminated signs will be regulated by the category of sign proposed ie. Wall Sign, Ground Sign, Window Sign, etc. These sign types already have size limits in the Land Use By-law which will also apply to illuminated signs Q What about illuminated signs outside the Village boundary? A There are currently no regulations or limits for illuminated signs outside of Village of Chester. C Most businesses are freestanding, what about a building that shares space between multiple businesses? Would like to see uniformity in the sign of signs for each business on a lot Q Why was it decided to propose twice the size of currently allowed signs in the Highway Commercial Zone? A Staff were asked to speak with business owners to determine any issues or concerns with the current regulations and propose solutions. Knowing the Irving is undergoing renovations and is seeking approval to install new signage, staff have proposed regulations that should facilitate this and other renovations or changes to existing signage. If staff proposed a smaller size, it was understood that a request would have been immediately submitted to Council seeking a larger allowance. The current draft amendments allow Council to consider the full scale of the impact, rather than having changes occur in a series of amendments. Q This is a significant increase in size, wouldn’t it make sense to allow a 6m2 and require a good reason to install a larger sign? A The trouble with that approach is clarifying what constitutes a “good reason”. What would the extra steps be, and would there be an actual benefit, or would it just create a longer or more costly application process? Q What about a licensing fee? A This would be possible but would not stop signs from being installed at a given size. It is possible to have a higher fee for a larger sign, but this does not address the root issue of the concern, being size and appearance. C Maybe if you are close to the Village, you cannot have as large a sign. If you come into the town with a wall of neon, as a tourist wanting to claim Chester experience, is going to be put off. The question is where do we draw that line? If you allow it in one place there may be requests for it somewhere else. P l a n n i n g M a t t e r s R e p o r t – I l l u m i n a t e d S i g n s i n H C Z o n e P a g e | 10 A This is a valid question and consideration. One piece of this discussion involves the Highway 3 Streetscape Plan and related amendments made in 2012. These provisions have now been in effect for almost a decade. We have heard from the business and development community that there are significant concerns and issues with this area and current regulations. These concerns relate the requirements for building design and architectural controls for new structures and significant additions. Discussions around Highway 3 and the desired level of regulations would be most appropriate to consider as part of the larger Village Plan Review. However, Council has many conflicting requests and interests and therefore has prioritized the issue around signage. When time allows, a comprehensive discussion should be undertaken to evaluate what is in the Streetscape Plan and determine what is working and what is not. This discussion may include but will also go well beyond signage considerations. Q Now that the responses are back from the Village Resident Survey (preliminary results show support to maintain prohibition on illuminated signs), do you think Council will reevaluate and lean toward the majority? A Cannot speak to how Council will make their decision. Council has been made aware of the preliminary results from the survey and the staff report will also contain this information. Q Is the blue area that is lit around the Irving awning count toward the ground sign? A Without wording or text, this would not be considered commercial signage. C Speaking with business owners, the commenter stated they see no reason the Irving had to push the envelope with the size of the sign. There is no competition, and they are the only gas station in the Village. Q What constitutes a sign? Mural vs. Sign? A Wording or logo’s that are directly associated with the commercial use are used to distinguish between a sign or mural. Q Are the existing illuminated signs 6m2 or less? A Yes, as this was the previous size limit for a single sign. C Businesses should be allowed a decent sized sign, but the proposed 12m2 is a big sign and will put out a significant amount of light. These proposed amendments seem to gut the Highway 3 Streetscape Plan provisions. Q Do you have a number of how many businesses signed the petition to Council? A Between 8-10 with several others in support of the change but not willing to sign the petition. Staff concluded the meeting by outlining the next steps for the file. The staff report and draft amendments will be considered by Council on a date to be determined. P l a n n i n g M a t t e r s R e p o r t – I l l u m i n a t e d S i g n s i n H C Z o n e P a g e | 11 Staff closed the meeting at approximately 7:45pm. Chester Village Resident Survey (Preliminary Result s) During the Summer of 2021, staff conducted a wide-ranging survey of Village residents. This survey covered a variety of topics related to land use planning in support of the Village Plan Review. The information collected is valuable data to use in crafting the new planning documents and provides insight into the wishes and desires of residents. The survey was primarily created to support staff, the Village Planning Advisory Committee and Council in making decisions related to the ongoing Chester Village Plan Review. However, given the timing of the survey, staff feel it is appropriate to include some preliminary results in this report for discussion, given that several questions related to signage. The preliminary results include 236 returned surveys, which represents 31% of all surveys distributed. Staff have continued to receive a small number of surveys being returned since this preliminary tally was conducted in September 2021. Final survey results will be tallied and presented to the Village Planning Advisory Committee and Council in support of the Village Plan Review. Three questions in the survey were directly related to signage, however, only one addressed the issue of illuminated or digital signs. The following excerpt from the preliminary results shows the level of support to maintain the prohibition on illuminated signs. As evidenced above, initial review of the results appears to show overwhelming support to maintain the existing prohibition on illuminated signs within Chester Village. Of the 227 responses, 201 respondents selected either Option 4 or 5 indicating strong agreement with the existing regulations. Without additional follow-up questions, it is not possible for staff to infer whether residents would agree with different regulations for illuminated signs in different parts of Chester Village. At the time the survey questions were created, staff had not received direction to amend the Chester Village Secondary Planning Strategy and Land Use By-law to permit and regulate illuminated signs in the Highway Commercial Zone. Excerpt from Village Resident Survey Showing Support to Maintain Prohibition on Digital/Illuminated Signs P l a n n i n g M a t t e r s R e p o r t – I l l u m i n a t e d S i g n s i n H C Z o n e P a g e | 12 The survey results reflect many of the questions and comments raised at the Public Information Meeting and illustrate the conflicting interests between local business owners located around Highway 3 and residents who wish to preserve a quaint and inviting character as the entryway to Chester Village. These residents feel that numerous, large, illuminated signs will significantly alter the character and do not support the reasons why so many residents and visitors choose to live or come to Chester. ATTACHMENTS Appendix A – Draft Amendments to Chester Village Secondary Planning Strategy and Land Use By-law to permit and regulate illuminated signs in the Highway Commercial Zone Appendix A – Proposed Amendments to the Chester Village Land Use By-law Amendments to the Village of Chester Secondary Planning Strategy Be it enacted by the Council of the Municipality of Chester as follows: 1) Add text to the preamble at 4.3 to explain reasoning for reintroducing illuminated signs during the ongoing Village Plan Review; 2) Add text to the preamble at 4.7 to provide background and history of regulation and prohibition of illuminated signs in Chester Village; 3) Add text at 4.7.2A as a new policy to support illuminated signs in the Highway Commercial Zone. Village of Chester Secondary Planning Strategy Underlined text is added. Strikethrough text is deleted. Red text represents optional provisions which may be removed pending Council’s decision. Be it enacted by the Council of the Municipality of Chester as follows: 1) Insert as new Preamble immediately following the 12th paragraph of 4.3: (12th Paragraph) … Minor adjustments were made, and the results have been incorporated both into this Planning Strategy and into the Land Use By-law. In 2021 as a comprehensive Plan Review of this Secondary Planning Strategy is underway, a discussion around illuminated signage has emerged as a priority for the business community. Council has acknowledged several requests to permit illuminated signage within Chester Village by directing staff to draft amendments to regulate and permit this type of signage in the Highway Commercial Zone. This follows a reduction in the area covered by the Village Secondary Planning Strategy resulting from the adoption of a new Municipal Planning Strategy and Land Use By-law in 2020. With almost a decade since the implementation of the Highway 3 Streetscape provisions, staff believe that a comprehensive review and discussion around the goals, future use and desired level of regulation for development adjacent to Highway 3 is required. This discussion will occur as part of the public engagement component of the Village Plan Review. Prior to the completion of the Review, Council wishes to respond to the requests of business owners by supporting a range of highway oriented commercial uses within the Highway Commercial Zone, including permitting and regulating illuminated signage through provisions in the Land Use By-law. 2) Insert as new Preamble immediately following the 4th paragraph of 4.7: P l a n n i n g M a t t e r s R e p o r t – I l l u m i n a t e d S i g n s i n H C Z o n e P a g e | 13 (4th paragraph) …These policies provide and support the ability for businesses to advertise to the public, without allowing signs to dominate the streetscape either in their size or number. Illuminated signs have become a controversial subject in the Village of Chester. Prior to 2012, internally illuminated signs were permitted outside the Architectural Control Area. As part of a series of amendments responding to the findings of the Highway 3 Streetscape Plan, internally illuminated signs were prohibited entirely within the Village. This left several pre-existing illuminated signs, but no allowance for new illuminated signs. Council has had repeated requests from members of the business community who wish to utilize internally illuminated signs. In seeking to balance the desire to protect the aesthetic character of the Village with support for local business owners, Council through a series of amendments will permit and regulate illuminated signs only in the Highway Commercial Zone. 4.7.2 A Further to 4.7.2, the use of internally illuminated signs shall be permitted and regulated within the Village of Chester. As illuminated signs have the potential to impact the aesthetic character of the surrounding area, Illuminated Signs shall only be permitted in the Highway Commercial Zone and shall be located within the Yard abutting Provincial Highway #3 (North Street) in addition to all other regulations contained in the Land Use By-law. Amendments to the Village of Chester Land Use By-law Be it enacted by the Council of the Municipality of Chester as follows: 1) Add section 15.1.1 A to clarify that exterior lights which illuminate or are directed at signs are not considered “illuminated signs” as defined. 2) Add Section 15.1.2 xiv) to exempt small Open signs of 0.6m2 or less from requiring a Development Permit. 3) Add text to Section 15.1.3 x) to exclude illuminated signs as defined. 4) Remove Section 15.1.6 which included requirements for signs abutting a residential lot. 5) Add text to Section 15.2.1 to increase the size of a ground sign in the Highway Commercial Zone. Increasing the permitted maximum height for ground signs in the Highway Commercial Zone. Add requirements for large ground signs to require a landscaped area be created to lessen the impact of the sign installation. 6) Add Section 15.2.9 to introduce regulations and limits for illuminated signs including setbacks from property lines, a maximum height of 3m for Digital Signs, brightness of signs and requirements to mitigate light spill over from neighbouring properties. 7) Added text to amend the existing definition of an illuminated sign. Village of Chester Land Use By-law Underlined text is added. Strikethrough text is deleted. Red text represents optional provisions which may be removed pending Council’s decision. Be it enacted by the Council of the Municipality of Chester as follows: 15.1.1A Exterior Illumination of Signs A Fixed Wall Sign, Ground Sign or Projecting Wall Sign otherwise permitted by this By-law may include P l a n n i n g M a t t e r s R e p o r t – I l l u m i n a t e d S i g n s i n H C Z o n e P a g e | 14 exterior lighting, directed at the sign, to increase visibility during dark hours. There shall be no additional permitting requirements, however, the lighting used must be the minimum intensity required and shall not be orientated so light shines directly onto adjacent properties or any public street. 15.1.2 Signs for Which No Development Permit is Required The following signs are permitted in all zones, without any requirement for a development permit: i) Signs identifying name and address of resident, and of not more than 0.5 square metres (5 sq. ft.) in sign area. ii) "No trespassing" signs or other such signs regulating the use of a property, and of not more than 0.5 square metres (5 sq. ft.) in sign area. iii) Real Estate signs not exceeding 0.5 square metres (5 sq.ft.) in sign area in any Residential Zone and 1.4 square metres (15 sq. ft.) in other zones, which advertise the sale, rental or lease of the premises. iv) Signs regulating or denoting on-premises traffic, or parking or other signs denoting the direction or function of various parts of a building or premises provided that such signs are less than 0.5 square metres (5 sq. ft.) in area. v) Signs erected by a government body, or under the direction or authority of such a body, and bearing no commercial advertising, such as traffic signs, railroad crossing signs, safety signs, signs identifying public schools, public election lists, community notice boards, community event banners. vi) Memorial signs or tablets and signs denoting the historical significance and date of erection of a structure. vii) The flag, pennant, or insignia of any government, or of any charitable, religious or fraternal organization. viii) A sign having an area of not more than 6 square metres (65 sq. ft.) incidental to construction and located on the same site as the building under construction. Such signs shall not remain in place for more than sixty (60) days following completion of construction. ix) Indoor signs which are erected wholly within the exterior walls of a building, and are not attached to a window or door. x) Signs permanently attached to a building which bear the name or civic number of the building. xi) Off-premises commercial direction signs erected in accordance with a direction sign program approved by Council. xii) Flags bearing no commercial advertising xiii) portable signs which comply with Section 15.2.5 “Portable Signs” P l a n n i n g M a t t e r s R e p o r t – I l l u m i n a t e d S i g n s i n H C Z o n e P a g e | 15 xiv) One sign per business unit, located in or attached to a window, with a maximum sign area of 0.6 square metres displaying the word “open” or listing the hours of operation for a business. These signs shall remain static and are not subject to the illuminated signs criteria listed elsewhere in this By-law and this provision does not apply for a Small Scale Business Use. 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 have any visible moving part or visible mechanical movement of any description except for signs which display only time, temperature or humidity; ii) signs affixed to, applied to, or supported by the rooftop of any structure; iii) signs which constitute a hazard to public safety or health; iv) signs which by reason of size, location, content, coloring, or manner of illumination obstruct the vision of drivers or obstruct the effectiveness of any traffic sign or traffic control device on public streets; v) signs which obstruct the use of a fire escape door, windows, or other required exit; vi) signs which make use of such words as "STOP", "LOOK", "ONE WAY", "DANGER", "YIELD",or any other similar words, phrases, or symbols so as to interfere with or confuse drivers on a public street; vii) signs which advertise a product, service or business which is discontinued; viii) signs painted upon, attached to, or supported by a tree, stone, cliff, or other natural object. ix) portable signs, other than those regulated by Subsection 15.2.5 below. x) all signs which are internally lit, excluding Drive-through Menu Board Signs and illuminated signs. 15.1.6 Deleted. Signs Abutting Residential Lots Where a sign is located in a yard which abuts a residential lot, the sign illumination shall not shine directly upon the residence. 15.2.1 Ground Signs a) No ground sign shall: i) In a Central Commercial Zone or a Rural Zone, exceed 3.25 square metres (thirty-five sq. P l a n n i n g M a t t e r s R e p o r t – I l l u m i n a t e d S i g n s i n H C Z o n e P a g e | 16 ft.) in sign area on each side or exceed a height of 4 metres (13 ft.) from grade to the highest part of the sign; ii) In a Highway Commercial Zone, exceed 6 square metres (65 sq. ft.) in sign area on each side, except in accordance with 15.2.1 c and d), and may not exceed a height of 8 metres from grade to the highest part of the sign; iii) exceed a height of 4 metres (13 ft.) from grade to the highest part of the sign. DELETED. iv) extend across any property boundary line unless the application for a development permit is signed by all the affected property owners in accordance with Section 2.8; DELETED. b) Where there is more than one ground sign on a lot, the total sign area of all ground signs on the lot shall not exceed 12 sq. m. (130 sq. ft.). and no individual business may erect ground signs totalling more than 3.25 sq. m. (35 sq.ft.) or 6 sq. m. (65 sq. ft) as applicable. c) Where a ground sign is proposed within the Highway Commercial Zone with a sign area greater than 6 square metres per side, to a maximum area of 12 square metres per side, approval may be granted if the following conditions are met: i) Creation and maintenance of a landscaped area equal to twice that of the sign area; ii) The landscaped area shall surround the base, footings or foundation of the ground sign, or if impractical due to location, visibility or safety shall be located in the Front Yard of the property; iii) The landscaped area shall include a mixture of appropriately sized trees, shrubs and flowers to soften the impact and increase the visual appeal of the sign installation. Grass, mulch and other ground cover, while permitted, shall not be counted toward the required landscaped area unless trees, shrubs and flowers substantially cover the area; iv) The landscaped area must be fully planted and complete within a reasonable time, determined by the Development Officer, and specified as a condition to the Development Permit for the sign; v) Trees, shrubs, and flowers within the landscaped area shall be maintained and if required, replanted, to ensure an attractive landscaped area is maintained for as long as the sign remains in place; vi) All other conditions of this By-law have been met. d) The Development Officer may grant a variance to the sign area of a ground sign subject to the following conditions: i) Only one sign area variance may be granted per lot; ii) The proposed sign must not exceed the maximum permitted sign area for a ground sign outlined in 15.2.1 a) and b) by more than 20%; iii) The applicant must demonstrate, through documentation or other means, that the sign is a standard size and that reducing the size of the sign to comply with 15.2.1 a) and b) would increase the cost by a minimum of 10%, or cause a significant delay to obtain the sign. 15.2.9 Illuminated Signs P l a n n i n g M a t t e r s R e p o r t – I l l u m i n a t e d S i g n s i n H C Z o n e P a g e | 17 i) Illuminated signs shall only be permitted in the Highway Commercial Zone with the exception of “open” and business hour signs, as detailed in part 15.1.2 xiv) of this By-law ii) Illuminated signs shall only be permitted as a Fixed Wall Sign, Ground Sign or Window Sign (or part thereof) iii) Illuminated signs shall be setback a minimum of 2 meters 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 iv) Illuminated signs shall only be located within the yard abutting Provincial Highway #3 (North Street). v) Illuminated signs display shall remain static for a minimum of 60 minutes (one hour) before changing and the transition between images or text must be instantaneous with no animation or fade-out. vi) Notwithstanding 15.2.8 v) an illuminated sign that displays the price of gasoline, or other public service information, including but not limited to: community event information, time, date, temperature, or similar information shall remain static for a minimum of 60 seconds (one minute) before changing. vii) Where an illuminated sign is proposed to be located within 30 meters of a lot not zoned Highway Commercial, the property owner shall take measures to reduce light trespass and overspill onto adjacent properties. Such measures may include the installation of a fence or vegetated barrier, planted or positioned to provide maximum screening to reduce light trespass and overspill. viii) Illuminated signs 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: Measurement distance (m) =(Area of the sign in m 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 X 100 = 15 m). ix) Before issuing a permit for an illuminated sign, the Development Officer shall require the applicant to provide evidence that the proposed sign has received approval or does not require approval by the authority with jurisdiction over the nearest public highway. x) Before issuing a permit for an illuminated 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. P l a n n i n g M a t t e r s R e p o r t – I l l u m i n a t e d S i g n s i n H C Z o n e P a g e | 18 16.80 SIGN means any structure, device, projection, light or natural object including the ground itself, or any part thereof, or any device attached thereto or painted or represented thereon, which shall be used to identify, or advertise, any object, product, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry or business, or which shall display or include any letter, work, model, number, banner, flag, pennant, insignia, device or representation used as an identification or advertisement, and which is legible from off the premises or from a parking lot. A sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship or elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign, and for greater certainty: i) COMMUNITY EVENT BANNER means a banner which advertises or promotes a community event and which bears no commercial advertising other than the name or logo of a commercial sponsor of the event. ii) DAILY MESSAGE SIGN means a sign attached directly to a building, which is constructed of white board, chalk board, or another easily erased material. iii) FIXED WALL SIGN means a sign which is attached directly to or painted upon a building wall, and which does not extend therefrom, and does not extend above the roof line. iv) GROUND SIGN means a sign supported by one or more uprights or braces placed in or upon the ground. v) ILLUMINATED SIGN means any sign which emanates light through transparent or translucent material from a light source within the sign, including neon light signs and digital display signs, but does not include a sign which has external lighting, such as flood lights, directed at it. a sign that provides artificial light directly, or through any transparent or translucent material from a source of light connected with such sign., or a sign illuminated by a light focused upon or chiefly directed at the surface of the sign. vi) PLACENAME SIGN means a ground sign which bears the name or address or both name and address of a building, building complex, industrial area, commercial area or residential area and which displays no commercial advertising. vii) PORTABLE SIGN means a ground sign which is not permanently affixed in the ground and . viii) PROJECTING WALL SIGN means a sign which projects from and is supported by a wall of a building. ix) SIGN AREA means the area of the smallest triangle, rectangle or circle or semi-circle which can wholly enclose the surface area of the sign. x) WINDOW SIGN means a sign which is attached to a window or glass door and is legible from off the premises or from a parking lot. P l a n n i n g M a t t e r s R e p o r t – I l l u m i n a t e d S i g n s i n H C Z o n e P a g e | 19 Appendix B – Map of Properties with Existing Illuminated Signs District Council Grants 2021 - 2022 Updated January 19, 2022 Requested Approved Date Approved *Ocean Swells Community Association: Maintain facility 1,000.00$ 1,000.00$ April 15, 2021 *District 1 Community Centre: Maintain facility 1,000.00$ 1,000.00$ April 15, 2021 District 1 Community Centre: Water Softener 547.50$ 547.50$ June 24, 2021 District 1 Community Centre: Parking Lot Repairs 1,000.00$ 1,000.00$ June 24, 2021 Chester Jr