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HomeMy Public PortalAbout2022-05-12_Council_Agenda Package_Updated May 11, 2012 (4.2 and 7.8) Page 1 of 3 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Thursday, May 12, 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 – April 28, 2022. 5. COMMITTEE REPORTS 5.1 Equity Diversion & Inclusion Committee – April 26, 2022 – Councillors Connor/Assaff. a. Request for Flag Raising – Lunenburg County Pride. 6. PUBLIC PRESENTATIONS 6.1 Blake McNeely, Coastal Action at 9:00 a.m. a. Request for Decision prepared April 21, 2022 – Community Development & Recreation – Monitoring Report and Consideration of 2022 Monitoring Program. b. Bayswater Beach – 2021 Water Quality and Sediment Sampling Report c. Bacteria Monitoring Results from Goose Creek and Rafuse Cove, Western Shore. 7. MATTERS ARISING 7.1 Second/Final Notice – Repeal – Policy P-10 Regular Council Meetings. 7.2 Second/Final Notice – Repeal Section 6 of the Personnel Policy P-55 (Travel Expense and Meal Allowance Policy. 7.3 Second/Final Notice – Repeal - Policy P-22 Petty Cash Fund Policy. 7.4 Second/Final Notice – Adopt – Expense Policy P-95 (with removal of per diem rates). 7.5 Second/Final Notice – Adopt - Council and Committee Procedural Policy P-109. 7.6 Request for Decision – Corporate & Strategic Management – Priorities Chart Update. Page 2 of 3 7.7 Corporate and Strategic Management Department – 4th Quarter Quarterly Report January 1, 2022 to March 31, 2022. 8. CORRESPONDENCE 8.1 Correspondence dated May 4, 2022 from Donna Whitford requesting Council consider a dust abatement by-law. 8.2 Email dated May 4, 2022 from Ray Cambria requesting Council consider a dust abatement by-law. 8.3 Letter of request from regarding International Day Against Homophobia and Transphobia May 17, 2022 (draft proclamation included) and consideration to fly flag. 8.4 Correspondence dated April 24, 2022 from Bell Canada regarding cell phone coverage updates in the Municipality of Chester. 9. NEW BUSINESS 9.1 Request for Decision prepared April 2022 – Community Development & Recreation Department – Private Road Name, Constellation Lane, Hubbards. 9.2 Request for Decision prepared April 2022 – Community Development & Recreation Department – Private Road Name, Willow Bay Lane, Blandford. 9.3 Request for Decision prepared May 3, 2022 – Community Development & Recreation Department – Appointment of Building Official. 9.4 Request for Decision prepared May 4, 2022 – Corporate & Strategic Management Committee – Resolutions for Provincial Capital Assistance Program (PCAP) ($25,000) and Flood Risk Infrastructure Investment Program (FRIIP) ($44,250). 9.5 Council District Grant Requests: a. All Districts - Forest Heights Community School - $2,100 = $300 from each district (Prom 2022). b. District 2 – Hubbards Area Lions Club - $2,000 (septic system repairs). c. District 2 – Through The Years Day Care & Community Centre - $4,000 (heat pumps). d. District 3 – Chester Municipal Heritage Society - $3,000 (July 1 and & Celebrations – Canada Day and Garden Party.) e. District 7 - Forties Community Centre - $500 (Oktoberfest). 9.6 Request for Decision – Infrastructure & Operations – Sidewalk Design Award Request for Proposals MODC-T-2022-007. 10. IN CAMERA 11. ADJOURNMENT Page 3 of 3 APPOINTMENTS 9:00 a.m. Blake McNeely, Coastal Action – Presentation of Water Quality Monitoring Reports. NOTE: Develop NS to meet with Council following the meeting. 181 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of COUNCIL MEETING Livestreamed via YouTube from 151 King Street, Chester On Thursday, April 28, 2022 MEETING CALLED TO ORDER Webber called the meeting to order at 8:48 a.m. Present: District 1 – Councillor Veinotte District 5 – Councillor Assaff District 2 – Deputy Warden Shatford District 6 – Councillor Connors District 3 – Councillor Wells District 7 – Councillor Church District 4 – Warden Webber Staff: Dan McDougall, CAO Tara Maguire, Deputy CAO Pamela Myra, Municipal Clerk Chad Haughn, Director of Community Development & Recreation Matthew Blair, Director of Infrastructure & Operations Solicitor: Samuel Lamey, Municipal Solicitor Warden Webber noted that due to technical difficulties (audio is not working), we are unable to livestream the meeting this morning. APPROVAL OF AGENDA/ORDER OF BUSINESS Additions:  Community Trails Program – Councillor Connors.  Sailing Club – Deputy Warden Shatford. 2022-165 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford the agenda and order of business for the April 28, 2022, Council meeting be approved as amended. ALL IN FAVOUR. MOTION CARRIED. PUBLIC INPUT There was no public input. Council (continued) April 28, 2022 182 MINUTES OF PREVIOUS MEETING 4.1 Council – March 14, 2022. 