Sail Program: Equipment & Repairs 1,000.00$ 1,000.00$ August 19, 2021 TOTAL FUNDS APPROVED 4,547.50$ *Funds Carried Forward from 2020-2021 2,000.00$ TOTAL FUNDS REMAINING 7,452.50$ Aspotogan Fitness Club: Gym Mirror 1,000.00$ 1,000.00$ November 25, 2021 Chester Brass Band: Summer Band Stand Concerts 600.00$ 600.00$ June 24, 2021 Hubbards Area Lions Club: Purification System 2,000.00$ 2,000.00$ May 27, 2021 Hubbards Area Lions Club: Christmas Hampers 500.00$ 500.00$ November 25, 2021 Through the Years Day Care & Comm Centre: Court Surface 2,000.00$ 2,000.00$ June 10, 2021 TOTAL FUNDS APPROVED 6,100.00$ TOTAL FUNDS REMAINING 3,900.00$ Chester Area Middle School: Christmas Dinner 900.00$ 500.00$ December 16, 2021 Chester District Soccer Association: Purchase New Jerseys 500.00$ 500.00$ April 15, 2021 Chester Farmers' and Artisan Market: Storage Shed 800.00$ 800.00$ June 24, 2021 Chester Jr Sail Program: Equipment & Repairs 500.00$ 500.00$ August 19, 2021 Chester Merchants: Village Christmas Festival 1,500.00$ 500.00$ November 25, 2021 Chester Municipal Heritage Society: Farmers Market Pavillion 2,500.00$ 2,500.00$ August 26, 2021 Chester Theatre Council (Playhouse): Summer Programs 1,000.00$ 1,000.00$ June 10, 2021 Chester Yacht Club: Race Week Adaptations (Virtual, PPE, etc.) 500.00$ 500.00$ May 27, 2021 Our Health Centre: Enhanced Security System - Panic Buttons 1,654.25$ Starfish Reunite, St Stephens Parish: Refugee Family Fundraising 500.00$ 500.00$ August 12, 2021 TOTAL FUNDS APPROVED 7,300.00$ TOTAL FUNDS REMAINING 2,700.00$ Chester Basin Fire Department: Everyday Heros and Wildfire Preparedness 500.00$ 500.00$ October 28, 2021 Forest Heights Community School: Christmas Dinner & Artwork 1,000.00$ 1,000.00$ December 9, 2021 RC Legion, Br 88, Chester Basin: Community Banner Project 4,000.00$ 4,000.00$ August 12, 2021 TOTAL FUNDS APPROVED 5,500.00$ TOTAL FUNDS REMAINING 4,500.00$ Together We Can Community: 3 Events (2 Halloween and 1 Christmas) 1,500.00$ 1,500.00$ November 25, 2021 Western Shore & Area Improvement Asso: Flower Baskets 3,248.75$ 3,248.75$ June 24, 2021 Western Shore & District Fire Department: Western Shore Days 2,000.00$ 2,000.00$ August 12, 2021 Western Shore & Area Improvement Association: Christmas Wreaths 776.25$ 776.25$ November 25, 2021 TOTAL FUNDS APPROVED 7,525.00$ TOTAL FUNDS REMAINING 2,475.00$ Charing Cross Garden Club 500.00$ 500.00$ September 9, 2021 Forties Community Centre: Oktoberfest 500.00$ 500.00$ May 27, 2021 RC Legion, Br 79 New Ross: Canada Day & Remembrance Day 1,500.00$ 1,500.00$ June 24, 2021 New Ross Community Care Centre: Communications 1,000.00$ 1,000.00$ July 22, 2021 New Ross Farmers Association: Septic Upgrades & Maintenance, etc. 1,500.00$ 1,500.00$ August 12, 2021 New Ross Regional Development Society: Christmas Festival & other events 1,000.00$ 1,000.00$ October 14, 2021 New Ross Farmers Association: Comm Rink Materials & Supplies 1,500.00$ 1,500.00$ August 12, 2021 New Ross Trails Society: Ongoing Trail Projects 1,000.00$ 1,000.00$ November 10, 2021 TOTAL FUNDS APPROVED 8,500.00$ TOTAL FUNDS REMAINING 1,500.00$ Chester Area Middle School: Christmas Dinner 900.00$ 400.00$ December 16, 2021 Chester District Soccer Association: Purchase New Jerseys 1,000.00$ 1,000.00$ April 15, 2021 District 7 Chester Jr Sail Program: Equipment & Repairs 1,000.00$ 1,000.00$ August 19, 2021 TOTAL FUNDS APPROVED 2,400.00$ TOTAL FUNDS REMAINING 7,600.00$ Total Funds Approved 41,872.50$ District Grant Budget 2021-2022 70,000.00$ Plus 2020-2021 Carried Forward 2,000.00$ Total District Grant Budget 72,000.00$ Remaining Funds 30,127.50$ District 1 District 2 District 3 District 4 District 5 District 6 REQUEST FOR DECISION REPORT TO: Municipal Council MEETING DATE: January 27, 2022 DEPARTMENT: Community Development & Recreation SUBJECT: Appointment of Fire Inspector ORIGIN: New Fire Inspector at MODL Date: January 19, 2022 Prepared by: Chad Haughn Date: Reviewed by: Date: January 19, 2022 Authorized by: Dan McDougall RECOMMENDED MOTION That Council appoint Bruce Parks as Fire Inspector and Administrator of Dangerous & Unsightly Properties for the Municipality of Chester. CURRENT SITUATION The Municipality of the District of Lunenburg recently hired Bruce Parks as Fire Inspector and Administrator of Dangerous & Unsightly Properties. As part of our Shared Services Agreement, this position needs to be cross- appointed between partner municipalities. This appointment is required by Council prior to the staff member carrying out the duties of that position for the Municipality. BACKGROUND / DISCUSSION The Shared Services Joint Governance Committee made a recommendation in 2018 that all inspectors at MODL and MOC are cross-appointed to help ensure continuity of service. Following this recommendation, all inspectors working at MODL in November 2018 were appointed by MOC Council. Since that time, any new inspectors that have been hired have been appointed by both municipalities. Bruce Parks is a Level II certified Fire Inspector and started his employment with MODL on January 4, 2022. Once appointed by the Municipal Council, Mr Parks can be used for Fire Inspection or Dangerous & Unsightly services. Mr. Parks is also in the process of completing his Building Official certification, once completed, Council will be required to update the appointment. OPTIONS 1. Appoint Bruce Parks as Fire Inspector and Administrator of Dangerous & Unsightly Properties for the Municipality of Chester. 2. Do not appoint Bruce Parks and request additional information from staff. IMPLICATIONS By-Law/Policy Appointment of the Fire Inspector is directly related to the enforcement of the Municipal Fire Inspection Program, Nova Scotia Fire Safety Act and the National Fire Code. The Administrator of Dangerous & Unsightly Properties is connected to the Municipal Dangerous & Unsightly Policy P-80. R e q u e s t f o r D e c i s i o n P a g e | 2 Financial/budgetary There are no immediate financial obligations associated with the cross-appointment of inspectors. Payment details for the use of MODL staff as part shared services will be determined through future agreements. Environmental NA Strategic Priorities Appointing a Fire Inspector and Administrator of Dangerous & Unsightly Properties will assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Governance & Engagement Ensure municipal service delivery is efficient and effective, communicated and accessible. Work Program Implications Having access to a Fire Inspector and Administrator of Dangerous & Unsightly Properties from MODL will help ensure that the Municipality of Chester can provide consistent service to the public. Has Legal review been completed? ___ Yes _ X_ No __ N/A ATTACHMENTS NA REQUEST FOR DECISION REPORT TO: Municipal Council MEETING DATE: January 27, 2022 DEPARTMENT: Corporate & Strategic Management SUBJECT: Results of Phase 1 ESA for KMIP ORIGIN: Motion#2021-011 Date: December 2, 2021 Prepared by: Erin Lowe, Senior Economic Development Officer Date: January 21, 2022 Reviewed by: Tara Maguire, Deputy Chief Administrative Officer Date: January 21, 2022 Authorized by: Dan McDougall, Chief Administrative Officer RECOMMENDED MOTION Council approve the completion of a Phase II Environmental Site Assessment on the Kaizer Meadow Industrial Park lands at a budget not to exceed $26,500 + HST. CURRENT SITUATION Staff have received the final report for the Phase 1 Environmental Site Assessment (ESA) for the Kaizer Meadow Industrial Park. The Phase 1 ESA has revealed no evidence of actual contamination; however, due to concerns in connection with the site being located next to a landfill, the consultant is recommending further investigation. BACKGROUND Industrial parks provide areas for growth across multiple employment sectors and increased economic benefits for the community, including: • Increased resiliency for the local economy through diversification of business and employment types. • Employment generation in key sectors that enable job creation spin-offs into other local sectors. • Businesses that provide higher-than-average wages in comparison to personal service and retail- oriented sectors. • Broadening the non-residential tax base, which supports services and infrastructure across the greater community With our strategic location bordering HRM, comparatively low development costs, and no conflicting land uses, MOC is well positioned to attract investors to the Kaizer Meadow Industrial Park from a number of target sectors including green industry, industrial and niche + value-added manufacturing. Recent work completed to date/currently underway: • Participating in Nova Scotia Innovation Hub’s Asset Mapping project with Turner and Drake Partners • Draft Terms and Conditions of Sale completed (legal review complete. RFD to come.) • Scope of work for concept map (near completion, to be brought in RFD form to council) • Opinion of valuation received from commercial real estate companies • Phase 1 Environmental Site Assessment • Nova Scotia Power preliminary power capacity assessment • Pre-Application consultation for Atlantic Canada Site Certification Program R e q u e s t f o r D e c i s i o n P a g e | 2 • Online Self-Assessment for Atlantic Canada Site Certification Program • High level, preliminary concept plan completed by staff • Survey and Wetland Delineation for Kaizer Meadow Industrial Park, 2019 This report is a result of: MOTION #2021-011 MOVED by Councillor Assaff, SECONDED by Councillor Barkhouse that Council approve a proposed plan of work for the development of the park and give pre-budget approval in the sum of $7,000 so that the Environmental Site Assessment (ESA) at Kaizer Meadow Landfill can be initiated as part of the steps to be included in Atlantic Canada Site Selection Program. ALL IN FAVOUR. MOTION CARRIED. DISCUSSION The Municipality currently conducts groundwater/surface water monitoring at the landfill in order to meet the provincial guidelines and regulatory approvals for operating a landfill. However, there are different standards when it comes to a commercial/industrial development. These standards are the NS Environment and Climate Change Tier I Environmental Quality Standards for both commercial and industrial sites with potable groundwater usage and coarse-grained soils. The current monitoring wells are located on landfill land, closer to contaminates, and not where development will occur for the Kaizer Meadow Industrial Park. The completion of a clean Phase II ESA would provide assurance that the land we are selling is free of contaminates and would reduce our liability if there was ever a future claim of contaminate land. It could also potentially increase the marketability of the site easing any concerns that investors might have when it comes to building next to a landfill. OPTIONS 1. Approve the completion of a Phase II Environmental Site Assessment on the Kaizer Meadow Industrial Park lands at a budget not to exceed $26,500 + HST. 2. Do not proceed with a Phase II Environmental Site Assessment and sell the land ‘as is’. 3. Other direction as defined by council. IMPLICATIONS By-Law/Policy N/A Financial/budgetary This would be an unbudgeted item and would come out of the economic development reserve. Environmental N/A Strategic Priorities The completion of a Phase II ESA will assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Economic Development R e q u e s t f o r D e c i s i o n P a g e | 3 1. Partner in the development of infrastructure and opportunities for business development and attraction. 2. Promote and grow the Municipality’s economic sectors. 3. Position the Municipality as Nova Scotia’s south shore community of choice for residents, businesses, and organizations, and as an international tourism destination. Work Program Implications This can be completed within the economic development work program. Has Legal review been completed? X Yes _ _ No __ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) N/A ATTACHMENTS Strum Proposal – Phase II Environmental Site Assessment Phase I Environmental Site Assessment Report PHASE I ENVIRONMENTAL SITE ASSESSMENT Portion of Kaizer Meadows Industrial Park (Six PIDs) Sherwood, NS 1RYHPEHU, 2021 Head Office Railside, 1355 Bedford Hwy. Bedford, NS B4A 1C5 t. 902.835.5560 (24/7) f. 902.835.5574 Antigonish Office 3-A Vincent’s Way Antigonish, NS B2G 2X3 t. 902.863.1465 (24/7) f. 902.863.1389 St. John’s Office #E120 - 120 Torbay Road St. John's, NL A1A 2G8 t. 709.738.8478 (24/7) f. 709.738.8494 Engineering ● Surveying ● Environmental www.strum.com info@strum.com Moncton Office 45 Price Street Moncton, NB E1A 3R1 t. 1.855.770.5560 (24/7) f. 902.835.5574 November 4, 2021 Ms. Erin Lowe The Municipality of Chester 151 King Street PO Box 369 Chester, NS B0J 1J0 Dear Ms. Lowe, Re: Phase I Environmental Site Assessment Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Attached is the Phase I Environmental Site Assessment report prepared for a portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS. This report documents our observations, findings, and recommendations. We trust this to be satisfactory at this time. Once you have had an opportunity to review this correspondence, please contact us to address any questions you may have. Thank you, Thomas Crane, P.Eng. James Foley, P.Geo. Environmental Engineer Project Manager tcrane@strum.com jfoley@strum.com Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page i EXECUTIVE SUMMARY Strum Consulting was commissioned by the Municipality of Chester to conduct a Phase I Environmental Site Assessment (ESA) of a portion of six adjoining properties (PIDs 60408192, 60145398, 60145414, 60142817, and 60658705) located in Sherwood, Nova Scotia. It is understood that the Phase I ESA is being completed in advance of land development. Future use of the property is expected to be industrial and commercial. The assessment was completed in August 2021, in accordance with the Canadian Standards Association (CSA) Phase I Environmental Site Assessment Standard Z768-01 (November 2001, reaffirmed in 2016) and the Nova Scotia Environment Phase I Environmental Site Assessment Protocol document (July 2013). The purpose of the Phase I ESA was to determine whether evidence of actual or potential contamination currently exists on the property. The site is situated to the east of Highway 14 in Kaizer Meadows Industrial Park located in Sherwood, Nova Scotia. Land use at the site is designated as resource, commercial, and municipal forest. A wind turbine and picnic/camp area are located on the north portion of the site. The remainder of the site is currently undeveloped and forested with Kaizer Meadow Road providing access from Highway 14 to the Kaizer Meadow Solid Waste Management Facility located to the east of the site. The site is expected to be developed for industrial and commercial land use. Main Findings The Phase I ESA has revealed no evidence of actual contamination in connection with the subject site; however, potential contamination and other environmental concerns in connection with the site were identified, as described below.  Evidence of potential soil and groundwater contamination concerns were identified in relation to the long-term use of the adjoining remaining portions of the PID 60658705 property located to the east of the site as a landfill (Kaizer Meadow Solid Waste Management Facility), including the following: o The long-term stock piling and storage of contaminated soils. o The long-term use of sediment and settling ponds for the treatment of septage and leachate. o Available groundwater and surface water analytical results from the annual monitoring reports for between 2014 – 2020 were not compared to any criteria. Additionally, inconsistencies and inadequate sampling procedures were reported during the monitoring program review completed previously by other consultants. It is unknown whether these deficiencies have been Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page ii addressed and/or if a third-party Site Professional has been obtained to continue the monitoring program. Main Recommendations Based on the potential presence of contamination and other environmental concerns identified, the following recommendations are provided: 1. All available historical and current groundwater and surface water analytical data for the landfill should be reviewed and compared to current applicable criteria by a certified Site Professional to determine the current environmental conditions of the landfill. 2. Based on the results of the above recommended landfill assessment, an intrusive site investigation (i.e., Phase II ESA) may be warranted. 3. Any future domestic wells that are installed at the site should be sampled to confirm potable water quality at the site. Additionally, recommendations in relation to best management practices at the site are outlined throughout the report. This Executive Summary provides a brief overview of the main conclusions and recommendations of the Phase I ESA. Complete details are provided in the report and the attached Appendices. The statements made in this Executive Summary are subject to the same limitations as described in Section 7.0. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page iii TABLE OF CONTENTS Page 1.0 INTRODUCTION ....................................................................................................................... 1 2.0 SCOPE AND METHODOLOGY ................................................................................................ 1 2.1 Scope of Work ........................................................................................................................ 1 2.2 Methodology ........................................................................................................................... 1 2.2.1 Records Review ............................................................................................................. 1 2.2.2 Interviews ....................................................................................................................... 2 2.2.3 Site Visit ......................................................................................................................... 2 2.2.4 Access Limitations ......................................................................................................... 2 3.0 SITE DESCRIPTION ................................................................................................................. 2 3.1 The Property ........................................................................................................................... 2 3.2 Site Buildings and Structures ................................................................................................. 3 3.3 Environmental Setting ............................................................................................................ 3 3.3.1 Topography and Drainage ............................................................................................. 3 3.3.2 Surficial Geology ............................................................................................................ 4 3.3.3 Bedrock Geology ........................................................................................................... 4 3.3.4 Hydrogeology ................................................................................................................. 4 3.4 Adjoining Properties ............................................................................................................... 4 4.0 RECORDS REVIEW FINDINGS ............................................................................................... 5 4.1 Aerial Photographs ................................................................................................................. 5 4.2 Property-Use Records ............................................................................................................ 7 4.3 Regulatory Information ........................................................................................................... 7 4.4 Title Search .......................................................................................................................... 13 4.5 Company Records................................................................................................................ 13 4.6 Previous Environmental/Geotechnical Reports ................................................................... 14 5.0 SITE VISIT ............................................................................................................................... 22 5.1 General Observations .......................................................................................................... 22 5.1.1 Site Activities and Condition ........................................................................................ 22 5.1.2 Spills, Stains, and Stressed Vegetation ....................................................................... 23 5.1.3 Adjoining Properties ..................................................................................................... 23 5.2 Chemical Storage and Use .................................................................................................. 24 5.3 Petroleum Storage and Use ................................................................................................. 24 5.4 Waste Management ............................................................................................................. 25 5.5 Building Materials and Infrastructure .................................................................................... 25 5.6 Air Quality and Emissions .................................................................................................... 26 5.6.1 Mould ........................................................................................................................... 26 5.6.2 Odours ......................................................................................................................... 26 5.6.3 Asbestos Containing Materials .................................................................................... 27 5.7 Water Quality, Sewage and Wastewater ............................................................................. 27 5.7.1 Potable Water .............................................................................................................. 27 5.7.2 Watercourses, Ditches, or Standing Water ................................................................. 27 5.7.3 Monitoring Wells .......................................................................................................... 28 5.7.4 Sanitary Discharge/Sewage Treatment ....................................................................... 29 5.7.5 Sumps and Drains ....................................................................................................... 29 5.7.6 Stormwater Discharge ................................................................................................. 29 5.8 Soil Conditions ..................................................................................................................... 30 5.9 Bedrock Conditions .............................................................................................................. 30 Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page iv 5.9.1 General Bedrock Conditions ........................................................................................ 30 5.9.2 Sulphide Bearing Materials .......................................................................................... 30 5.9.3 Radon .......................................................................................................................... 30 6.0 CONCLUSIONS AND RECOMMENDATIONS .................................................................... 31 7.0 STATEMENT OF QUALIFICATIONS AND LIMITATIONS .................................................... 33 8.0 REFERENCES ........................................................................................................................ 35 LIST OF TABLES Table A: Summary of Property Information ..................................................................................... 3 Table B: Summary of Adjoining Property Land Use ........................................................................ 5 APPENDICES Appendix A: Site Plan Appendix B: Photograph Log Appendix C: Sources of Information – Records Review Appendix D: Site Assessor Qualifications Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 1 1.0 INTRODUCTION Strum Consulting was commissioned by the Municipality of Chester to conduct a Phase I Environmental Site Assessment (ESA) of a portion of six adjoining properties located in Sherwood, Nova Scotia. The purpose of the Phase I ESA was to determine whether evidence of actual or potential contamination currently exists on the properties. The subject properties, or “site”, are outlined on the figures provided in Appendix A and are defined by provincial Property Identification Numbers (PIDs) 60408192, 60145398, 60145414, 60142817, 60658705, and 60689734. It is understood that the Phase I ESA is being completed in advance of land development. The majority of the site is currently undeveloped with a small wind turbine and picnic/camp area located on the north portion of the site (PID 60689734). Future use of the property is expected to be industrial and commercial. 2.0 SCOPE AND METHODOLOGY 2.1 Scope of Work The Phase I ESA was completed in accordance with the requirements of the Canadian Standards Association (CSA) Phase I Environmental Site Assessment Standard Z768-01 (November 2001; reaffirmed 2016) and the Nova Scotia Environment Phase I Environmental Site Assessment Protocol document (July 2013), and consists of the following components:  Records review;  Site visit (select site photos are provided in Appendix B);  Interviews with regulatory officials and personnel with relevant knowledge of the site and adjoining properties;  Evaluation of information and the provision of reasonable conclusions regarding the environmental condition of the site; and,  Report preparation including recommendations for further work (if required). The scope of a Phase I ESA does not include intrusive sampling or testing of any kind, including that of air, soil, groundwater, surface water, or building materials. 2.2 Methodology 2.2.1 Records Review Historical records relating to the site and its adjacent properties were reviewed. The objective of the review is to provide the assessor with a record of past site activities, which can assist in developing an in-depth understanding of site history, knowledge of the type of potential contaminants present, and the details associated with existing contamination. Supporting documents of relevance that were reviewed are provided in Appendix C. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 2 2.2.2 Interviews Interviews were conducted to confirm or obtain information regarding the environmental characteristics of the site. The results of those discussions are documented throughout the body of the report. Contact was made with Erin Lowe of the Municipality of Chester, Tim Townsend of the Municipality of Chester, and Christa Rafuse of the Municipality of Chester. 2.2.3 Site Visit The site visit was completed on June 29, 2021 by Thomas Crane and Danielle Graves of Strum Consulting. The objective of the site visit was to examine the site and accessible areas of the surrounding properties for evidence of actual or potential contamination. Detailed observations of site conditions were noted and recorded. The qualifications and expertise of the site assessor are provided in Appendix D. 2.2.4 Access Limitations Due to the large area and undeveloped nature of the site, not all areas of the site were accessed during the site visit; however, a representative portion of the site was accessed. There were no other access limitations encountered during the site visit. The proposed land development boundaries were provided to Strum by the Municipality of Chester. At the request of the Municipality of Chester, areas outside of the proposed boundaries on each of the relevant PIDs (601408192, 60145398, 60145414, 60142817, 60658705, and 60689734) were not assessed as part of the Phase I ESA. However, the remaining portions of the relevant PIDs were assessed as adjoining properties, and a representative portion of the area was covered during the site visit. 3.0 SITE DESCRIPTION 3.1 The Property The site is located to the east of Highway 14 near the Kaizer Meadows Industrial Park located in Sherwood, Nova Scotia. Land use at the site is designated as resource, commercial, and municipal forest. The site is mainly undeveloped and forested with a wind turbine and picnic/camp area located on the north portion of the site (PID 60689734), and is expected to be developed for industrial and commercial land use. A copy of the plot plans from the Service Nova Scotia and Municipal Relations Land Information Centre is provided in Appendix A. Representative photos of the site are provided as Photos 1 – 3 in Appendix B. A summary of the property information is provided in Table A, below. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 3 Table A: Summary of Property Information Property Information PIDs; Civic Addresses PID 60408192; No 14 Highway, Windsdor Road PID 60145398; 450 Kaizer Meadow Road, Sherwood PID 60145414; No 14 Highway, Windsor Road PID 60142817; No 14, Highway, Windsor Road PID 60658705; 15, 17, 50, 92, 116, and 117 Pintail Road; 454 and 461 Kaizer Meadows Road, Sherwood PID 60689734; 117 Kaizer Meadows Road, Sherwood Property Owner Municipality of District of Chester Land Use PID 60408192: Resource PID 60145398: Resource PID 60145414: Resource PID 60142817: Municipal forest PID 60658705: Commercial PID 60689734: Commercial Property Area PID 60408192: 80.5 hectares; 199 acres; 0.80 km2 PID 60145398: 97.5 hectares; 240 acres; 0.98 km2 PID 60145414: 80.8 hectares; 200 acres; 0.81 km2 PID 60142817: 12.3 hectares; 30 acres; 0.12 km2 PID 60658705: 194.2 hectares; 480 acres; 1.94 km2 PID 60689734: 2.2 hectares; 5 acres; 0.02 km2 Total Area: 467.5 hectares; 1154 acres; 4.67 km 2 Buildings and Structures None – the site is currently undeveloped Sewer and Water None – the site is currently undeveloped Electrical & Communication None – the site is currently undeveloped 3.2 Site Buildings and Structures The site is currently vacant, with no constructed buildings on the property. 3.3 Environmental Setting Site elevation data, regional drainage patterns and the locations of proximate ecological receptors were reviewed from the online Provincial Landscape Viewer and interactive Nova Scotia topographic map for the area. Geological information was obtained from recent available mapping. Information on surficial geology was obtained from Stea et al (1992) and bedrock geology from Keppie (2000). 3.3.1 Topography and Drainage This area of Sherwood has an overall down-gradient trend to the south. Topographic mapping of the region indicates that regional drainage flows towards multiple watercourses associated with a number of lakes in the area, including Card Lake, Shea Lake, and Meadow Lake. Shea Lake is considered the nearest down-gradient aquatic receptor and is located approximately 1.2 km to the south of the site. The majority of the site is relatively flat with an overall down-gradient slope from north to south. Surface water drainage on the site is controlled by site topography and is eventually Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 4 directed into the unnamed watercourse located on the south portion of the site and connects to Shea Lake. Surface water drainage may also be directed into the unnamed watercourse that is located on the southeast portion of the site and connects to Meadow Lake, which is located approximately 3 km to the south of the site. Surface water run-off on the west portion of the site may be directed by site topography into Card Lake, which is located approximately 200 m to the west of the site. 3.3.2 Surficial Geology Stea et al (1992) has mapped the surficial geology underlying the majority of the site as ground moraine and streamlined drift, silty till plain and drumlins. Silty till plain is generally flat to rolling with few surface boulders and is between 3 – 30 m in thickness. The drumlins consist of a siltier till and are typically 4 – 30 m thickness. An area located on the northeast portion of the site has been mapped as organic deposits, which generally consists of moss, peat, and clay that forms bogs, dens and swamps. 3.3.3 Bedrock Geology Keppie (2000) has mapped the bedrock geology underlying the north portion of the site as the Middle to Late Devonian aged Leaucomonzogranite. The bedrock geology underlying the south portion of the site has been mapped as Middle to Late Devonian aged Muscovite Biotite Monzogranite. 3.3.4 Hydrogeology It is assumed that regional groundwater flow is in a southerly direction toward unnamed watercourses. Local groundwater on the site is assumed to flow in a southerly direction toward Shea Lake. It should be noted that radial shallow aquifer groundwater flow as well as semi-radial bedrock groundwater flow has been previously shown by other consultants on the adjoining remaining portions of the PID 60658705 property located to the east of the site. Previous environmental reports are discussed further in Section 4.6. 3.4 Adjoining Properties Land use on the properties adjacent to the subject site is designated as resource forest, commercial forest, provincial forest, and commercial. Relevant observations of the adjoining properties completed during the site visit are discussed further in Section 5.1.3. A representative photo of the adjoining properties is provided in Photos 4 – 9 in Appendix B. A summary of adjoining property land use is presented in Table B, below. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 5 Table B: Summary of Adjoining Property Land Use Boundary Side of Site Site Use North (up-gradient) Commercial Forest and Provincial Forest – undeveloped forested land (PID 60658721). Provincial Forest –undeveloped forested land (PID 60146685). South (down-gradient) Resource Forest – undeveloped forested land (PIDs 60142825) No designated land use (Resource) – undeveloped forested land (PID 60419165). West (cross-gradient) Resource – undeveloped remaining portions of the PID 60145398, 60145414, and 60408192 properties. No designated land use (Resource) – undeveloped forested land (PID 60671641); Highway 14 followed by undeveloped forested land (PID 60419140) Commercial – Highway 14 followed by undeveloped forested land (PID 60647286). East1 (up-gradient) Commercial - Sustane Advanced Recycling Facility located on the adjoining 25 Rainbow Drive property (PID 6070418) and the Rainbow Net and Rigging building located on the adjoining 59 Rainbow Drive (PID 60658705); Kaizer Meadows Solid Waste Management Facility located centrally on the PID 60658705 portion of the site (116 Pintail Lane). No designated land use (Resource) – undeveloped forested land (PID 60419165). Provincial Forest – undeveloped forested land (PID 60146685). 1. The Kaizer Meadows Solid Waste Management Facility located at 116 Pintail Lane (PID 60658705) is located on the north portion of the PID 60658705 and was considered outside of the assessment area of the Phase I ESA. The Sustane Advanced Recycling Facility located on the 25 Rainbow Drive property (PID 6070418) and the 59 Rainbow Road property (PID 60687548) are located within the PID 60658705 portion of the site; however, these properties were also considered outside the assessment area for the Phase I ESA. 4.0 RECORDS REVIEW FINDINGS Relevant documents relating to the historical use of the sites and surrounding properties were obtained from a number of sources. The findings of the review of these documents are presented in the following sections. 4.1 Aerial Photographs A review of the aerial photographs of the sites was undertaken from the years 1966, 1973 1986, 1992. Additionally, Google Earth images dated September 2002, August 2012, and March 2014, and a partial Google Earth image dated September 2017 were reviewed. The aerial photograph from 1964 and the March 2014 Google Earth image are included in Appendix C. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 6 The following relevant information was obtained from review of the aerial photographs and Google Earth imagery:  In the 1966 aerial photo, the site and adjoining properties appear to be undeveloped and predominantly forested. Highway 14 roadway is visible to the east of the site.  In the 1973 aerial photo, a road is visible running east to west through the centre of the site and provides access from Highway 14. Otherwise, the site and adjoining properties appear similar to the 1966 aerial photo.  In the 1986 aerial photo, the site and surrounding properties appear similar to the 1973 aerial photo.  In the 1992 aerial photo, a portion of the adjoining PID 60658705 property located to the east of the site has been cleared. A rectangular structure, reworked soil, and multiple soil piles are also visible on the PID 60658705 property. Otherwise, the site and surrounding properties appear similar to the 1986 aerial photo.  In the September 2002 Google Earth image, a rectangular structure is visible on the east portion of the adjoining remaining portions of the PID 60415398 property located to the east of the site. Three settling ponds, multiple piles of debris, and heavy equipment are visible to the east of the site on the adjoining remaining portions of the PID 60658705 property in the area of the landfill. Otherwise, the site and surrounding properties appear similar to the 1992 aerial photo.  In the August 2012 Google Earth image, several additional settling ponds, rectangular structures, and piles of soil and debris are visible to the east of the site on the adjoining remaining portions of the PID 60658705 property. A large liner is visible on the south side of a mound located centrally on the remaining adjoining portions of the 6068705 property. A rectangular structure is now visible on the adjoining PID 60687548 property. Otherwise, the site and surrounding properties appear similar to the September 2002 Google Earth image.  In the March 2014 Google Earth image, a wind turbine is visible on the 177 Kaizer Meadow Road (PID 60689734) portion of the site. Otherwise, the site and surrounding properties appear similar to the August 2012 Google Earth image.  In the September 2017 Google Earth image, only the east portion of the site and adjoining properties to the east of the site are visible. The visible portions of the site and adjoining properties to the east of the site appear similar to the March 2014 Google Earth image. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 7  In the April 2020 Google Earth image, the site and surrounding properties appear similar to the July 2011 aerial photo. Given the industrial activity, including multiple settling ponds, piles of debris and soil, soil mounds, liners, and heavy equipment associated with the operations of the landfill noted on the adjoining remaining portions of the PID 60658705 property located to the east of the site, the use of the adjoining PID 60658705 property as a landfill represents a potential environmental concern to the subject site and is discussed further in Section 5.1.3. 4.2 Property-Use Records Opta Information Intelligence Services (an SCM Company) can complete an EnviroScan search for the subject site. EnviroScan results can often provide information such as fire insurance plans, as well as property underwriter plans and reports for a property. Relevant information contained in these reports can include environmentally sensitive information such as former petroleum storage tank locations, as well as property arrangement and building construction details for the site and adjacent properties. The current EnviroScan search returned no results for the subject site. A copy of the response is provided in Appendix C. 4.3 Regulatory Information The Nova Scotia Environment and Climate Change (NSECC) Environmental Registry contains information on Ministerial Orders, contaminated sites, petroleum storage tanks, and other pertinent environmental issues related to properties in Nova Scotia. A request for registry information was submitted to NSECC for the subject site (PIDs 60689734, 60408192, 60145398, 60658705, 60145414, and 60142817) as well as the following relevant adjoining properties:  Highway 14 (PID: 60146685; Owner: Atlantic Star Forestry Ltd.);  Lot 3, Highway 14 (PID: 60658721; Owners: Her Majesty the Queen in Right of the Province of Nova Scotia and NS Department of Natural Resources);  3895 Highway 14 (PID: 60419140; Owners: NS Department of Natural Resources and Her Majesty the Queen in Right of the Province of Nova Scotia);  4000 Highway 14 (PID: 60671641; Owners: NS Department of Natural Resources and Her Majesty the Queen in Right of the Province of Nova Scotia);  25 Rainbow Drive (PID: 60704418; Owner: Municipality of the District of Chester); and,  59 Rainbow Drive (PID: 60687548; Owner: Municipality of the District of Chester); Environmental Registry records were returned for the site PID 60689734 (177 Kaizer Meadow Road), adjoining remaining portions of PID 60145398 (450 Kaizer Meadows Road), PID 60658705 (454 and 461 Kaizer Meadows Road) located to the east of the site, and the Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 8 adjoining 25 Rainbow Drive property (PID 60704418) located on the east of the site. Records were not returned for the remaining portions of the subject site or the remaining properties referenced above. A copy of the NSECC response letter is provided in Appendix C. Due to volume, the records are not provided but can be forwarded on request. A summary of the relevant information included in the records is provided below. Subject Site: 177 Kaizer Meadow Road (PID 60689734) Records returned for the 177 Kaizer Mead Road (PID 60689734) portion of the site included a NSECC Approval and Terms and Condition of Approval including inspection reports, applications forms, and associated documentation for the installation of an on-site sewage disposal system (privy) on the wind turbine camp site, dated July 23, 2015. Based on a review of the above-noted NSECC records, no environmental concerns were identified. Adjoining Property: 454 Kaizer Meadows (Remaining Portions of PID 60658705) Records returned for the 454 Kaizer Meadows (PID 60658705) property were associated with the remaining portions of the PID 60658705 property located to the east of the site, and consisted of the following:  Several Nova Scotia Environment [NSE (now NSECC)] Approvals and Terms and Conditions of Approval for the operation of a second-generation landfill and associated works dated between August 30, 2007 – December 24, 2015.  NSE letter addressed to Mr. Daniels of the Municipality of the District of Chester associated with the leachate and septage treatment for the Kaizer Meadow Landfill dated June 3, 2008. The following was noted: o Advanced oxygen system as part of leachate and septage treatment system was not working, and leachate that was partially treated was diverted to the stormwater sediment ponds. o NSE indicated that the reported discharge of partially treated wastewater to the sedimentation pond is not considered an acceptable method of leachate/septage treatment and is contrary to the NSE Approval. o NSE required that any leachate level in the equalization ponds will be dealt with by pumping and trucking wastewater off site to an approved facility, and notifying the department of any other future changes.  NSE Approval Terms of Conditions of Approval for a municipal septage treatment disposal facility associated with 454 Kaizer Meadow Road, dated January 22, 2019.  NSE Notification Receipt for on-site sewage disposal systems dated March 27, 2017 associated with 454 Kaizer Meadow Road. Based on review of the above-noted NSECC records, the long-term operation of a landfill on the adjoining remaining portions of the PID 60658705 represents a potential environmental concern to the site and is discussed further in Section 4.6. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 9 Although partially treated leachate was diverted, and as a result non-compliant with the NSECC Approval for the operation of the on-site leachate treatment system; annual groundwater and surface water sampling associated with the operations of the landfill and associated leachate treatment system were provided to Strum for review, and is discussed further in Section 4.6. Adjoining Property: 450 Kaizer Meadows (Remaining Portions of PID 60145398) Records returned for the 450 Kaizer Meadows (PID 60145398) property were associated with the remaining portions of the PID 60145398 property located to the east of the site, and consisted of the following:  NSECC Approval and Terms and Conditions of Approval for the construction and operation of an asbestos disposal site, and associated works, at or near 450 Kaizer Meadows Road, dated September 22, 2006.  NSECC Approval and Terms and Conditions of Approval for the construction and installation of an on-site sewage disposal system to service and repair shop building at 450 Kaizer Meadows dated May 2007.  NSECC Approval for the construction and operation of a septage disposal facility, and associated works, at or near 450 Kaizer Meadow Road, dated November 25, 2011. And Terms and Conditions of Approval. The operation of an asbestos disposal site on the adjoining portions of the PID 60145398 property is discussed further in Section 5.6.3. No other potential environmental concerns were identified following review of the above- noted records. Adjoining Property: 461 Kaizer Meadows (Remaining Portions of PID 60658705) Records returned for the 461 Kaizer Meadows (PID 60658705) property were associated with the remaining portions of the PID 60658705 property located to the east of the site, and consisted of the following:  Approval and Terms of Conditions for the construction and installation of an on-site sewage disposal system to service an industrial structure at 461 Kaizer Meadows Road, dated May 12, 2010. The records included correspondence, checklists, and applications for a septic field.  Correspondence associated with the final inspection report for Rainbow Net & Rigging Ltd. located at the 461 Kaizer Meadow Road (now 59 Rainbow Road; PID 60657548), dated June 22, 2011, and an interim report dated December 20, 2010, which includes a septic tank certificate of installation form and associated drawings.  Approval and Terms and Conditions of Approval for the construction and operation of an asbestos disposal site, and associated works, at or near 461 Kaizer Meadow Road, dated November 8, 2016. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 10 The operation of an asbestos disposal site on the adjoining portions of the PID 60145398 property is discussed further in Section 5.6.3. No other potential environmental concerns were identified following review of the above- noted records. Adjoining Property: 25 Rainbow Drive (PID 60704418) Records returned for the 25 Rainbow Drive property [PID 60704418 (located within the PID 60658705)] located to the east of the site consisted of the following:  Notification and supporting documentation for the installation of a septic system, completed by Eastpoint Engineering on behalf of Sustane Technologies Inc. (Sustane), dated March 17, 2017.  Certificate of Variance for Approval Number 2017-113054-00, which included Approval, Terms and Conditions of Approval, and correspondence associated with the operations of a municipal solid waste (MSW) advanced processing facility, dated July 2, 2002.  NSE Petroleum Storage Certificate of Registration and Application dated November 27, 2019, which included the following details: o One 49,900-litre steel aboveground storage tank (AST) containing fuel oil was installed on November 20, 2019. o One 49,000-litre steel AST containing fuel oil was installed on November 11, 2018. o One 20,000-litre steel AST was installed on November 11, 2018. The petroleum type was not provided. o One 49,900-litre steel AST containing diesel. The installation date was not provided. o One 40,000-litre steel AST containing fuel oil was installed November 20, 2019. Based on a review of the above-noted records, petroleum product storage has been recently registered on the adjoining 25 Rainbow Drive property. The ASTs on the 25 Rainbow Drive property are not expected to represent an environmental concern to the subject site. Petroleum storage and use is discussed further in Section 5.3. The use of the adjoining 25 Rainbow Drive property for the operations of a MSW advanced processing facility is not expected to represent an environmental concern to the subject site. No other potential environmental concerns were identified during the review of the above- noted records. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 11 Freedom of Information and Protection of Privacy (FOIPOP) Records The NSECC Environmental Registry records also indicated that additional records were available including:  A municipal sewage works file (file# 94200-30-BRI-2011-078304) containing application inspections reports, and correspondence, and three municipal solid waste files (file# 94400-30-BRI-2005-050000-R0, 94400-30-BRI-2005-050000A03, 94400- 30-BRI-050000) containing applications, inspection reports, communication forms, operations manual, annual reports quality control report, maps, correspondence, monitoring program, and monitoring reports pertaining to 454 Kaizer Meadows Road (PID 60658705);  An asbestos file (file# 31000-30-BRI-2006-054296) containing application, inspection reports, correspondence, and map pertaining to 461 Kaizer Meadow Road (PID 60658705);  An environmental file (file# 40100-30-288), industrial file (file# 92100-30-YAR-2018- 2516162) containing application, monitoring and inspection process in relation to industrial process, site plans, communications, site assessment, and a municipal solid waste file (file# 94400-30-BRI-2017-113054) containing correspondence, photos, assessment, application, and project description pertaining to the adjoining 25 Rainbow Drive property (PID 60704418). However, access to these records would require submission of a Freedom of Information and Protection of Privacy (FOIPOP) application. Adjoining Property: 454 Kaizer Meadows Road (Remaining Portions of PID 60658705) An application was not submitted for the municipal sewage works file (file# 94200-30-BRI- 2011-078304) or three municipal solid waste files (file# 94400-30-BRI-2005-050000-R0, 94400-30-BRI-2005-050000A03, 94400-30-BRI-050000), as the Municipality of Chester provided the associated documents which are detailed in Section 4.6. Adjoining Property: 461 Kaizer Meadow Road (Remaining Portions of PID 60658705) A request for the asbestos file (file# 31000-30-BRI-2006-054296) pertaining to the adjoining 461 Kaizer Meadow Road (remaining portions of PID 60658705) property was submitted through a FOIPOP application on April 26, 2021. Records were received on May 25, 2021. The asbestos file consisted of an NSE Inspection Report, correspondence and Application for Approval Report with associated documentation in relation to the operation of an asbestos disposal site on the 461 Kaizer Meadow Road property. The following relevant information was included:  A site plan showing the proposed area for the asbestos disposal area.  An incident occurred in 2014 that involved the temporary closure of the asbestos disposal area due to 8 tonnes of bags containing asbestos damaged during delivery Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 12 to the disposal area. Dust from broken bags was thought to have potentially contaminated the disposal area. It was recommended that the area remain closed until determined to be safe.  