2022-166 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the minutes of the March 14, 2022 Council Meeting be approved. ALL IN FAVOUR. MOTION CARRIED. 4.2 Public Hearing – April 21, 2022. 2022-167 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford that the minutes of the April 21, 2022 Public Hearing be approved. ALL IN FAVOUR. MOTION CARRIED. COMMITTEE REPORTS 5.1 Committee of the Whole – April 21, 2022 – Warden Webber. 2022-168 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the following recommendations from the April 21, 2022 Committee of the Whole meeting be approved: 2022-160 – “… direct staff to obtain purple lighting if possible and light the Municipal Building in purple lighting on May 12 in recognition of the 5% of Canadians living fibromyalgia.” 2022-161 – “… cancel the May 5, 2022 Committee of the Whole Meeting as some members of Council will be attending a conference. ALL IN FAVOUR. MOTION CARRIED. PUBLIC PRESENTATIONS 6.1 Volunteer Presentations. Chad Haughn, Director of Community Development & Recreation gave a brief description of the Volunteers. Council (continued) April 28, 2022 183 Barbara Zwicker – Nominated by Lighthouse Food Bank - Barb has been a volunteer at the Lighthouse Food Bank for the last 8 years. Barb is loyal, hardworking, reliable, and up to any task. She is a great person overall! Over the last 8 years, Barb has coordinated our Christmas Hamper program. Due to Barb’s leadership, this program provided 98 Christmas Hampers to families in need in 2021. She procured all the groceries, managed several other volunteers with packing and sorting and led everyone on distribution day. Distribution day went off without a hitch and all our clients were very impressed and thankful. Barb is also a board member and works monthly to help those in need. Barb’s volunteerism has directly helped those in need in our community. The Food Banks’s catchment area includes all the Municipality of Chester, as well as the Tancook Islands – so one can see the impact of Barb’s dedication and desire to help others with her time and abilities. Nateleen Zinck – Nominated by Starfish Reunite - Nateleen is co-chair for the Starfish Reunite Project that is bringing the remaining members of the Alouch Family to Canada. As co-chair, Nateleen spends countless hours organizing all the events that the Committee puts together to support the cause. Nateleen is a strong leader that never hesitates to do whatever is needed to support everyone. Nateleen also supports the members of the family that are in Canada. She tutors the children, gives economic guidance to all the family members, provides emotional support and guidance. She is also in contact with the family members in Turkey to help with the complicated application process. Nateleen has been integral in the transition of the Alouch Family to Canada. She is involved in all aspects of the family becoming an important citizen in the Municipality of Chester. With her guidance, the Alouch Family members can be seen at the local farm markets, soccer fields, churches, community events, etc. The Alouch Family are becoming valuable community members. Rick Parker – Nominated by Hubbards Area Lions Club - Rick’s attributes include being an executive member of the Hubbards Area Lions Club where he spends many hours serving his community in addition to his work at IBM, where he is also busy with volunteer work. These endeavors include mentoring students at three Provincial High Schools through the Provincial P-Tech Program: Pathways in technology known locally as TAP (Technology Advantage Program) allowing disadvantaged students access to higher learning. He’s also Council (continued) April 28, 2022 184 involved with the United Way Days of Caring including such past programs as Veith House, Margarite Centre & Urban Farm. Rick also works with IBM’s employee engagement committee. Past programs have included introducing therapy dogs for IBM employees and coordinating employee events. “If you want to touch the past, touch a rock. If you want to touch the present, touch a flower. If you want to touch the future, touch a life.” – AUTHOR UNKNOWN. Rick continues to touch the lives of so many in his own community of Hubbards and beyond. His dedication and support to the Lions Club has been outstanding, affecting many people from all walks of life. We love you Rick and are so proud of you. Warden Webber thanked each Volunteer for their dedication to their communities and the Municipality. MATTERS ARISING 7.1 Request for Decision prepared April 19, 2022 – Corporate & Strategic Management Department – Expense Policy. Present was Jonathan Meakin, Strategic Initiatives Coordinator, to outline the information included in the Request for Decision prepared April 19, 2022 regarding the proposed Expense Policy. Information in the policy addresses requirements in the Municipal Government Act as well as the Financial Reporting and Accounting Manual (FRAM). There are a number of things that staff are currently doing that will be included in the policy which will apply to both Councillors and Staff. He outlined the following and discussion was held on:  Travel advances. No objection.  