Annual reports including net weight of asbestos material received. The use of the adjoining remaining portions of the PID 60658705 property for disposal of asbestos is discussed further in Section 5.6.3. Adjoining Property: 25 Rainbow Drive (PID 6074418) An application was not submitted for the environmental file (file# 40100-30-288), industrial file (file# 92100-30-YAR-2018-2516162), or municipal solid waste file (file# 94400-30-BRI- 2017-113054), as the records are associated with the start-up of the MSW advanced processing facility. The MSW advanced processing facility reportedly focuses on the transformation of municipal solid waste streams into high value fuels and recyclable materials and is not expected to represent an environmental concern to the subject site at this time. NSE records associated with the storage of petroleum products at the MSW advanced processing facility are discussed further in Section 5.3. The following additional records were provided to Strum by the Municipality of Chester for review.  An NSE Letter dated July 9, 2012 including an NSE Approval and Terms and Conditions of Approval for the operations of house hold hazardous waste facility on Kaizer Meadows Environmental Management Centre located on the remaining adjoining portions of the PID 60658705 property, to the east of the site.  An NSE Letter dated December 30, 2015 including Approvals and Terms and Conditions of Approval for operation of a construction and demolition debris disposal facility at the Kaizer Meadows Environmental Management Centre located on the remaining adjoining portions of the PID 60658705 property, to the east of the site.  FOIPOP Records dated January 12, 2016 (Application Number 2015-693). The address associated with the FOIPOP records was not included; however, the following relevant records, reports, and information was provided and are associated with the Kaizer Meadow Environmental Management Centre located on the adjoining remaining portions of the PID 60658705 property: o Approval to Construct Second Generation Landfill on the adjoining remaining portions of the PID 60658705 property. o The Municipality of the District of Chester. KVM Consultants Limited. Landfill Expansion Phase I. Tender for the Municipality of the District of Chester dated March 2005.  Includes information associated with: geosynthetic clay liner, geomembrane, compacted clay liner, geotextiles, geonet, and leachate collection piping. o Jacques Whitford. Kaizer Meadows Landfill – Compaction of Clay Liner, dated March 29, 2005. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 13 o ABL Environmental Consultants Limited. Kaizer Meadows Landfill Leachate Management Plan. dated March 10, 2005. o Additional correspondence associated with the leachate treatment system, and septic holding tanks on the property. o Photo-Cat Water Treatment Operation Manual. o Jacques Whitford Environment Limited. Geotechnical Hydrogeological Assessment and Identification of Sensitive Areas, Kaizer Meadow Landfill Expansion, Chester, Nova Scotia. Dated May 31, 2004.  NSE Approval and Terms and Conditions of Approval for a Municipal Solid Waste Landfill at the 454 Kaizer Meadow Road property (PID 60658705) property, dated December 12, 2017.  NSE Approval and Terms and Conditions of Approval for a municipal septage treatment and disposal facility for the 454 Kaizer Meadow Road property (PID 60658705), dated January 22, 2019. Following review of the above-noted additional records provided by The Municipality of Chester, the long-term operation of the Kaizer Meadow Environmental Management Centre (Solid Waste Management Facility) on the adjoining remaining portions of the PID 60658705 property represents an environmental concern to the subject site, and is discussed further in Section 5.1.3. No other environmental concerns were identified following review of the above-noted additional records. No other Environmental Registry records were returned for the site or the above-noted adjoining properties. A copy of the NSECC response letter is provided in Appendix C. Due to the volume of FOIPOP records received, they have not been included with this report, however, will be kept on file and can be forwarded upon request. 4.4 Title Search A land title search was not completed as part of this assessment. 4.5 Company Records Company records were requested from the site representative. Company records typically include items such as inventory lists, water quality records, Materials Safety Data Sheets (MSDS), site development plans, survey plans and/or building condition and assessment reports. Company records provided by the Municipality of Chester to Strum for review included site drawings and water quality reports associated with the Kaizer Meadow Environmental Management Centre on the adjoining remaining portions of the PID 60658705 property completed by Dillon in 1991. The site drawings and water quality reports are discussed further in Section 4.6. No other company records were provided for review as part of the Phase I ESA. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 14 4.6 Previous Environmental/Geotechnical Reports The following previous geotechnical and environmental reports were provided for review as part of the Phase I ESA:  Porter Dillon Site Drawings. Dated July 1991.  Municipality of the District of Chester, Baseline Water Quality Report, Kaizer Meadow Road Site, Porter Dillon, dated October 1991. File No. 2784-04-3  Geotechnical Assessment Site Plan (Drawing); Jacques Whitford. Dated February 16, 2004.  Municipality of the District of Chester, Kaizer Meadow Environmental Management Centre 2014 Annual Report. Dated March 26, 2015.  Municipality of the District of Chester Kaizer Meadow Environmental Management Centre 2015 Annual Report. Dated March 24, 2016.  All-Tech Environmental Services Limited. Microvac Sampling Results for Asbestos in Settled Dust/Personal PCM Air Monitoring Kaizer Meadow Landfill. Dated August 30, 2016  Municipality of the District of Chester Kaizer Meadow Environmental Management Centre 2016 Annual Report. Dated March 22, 2017.  Municipality of the District of Chester. Kaizer Meadow Environmental Management Centre – 2017 Annual Report. Dated March 31, 2018.  Municipality of the District of Chester Kaizer Meadow Environmental Management Centre 2018 Annual Report. Dated April 30, 2019.  All-Tech Environmental Services Limited. Microvac Sampling Results for Asbestos in Settled Dust/Personal PCM Air Monitoring – Kaizer Meadow Landfill. Dated May 9, 2019.  Dillon Consulting. Kaizer Meadow Environmental Management Centre – 2018 Monitoring Program Annual Report. Dated September 30, 2019.  Dillon Consulting. Current Monitoring Program Review for Kaizer Meadow Environmental Management Centre, Municipality of Chester, Nova Scotia. Dated October 17, 2019.  All-Tech Environmental Services Limited. Microvac Sampling Results for Asbestos in Settled Dust/Personal PCM Air Monitoring – Kaizer Meadow Landfill. Dated October 31, 2019.  Municipality of the District of Chester Kaizer Meadow Environmental Management Centre 2019 Annual Report. Dated April 30, 2020.  Envirosphere Consultants Limited Fish Habitat Assessment Kazier Meadow Landfill September 2020. Dated November 2020.  Municipality of the District of Chester, Kaizer Meadow Environmental Management Centre 2020 Annual Report. Dated April 30, 2021.  All-Tech Environmental Services Limited. Microvac Sampling Results for Asbestos in Settled Dust/Personal PCM Air Monitoring – Kazier Meadow Landfill. Dated July 2, 2021. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 15 Porter Dillon Site Drawings, dated July 1991 Site drawings for the adjoining Kaizer Meadow Environmental Management Centre completed by Porter Dillon, dated July 1991 were provided for review. The drawings included a Geological Cross Sections Drawing (1), Groundwater Flow Shallow Aquifer Drawing (2), and Groundwater Flow Bedrock Aquifer Drawing (3). The drawings present cross-sections of the landfill and include monitoring well installation details and locations. Auger hole locations and bedrock elevations were also provided. Based on a review of the above-noted drawings, radial groundwater flow has been shown in the shallow aquifer, and semi-radial flow (north, east, south) was shown in the bedrock aquifer. Porter Dillon. Municipality of the District of Chester, Baseline Water Quality Report, Kaizer Meadow Road Site, dated October 1991 The 1991 Baseline Water Quality Report provided the geotechnical and hydrogeological aspects of the adjoining remaining portions of the PID 60658705 (Kaizer Meadow Solid Waste Management Facility) and includes background groundwater conditions in the shallow and bedrock aquifers as well as surface water conditions. The groundwater results were compared to the 1989 Canadian Drinking Water Quality Guidelines and were reported by Porter Dillon to be considered generally good when compared to the 1989 Canadian Drinking Water Quality Guidelines. The surface water quality was reported by Porter Dillon to also be considered generally good when compared to the Freshwater Aquatic Life Guidelines. The report also provided recommendations for future groundwater and surface water sampling schedules at the property during landfill operations. Following review of the above-noted analytical results by Strum, the previously reported groundwater and surface water concentrations of metals and/or other inorganics reported appear to be within typical background concentrations. Jacques Whitford. Geotechnical Assessment Site Plan (Drawing), dated February 16, 2004. The drawing provides approximate locations of test locations completed during the Geotechnical Assessment completed by Jacques Whitford in 2004. Based on review of the above-noted drawings, no potential environmental concerns associated with the site were identified. Treated Leachate Disposal Letter, no author or date provided The treated leachate disposal letter proposes multiple options for handling greater than expected volumes of leachate at the landfill located on the adjoining remaining portions of the PID 60658705 property. The three options included leachate reduction, improvements to the existing EnVapoCrystallization (EVC) site, and construction of an additional EVC site. The long-term operations of a landfill including the treatment of leachate on the adjoining remaining portions of the PID 60658705 property represent a potential environmental concern to the subject site, which is discussed further in Section 5.1.3. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 16 Municipality of the District of Chester Environmental Management Centre 2014 – 2020 Annual Reports Annual environmental reports associated with the operations of the Kaizer Meadow Environmental Management Centre located at 450 Kaizer Meadows Road were completed annually by the Municipality of the District of Chester for Nova Scotia Environment [NSE (now NSECC)] for operations at the facility between 2014 - 2020. The reports were completed to fulfill NSE Approval requirements and provide the status of the facility’s operation to NSE. The reports included the following relevant information:  The facility accepts municipal solid waste as well as additional types of waste including construction and demolition waste, compost, asbestos, contaminated soil, wood, tires, recyclables, and scrap metals. Cardboard, paper, recyclables, and organics are transported off-site for processing at the appropriate facility.  Operates under Approval No. 2005-050000-R01 dated December 2015 with expiry December 31, 2025.  Accepted an average of approximately 63,000 tonnes of municipal solid waste per year between 2014 and 2020.  Accepted an average of approximately 1,811 tonnes of contaminated soil per year between 2014 and 2020. A total of 2,830 tonnes of contaminated soil was accepted in 2020. Contaminated soil is used as daily cover of the landfill after meeting disposal requirements. Soil results for the contaminated soils were not provided; however, are reportedly kept on file and are available for review upon request.  Approximately 168 tonnes of asbestos was received in 2014. The asbestos disposal site is delineated with markers and is checked on a daily basis by landfill staff for cover material. All asbestos has been reportedly covered by at least 1.25 m of soil. No other asbestos was reportedly received between 2015 – 2020.  Incidents and/or spills: o No incidents and/or spills were reported in 2015 – 2020. o One incident in 2014: In November during the construction of a new cell there was a breach of one of the check dams in the ditch leading to the sediment and erosion control ponds. NSE was reportedly notified, and water samples were collected. The results of the sampling were not provided, but are reported to be kept on file. o A fire was reported in the summer of 2018 on the landfill face. Two fire incidents were reported in 2019.  Household hazardous waste inventory was included in 2016 – 2020 reports, and included an inventory of paints, propane, petroleum products, corrosives, oxidizers, wastewater, batteries and/or other chemicals. These materials are reported to be transported to various locations for proper disposal.  All groundwater and surface water analytical results for between 2014 – 2017 are sent to Langdon Environmental Services Ltd., and analytical results for between 2018 – 2020 are sent to Dillon consulting for review. The analytical results were also included in the reports. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 17  Leachate is treated and disposed of through the on-site EVC tower. The leachate collection system was assessed by other consultants and it was proposed that systems be upgraded to handle future leachate volumes.  Accepts septage material from municipal wastewater treatment plants and residential household septic tanks. Sludge is treated in an on-site septage pond. The long-term use of the adjoining remaining portions of the PID 60658705 property for operations of a landfill including the septage, leachate, and sedimentation ponds, and contaminated soils represents a potential environmental concern to the subject site, which warrants further investigation. Although analytical results were provided in the 2014 – 2020 annual reports, the results were not compared to any criteria. The analytical results associated with the operations of the Kaizer Meadow Environmental Management Centre are discussed furth in Section 5.1.3. All-Tech Environmental Services Limited. Microvac Sampling Results for Asbestos in Settled Dust/ Personal PCM Air Monitoring Kaizer Meadow Landfill, dated August 30, 2016 The letter report completed by All-Tech Environmental Services Ltd. (All-Tech) provides the results of microvac sampling for asbestos in settled dust and Phase Contrast Microscopy (PCM) air monitoring that was completed at the Kazier Meadow Environmental Management Centre. The following relevant details were included:  Three microvac dust samples were collected and analyzed for asbestos from inside of various equipment operating at the landfill. Two of the samples were collected from a loader and an excavator reported 1,230 structures per cubic centimeter (s/cm2) of asbestos identified as chrysotile, which was reported to be above the background levels of settled dust (1,000 s/cm2) and was reported to indicate low to moderate asbestos contamination levels. The remaining sample reported asbestos concentrations that were reported to be considered consistent with background levels of settled dust (less than 1,000 s/cm2).  Three PCM personal air samples were collected from three employees during their daily activities at the landfill. The results of the air testing reported airborne levels of less than 0.01 asbestos fibres below fibres per cubic centimetre (F/cc), which complied with the applicable criteria at the time of the assessment. Based on a review of the above-noted report, although elevated concentrations of asbestos in dust were reported on the adjoining Kaizer Meadow Landfill located to the east of the site, additional assessment reported acceptable asbestos in dust concentrations. As such, the use of the adjoining remaining portions of the PID 60689734 property (Kaizer Meadow Environmental Management Centre) for the disposal of asbestos materials is not expected to represent an environmental concern to the subject site at this time, and is further discussed in Section 5.6.3. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 18 All-Tech Environmental Services Limited. Microvac Sampling Results for Asbestos in Settled Dust/ Personal PCM Air Monitoring Kaizer Meadow Landfill, dated May 9, 2019 The letter report completed by All-Tech provides the results of microvac sampling for asbestos in settled dust and PCM air monitoring that was completed at the Kazier Meadow Environmental Management Centre. The following relevant details were included:  Six microvac dust samples were collected and analyzed for asbestos from inside of various equipment operating at the landfill. All samples collected were below the laboratory detection limit for asbestos and were non-detect for asbestos fibres.  Three PCM personal air samples were collected from three employees during their daily activities at the landfill. The results of the air testing reported airborne levels of less than 0.01 asbestos fibres per cubic centimetre (F/cc), which complied with the applicable criteria at the time of the assessment. Dillon Consulting. Kaizer Meadow Environmental Management Centre – 2018 Monitoring Program Annual Report. Dated September 30, 2019. Dillon Consulting (Dillon) completed the 2018 Monitoring Program Annual Report at the Kaizer Meadow Environmental Management Centre in September 2019. The Annual Report included the following:  Completion of three groundwater and surface water monitoring and sampling events, as well as monthly leachate sampling events.  A compilation and review of a partial historical data set for groundwater, surface water, and leachate which included an analytical trend assessment of all available data at that time. Inconsistencies and inadequacies associated with the annual monitoring program were noted by Dillon during the completion of the 2018 Monitoring Program. It was recommended that industry-accepted protocols be used when completing the annual monitoring at the site, and that staff follow prescribed sampling methodology. It was recommended by Dillon that going forward a comprehensive annual report be prepared for NS Environment, and that the report assess and present the annual results including assessment of indicator parameter trends, and recommendations for the following year. Dillon Consulting. Current Monitoring Program Review for Kaizer Meadow Environmental Management Centre, Municipality of Chester, Nova Scotia, dated October 17, 2019. Dillon completed a monitoring program review for the Kaizer Meadow landfill in October 2019. Inconsistencies and inadequate sampling procedures were noted during the monitoring program review completed By Dillon Consulting for the Kaizer Meadow Solid Waste Management Facility. It was recommended that a third-party Site Professional be obtained to continue the monitoring program. It is unknown whether these deficiencies have been addressed and/or if a third-party site professional has been obtained to continue the monitoring program. As such, it is recommended that all analytical results associated with the operations of the Kaizer Meadow Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 19 Solid Waste Management Facility be compared to applicable criteria, and a Site Professional be obtained to review the data, and monitoring program. All-Tech Environmental Services Limited. Microvac Sampling Results for Asbestos in Settled Dust/ Personal PCM Air Monitoring Kaizer Meadow Landfill, dated October 31, 2019 The letter report completed by All-Tech provides the results of microvac sampling for asbestos in settled dust and PCM air monitoring that was completed at the Kazier Meadow Environmental Management Centre. The following relevant details were included:  Six microvac dust samples were collected and analyzed for asbestos from inside of various equipment operating at the landfill. All samples collected were below the laboratory detection limit for asbestos and were non-detect for asbestos fibres.  Three PCM personal air samples were collected from three employees during their daily activities at the landfill. The results of the air testing reported airborne levels of less than 0.01 asbestos fibres per cubic centimetre (F/cc), which complied with the applicable criteria at the time of the assessment. Envirosphere Consultants Limited Fish Habitat Assessment Kazier Meadow Landfill September 2020. Dated November 2020. Envirosphere Consultants completed a biennial survey of fish populations and habitat assessment in the vicinity of the Kaizer Meadow Landfill on September 28 and 29, 2020 as part of ongoing environmental monitoring of the property. It was reported by Envirosphere that several small tributary streams originate in the area of the landfill on the adjoining PID 60658705 property and join to form Melvin Brook, which flows south toward Connaught Lake. Water quality, forest cover, and stream habitat was reported by Envirosphere to be generally acceptable for maintenance of fish and other aquatic life, and was comparable to previous results. Following review of the fish habitat assessment, no environmental concerns associated with the subject site were identified. Strum also completed the following environment reports:  Kaizer Meadow Wind Project Environmental Assessment, dated August 2012. Project No. 12-4360.  Environmental Protection Plan, Kaizer Meadow Wind Project, dated September 19, 2012. Project 12-4360.  Post-Construction Bird and Bat Monitoring Program, Kaizer Meadow Wind Project, dated November 23, 2012. Project No. 12-4360  2014 Annual Update Kaizer Meadow Wind Project Post-Construction Bird and Bat Monitoring Program. Dated January 15, 2015.  Excavator Surface Wipe Samples – Asbestos Screening Kaizer Meadow Landfill Excavators – Caterpillar 320CL and Caterpillar 316EL. Dated June 2, 2014. Project No. 14-5030.  Heavy Equipment Surface Wipe Samples – Asbestos Screening Kaizer Meadow Landfill Excavators – Caterpillar 320L and Caterpillar 316EL, dated July 15, 2014. Project No. 14-5030. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 20  2015 Post-Construction Bird and Bat Monitoring Program. Kaizer Meadow Wind Project. Dated January 27, 2016. Kaizer Meadow Wind Project Environmental Assessment During the Environmental Assessment (EA) completed for the PID 60689734 portion of the site in August 2012, it was reported that the site was designated as small with a very high potential site sensitivity, due to the presence of bird species with provincial rankings of endangered. However, overall, it was determined that the proposed wind turbine would have very low to no residual effects based on activities surrounding the construction, operations and maintenance, and decommissioning of the project. It was recommended that an Environmental Protection Plan be developed and approved by NSE prior to the start of wind turbine project. Following review of the EA report, no potential contamination concerns associated with the site were identified. Environmental Protection Plan, Kaizer Meadow Wind Project An Environmental Protection Plan (EPP) was completed for the PID 60689734 portion of the site by Strum in September 2012 to develop and outline specific environmental procedures associated with the construction and operation activities. The specific procedures are detailed in the EPP report. Following review of the EPP report, petroleum products were anticipated to be used during the life of the project. However, environmental protection procedures were provided in the EPP report, and no incidents or spills associated with petroleum products were reported during construction activities and/or operations. Therefore, the use of petroleum products on the PID 60689734 portion of the site during the previous construction activities and current operations of the wind turbine are not expected to represent an environmental concern to the at this time. Post-Construction Bird and Bat Monitoring Program Strum completed a Post-Construction Bird and Bat Monitoring Program in November 2012 as a condition of the EA approval. The goal of the Monitoring Program was to propose a plan for identifying potential mortality patterns to determine potential mitigation procedures. The results of the 2014 and 2015 post-construction bird and bat monitoring program indicated that the Kaizer Meadow Wind Project did not result in any significant changes in habitat, availability for breeding birds. It was also reported that the operation of the turbine did not cause substantial bird or bat mortality. Additional monitoring was not recommended. Based on a review of the Post-Construction Bird and Bat Monitoring Program, no potential environmental concerns were identified. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 21 Strum Consulting: Heavy Equipment Surface Wipe Samples – Asbestos Screening Kaizer Meadow Landfill Excavators – Caterpillar 320L and Caterpillar 316EL Strum completed asbestos surface wipe sampling of two excavators used for asbestos disposal at the Kaizer Meadow Soldi Waste Management Facility located on the adjoining 450 Kaizer Meadow Road (adjoining remaining portions of the PID 60689734), to the east of the site between May and June 2014. Six asbestos samples were collected from the equipment. Asbestos was positively identified on the exterior and interior of one piece of equipment. Re-suspension modelling of settled asbestos fibres within the equipment indicated that mechanical agitation would likely result in an asbestos airborne concentration which exceed current regulatory guidelines. It was recommended that the interior of the equipment containing the identified asbestos be thoroughly cleaned using approved asbestos abatement methods, and following the completion of the cleaning, that additional wipe samples be collected to confirm the effectiveness of the decontamination. It was also recommended that a general review of methodologies employed for asbestos disposal, worker protection, and machine decontamination procedures be undertaken. All-Tech Environmental Services Limited. Microvac Sampling Results for Asbestos in Settled Dust/ Personal PCM Air Monitoring Kaizer Meadow Landfill, dated July 22, 2021 The letter report completed by All-Tech provides the results of microvac sampling for asbestos in settled dust and PCM air monitoring that was completed at the Kazier Meadow Environmental Management Centre. The following relevant details were included:  Six microvac dust samples were collected and analyzed for asbestos from inside of various equipment operating at the landfill. All samples collected were non-detect for asbestos fibres.  Three PCM personal air samples were collected from three employees during their daily activities at the landfill. The results of the air testing reported airborne levels of less than 0.01 asbestos fibres per cubic centimetre (F/cc), which complied with the applicable criteria at the time of the assessment. Following review of the above-noted report, acceptable concentrations of asbestos have been reported in 2021, as well as during two previous sampling events in 2019. Given the most recent monitoring results, the fact that ACM is no longer accepted at the disposal facility, and as the former asbestos disposal site is delineated with markers and covered with 1.25 m of soil, the use of the adjoining remaining portions of the PID 60689734 property (Kaizer Meadow Environmental Management Centre) for the disposal of asbestos materials is not expected to represent an environmental concern to the subject site at this time, and is further discussed in Section 5.6.3. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 22 Strum Consulting: Excavator Surface Wipe Samples – Asbestos Screening Kaizer Meadow Landfill Excavators – Caterpillar 320CL and Caterpillar 316EL Strum completed a surface wipe sampling of heavy equipment used for asbestos disposal located on the adjoining 450 Kaizer Meadow Road (remaining portions of the PID 60689734 property), to the east of the site between June and July 2014. A total of 18 asbestos wipe samples were collected (3 per piece of equipment) from the front, rear and interior of each piece of the equipment. Several samples reported asbestos concentrations considered above background. The equipment that tested positive for asbestos was cleaned by an asbestos abatement contractor, and follow up wipe samples were collected. No asbestos was detected in the follow up samples. It was recommended that a general review of the methodologies employed for asbestos disposal, work protection, and machine decontamination procedures should be undertaken, and that machine decontamination procedures should be developed in accordance with best industry practices. The use of the adjoining remaining portions of the PID 60689734 property (Kaizer Meadow Environmental Management Centre) for the disposal of asbestos materials is discussed further in Section 5.6.3. As discussed previously in Section 4.3, multiple additional NSE records were provided to Strum for review by the District of the Municipality of Chester for review including FOIPOP records related to the Kaizer Meadow Environmental Management Centre that included previous Geotechnical and Hydrogeological Assessments and Leachate Management Plans completed by other consultants. The reports have been summarized previously in Section 4.3. There were no other environmental reports available for review as part of the Phase I ESA. 5.0 SITE VISIT The site visit was completed on June 29, 2021. Observations of the site were noted and recorded, and findings are presented in the following sections. 5.1 General Observations 5.1.1 Site Activities and Condition The site was observed to be primarily undeveloped and forested during the site visit. Kaizer Meadow Road runs west to east through the north portion of the site and provides access from Highway 14 to the Kaizer Meadows Solid Waste Facility. The Kaizer Meadows Solid Waste Facility is located at 450 Kaizer Meadows Road on the adjoining remaining portions of Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 23 the PID 60658705 property located to the east of the site. A wind turbine and small picnic area with an associated privy is located on the north portion of the site on the PID 60689734 property. 5.1.2 Spills, Stains, and Stressed Vegetation No evidence of spills or stressed vegetation was observed during the site visit. 5.1.3 Adjoining Properties The Kaizer Meadows Solid Waste Facility is located to the east of the site on the adjoining remaining portions of the PID 60658705 property. The facility has been in operation since 1989 and accepts municipal solid waste and several other types of waste (including, but not limited to demolition waste, compost, asbestos, contaminated soil, wood, tires, recyclables, and scrap metals) from Hantsport to Greenwood and all of Lunenburg County. The landfill reportedly was upgraded with an approved liner and leachate treatment system in 2005, which also treats septage from the septage ponds. The sediment and septage ponds are located centrally on the PID 60658705 property to the south of the landfill cells. As discussed previously, contaminated soil is stock piled to the east of the site on the northwest of the adjoining remaining portions of the PID 60658705 property. It was reported that soil sampling results associated with the soil stock piles are kept on file at the landfill; however, the data was not available for review as part of the Phase I ESA. Groundwater analytical results for the monitoring wells (GW15 – GW17) associated with the area containing the contaminated soil stock piles were provided in the Annual Environmental reports completed by the Municipality of the District of Chester between 2014 – 2019 and review by Strum. The groundwater analytical results were not compared to any criteria. Although the most recent results (2019) reported concentrations of petroleum hydrocarbons in soil less than laboratory detection limits; elevated concentrations of metals (arsenic and lead) were reported in groundwater samples across the PID 60658705 property including in the groundwater collected from the monitoring wells located near the contaminated sites area. Groundwater results for 2021 were not available for review at the time of the Phase I ESA. As discussed previously, inconsistencies and inadequate sampling procedures were noted during the monitoring program review completed By Dillon Consulting for the Kaizer Meadow Solid Waste Management Facility. It is unknown whether these deficiencies have been addressed and/or if a third-party Site Professional has been obtained to continue the monitoring program. Given it is unknown whether the contaminated soils cell contains a liner, radial groundwater flow has been shown in the area of the landfill, the close proximity of the contaminated soils area (200 m to the east of the site), and inadequacies noted in the monitoring program, the contaminated soil cell at the Kaizer Meadow Landfill located to the east of the site on the Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 24 adjoining remaining portions of the PID 60658705 property represents a potential contamination concern to the site, which warrants further investigation. Four ASTs containing petroleum products were observed adjacent to the Sustane facility on the adjoining 25 Rainbow Drive property (PID 60704418) during the site visit. Petroleum storage and use is discussed further in Section 5.3. There was no other evidence of actual or potential environmental contamination observed on the visible areas of the adjoining properties during the site visit, and none were reported. 5.2 Chemical Storage and Use As mentioned previously, multiple hazardous wastes and other chemical products are received at the Kaizer Meadow Landfill. The hazardous wastes and other chemicals are reportedly sorted and transported off-site for processing at appropriate facilities. As such, the handling of hazardous wastes and other chemicals is not expected to represent an environmental concern to the subject site at this time. No other evidence of chemical use or storage was observed on the subject site or visible areas of adjacent properties during the site visit. 5.3 Petroleum Storage and Use Evidence of active petroleum storage and/or handling (including tanks, hydraulic fluid, and mechanical equipment) was not observed on the site during the site visit, and none was reported. However, previous use of petroleum products was reported to have been present during the development of the wind turbine located on the north portion of the site. No spills or incidents related to petroleum products and/or other chemicals were reported during the development of the wind turbine. Petroleum products are received at the Kaizer Meadow Landfill; however, it is reported that these products are sorted and transported off-site for processing at appropriate facilities. As such, the handling of petroleum products is not expected to represent an environmental concern to the subject site at this time. As mentioned previously, four ASTs containing petroleum products were observed adjacent to the Sustane facility on the adjoining 25 Rainbow Drive property (PID 60704418) located to the east of the site. No evidence of contamination including hydrocarbon odours, staining, or evidence of leakage or spills was observed from public viewing areas of the ASTs on the adjoining 25 Rainbow Drive property. Additionally, no spills associated with the ASTs were reported in the NSE records. As such, the four ASTs containing petroleum products on the adjoining 25 Rainbow Drive property are not expected to represent an environmental concern to the subject site at this time. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 25 5.4 Waste Management As the site is currently undeveloped, no waste is generated on the site and therefore no waste management infrastructure is present on the site. Evidence of dumping was not observed on the site. As discussed previously, the Kaizer Meadow Environmental Management Centre (landfill) is located on the adjoining remaining portions of the PID 60658705 property. The landfill accepts a variety of waste including municipal solid waste and several other types of waste i.e., demolition waste, compost, asbestos, contaminated soil, wood, tires, recyclables, and scrap metals. Groundwater and surface water analytical results associated with the landfill operations monitoring program were provided in the Annual Environmental reports completed by the Municipality of the District of Chester between 2014 – 2020 and reviewed by Strum. Groundwater and surface water analytical results were not compared to any criteria. However, upon a general review of the data, elevated concentrations of metals (arsenic and lead) exceeding current applicable Tier I criteria was identified in groundwater samples collected from the property during the most recent data set (2020). As discussed previously, inconsistencies and inadequate sampling procedures were noted during the monitoring program review completed by Dillon Consulting for the Kaizer Meadow Solid Waste Facility. It is unknown whether these deficiencies have been addressed and/or if a third-party Site Professional has been obtained to continue the monitoring program. As such, the long-term use of the adjoining remaining portions of the PID 60658705 property as a landfill represents an environmental concern to the subject site, which warrants further investigation. No groundwater or surface water data associated with Per- and Polyfluoroalkyl Substances (PFAS) was available for review during the Phase I ESA. It is unknown whether the Kaizer Meadow Landfill includes PFAS in the annual groundwater monitoring requirements, which represents a potential contamination concern to the subject site that warrants further investigation. Given the 2014 – 2020 analytical results were not compared to any criteria and the absence of groundwater and surface water results for 2021, as well as the discrepancies identified during the monitoring program review for the Kaizer Meadow landfill completed previously by Dillon Consulting; it is recommended that the analytical results be reviewed in detail by a Site Professional prior to initiating further environmental site assessment work at the subject site. 5.5 Building Materials and Infrastructure The age, construction, and condition of building materials and equipment on or adjacent to a property can potentially impact the environmental quality of a site. Various types of building materials and equipment related to the operation of a building – including lighting, heating, Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 26 cooling, and electrical systems located on or adjacent to a site – can potentially generate, release, or radiate hazardous materials or emissions that can be detrimental to human health and the environment. The most common examples of such materials include Asbestos Containing Materials (ACM), Urea Formaldehyde Foam Insulation (UFFI), lead, mercury, polychlorinated biphenyls (PCB), Ozone Depleting Substances (ODS), Electric and Magnetic Fields (EMF) and excessive noise and vibrations. The site is currently vacant with no permanent or occupied structures present. As such, potentially hazardous building materials such as heating and cooling systems, mechanical equipment, ACM, UFFI, lead, mercury, and ODS were not identified on the subject site during the site visit. However, ACM waste is accepted by the Kaizer Meadow Environmental Management Centre (landfill) on the adjoining remaining portions of the PID 60658705 property located to the east of the site and is discussed further in Section 5.6.3. Pole mounted transformers (Photo 10, Appendix B) were observed on the site along Kaizer Meadow Road. It is unknown whether the transformers contain PCBs. No staining or leaks were visible and the transformers are not expected to represent a concern for the subject site. Additional transmission lines associated with the wind turbine located on the PID 60689734 portion of the site were observed during the site visit. The transmission lines are not expected to represent a concern for the subject site. There are no other major long-term sources of noise and/or vibration identified on or near the site. 5.6 Air Quality and Emissions 5.6.1 Mould Evidence of chronic water intrusion inside a building is often associated with the growth of microorganisms. The occurrence of microbial reservoirs and amplification sites in buildings may have the potential to significantly impact air quality within a building. As the site is undeveloped, evidence of mould was not observed during the site visit. 5.6.2 Odours Strong, pungent, or noxious discharges to air were not detected from the subject site during the site visit, including odours associated with the Kazier Meadow Solid Waste Management Facility on the adjoining remaining portions of the PID 60658705 property. There is potential for odours associated with the Kaizer Meadow Solid Waste Management Facility on the subject site. Any future issues associated with odours from the Kaizer Meadow Solid Waste Management Facility would be addressed by the Municipality of the Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 27 District of Chester as included in the NSE Approval to operate a municipal solid waste landfill. 5.6.3 Asbestos Containing Materials As mentioned previously, ACM was previously accepted by the Kaizer Meadow Solid Waste Management Facility to the east of the site on the adjoining remaining portions of the PID 60658705 property. The ACM is reportedly contained in one designated area on the landfill and is covered by at least 125 cm of soil capping. In addition, ACM is reportedly no longer accepted at the landfill. No issues associated with ACM were reported in 2020. Although asbestos sampling completed by Strum and other consultants between 2014 - 2016 reported chrysotile asbestos above background levels of settled dust in several samples collected from heavy equipment on the Kaizer Meadow Landfill during operations, indicating low to moderate levels, two subsequent sampling events completed in 2018 as well as the most recent 2021 sampling event reported acceptable concentrations of asbestos in dust at the adjoining Kaizer Meadow Landfill Management Centre. Given the most recent monitoring results and the fact that ACM is no longer accepted at the disposal facility, the former use of the adjoining remaining portions of the PID 60689734 property (Kaizer Meadow Environmental Management Centre) for the disposal of asbestos materials is not expected to represent an environmental concern to the subject site at this time. 5.7 Water Quality, Sewage and Wastewater 5.7.1 Potable Water The site is currently undeveloped and is not supplied with potable water. The buildings on the adjoining remaining portions of the PID 60689734 property are supplied potable water via a drilled well (Photo 11, Appendix B). It is expected that future site buildings on the site will be supplied potable water via drilled wells. Groundwater testing is recommended in any future domestic wells installed at the site. 5.7.2 Watercourses, Ditches, or Standing Water No watercourses, ditches, or standing water were observed on the subject site during the site visit. A stormwater drainage ditch is located along the west side of Highway 14. According to the online Provincial Landscape Viewer and interactive Nova Scotia topographic map, several watercourses and wetlands are mapped on the site and adjoining properties located to the east and south of the site. The watercourses appear to follow topographic trends and flow to various brooks and lakes located to the south of the site. Mapped wetlands are located on the east and north portions of the site. Settling ponds associated with the operations of the landfill are located to the east of the site on the adjoining PID 60658705 property. As discussed previously, breaches associated with Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 28 the sedimentation pond as well as the leachate collection ponds have been previously reported, which represents a potential environmental concern to the subject site. It is recommended that groundwater and surface water analytical data included in the Annual Monitoring reports and any other available analytical results be reviewed by a certified Site Professional prior to the completion of additional assessment activities at the site. As detailed in the Kaizer Meadow Landfill Fish Habitat Assessment completed by Envirosphere Consultants Limited in 2020, several small tributary streams originate in the area of the landfill on the adjoining PID 60658705 property and join to form Melvin Brook, which flows south toward Connaught Lake. As discussed previously, water quality was reported to be generally acceptable for maintenance of fish and other aquatic life. Surface water analytical results were provided in the annual monitoring reports completed for Kaizer Meadow Environmental Management Centre between 2014 and 2020. The results were not compared to any criteria. Additionally, inconsistencies and inadequate sampling procedures were noted during the monitoring program review completed By Dillon Consulting for the Kaizer Meadow Solid Waste Management Facility. It is unknown whether these deficiencies have been addressed and/or if a third-party site professional has been obtained to continue the monitoring program. The long-term use of the adjoining remaining portions of the PID 60658705 property as a landfill represents an environmental concern to the subject site, which warrants further investigation. It is recommended that analytical results (including the most recent) be reviewed in detail by a certified Site Professional prior to initiating further environmental assessment work at the subject site. No other watercourses, ditches, or standing water were observed on the site during the site visit. 5.7.3 Monitoring Wells Monitoring wells were not observed on the site or visible areas of the adjoining properties during the site visit. However, multiple monitoring events and associated groundwater analytical results (2014- 2020) have been reported for the monitoring wells located on the Kaizer Meadow Solid Waste Management Facility located to the east of the site on the adjoining remaining portions of the PID 60408192 property. As discussed previously, the groundwater analytical results were not compared to criteria and the most recent data set available for review was from 2020. Additionally, inconsistencies and inadequate sampling procedures were noted during the monitoring program review completed by Dillon Consulting for the Kaizer Meadow Environmental Management Centre. It is unknown whether these deficiencies have been addressed and/or if a third-party site professional has been obtained to continue the monitoring program. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 29 As such, the long-term use of the adjoining remaining portions of the PID 60658705 property as a landfill represents an environmental concern to the subject site, which warrants further investigation. It is recommended that analytical results (including the most recent) be reviewed in detail by a certified Site Professional prior to initiating further environmental assessment work at the subject site. 5.7.4 Sanitary Discharge/Sewage Treatment A privy is located on the PID 60689734 portion of the site, and is associated with the camp/picnic area adjacent to the wind turbine. The remainder of the subject property is undeveloped and currently not supplied with sanitary services. It is expected that the future site buildings will be serviced by on-site septic systems. As discussed previously, septage waste is accepted by the Kaizer Meadow Solid Waste Management Facility. No incidents, spills, and/or complaints associated with the septage facility were reported in the annual monitoring reports for between 2014 – 2020. 5.7.5 Sumps and Drains There were no sumps or drains observed during the site visit. 5.7.6 Stormwater Discharge Evidence of stormwater infrastructure was not observed on the site. Stormwater and run-off on the site is controlled by site topography, and is eventually directed into the unnamed watercourses that are located on the site and connect to several brooks and lakes located to the south of the site. A leachate collection and treatment system associated with stormwater drainage on the Kaizer Meadow Solid Waste Management Facility is located on the adjoining remaining portions of the PID 60658705 property located to the east of the site. Groundwater and surface water analytical results for locations in the area of the landfill and leachate collection and treatment system were included in the Kaizer Meadow Solid Waste Management Facility annual reports completed between 2014 and 2020. However, the analytical results were not compared to any criteria, and inconsistencies and inadequate sampling procedures were noted during the monitoring program review completed by Dillon Consulting in 2019. It is recommended that all available groundwater and surface water analytical results should be reviewed by a certified Site Professional prior to initiating further assessment work on the subject site. Stormwater drainage ditches are located along the west side of Highway 14. All other stormwater and run-off on the adjoining properties is assumed to be controlled by topography and flow into the several watercourses that flow to the various lakes and brooks located to the south and southeast of the site. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 30 5.8 Soil Conditions The majority of the site is forested and covered with vegetated areas. Exposed soil was not observed on the site during the site visit. Based on site observations and review of the site history, infilling at the site is not suspected. 5.9 Bedrock Conditions 5.9.1 General Bedrock Conditions Exposed bedrock outcroppings were not observed on the site or areas of the adjoining properties. 5.9.2 Sulphide Bearing Materials Bedrock containing sulphide minerals (e.g., pyrite, pyrrhotite, chalcopyrite, etc.) can potentially generate acid run-off if fresh surfaces are exposed to oxygen and water. The acid run-off (known as Acid Rock Drainage or ARD) can create elevated metals concentrations in nearby surface water bodies or groundwater supply wells. The site is underlain by Leaucomonzogranite and Muscovite Biotite Monzogranite bedrock which have not been documented as potentially susceptible to generating ARD, and is therefore not an environmental concern. 5.9.3 Radon Radon is a naturally-occurring radioactive gas that originates in soils and bedrock as a result of the radioactive decay of uranium. The primary route of exposure for humans is associated with the accumulation of radon gas in buildings, and long-term exposure to radon gas has been linked to an increased incidence of lung cancer. Health Canada has established a guideline limit of 200 Bq/m3 for the average annual radon level in the normal occupancy area of a building. Although uranium in Nova Scotia is predominantly associated with bedrock such as granite and black shale, “all rocks and soils throughout the province have at least some amount of uranium and, therefore, also have some amount of radon.” (O’Reilly, G.A. 2009). In 2013, the Nova Scotia Department of Natural Resources (NSDNR) published updated mapping showing the potential for radon in indoor air in Nova Scotia. A section of the map details areas of the province designated as having high, moderate and low potential to have indoor air concentrations that exceed Health Canada radon guidelines (O’Reilly et al., 2013). Based on the updated NSDNR mapping, the majority of the subject property is located in an area with “medium potential” to exceed the Health Canada Guideline of 200 Bq/m3 for radon in air. The northwest portion of the site portion of the site is located in an area with “high potential” to exceed the Health Canada Guideline of 200 Bq/m3 for radon in air. Additionally, the east and southwest portions of the site are located close to a boundary between an area with “medium potential” and an area with “high potential” to exceed the Health Canada Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 31 Guideline for radon in air. According to the mapping, this area “contains bedrock known to have minor uranium occurrences and mildly elevated levels of uranium and radon in groundwater”. Radon guidelines are based on health risks for residential homes and public institutions (hospitals, retirement homes, penitentiaries, etc.) where occupants may spend up to 24 hours per day, 7 days a week inside the building. Since no buildings currently exist on the subject site, radon gas in indoor air does not represent a potential environmental concern to the site. Any new buildings constructed on the site should be in compliance with the current National Building Code of Canada, which includes requirements for the mitigation of potential radon gas in indoor air. 6.0 CONCLUSIONS AND RECOMMENDATIONS A Phase I ESA was completed at the six adjoining properties (PIDs 60408192, 60145398, 60145414, 60142817, and 60658705) located in Sherwood, Nova Scotia to determine whether evidence of actual or potential contamination currently exists on the property. The Phase I ESA has revealed no evidence of actual contamination in connection with the subject site; however, potential contamination and other environmental concerns in connection with the site were identified, as described below.  