Per diem meals – after a lengthy discussion it was agreed to require receipts and not provide per diem rates.  Signing officers.  No alcohol (refer to Hospitality Policy).  Some policies will need to be repealed, i.e., Policy P-22 Petty Cash and Section 6 of the Personnel Policy P-55 regarding Travel Expense and Meal Allowance. Council (continued) April 28, 2022 185 2022-169 MOVED by Councillor Assaff, SECONDED by Councillor Church that Council give notice of Intention to:  Adopt the Draft Policy P-95 Expense Policy as presented with the removal of per diem rates; and  Repeal Section 6 of the Personnel Policy P-55 – Travel Expense and Meal Allowance Policy; and  Repeal Policy P-22 Petty Cash Fund. ALL IN FAVOUR. MOTION CARRIED. 7.2 Request for Decision prepared April 7, 2022 – Corporate & Strategic Management Department – Events Levy Promotion. Erin Lowe, Senior Economic Development Officer, was present to review the Request for Decision prepared April 7, 2022 regarding Events Levy Promotion. The Senior Economic Development Officer outlined the current situation as well as the background, which began in 2017 with the Municipality of Chester, the Municipality of the District of Lunenburg, the Town of Bridgewater, and the Town of Mahone Bay initiating the development of an events/hotel room night levy, termed the Lunenburg County Events Promotion Levy. The Town of Lunenburg was invited to participate in 2018 but elected not to at that time. Originally, staff presented the proposed levy to industry as a traditional tourism marketing levy where monies raised would be put towards marketing Lunenburg County as a tourist destination including events attraction. Feedback received from industry at that time was that South Shore Tourism Cooperative already provided tourism marketing for the region and that it was felt a tourism marketing levy would be a duplication of effort. Feedback received indicated a focus on the attraction and delivery of mid to large scale events to increase room night stays in Lunenburg County especially in winter and the shoulder seasons was a better use of the funds. She outlined the proposed model which included a flat rate of $2.00 per room per night of roofed accommodations with 20 rooms or more. It was suggested that the Town of Lunenburg be asked again if they wish to participate. The potential revenue and benefits were outlined as noted in the information. The recommendation of staff is to support the request for legislation. Council (continued) April 28, 2022 186 Councillor Connors asked what formula would be used for four units rather than the usual five unit model and the Senior Development Officer indicated that has not yet been determined but expects it could be similar to the commercial/residential split, similar to the REN model. It was noted that, at this time the request is to get the province to adopt legislation so that it could be done, and the revenue split can be determined later. Councillor Wells also indicated that it should be considered later whether the funding for the employee should come from the levy or be subsidized. 2022-170 MOVED by Councillor Veinotte, SECONDED by Councillor Wells that Council approve the support of enabling provincial legislation for the establishment of an events levy in Lunenburg County, termed the Lunenburg County Events Promotion Levy as per the letter received from the Town of Bridgewater dated March 28, 2022. ALL IN FAVOUR. MOTION CARRIED. PUBLIC PRESENTATIONS (continued) 6.2 MLA Danielle Barkhouse was present to review matters of concern with Council. MLA Barkhouse updated Council on some recent advancements by the Province, noting that the budget was passed along with 30 bills. She also noted that she can see some benefit to the Municipality of Chester, i.e., New Ross affordable housing, 49’ers Sailing Event, Chester Playhouse, Shoreham, etc. Ms. Barkhouse also briefed Council on some of the following matters:  The Province’s five-year road plan - there have been a number of adjustments in dates and/or scope, or projects have been removed from the plan until a later date due to the increase in pricing.  She also noted that she will be holding an evening meeting for Blandford residents in the near future to update them on the Tancook Ferry move to Blandford.  