Evidence of potential soil and groundwater contamination concerns were identified in relation to the long-term use of the adjoining remaining portions of the PID 60658705 property located to the east of the site as a landfill (Kaizer Meadow Solid Waste Management Facility), including the following: o The long-term stock piling and storage of contaminated soils. o The long-term use of sediment and settling ponds for the treatment of septage and leachate. o Available groundwater and surface water analytical results from the annual monitoring reports between 2014 – 2020 were not compared to any criteria. Additionally, inconsistencies and inadequate sampling procedures were reported during the monitoring program review completed previously by other consultants. It is unknown whether these deficiencies have been addressed and/or if a third-party Site Professional has been obtained to continue the monitoring program. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 32 Based on the potential presence of contamination and other environmental concerns identified, the following recommendations are provided: 1. All available historical and current groundwater and surface water analytical data for the landfill should be reviewed and compared to current applicable criteria by a certified Site Professional to determine the current environmental conditions of the landfill. 2. Based on the results of the above recommended landfill assessment, an intrusive site investigation (i.e., Phase II ESA) may be warranted. 3. Any future domestic wells that are installed at the site should be sampled to confirm potable water quality at the site. Additionally, recommendations in relation to best management practices at the site are outlined throughout the report. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 33 7.0 STATEMENT OF QUALIFICATIONS AND LIMITATIONS This Report (the “Report”) has been prepared by Strum Consulting (“Consultant”) for the benefit of The Municipality of Chester (“Client”) in accordance with the agreement between Consultant and Client, including the scope of work detailed therein (the “Agreement”). The information, data, recommendations, and conclusions contained in the Report (collectively, the “Information”):  is subject to the scope, schedule, and other constraints and limitations in the Agreement and the qualifications contained in the Report (the “Limitations”)  represents Consultant’s professional judgement in light of the Limitations and industry standards for the preparation of similar reports  may be based on information provided to Consultant which has not been independently verified  has not been updated since the date of issuance of the Report and its accuracy is limited to the time period and circumstances in which it was collected, processed, made or issued  must be read as a whole and sections thereof should not be read out of such context  was prepared for the specific purposes described in the Report and the Agreement  in the case of subsurface, environmental, or geotechnical conditions, may be based on limited testing and on the assumption that such conditions are uniform and not variable either geographically or over time Consultant shall be entitled to rely upon the accuracy and completeness of information that was provided and has no obligation to update such information. Consultant accepts no responsibility for any events or circumstances that may have occurred since the date on which the Report was prepared and, in the case of subsurface, environmental, or geotechnical conditions, is not responsible for any variability in such conditions, geographically or over time. Consultant agrees that the Report represents its professional judgement as described above and that the Information has been prepared for the specific purpose and use described in the Report and the Agreement, but Consultant makes no other representations, or any guarantees or warranties whatsoever, whether express or implied, with respect to the Report, the Information or any part thereof. The Report is to be treated as confidential and may not be used or relied upon by third parties, except:  as agreed in writing by Consultant and Client  as required by law Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 34  for use by governmental reviewing agencies Consultant accepts no responsibility, and denies any liability whatsoever, to parties other than Client who may obtain access to the Report or the Information for any injury, loss, or damage suffered by such parties arising from their use of, reliance upon, or decisions or actions based on the Report or any of the Information (“improper use of the Report”), except to the extent those parties have obtained the prior written consent of Consultant to use and rely upon the Report and the Information. Any damages arising from improper use of the Report or parts thereof shall be borne by the party making such use. This Statement of Qualifications and Limitations forms part of the Report and any use of the Report is subject to the terms hereof. Should additional information become available, Strum requests that this information be brought to our attention immediately so that we can re-assess the conclusions presented in this report. This report was prepared by Thomas Crane, P.Eng., Environmental Engineer, and was reviewed by James Foley, P.Geo., Project Manager. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 35 8.0 REFERENCES All-Tech Environmental Services Limited. August 30, 2016. Microvac Sampling Results for Asbestos in Settled Dust/ Personal PCM Air Monitoring Kaizer Meadow Landfill. Project No. 22364. All-Tech Environmental Services Limited. May 9, 2019. Microvac Sampling Results for Asbestos in Settled Dust/ Personal PCM Air Monitoring Kaizer Meadow Landfill. Project No. 25312. All-Tech Environmental Services Limited. October 31, 2019. Microvac Sampling Results for Asbestos in Settled Dust/ Personal PCM Air Monitoring Kaizer Meadow Landfill. Project No. 25955. All-Tech Environmental Services Limited. July 2, 2021. Microvac Sampling Results for Asbestos in Settled Dust/ Personal PCM Air Monitoring Kaizer Meadow Landfill. Project No. 28134. Canadian Commission on Building and Fire Codes, National Research Council of Canada, National Building Code of Canada, Volume 1. 2015. Canadian Standards Association (CSA) Standard Z768-01 for conducting Phase I Environmental Site Assessments. November 2001 (Updated April 2003). Envirosphere Consultants Limited. November 2020. Fish Habitat Assessment Kazier Meadow Landfill September 2020. Jacques Whitford. February 16, 2004. Geotechnical Assessment Site Plan. Keppie, J.D. 2000. DP ME 43, Version 2, 2006, Digital Version of Nova Scotia Department of Natural Resources Map ME 2000-1, Geological Map of the Province of Nova Scotia, scale 1:500,000. Digital product compiled by B.E. Fisher. (Formerly DP ME D00-01). Municipality of the District of Chester. March 26, 2015. Kaizer Meadow Environmental Management Centre 2014 Annual Report. Municipality of the District of Chester. March 24, 2016. Kaizer Meadow Environmental Management Centre 2015 Annual report. Municipality of the District of Chester. March 22, 2017. Kaizer Meadow Environmental Management Centre 2016 Annual Report. Municipality of the District of Chester. March 31, 2018. Kaizer Meadow Environmental Management Centre – 2017 Annual Report. Municipality of the District of Chester. April 30, 2019. Kaizer Meadow Environmental Management Centre 2018 Annual Report. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 36 Dillon Consulting. October 17, 2019. Current Monitoring Program Review for Kaizer Meadow Environmental Management Centre, Municipality of Chester, Nova Scotia. Dillon Consulting. September 30, 2019. Kaizer Meadow Environmental Management Centre – 2018 Monitoring Program Annual Report. Dated September 30, 2019. File No. 19-1051- 1000 Municipality of the District of Chester. April 30, 2020. Kaizer Meadow Environmental Management Centre 2019 Annual Report. Municipality of the District of Chester. April 30, 2021. Kaizer Meadow Environmental Management Centre 2020 Annual Report. Nova Scotia Environment, Phase I Environmental Site Assessment Protocol. July 2013. O’Reilly, G.A. 2009: in Mineral Resources Branch, Report of Activities 2008; Nova Scotia Department of Natural Resources, Report ME 2009-1, p.111-113 O’Reilly, G.A., Goodwin, T.A., McKinnon, J.S., Fisher, B.E., Cowper, S.L., and Drage, J., 2013. Map showing the Potential for Radon in Indoor Air in Nova Scotia. Nova Scotia Department of Natural Resources, Report of Activities 2013, p. 129-131. Porter Dillon Site Drawings. July 1991. Project No. 2784. Porter Dillon. October 1991. Municipality of the District of Chester, Baseline Water Quality Report, Kaizer Meadow Road Site. File No. 2784-04-3 Stea, R.R., Conley, H. and Brown, Y. 1992. DP ME 36 Version 2, 2006. Digital Version of Nova Scotia Department of Natural Resources Map ME 1992-3, Surficial Geology Map of the Province of Nova Scotia, 1:500,000. Digital product compiled by B. E. Fisher. (Formerly DP ME D92-03). Strum Consulting. August 2012. Kaizer Meadow Wind Project Environmental Assessment. Project No. 12-4360. Strum Consulting. September 19, 2012. Environmental Protection Plan, Kaizer Meadow Wind Project. Project No. 12-4360. Strum Consulting. November 23, 2012. Post-Construction Bird and Bat Monitoring Program, Kaizer Meadow Wind Project. Project No. 12-4360. Strum Consulting. June 2, 2014. Excavator Surface Wipe Samples – Asbestos Screening Kaizer Meadow Landfill Excavators – Caterpillar 320CL and Caterpillar 316EL. Project No. 14-5030. Phase I Environmental Site Assessment November 4, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 37 Strum Consulting. July 15, 2014. Heavy Equipment Surface Wipe Samples – Asbestos Screening Kaizer Meadow Landfill Excavators – Caterpillar 320L and Caterpillar 316EL. Project No. 14-5030. Strum Consulting. January 15, 2015. 2014 Annual Update Kaizer Meadow Wind Project Post-Construction Bird and Bat Monitoring Program. Project No. 12-4360. Strum Consulting. January 27, 2016. 2015 Post-Construction Bird and Bat Monitoring Program. Kaizer Meadow Wind Project. Project No. 12-4360. Website References GeoNova – Geographic Gateway to Nova Scotia https://www.gov.ns.ca/GeoNova/home/products/softpage/data_locator.asp Nova Scotia Department of Natural Resources (NSDNR) Mineral Resources Branch http://gov.ns.ca/natr/meb/pubs/pubs3.htm Nova Scotia Provincial Landscape Viewer – Interactive Nova Scotia Topographic Map https://nsgi.novascotia.ca/plv/ Service Nova Scotia and Municipal Relations http://www.gov.ns.ca/snsmr/property/default.asp?mn=282.46.1064 APPENDIX A SITE PLAN 8/12/2021 Property Online Map https://linns.novascotia.ca/property-online/secure/map/generate.do 1/1 Property Online Map Date: Aug 12, 2021 1:32:56 PM PID:60408192 County:LUNENBURG COUNTY LR Status:LAND REGISTRATION Owner:MUNICIPALITY OF THE DISTRICT OF CHESTER Address:NO 14 HIGHWAY WINDSOR ROAD AAN:10127262 Value:$62,700 (2021 RESOURCE EXEMPT) The Provincial mapping is a graphical representation of property boundaries which approximate the size, configuration and location of parcels. Care has been taken to ensure the best possible quality, however, this map is not a land survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. The Provincial mapping is not conclusive as to the location, boundaries or extent of a parcel [Land Registration Act subsection 21(2)]. THIS IS NOT AN OFFICIAL RECORD. Property Online version 2.0 This page and all contents are copyright © 1999-2003,Government of Nova Scotia, all rights reserved. 8/12/2021 Property Online Map https://linns.novascotia.ca/property-online/secure/map/generate.do 1/1 Property Online Map Date: Aug 12, 2021 1:29:22 PM PID:60145398 County:LUNENBURG COUNTY LR Status:LAND REGISTRATION Owner:MUNICIPALITY OF THE DISTRICT OF CHESTER Address:450 KAIZER MEADOW ROAD SHERWOOD AAN:04156382 Value:$81,600 (2021 RESOURCE EXEMPT) The Provincial mapping is a graphical representation of property boundaries which approximate the size, configuration and location of parcels. Care has been taken to ensure the best possible quality, however, this map is not a land survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. The Provincial mapping is not conclusive as to the location, boundaries or extent of a parcel [Land Registration Act subsection 21(2)]. THIS IS NOT AN OFFICIAL RECORD. Property Online version 2.0 This page and all contents are copyright © 1999-2003,Government of Nova Scotia, all rights reserved. 8/12/2021 Property Online Map https://linns.novascotia.ca/property-online/secure/map/generate.do 1/1 Property Online Map Date: Aug 12, 2021 1:30:12 PM PID:60145414 County:LUNENBURG COUNTY LR Status:LAND REGISTRATION Owner:MUNICIPALITY OF THE DISTRICT OF CHESTER Address:NO 14 HIGHWAY WINDSOR ROAD AAN:03251586 Value:$108,000 (2021 RESOURCE EXEMPT) The Provincial mapping is a graphical representation of property boundaries which approximate the size, configuration and location of parcels. Care has been taken to ensure the best possible quality, however, this map is not a land survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. The Provincial mapping is not conclusive as to the location, boundaries or extent of a parcel [Land Registration Act subsection 21(2)]. THIS IS NOT AN OFFICIAL RECORD. Property Online version 2.0 This page and all contents are copyright © 1999-2003,Government of Nova Scotia, all rights reserved. 8/12/2021 Property Online Map https://linns.novascotia.ca/property-online/secure/map/generate.do 1/1 Property Online Map Date: Aug 12, 2021 1:31:51 PM PID:60142817 County:LUNENBURG COUNTY LR Status:LAND REGISTRATION Owner:MUNICIPALITY OF THE DISTRICT OF CHESTER Address:NO 14 HIGHWAY WINDSOR ROAD AAN:08185921 Value:$7,000 (2021 MUNICIPAL FOREST) The Provincial mapping is a graphical representation of property boundaries which approximate the size, configuration and location of parcels. Care has been taken to ensure the best possible quality, however, this map is not a land survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. The Provincial mapping is not conclusive as to the location, boundaries or extent of a parcel [Land Registration Act subsection 21(2)]. THIS IS NOT AN OFFICIAL RECORD. Property Online version 2.0 This page and all contents are copyright © 1999-2003,Government of Nova Scotia, all rights reserved. 8/12/2021 Property Online Map https://linns.novascotia.ca/property-online/secure/map/generate.do 1/1 Property Online Map Date: Aug 12, 2021 1:31:06 PM PID:60658705 County:LUNENBURG COUNTY LR Status:LAND REGISTRATION Owner:MUNICIPALITY OF THE DISTRICT OF CHESTER Address: SHERWOOD AAN:08206422 Value:$2,834,700 (2021 COMMERCIAL EXEMPT) The Provincial mapping is a graphical representation of property boundaries which approximate the size, configuration and location of parcels. Care has been taken to ensure the best possible quality, however, this map is not a land survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. The Provincial mapping is not conclusive as to the location, boundaries or extent of a parcel [Land Registration Act subsection 21(2)]. THIS IS NOT AN OFFICIAL RECORD. Property Online version 2.0 This page and all contents are copyright © 1999-2003,Government of Nova Scotia, all rights reserved. 8/12/2021 Property Online Map https://linns.novascotia.ca/property-online/secure/map/generate.do 1/1 Property Online Map Date: Aug 12, 2021 1:33:30 PM PID:60689734 County:LUNENBURG COUNTY LR Status:LAND REGISTRATION Owner:MUNICIPALITY OF THE DISTRICT OF CHESTER Address:177 KAIZER MEADOW ROAD SHERWOOD AAN:10512344 Value:$12,700 (2021 COMMERCIAL TAXABLE) $780,000 (2021 COMMERCIAL EXEMPT) The Provincial mapping is a graphical representation of property boundaries which approximate the size, configuration and location of parcels. Care has been taken to ensure the best possible quality, however, this map is not a land survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. The Provincial mapping is not conclusive as to the location, boundaries or extent of a parcel [Land Registration Act subsection 21(2)]. THIS IS NOT AN OFFICIAL RECORD. Property Online version 2.0 This page and all contents are copyright © 1999-2003,Government of Nova Scotia, all rights reserved. APPENDIX B PHOTOGRAPH LOG Photo 1: View of Kaizer Meadow Road providing access to the Kaizer Meadow Environmental Management Centre through the north portion of the site, looking west. Photo taken June 29, 2021. Photo 2: View of the camp area adjacent to the wind turbine located on the PID 60689734 portion of the site, looking north. Privy is also visible. Photo taken June 29, 2021. Photo 3: View of the wind turbine located on the north portion of the site (PID 60689734), looking north. Photo taken June 29, 2021. Photo 4: View of Kaizer Meadow Environmental Management Centre (Landfill) located on the adjoining remaining portions of the PID 60658705 property, to the east of the site, looking northwest. Photo taken June 29, 2021. Photo 5: View of the office building on the adjoining remaining portions of the PID 60658705 property, to the east of the site, looking west. Photo taken June 29, 2021. Photo 6: View of the scale house and household hazardous waste disposal on the adjoining remaining portions of the PID 60658705 property, to the east of the site, looking east. Photo taken June 29, 2021. Photo 7: View of settling ponds located at the Kaizer Meadow Environmental Centre (Landfill) on the adjoining remaining portions of the PID 60658705 property, looking west. Photo taken June 29, 2021. Photo 8: View of contaminated soil pile area located at Kaizer Meadow Environmental Centre (Landfill) on the adjoining remaining portions of the PID 60658705 property looking north. Photo taken June 29, 2021. Photo 9: View of aboveground storage tanks (ASTs) located on the adjoining 25 Rainbow Drive property, looking northwest. Photo taken June 29, 2021. Photo 10: Transformer located on the site along Kaizer Meadow Road, looking south. Photo taken June 29, 2021. Photo 11: View of the drilled potable well located to the east of the site on the adjoining remaining portions of the PID 60658705 property, looking southeast. Photo taken June 29, 2021. APPENDIX C SOURCES OF INFORMATION – RECORDS REVIEW Aerial photograph from 1966. Approximate site location shown in red. Google Earth Image from March 2014. Approximate site location is shown in red. 461 Kaizer Meadow Road, Chester, NS, Canada 217802 88579 James Foley Strum Consulting 4/12/2021 7:21:59 AM Midori Page: 2 Project #: 217802 Search Area: 461 Kaizer Meadow Road, Chester, NS, Canada OPTA INFORMATION INTELLIGENCE ENVIROSCAN Report Requested by: James Foley Date Completed: 04/12/2021 07:21:59 Opta Historical Environmental Services Enviroscan TM Terms and Conditions Report The documents (hereinafter referred to as the "Documents") to be released as part of the report (hereinafter referred to as the "Report") to be delivered to the purchaser as set out above are documents in Opta’s records relating to the described property (hereinafter referred to as the "Property"). Opta makes no representations or warranties respecting the Documents whatsoever, including, without limitation, with respect to the completeness, accuracy or usefulness of the Documents, and does not represent or warrant that these are the only plans and reports prepared in association with the Property or in Opta’s possession at the time of Report delivery to the purchaser. The Documents are current as of the date(s) indicated on them. Interpretation of the Documents, if any, is by inference based upon the information which is apparent and obvious on the face of the Documents only. Opta does not represent, warrant or guarantee that interpretations other than those referred to do not exist from other sources. The Report will be prepared for use by the purchaser of the services as shown above hereof only. Disclaimer Opta disclaims responsibility for any losses or damages of any kind whatsoever, whether consequential or other, however caused, incurred or suffered, arising directly or indirectly as a result of the services (which services include, but are not limited to, the preparation of the Report provided hereunder), including but not limited to, any losses or damages arising directly or indirectly from any breach of contract, fundamental or otherwise, from reliance on Opta Reports or from any tortious acts or omissions of Opta's agents, employees or representatives. Entire Agreement The parties hereto acknowledge and agree to be bound by the terms and conditions hereof. The request form constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and discussions, whether oral or written, and there are no representations or warranties, or other agreements between the parties in connection with the subject matter hereof except as specifically set forth herein. No supplement, modification, waiver, or termination of the request shall be binding, unless confirmed in writing by the parties hereto. Governing Document In the event of any conflicts or inconsistencies between the provisions hereof and the Reports, the rights and obligations of the parties shall be deemed to be governed by the request form, which shall be the paramount document. Law This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Page: 3 Opta Historical Environmental Services Enviroscan Terms and Conditions OPTA INFORMATION INTELLIGENCE ENVIROSCAN Report Requested by: James Foley Date Completed: 04/12/2021 07:21:59 175 Commerce Valley Drive W Markham, Ontario L3T 7Z3 T:905.882.6300 Toll Free:905.882.6300 F:905.882.6300 An SCM Company www.optaintel.ca Project #: 217802 No Records Found Page: 4 No Records Found OPTA INFORMATION INTELLIGENCE ENVIROSCAN Report Requested by: James Foley Date Completed: 04/12/2021 07:21:59 Project #: 217802 450 Kaizer Meadow Rd Chester NS Canada 217802 88577 James Foley Strum Consulting 4/20/2021 12:51:09 PM Sunita Page: 2 Project #: 217802 Search Area: 450 Kaizer Meadow Rd Chester NS Canada OPTA INFORMATION INTELLIGENCE ENVIROSCAN Report Requested by: James Foley Date Completed: 04/20/2021 12:51:09 Opta Historical Environmental Services Enviroscan TM Terms and Conditions Report The documents (hereinafter referred to as the "Documents") to be released as part of the report (hereinafter referred to as the "Report") to be delivered to the purchaser as set out above are documents in Opta’s records relating to the described property (hereinafter referred to as the "Property"). Opta makes no representations or warranties respecting the Documents whatsoever, including, without limitation, with respect to the completeness, accuracy or usefulness of the Documents, and does not represent or warrant that these are the only plans and reports prepared in association with the Property or in Opta’s possession at the time of Report delivery to the purchaser. The Documents are current as of the date(s) indicated on them. Interpretation of the Documents, if any, is by inference based upon the information which is apparent and obvious on the face of the Documents only. Opta does not represent, warrant or guarantee that interpretations other than those referred to do not exist from other sources. The Report will be prepared for use by the purchaser of the services as shown above hereof only. Disclaimer Opta disclaims responsibility for any losses or damages of any kind whatsoever, whether consequential or other, however caused, incurred or suffered, arising directly or indirectly as a result of the services (which services include, but are not limited to, the preparation of the Report provided hereunder), including but not limited to, any losses or damages arising directly or indirectly from any breach of contract, fundamental or otherwise, from reliance on Opta Reports or from any tortious acts or omissions of Opta's agents, employees or representatives. Entire Agreement The parties hereto acknowledge and agree to be bound by the terms and conditions hereof. The request form constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and discussions, whether oral or written, and there are no representations or warranties, or other agreements between the parties in connection with the subject matter hereof except as specifically set forth herein. No supplement, modification, waiver, or termination of the request shall be binding, unless confirmed in writing by the parties hereto. Governing Document In the event of any conflicts or inconsistencies between the provisions hereof and the Reports, the rights and obligations of the parties shall be deemed to be governed by the request form, which shall be the paramount document. Law This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Page: 3 Opta Historical Environmental Services Enviroscan Terms and Conditions OPTA INFORMATION INTELLIGENCE ENVIROSCAN Report Requested by: James Foley Date Completed: 04/20/2021 12:51:09 175 Commerce Valley Drive W Markham, Ontario L3T 7Z3 T:905.882.6300 Toll Free:905.882.6300 F:905.882.6300 An SCM Company www.optaintel.ca Project #: 217802 No Records Found Page: 4 No Records Found OPTA INFORMATION INTELLIGENCE ENVIROSCAN Report Requested by: James Foley Date Completed: 04/20/2021 12:51:09 Project #: 217802 454 Kaizer Meadow Rd Chester NS Canada 217802 88578 James Foley Strum Consulting 4/12/2021 9:25:35 AM Stephanie Page: 2 Project #: 217802 Search Area: 454 Kaizer Meadow Rd Chester NS Canada OPTA INFORMATION INTELLIGENCE ENVIROSCAN Report Requested by: James Foley Date Completed: 04/12/2021 09:25:35 Opta Historical Environmental Services Enviroscan TM Terms and Conditions Report The documents (hereinafter referred to as the "Documents") to be released as part of the report (hereinafter referred to as the "Report") to be delivered to the purchaser as set out above are documents in Opta’s records relating to the described property (hereinafter referred to as the "Property"). Opta makes no representations or warranties respecting the Documents whatsoever, including, without limitation, with respect to the completeness, accuracy or usefulness of the Documents, and does not represent or warrant that these are the only plans and reports prepared in association with the Property or in Opta’s possession at the time of Report delivery to the purchaser. The Documents are current as of the date(s) indicated on them. Interpretation of the Documents, if any, is by inference based upon the information which is apparent and obvious on the face of the Documents only. Opta does not represent, warrant or guarantee that interpretations other than those referred to do not exist from other sources. The Report will be prepared for use by the purchaser of the services as shown above hereof only. Disclaimer Opta disclaims responsibility for any losses or damages of any kind whatsoever, whether consequential or other, however caused, incurred or suffered, arising directly or indirectly as a result of the services (which services include, but are not limited to, the preparation of the Report provided hereunder), including but not limited to, any losses or damages arising directly or indirectly from any breach of contract, fundamental or otherwise, from reliance on Opta Reports or from any tortious acts or omissions of Opta's agents, employees or representatives. Entire Agreement The parties hereto acknowledge and agree to be bound by the terms and conditions hereof. The request form constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and discussions, whether oral or written, and there are no representations or warranties, or other agreements between the parties in connection with the subject matter hereof except as specifically set forth herein. No supplement, modification, waiver, or termination of the request shall be binding, unless confirmed in writing by the parties hereto. Governing Document In the event of any conflicts or inconsistencies between the provisions hereof and the Reports, the rights and obligations of the parties shall be deemed to be governed by the request form, which shall be the paramount document. Law This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Page: 3 Opta Historical Environmental Services Enviroscan Terms and Conditions OPTA INFORMATION INTELLIGENCE ENVIROSCAN Report Requested by: James Foley Date Completed: 04/12/2021 09:25:35 175 Commerce Valley Drive W Markham, Ontario L3T 7Z3 T:905.882.6300 Toll Free:905.882.6300 F:905.882.6300 An SCM Company www.optaintel.ca Project #: 217802 No Records Found Page: 4 No Records Found OPTA INFORMATION INTELLIGENCE ENVIROSCAN Report Requested by: James Foley Date Completed: 04/12/2021 09:25:35 Project #: 217802 PO Box 442 Halifax, Nova Scotia B3J 2P8 ph: (902) 424-2549 fax: (902) 424-6925 April 22, 2021 Our file # ENV-2021-1525/1536 Email: tcooper@strum.com James Foley Strum Consulting 1355 Bedford Highway Bedford NS B4A 1C5 Dear Mr. Foley: RE: Lot 04-1 Highway 14 (PID 60408192); 454 Kaizer Meadow Rd. Lot 1 (PID 60658705); 461 Kaizer Meadow Rd. Lot 1 (PID 60658705); Lot 04-3 Highway 14 (PID 60145414); Highway 4 (PID 60146685); Lot 3 Highway 103 (PID 60658721); 3895 Highway 14 (PID 60419140); 4000 Highway 14 (PID 60671641); 450 Kaizer Meadow Rd. Lot 04-2 (PID 60145398); 177 Kaizer Meadow Rd. (PID 60689734); 25 Rainbow Dr. Lot L2 (PID 60704418); and 59 Rainbow Dr. (PID 60687548), Sherwood I refer to your enquiry of the Environmental Registry received April 6, 2021. We acknowledge receipt of payment for 12 properties. Enclosed is the information that was located through the Environmental Registry with regards to 454 Kaizer Meadow Rd., 461 Kaizer Meadow Rd., 450 Kaizer Meadow Rd., and 25 Rainbow Dr., Sherwood. No information was located through the Environmental Registry with regards to the remaining above referenced properties. A municipal sewage works file (file# 94200-30-BRI-2011-078304) containing application, inspection reports, and correspondence; three municipal solid waste files (file# 94400-30-BRI- 2005-050000-R0, 94400-30-BRI-2005-050000A03, 94400-30-BRI-050000) containing applications, inspection reports, communication forms, operations manual, annual reports quality control report, maps, correspondence, monitoring program, and monitoring reports pertaining to 454 Kaizer Meadow Rd., Sherwood were located. An asbestos file (file# 31000-30-BRI-2006- 054296) containing application, inspection reports, correspondence, and map pertaining to 461 Kaizer Meadow Rd., Sherwood was located. An environmental assessment file (file# 40100-30- 198) pertaining to 177 Kaizer Meadow Rd., Sherwood was located. An environmental assessment file (file# 40100-30-288); an industrial file (file# 92100-30-YAR-2018-2516162) containing application, monitoring and inspection process in relation to industrial process (no approval issued yet), site plans, communication, site assessment; and a municipal solid waste file Page 2 (file# 94400-30-BRI-2017-113054) containing correspondence, photos, assessment, application, and project description pertaining to 25 Rainbow Dr., Sherwood were also located. These records, while not in the Environmental Registry, may be relevant to your request. Should you feel you require these records, they are subject to the Freedom of Information and Protection of Privacy (FOIPOP) Act. FOIPOP applications can be submitted by filling out the attached application form or https://beta.novascotia.ca/apply-access-information-under-freedom- information-and-protection-privacy-foipop-act-form-1. Please quote the Environmental Registry number in your FOIPOP application. Nova Scotia Environment makes no representations or warranties on the accuracy or completeness of the information provided. Sincerely, Tina Skeir Information Access Office May 25, 2021 Tanya Cooper Strum Consulting 1355 Bedford Highway Bedford, NS B4A1C5 Dear Tanya Cooper Re: You are entitled to the information requested – 2021-00791-ENV Environment and Climate Change received your application for access to information under the Freedom of Information and Protection of Privacy Act on April 26, 2021. In your application, you requested a copy of the following records: An asbestos file (file# 31000-30-BRI-2006-054296) containing application, inspection reports, correspondence, and map pertaining to 461 Kaizer Meadow Rd., Sherwood (as per attached). You are entitled to part of the records requested. However, we have removed some of the information from this record according to subsection 5(2) of the Act. The severed information is exempt from disclosure under the Act for the following reason: • Section 20(1): unreasonable invasion of personal privacy. Responsive records have been located and are attached. You have the right to ask for a review of this decision by the Information Access and Privacy Commissioner (formerly the Review Officer). You have 60 days from the date of this letter to exercise this right. If you wish to ask for a review, you may do so on Form 7, a copy of which is attached. Send the completed form to the Information Access and Privacy Commissioner, P.O. Box 181, Halifax, Nova Scotia B3J 2M4. Please contact me at germaine.mombouquette@novascotia.ca or at 902-424-5494, if you need further assistance regarding this application. Yours truly, Germaine Mombourquette IAP Administrator Attachments APPENDIX D SITE ASSESSOR QUALIFICATIONS EDUCATION  Bachelor of Engineering (Environmental), Dalhousie University, Halifax, NS (2017)  Diploma of Engineering, St. Francis Xavier University, Antigonish, NS (2014) TRAINING  Emergency First Aid & CPR (2021)  WHMIS Certificate (2020)  H2S Alive  Ground Disturbance Supervisor Training  Construction Safety Training  Confined Space Entrant Training PROFESSIONAL ASSOCIATIONS  Association of Professional Engineers of Nova Scotia AREAS OF SPECIALIZATION  Phase I/II/III Environmental Site Assessments  Environmental Monitoring and Modelling  Soil & Groundwater Remediation and Treatment  Water Quality Assessment and Monitoring RELEVANT EXPERIENCE Mr. Crane has over four years of experience in the environmental and engineering consulting industry. Mr. Crane has experience advancing environmental site assessment and investigation programs from proposal stage through completion. His site assessment and remediation experience include soil and groundwater assessments, delineation, and remediation on a variety of site types dealing with a wide range of contaminants. Mr. Crane is a registered Engineer-in-Training through the Association of Professional Engineers of Nova Scotia. REPRESENTATIVE PROJECTS AND ROLES Evaluation of Air Pollution Control System, Tacora Scully Mine (NL), 2020 – Environmental Engineer: Completed an inspection of the air pollution control equipment used for dust control within the iron-ore processing buildings. Collected measurements and inspected the exterior and interior of the wet scrubbers, dry scrubbers, and bag house units in several areas of the mine, including the dryer, classifier, crusher, high-tension, and loadout. In addition, Thomas was responsible for mapping and inspecting the duct work for each unit, as well as assessing the associated fans and motors. The assessment was completed to provide recommendations for repairs and/or upgrades to the process, as well as completing an air dispersion modelling report. Contingency Report, Sustane Chester Inc. (NS), 2020 – Environmental Engineer: Completed a Contingency Report for the advanced waste collection facility located in Chester, Nova Scotia. During the assessment, Thomas worked with the client in identifying Dangerous Goods stored and transiting the facility. Assisted with the preparation of the report, which highlighted planned procedures for reporting, containing, removing and clearing up any chemical releases that would impact the environment or human health. Phase II Environmental Site Assessment, IOC Mine (NL), 2020 – Field Coordinator: As a field coordinator, Thomas provided field supervision and direction to third-party contractors during environmental drilling and installation of groundwater monitoring wells. The assessment was completed to investigate groundwater pathways by assessing the quality of bedrock in the area of historic hydrocarbon impacts, near the heating plant at the mine, as well as potential leachate impacts near the landfill. Phase II Environmental Site Assessment, IOC Mine (NL), 2020 – Field Coordinator: As a field coordinator, Thomas provided supervision and direction to third-party contractors during environmental drilling and installation of groundwater monitoring wells. The drilling program assessed potential impacts for potential perfluorooctanesulfonic acid (PFOS) near the emergency response building and potential hydrocarbon impacts near the area of the old tailings dump pond at the mine. Specialized sampling procedures were used during the soil sampling of PFOS, due to the sensitive nature of PFOS testing and analysis. Thomas Crane, EIT Environmental Engineer Total Experience: 4 years Thomas Crane, EIT/Page 2 Treatment of Liquid Phase Hydrocarbon Plume, IOC Mine (NL), 2020 – Field Technician: Assisted with the set-up and operation of a mobile treatment trailer for the treatment of liquid-phase hydrocarbon impacts. In addition, collected surface water and groundwater samples during the remedial activities. Spill Response, East of Antigonish along Highway 104 (NS), 2020 – Field Coordinator: Collected soil samples and provided technical direction to third-party contractors for soil removal and disposal during a spill response for a petroleum transport truck on Highway 104. Contaminated soil was removed from the site and disposed of at a licensed facility, and a verification for 30-day clean up exemption form was submitted to NS Environment for the spill. Phase I Environmental Site Assessments, various sites (NS, NWT, and BC), 2016-2020 – Project Manager: Collected historical records and background information on site characteristics. Led interviews with site contacts and documented site conditions during the site visits. Compiled current and historical information from the field and historical record searches to produce reports. The Phase I Environmental Site Assessments were completed on a variety of site types including, residential, commercial, resource, and industrial. Phase II Environmental Site Assessments, various sites (NS, NL, SK, AB, and BC), 2016-2020 – Various Roles: Participated as project manager, environmental engineer, and field technician. As a project manager coordinated field staff, prepared health and safety documents, developed work instructions, and coordinated public and private utility clearances and third-party contractors. As an environmental engineer, Thomas has compiled analytical results and compared results to applicable provincial guidelines, interpreted data, completed site modelling, and prepared reports. In the field, he has provided technical direction for advancing boreholes and installing groundwater and soil vapour monitoring wells with third-party contractors. The Phase II site assessments were completed on a variety of site types including commercial, residential, industrial, commercial, and mining sites. Downstream Commercial Gas Station Remedial Programs, various sites (AB and BC), 2016-2020 – Various Roles: Supervised and conducted decommissioning at various service stations, including groundwater monitoring well decommissions, and tank pulls with remedial excavation and soil sampling. Provided technical direction to contractors for remedial activities such as confirmatory soil sampling, off-site disposal and backfill, and worked with clients to achieve acceptable concentrations of petroleum hydrocarbon impacted soil in excavation areas. Compiled results and provided a report with a recommendations letter. In-situ Groundwater Remediation System Engineer, Former Fertilizer Plant (AB), 2019 – Environmental Engineer: Acted as Engineer for an in-situ Groundwater Remediation System (GRS) treating a nutrient plume approximately 3 km in size adjacent to a major body of water. Maintenance and operations at the GRS included daily system monitoring, troubleshooting, servicing injection and extraction wells, and weekly groundwater sampling as requested by Alberta Parks and Environment. Interpreted weekly analytical results and system readings to make any required changes to system operations and completed monthly and annual GRS performance reports. In addition, provided recommendations to the client for system upgrades to increase operational efficiency, completed standard operating procedures (SOPs) for fieldwork, system maintenance and operations at the GRS. Buried Debris Site Remediation (AB), 2019 – Environmental Engineer: Supervised and provided technical direction to subcontractors for multiple test pit excavations and borehole advancement, including monitor well installation, during a buried debris delineation and remediation project. The buried debris was delineated, and the remedial project was approved to go ahead in 2021. Plume Stability Assessments, multiple commercial/residential properties in western Canada, 2019 – Environmental Engineer: Completed multiple plume stability assessments involving organic contaminants on properties in western Canada. Determined trends related to plume spatial extent using statistical analysis (ProUCL), and plume stability evaluated by concentration contours, and reactive transport modelling using BIOSCREEN-AT. EDUCATION  Hon. B.Sc., Saint Mary’s University, Halifax, NS (2008) TRAINING  Emergency First Aid “A” CPR & AED (2018)  Remediation Workshop (2017)  WHMIS Certificate (2017)  Difficult Conversations Workshop (2016)  Conflict Resolution Skills Workshop (2016)  Transition to Supervisor Seminar (2014)  Professional Practice Workshop (2012)  Mining and Exploration Workshop (2012)  Certificate in Communication Skills (2011)  Confined Space (2011)  Contaminated Soil and Groundwater Chemistry Assessment and Remediation Course (2010)  Oil Tank Essentials Seminar (2010)  Bear Safety Awareness Course (2008)  Energy Sector Driver Safety Course (2007) PROFESSIONAL ASSOCIATIONS  Association of Professional Geoscientists of Nova Scotia AREAS OF SPECIALIZATION  Project Management  Phase I/II/III Environmental Site Assessments  Emergency Spill Response  Remedial Action Planning  Soil & Groundwater Remediation  Environmental Monitoring  Contaminated Site Assessment & Management  Environmental Risk Assessment & Management RELEVANT EXPERIENCE Mr. Foley is a registered Professional Geologist with the Association of Professional Geoscientists of Nova Scotia and has 12 years of experience in the environmental consulting industry. He has worked in various roles from field coordinator to project manager on numerous environmental projects throughout Atlantic Canada including phased environmental site assessments, emergency spill response, contaminated site remediation, environmental monitoring, risk assessment and management of contaminated sites. Mr. Foley has been responsible for managing and coordinating these projects, completing various field programs including collecting, compiling, and analyzing data, developing mitigative measures/plans, report preparation, and related regulatory paperwork. James has also participated in various wetland delineation and compensation projects, geotechnical investigations, and Level I/II Groundwater Assessments. In addition to the coordination and management of environmental projects, James is highly experienced in the field with regard to test pit and drilling (borehole/monitor well) programs, including the interpretation of soil and bedrock stratigraphy and evaluation of topography and geology. Such programs often involved soil, sediment, groundwater, surface water, and air sampling. In the past, Mr. Foley has also worked as a junior geologist in the oil & gas and mineral exploration industries. REPRESENTATIVE PROJECTS AND ROLES Assessment and Remediation of a Fuel Oil Spill Affecting Multiple Properties (NS), 2017 - Environmental Coordinator: Responded to a loss of fuel oil across one residential property and the adjacent right-of-way in Pubnico, NS. Completed an initial inspection and assessment at the site. Directed fuel oil containment efforts including removal of free product on the ground surface via hydro-vac and impact delineation. Subsequently developed the remedial action plan. Supervised and project managed remedial activities at the site and the drilling of boreholes, installation of monitoring wells, and collection of soil and groundwater samples to confirm conditions. A Remediation Report and site closure documents were subsequently submitted to the regulator. Phase I Environmental Site Assessments, Multiple Properties (NS), 2015-2017 - Environmental Coordinator: Completed Phase I ESAs for multiple commercial and residential properties located in Nova Scotia. Phase I ESAs were typically completed as part of a property transaction or for refinancing purposes of various entities. The assessments were completed in accordance with the Canadian Standards Association (CSA) Phase I Environmental Site Assessment Standard and the Nova Scotia Environment Phase I ESAs Protocol document (July 2013). The James Foley, P.Geo. Project Manager Total Experience: 12 years James Foley, P.Geo./Page 2 purpose of the Phase I ESAs was to determine whether evidence of actual or potential contamination currently exists on the respective properties. Based on the results of the assessments, recommendations were forwarded for additional assessment (i.e. a Phase II ESA) if necessary. In addition, best management practices were noted throughout the reports. Assessment and Remediation of a Fuel Oil Spill Affecting Multiple Properties (NS), 2017 - Environmental Coordinator: Managed the assessment and remedial activities of a loss of fuel oil at a residential property. Directed impact delineation at the site including the completion of test pits and boreholes/monitoring wells. Subsequently developed the remedial action plan. Supervised and project managed remedial activities at the site as well as sub- floor air monitoring and free product removal from groundwater at the source property and affected third-party property. Environmental Site Assessment & Closure, Former Bulk Plant Sites 2014-2017 - Environmental Coordinator: Completed Phase II Environmental Site Assessments including test pit and borehole programs and groundwater monitoring programs, Tier II Risk Assessments, and Risk Management Plans for multiple former petroleum hydrocarbon bulk plants in Nova Scotia and Newfoundland. Responsibilities included assessing historical test data, project management, coordination and completion of the field work, assessing site data for petroleum hydrocarbons, metals, PAHs, and MTBE in soil and groundwater, and report writing. The Phase II assessments also included analysis of samples for TPH Fractionation, Fraction of Organic Carbon, and grain-size analysis for completion of the Tier II Risk Assessment. The Tier II Risk Assessment was completed and recommendations forwarded to submit for regulatory closure for the site via implementation of a Risk Management Plan. The RMPs and site closure documents were subsequently submitted to the Regulator. Phase II ESA & Groundwater Monitoring Program, Former School Facility (NS), 2014-2015 – Environmental Coordinator: Completed a Phase II Environmental Site Assessment, subsequent groundwater monitoring program and sub-floor air monitoring program (i.e. Tier III assessment) for a vacant former school facility in a south shore community of Nova Scotia. Project responsibilities included assessing previous site data, coordinating and supervising the field program, assessing site data for petroleum hydrocarbons in soil, groundwater, and sub-floor air within the site building, and report writing. Groundwater Remediation & Monitoring (NS), 2014-2015 - Environmental Coordinator: Completed assessment and remedial activities of a domestic fuel oil loss at a residential site in Halifax, NS. Following removal of accessible contaminated soil, completed assessment, remediation, and monitoring of petroleum hydrocarbon contaminated groundwater at the site. This work included project management, completion of field work, assessment of analytical data, assessment of remedial program results, report writing and providing recommendations for future monitoring and remedial work. Field activities included monitoring well installation, groundwater sampling, sub-slab and soil vapour air quality monitoring (i.e. Tier III assessment), and completion of remedial activities including groundwater purging and installation of oxygen releasing materials. Following completion of the monitoring and remediation, site closure documents were submitted to Nova Scotia Environment, and were subsequently accepted. Contaminated Soil Assessment/Remediation and Slate Assessment (NS), 2013 - Environmental Coordinator: Completed a subsurface investigation to confirm the presence and quantity of sulphide-bearing slate bedrock at a proposed residential development site in Halifax, NS. Also completed the assessment of contaminated soil and supervised the subsequent remediation. Northern Mine Site Assessment and Monitoring (NL), 2012-2015 - Environmental Specialist: Completed Phase II/III ESAs at an active iron ore mine in Labrador City, NL. Emergency response (assessment and remediation) related to an on-site fuel spill was also completed. The projects included the coordination and completion of field programs (soil & groundwater assessment/monitoring), data compilation and analysis, report preparation, communication with clients and local regulators, as well as remedial planning. Level I/II Groundwater Assessments (NS) 2012–2015 - Environmental Specialist: Involved in numerous Groundwater Assessments for residential and commercial developments within HRM. Level I Groundwater Assessments are required to characterize the local site geology and hydrogeology and to assess availability and issues related to the supply of potable water for proposed site developments. A Level II Groundwater Assessment involves locating and constructing suitable test wells for aquifer testing, including pump tests, and water quality analyses. Completed the desktop research for these projects, coordinating and supervising the drilling programs, evaluating pump test results, and reporting. Assessment and Remediation of a Fuel Oil Spill at a residential property (NS), 2012 - Environmental Specialist: Managed the assessment and remedial activities of a loss of fuel oil at a residential property located in Cape Saint James Foley, P.Geo./Page 3 Mary’s, NS. Directed impact delineation at the site including the completion of test pits and boreholes/monitoring wells. Subsequently developed the remedial action plan. Supervised and project managed remedial activities at the site as well as long term monitoring of groundwater. All reports and site closure documents were subsequently submitted to the Regulator and accepted. Groundwater Assessment for Geotechnical Purposes (NS), 2012 - Environmental Specialist: Coordinated and completed draw-down tests on multiple groundwater monitoring wells at a proposed wind farm in New Ross, NS. Compiled and analyzed field data to determine the hydraulic conductivity of the subsurface. Assessment and Remediation of a Fuel Oil Spill Affecting Multiple Properties (NS), 2011-2013 - Environmental Specialist: Coordinated and completed various field programs associated with the