Funding for Fire Departments in the amount of $10,000 each for equipment needed. A brief discussion was held on the decline of fire fighting by Lands and Forests, which Fire Departments are now having to fight. She suggested letters and lobbying to reinstate this to Lands and Forests. Councillor Church expressed her concern at the removal of Councillor Veinotte asked about paved shoulders on Highway 329 – considered the Blue Route. A letter was sent to the Minister and the Minister responded indicating that would not happen. The road is well used by cyclists, and it is felt that it will only be a matter of time Council (continued) April 28, 2022 187 before someone is injured. MLA Barkhouse indicated that she is continuing to work with the NS Department of Public Works on this matter and felt that something would happen as the Minister is on board with continuing to have Blue Routes done. Councillor Connors thanked MLA Barkhouse for her staffs’ assistance as well as her own. She also thanked her for her help with the New Ross Housing Project. She also noted that while MLA Barkhouse was a member of Council, she advocated for J Class Roads and is hoping that she is still carrying that message to the Province. MLA Barkhouse indicated that she is still advocating for J Class Roads but did note that at this time they are not a priority of the Province. Councillor Connors also asked if there was any discussion on the CAP by the province and potential removal. She has heard nothing, which makes her nervous. Her community has asked where things are with the CAP as it is a concern. MLA Barkhouse commented that the CAP is the right idea, but the wrong tool. Discussions have been held in camera, so she is not able to say too much. There are some who understand, and others who fear removal. Her opinion is to start an educational program so people know what the CAP is, i.e., pros and cons. Councillor Connors clarified the guardrail to Council – it is the guardrail from the New Ross School Area to Vittles and the request was brought up by the Councillor prior to her. If there is a ribbon cutting for the guardrail she will be there. Councillor Connors also noted that she was behind Councillor Church’s concern about the Lands and Forests fire brigade. It has been discussed at the Lunenburg East Committee (fire departments) as they know the issue and she felt that Council should discuss further and write a letter. Councillor Veinotte raised the lack of funding for J Class Roads, i.e., $2 Million for all J Class Roads in the province is not sufficient. Based on today’s numbers, it would be 135 years before a road would be considered again. He hoped that she could raise awareness for this with the Province. MLA Barkhouse commented that not everyone understands J Class Road, particularly if they don’t have any in their area. She will continue to lobby for J Class Road funding. Deputy Warden Shatford noted that he appreciated the updates but was not happy to hear that Fox Point Beach was removed. When there are storms, the rocks are washed over the road and parking lot. He recently spent four hours raking rocks. If they would also clear the parking lot, it would make a huge difference to the volunteers. He noted that the parking lot Council (continued) April 28, 2022 188 area is used daily – summer and winter. He asked if the Lighthouse Road mentioned was in his district and MLA Barkhouse indicated that it was on the books to be repaired. Deputy Warden Shatford also raised the Blue Route issue, commenting that the previous two MLAs also worked on that issue. It is a real concern because of turns in the road and the number of bicycles that use the road. Use is increasing and the potential for danger will get worse. MLA Barkhouse encouraged Council to continue to send letters on the issue. People are respectful of bicycles but, with the nature of the road, that there is potential for a fatality. She also noted that the new Regional Director is a cyclist and intends to cycle the Aspotogan Loop this summer – she will discuss with him after that. Councillor Wells referred to the Provincial Budget – some good things but some not so good. He asked what the affordable housing piece will be of benefit to this Municipality. MLA Barkhouse noted that she doesn’t have all the answers, but municipalities can partner with developers, etc. and would be happy to provide more detail via email to all Council. Councillor Wells indicated that this Municipality is looking for funding and we have submitted an application for wastewater. He asked if she was aware of our application and MLA Barkhouse indicated that she is and has lobbied Minister Lohr (in camera) and is pushing very hard to get it approved. Councillor Wells indicated that housing is a big issue - but we need infrastructure and MLA Barkhouse commented on what was needed for