assessment and remediation of a domestic fuel oil spill at a property located in Halifax, NS. Completed an initial inspection and assessment at the site. Directed impact delineation. Supervised remedial activities at the site and the drilling of boreholes, installation of monitoring wells, and collection of soil and groundwater samples to confirm conditions. Also completed sub-slab air monitoring at the site. A Tier II Risk Assessment was completed and recommendations forwarded to submit for regulatory closure for the site via implementation of a Risk Management Plan. The RMPs and site closure documents were subsequently submitted to the Regulator and accepted. Domestic Fuel Oil Spill – Residential (NS), 2011 - Environmental Specialist: Responsible for on-site supervision of initial site assessment, site remediation, and multi-phase borehole/monitor well program. Responsible for the collection of soil, groundwater and air sampling, review of analytical data, and the preparation of interim and regulatory reporting. Involved in quantitative and qualitative Ecological and Human Health Risk Evaluation, development/evaluation of a Risk Management Plan (RMP), and development/evaluation of designs, plans, or specifications for remedial or risk management technologies/activities such as a sub-floor Vapor Extraction System. Gasoline Spill – Commercial (NS), 2010 - Environmental Specialist: Responsible for on-site supervision of the initial site assessment, site remediation, and borehole/monitor well program. Responsible for the collection of soil and groundwater samples, review of analytical data, and the preparation of interim and regulatory reporting. Oakfield Woods Level II Groundwater Assessment (NS), 2010 - Environmental Specialist: Responsible for supervising the drilling of an observation well, including interpreting the bedrock stratigraphy and collecting depth correlated cuttings samples. Responsible for researching the area geology prior to the drilling program, and collection of site data from the drill crew including water static depth and well yield. Diesel Fuel Spill - Transportation (NS), 2010 - Environmental Specialist: Responsible for on-site supervision of site remediation, collection of soil, surface water, and domestic well samples, and the review of analytical data and the preparation of regulatory reporting. Geotechnical Investigation (NS), 2010 - Environmental Specialist: Responsible for on-site supervision of geotechnical borehole drilling program, interpreting soil stratigraphy and depth to groundwater, and the collection of soil samples. Mineville Wetland Compensation (NS), 2010 - Environmental Specialist: Assisted in the completion of a natural resource inventory at the project site in advance of construction activities for a wetland creation project. Field studies included the collection of groundwater statics, characterization of watercourses, and completion of flora and fauna surveys. Kingswood North, Phase IV Wetland Alteration (NS), 2010 - Environmental Specialist: Responsible for conducting field investigations of bedrock geology. These investigations consisted of research of area geology and on- site identification of bedrock geology. McCabe Lake Wetland Compensation Investigation (NS), 2010 - Environmental Specialist: Completed a field investigation to evaluate the project site with respect to its suitability to be a wetland restoration project. Responsible for habitat identification, evaluation of habitat health, identification of on-going and historical impacts to wetland habitat, and collection of GPS data to map potential wetland compensation areas. Induced Polarization (I.P.) Survey, (BC), 2008 - Junior Geologist: Responsible for coordinating and implementing the field work for an Induced Polarization (I.P.) Geophysical Survey related to mineral exploration. Head Office Railside, 1355 Bedford Hwy. Bedford, NS B4A 1C5 t. 902.835.5560 (24/7) f. 902.835.5574 Antigonish Office 3-A Vincent’s Way Antigonish, NS B2G 2X3 t. 902.863.1465 (24/7) f. 902.863.1389 St. John’s Office #E120 - 120 Torbay Road St. John's, NL A1A 2G8 t. 709.738.8478 (24/7) f. 709.738.8494 Engineering ● Surveying ● Environmental www.strum.com info@strum.com Moncton Office 45 Price Street Moncton, NS E1A 3R1 t. 1.855.770.5560 (24/7) f. 902.835.5574 November 23, 2021 Ms. Erin Lowe The Municipality of Chester 151 King Street PO Box 369 Chester, NS B0J 1J0 Dear Ms. Lowe, Re: Strum Proposal – Phase II Environmental Site Assessment Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Strum Consulting is pleased to submit this proposal to the Municipality of Chester to complete a Phase II Environmental Site Assessment (ESA) to further investigate potential contamination identified during a Phase I ESA that Strum recently completed on a portion of the Kaizer Meadows Industrial Park (PIDs 60408192, 60145398, 60145414, 60142817, 60658705, and 60689734). Our proposal is outlined in the following sections. Background During a recent Phase I ESA (refer to the Phase I ESA report dated November 4, 2021) completed by Strum in September 2021, the following evidence of potential contamination in connection with the subject site, as well as other potential environmental concerns, was identified:  Evidence of potential contamination concerns were identified in relation to the long-term use of the adjoining remaining portions of the PID 60658705 property located to the east of the site as a landfill (Kaizer Meadow Solid Waste Management Facility), including the following: o The long-term stock piling and storage of contaminated soils. o The long-term use of sediment and settling ponds for the treatment of septage and leachate. o Available groundwater and surface water analytical results from the annual monitoring reports for between 2014 – 2020 were not compared to any criteria. Additionally, inconsistencies and inadequate sampling procedures were reported during the monitoring program review completed previously by other consultants. It is unknown whether these deficiencies have been addressed and/or if a third-party Site Professional has been obtained to continue the monitoring program. Strum Proposal – Phase II Environmental Site Assessment November 23, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 2 Based on the potential presence of contamination and other environmental concerns identified, the following recommendations were provided: 1. All available historical and current groundwater and surface water analytical data for the landfill should be reviewed and compared to current applicable criteria by a certified Site Professional to determine the current environmental conditions of the landfill. 2. Based on the results of the above recommended landfill assessment, an intrusive site investigation (i.e., Phase II ESA) may be warranted. 3. Any future domestic wells that are installed at the site should be sampled to confirm potable water quality at the site. This proposal letter provides a scope of work, tentative schedule, and costing estimate to complete a Phase II ESA at the subject site. Further details are provided below. Scope of Work The proposed scope of work for the Phase II ESA is outlined below:  Complete a utilities check at the site. The utilities check will include reviewing site services with local utility providers (e.g. Nova Scotia Power, Heritage Gas, etc.), and if necessary locating private utilities on the site using an experienced subcontractor. The utilities check shall be completed prior to the start of the field work, and will be used to comply with health and safety requirements, as well as to identify potential contaminant migration pathways.  Supervise the drilling of six boreholes, completed as three sets of paired monitoring wells (shallow and deep) on the site. The boreholes/monitoring wells would be completed by an experienced drilling subcontractor under the supervision of a Strum field technician. The borehole locations will depend on the location of site utilities, but will ultimately be placed to investigate the potential environmental concerns noted during the Phase I ESA.  Submit the following number of groundwater samples to Bureau Veritas Laboratories in Bedford, NS for laboratory analysis: o 7 samples (including one field duplicate) for analysis of petroleum hydrocarbons. o 6 samples for analysis of polycyclic aromatic hydrocarbons (PAHs). o 6 samples for volatile organic compounds (VOCs). o 6 samples for general chemistry and metals (RCAP-MS). o 6 samples for dissolved mercury. o 6 samples for polychlorinated biphenyls (PCBs). o 6 samples for polyfluoroalkyl substances (PFAS). Strum Proposal – Phase II Environmental Site Assessment November 23, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 3  Complete a report outlining the results of the assessment. If contamination is identified, recommendations will be forwarded on the next steps required to further assess and address the identified contamination. It should be noted that there is potential that the encountered site conditions may reveal a need to expand the scope of the assessment (e.g. completing additional test locations, analyze additional samples, etc.). Additional costs could be incurred in the event that the scope of assessment is expanded; however, Strum will notify the client in advance for approval prior to expanding the scope of the assessment. Schedule We are prepared to start the work immediately following authorization to proceed. The field work schedule would be dependent on the availability of subcontractors, but would likely start within two to three weeks of receiving authorization to proceed. It is expected that the field work component would take approximately one week to complete assuming that access to the proposed investigation locations is not restricted and tree clearing is not required. Upon completion of the field work, a report would take approximately two weeks to complete. In total, it is estimated that the Phase II ESA report would be completed within five to seven weeks following authorization to proceed. Cost Estimate Based on the proposed scope of work, the Phase II ESA will cost approximately $26,500 (plus HST). A cost breakdown is provided in Table A. Table A: Cost Estimate for Phase II ESA – 73 Brookside Branch Road, Brookside, NS Task/Item Cost Estimate 1. Utility Clearance $1,000 2. Drilling Sub-Contractor $9,500 3. Strum – Field Supervision, Sampling & Field Expenses $5,000 4. Strum – Project Management & Reporting $3,500 5. Laboratory Testing $7,500 Project Total (excluding HST) $26,500 Notes: 1. Taxes not included. 2. The listed costs are based on time and materials for the above-noted scope of work. 3. Should encountered site conditions reveal the need to expand the scope of work, Strum will notify client for approval before proceeding with additional work. 4. This proposal does not include the cost of repairing asphalt, concrete, or landscaping. There is potential that the encountered site conditions may reveal a need to expand the scope of the assessment (e.g., collect additional groundwater samples, analyze additional samples, etc.). Additional costs could be incurred in the event that the scope of assessment is expanded; however, Strum will notify the Municipality of Chester in advance for approval prior to expanding the scope of the assessment. Strum Proposal – Phase II Environmental Site Assessment November 23, 2021 Portion of Kaizer Meadows Industrial Park (Six PIDs), Sherwood, NS Ms. Erin Lowe The Municipality of Chester Project # 21-7802 Page 4 Closure Thank you for the opportunity to submit this proposal. We trust that this proposal meets with your current requirements. If you have any questions or require anything further, please contact us. Thank you, Thomas Crane, P.Eng. James Foley, P.Geo. Environmental Engineer Project Manager tcrane@strum.com jfoley@strum.com REQUEST FOR DECISION REPORT TO: Council MEETING DATE: Thursday January 27th, 2022 DEPARTMENT: Community Development SUBJECT: Order to demolish & Rectify ORIGIN: Date: January 19, 2022 Prepared by: Brendan Mosher, Bylaw Enforcement Officer Date: January 20, 2022 Reviewed by: Chad Haughn, Director of Community Development & Recreation Date: January 20, 2022 Authorized by: Dan McDougall, CAO RECOMMENDED MOTION There are three recommend motions regarding two properties (same owner) that have both dangerous and unsightly elements. These recommendations are coming from the Building Code & Unsightly Premises Committee which met on Tuesday, January 18th, 2022. Motion #1: MOVED by Deputy Warden Shatford, SECONDED by Councillor Connors the Building Code & Unsightly Premises Committee recommend to Council the property owner and(or) Power of Attorney of 17 Lindsay Moland Lane, East Chester, Lunenburg County, PID 60151842 be issued an Order to demolish the 5 derelict and(or) dangerous structures on the property within 15-Days. MOTION CARRIED. Motion #2: MOVED by Deputy Warden Shatford, SECONDED by Councillor Connors the Building Code & Unsightly Premises Committee recommend to Council the property owner and(or) Power of Attorney of 42 Lindsay Moland Lane, East Chester, Lunenburg County, PID 60151834 be issued an Order to demolish the 2 derelict and(or) dangerous structures on the property within 7 Days. MOTION CARRIED. Motion #3: MOVED by Deputy Warden Shatford, SECONDED by Councillor Connors the Building Code & Unsightly Premises Committee recommend the property owner and(or) Power of Attorney of 17 Lindsay Moland Lane, East Chester, Lunenburg County, PID 60151842 be issued an Order to rectify the unsightly nature of the property when demolition of the 5 structures occurs. MOTION CARRIED. CURRENT SITUATION This report is in front of council since these two properties have structures on them that are past the point of repair and pose a significant life safety risk towards the public if anyone attempted to enter these structures. BACKGROUND April 10th, 2021 The initial complaint was received regarding an unsightly concern at 17 Lindsay Moland Lane and a site inspection was completed by the previous Bylaw Enforcement Officer. No further action was taken on this property during the period when the Bylaw Enforcement Officer position was vacant. November 9th, 2021 Brendan Mosher, Bylaw Enforcement Officer received a telephone call regarding the concern of this property and reopened the case file. Immediately after the telephone conversation Brendan Mosher reviewed the notes from April 10th, 2021 and conducted a site visit. During the site visit the following was noted: 1. Property owner’s household garbage and debris building up around the property. R e q u e s t f o r D e c i s i o n P a g e | 2 2. Structures in disrepair and not secured. November 16th, 2021 Brendan Mosher presented this case file to the Building Code & Unsightly Premises Committee. After discussion regarding the property the following was agreed upon, one, photos will be provided showing a structure in a state of disrepair and rubbish around the yard and two, a letter will be sent to the property owner advising the status of the property and concerns with the state of the structure asking what the property owners intentions are to address these concerns. December 6th, 2021 Brendan Mosher had a telephone conversation with the power of attorney for the property owner. During the conversation Brendan Mosher outlined the concerns with the property and asked the power of attorney what their intentions are regarding the outlined concerns. He stated, “He believes the properties are not in as bad of condition as stated and they are secured.” The power of attorney also indicated that there were no funds to complete the demolition and clean up. At the end of the discussion, it was agreed upon that myself and Building Inspector, Brent Haase, would complete another site/building inspection. January 10th, 2022 Brendan Mosher/Brent Haase/Jim Holt conducted a site visit to determine the condition of these properties. During the inspection of 17 Lindsay Moland Lane it was determined all five (5) structures on this property are in a dangerous condition with significant structural integrity issues. After discussion it was mutually agreed upon that all five (5) structures are in a state of disrepair. During this same site visit, the property at 42 Lindsay Moland Lane was found to have two (2) structures on it which is also in a dangerous condition with significant structural integrity issues and significant life safety hazards such as: - Buildings collapsing, free standing chimney - Powerlines connected to the structure - Wood scaffolding collapsing After the inspection was completed a conversation with the property owner’s power of attorney was completed again via telephone. Brendan Mosher outlined the significant life safety and structural integrity issues that were found to these structures. Brendan Mosher also informed the power of attorney that a recommendation would be going to the Building Code and Dangerous & Unsightly Committee that all seven (7) structures between the two properties be demolished due to the outlined concerns along with cleaning up the unsightly issue at 17 Lindsay Moland Lane. IMPLICATIONS By-Law/Policy The following bylaws and Acts are outlined for this report: - Municipal Government act. - Dangerous or Unsightly Premises Policy P-80 Financial/budgetary If the property owner does not follow through with the issued order the Municipality of Chester will complete the assigned order(s) through the Municipal Heavy equipment contract and any expenses accumulated will be assigned to the correct property taxes. Has Legal review been completed? Yes R e q u e s t f o r D e c i s i o n P a g e | 3 ATTACHMENTS - Building Official report for 17 Lindsay Moland Lane - Building Official report for 42 Lindsay Moland Lane - November 16th, 2021 Building Code & Unsightly Premises Committee meeting case file report - January 18th, 2022 Building Code & Unsightly Premises Committee meeting case file reports (Three reports) - Photos from January 10th, 2022 site visit R e q u e s t f o r D e c i s i o n P a g e | 4 R e q u e s t f o r D e c i s i o n P a g e | 5 R e q u e s t f o r D e c i s i o n P a g e | 6 R e q u e s t f o r D e c i s i o n P a g e | 7 R e q u e s t f o r D e c i s i o n P a g e | 8 R e q u e s t f o r D e c i s i o n P a g e | 9 INFORMATION REPORT REPORT TO: Building Code & Unsightly Premises Committee MEETING DATE: Tuesday January 18th, 2022 DEPARTMENT: Community Development SUBJECT: CM-US2022-001 Date: January 13th, 2022 Prepared by: Brendan Mosher, Bylaw Enforcement Officer CURRENT SITUATION File CM-US2022-001, property located at 42 Lindsay Moland Lane, East Chester, is an ongoing case file with a dangerous concern. The dangerous concern is regarding several outbuildings on the property which are starting to collapse. BACKGROUND/UPDATE January 10th, 2022 - B. Mosher/B. Haase/J. Holt conducted a site visit to determine the condition of the structures on 17 Lindsay Moland Lane, East River. File CM-US2021-006. During that visit the above noted property in the “current situation” section it was determined that all two (2) buildings on this property are in a dangerous condition with significant structural integrity issues. After a discussion it was mutually agreed upon that these structures were passed the point of fixing and impossible to “secure” from public entry. The one main structure also had significant hazards present which included:  Free standing chimney  Power lines connected to the house  Wood scaffolding collapsing After the inspection a conversation was held with the property owner’s power of attorney, Stephen Hume and he outlined that there are no funds for this to be completed. He stated, “tell me what papers I need to sign, and I will sign the property over to the municipality for tax sale.” January 11th, 2022 - B. Mosher & C. Haughn had a telephone conversation with S. Lamey to discuss the proper process related to these structures. B. Mosher also notified Chester Fire Chief, Everett Hiltz regarding the hazards his department may encounter. B. Mosher also notified councillor, Andre Veinotte of this case file since it is located in his district. January 11th, 2022 – For public safety purposes, B. Mosher & B. Haase went back to the property to tape off the structures with “caution” tape and no trespassing signs. RECOMMENDATION After review from the “Background” section above it is recommended that an “Order to demolish” within fifteen (7) days be issued for all five structures on the property. ATTACHMENTS  Building Official Report  Photos from January 10th, 2022 site inspection Front of house R e q u e s t f o r D e c i s i o n P a g e | 2 R e q u e s t f o r D e c i s i o n P a g e | 3 Side of house & Chimney R e q u e s t f o r D e c i s i o n P a g e | 4 R e q u e s t f o r D e c i s i o n P a g e | 5 Inside structure Upper structure INFORMATION REPORT REPORT TO: Building Code & Unsightly Premises Committee MEETING DATE: Tuesday January 18th, 2022 DEPARTMENT: Community Development SUBJECT: CM-US2021-006 Date: January 11th, 2022 Prepared by: Brendan Mosher, Bylaw Enforcement Officer Date: January 12, 2022 Reviewed by: Chad Haughn, Director CD&R CURRENT SITUATION File CM-US2021-006, property located at 17 Lindsay Moland Lane, East Chester, is an ongoing case file with a dangerous concern. The dangerous concern is regarding several outbuildings on the property which are starting to collapse. BACKGROUND/UPDATE April 10, 2021 – Initial complaint was received, and Erin conducted a site visit. November 9th, 2021 – B. Mosher, Bylaw Enforcement Officer opened the case as per a telephone complaint was received and a site visit was conducted at 17 Lindsay Moland Lane, East Chester, Nova Scotia B0J 1K0. During the site visit the following concerns were noted: (Pictures below) 1. Property owner’s household garbage and debris building up around the property. 2. Buildings in disrepair that need to be demolished and are not secured. JANUARY 18th, 2022 UPDATE: December 6th, 2021 - B. Mosher held a verbal conversation with Mr. Stephen Hume via telephone regarding the property listed above. B. Mosher noted the following concerns:  Unsightly property due to household garbage and debris building up around the property.  Five (5) structures starting to fall apart. B. Mosher asked Mr. Hume what his attentions were regarding the structures and regarding the unsightly concern. Mr. Hume outlined that he believes the property is not in this bad of condition and the structures are secured. He also outlined that he is the power of attorney for Mr. Edmund Hume and this property is going to another person, so he won’t be putting money into this. If anything is mandated to be done, it can be applied to the taxes. At the end of the discussion, it was agreed that we would have Chief Building Official, Brent Haase conduct a building inspection. January 10th, 2022 - B. Mosher/B. Haase/J. Holt conducted a site visit to determine the condition of these properties. During this visit it was determined that all five (5) buildings on this property are in a dangerous condition with significant structural integrity issues. After a discussion it was mutually agreed upon that these structures were passed the point of fixing and impossible to “secure” from public entry. R e q u e s t f o r D e c i s i o n P a g e | 2 After the inspection a conversation was held with the property owner’s power of attorney, Stephen Hume and he outlined that there are no funds for this to be completed. He stated, “tell me what papers I need to sign, and I will sign the property over to the municipality for tax sale.” January 11th, 2022 - B. Mosher & C. Haughn had a telephone conversation with S. Lamey to discuss the proper process related to these structures. B. Mosher also notified Chester Fire Chief, Everett Hiltz regarding the hazards his department may encounter. B. Mosher also notified councillor, Andre Veinotte of this case file since it is located in his district. January 11th, 2022 – For public safety purposes, B. Mosher & B. Haase went back to the property to tape off the structures with “caution” tape and no trespassing signs. RECOMMENDATION After review from the “Background” section above it is recommended that an “Order to demolish” within fifteen (15) days be issued for all five structures on the property. ATTACHMENTS  Building Official Report  Photos from January 10th, 2022 site inspection R e q u e s t f o r D e c i s i o n P a g e | 3 R e q u e s t f o r D e c i s i o n P a g e | 4 R e q u e s t f o r D e c i s i o n P a g e | 5 R e q u e s t f o r D e c i s i o n P a g e | 6 R e q u e s t f o r D e c i s i o n P a g e | 7 INFORMATION REPORT REPORT TO: Building Code & Unsightly Premises Committee MEETING DATE: Tuesday January 18th, 2022 DEPARTMENT: Community Development SUBJECT: CM-US2022-001 Date: January 13th, 2022 Prepared by: Brendan Mosher, Bylaw Enforcement Officer CURRENT SITUATION File CM-US2022-001, property located at 17 Lindsay Moland Lane, East Chester, is a case file with an unsightly concern. It is also in reference to file CM-US2021-006. The unsightly concern is regarding household items and derelict vehicles throughout the property. BACKGROUND/UPDATE January 10th, 2022 Brendan Mosher/Brent Haase/Jim Holt conducted a site inspection for the property outlined above. During the inspection it was deemed unsightly, and the following concerns were noted:  Household items  Derelict vehicles  Derelict vehicle parts  Scrap wood & scrap metals After the inspection a conversation was held with the property owner’s power of attorney, Stephen Hume and he outlined that there are no funds for this to be completed. He stated, “tell me what papers I need to sign, and I will sign the property over to the municipality for tax sale.” RECOMMENDATION After review from the “Background” section above it is recommended that we issue a “Order to remedy condition” and fulfill the work ourselves throughout a contraction in conjunction with the recommendation with file CM-US2021-006 and apply all expenses to the property tax. ATTACHMENTS  Photos from January 10th, 2022 site visit. R e q u e s t f o r D e c i s i o n P a g e | 2 R e q u e s t f o r D e c i s i o n P a g e | 3 R e q u e s t f o r D e c i s i o n P a g e | 4