development, particularly in relation to amenities. Councillor Wells also asked MLA Barkhouse about the decision on non-resident tax. He knows she has heard from many people, but some still don’t understand that municipalities are not imposing the tax and that it is a provincial initiative. He asked what she was doing to support those who are being hit with the tax. MLA Barkhouse indicated that she has been bringing issues and alternatives to the table with respect to this initiative. She knows the impact it will have and coming from this Municipality she may see it differently than others. She has been lobbying at the table and indicated that although she does not have the power to have this removed, she will be working with the Premier and Finance Minister on the regulations, where the amount will be implemented. She feels that $2 is too much. It was also noted that there could be exemptions and she is hoping to be part of the committee that will establish those regulations. Council (continued) April 28, 2022 189 Councillor Wells also commented that he felt the information the Province is asking for is intrusive – people can’t buy a property without giving their social insurance number. He felt that they are treating people terribly. He hoped to work together on the regulations and exemptions. MLA Barkhouse commented that the Municipality wrote a good letter and noted that she believes the Premier when he said that the regulations will be tweaked and there will be exemptions. She also noted that she watched all of Law Amendments and was very proud of those from Chester who spoke. She also noted that she has some thoughts on how to fix affordable housing. Councillor Assaff noted it was good to see stakes in the ground for the paving from Chester Basin to Oak Island Resort and Spa. He noted that the Municipality did write a letter requesting that the paving be extended to Martins River when this portion was being done. He also asked if it was possible to have Public Works check Crandall Point Road, there is filming being done there and there may be some mention about the state of the road on the show. MLA Barkhouse encouraged people to send letters and provide information so that she can use as information for these issues. MLA Barkhouse commented that the Department of Public Works will be doing year round brush cutting as pre-emptive planning. MLA Barkhouse thanked Council for their input and continued support since her election. She will be pushing as hard as she can. She acknowledged that she is learning as she goes along and picking up mentors. If she doesn’t know something, she knows enough to ask for information. Warden Webber thanked MLA Barkhouse for her attendance at the meeting. A break was held from 10:26 a.m. to 10:36 a.m. 7.3 Request for Decision Prepared April 19, 2022 – Corporate & Strategic Management Department – Outdoor Dining Area By-Law. Erin Lowe, Senior Economic Development Officer, was present to review information included in the Request for Decision Prepared April 19, 2022 regarding an Outdoor Dining Area By-Law. Council (continued) April 28, 2022 190 She outlined the process to date, working with the NS Department of Public Works and business owners as well as the public consultation that was included in the traffic study which also included concerns around accessibility, safety, etc. There was concern that with the required jersey barriers (or alternative) there wouldn’t be much room to have a sidewalk dining area in locations within the Village. Also discussed was the requirement to provide alternate parking spaces. The NS Department of Public Works indicated that individual approval is required so that it will be consistent for every business. It was noted that the current draft includes the minimums of the Province. As well, the businesses who did have sidewalk dining last year have been provided with a copy of the by- law and know what is included. It was clarified that private businesses are not permitted to advertise in public space, i.e., umbrellas with advertising logo – the intent is extra dining space, not extra advertising. Councillor Wells commented on concern about the amount of illegal signage and the Development Officer agreed, however, it is a time/resource issue. Some pictures of last year’s outdoor dining locations were shown so that staff could outline what would be required, noting that the Province must approve the application and what is to be put in place by the businesses, i.e., level walkways, jersey (or permanent) barriers (not rope). There are also accessibility requirements. The Deputy CAO indicated that the information will be changed as discussed. 7.4 Request for Decision prepared April 2022 – Infrastructure & Operations Department - Speed Radar Signs. Matthew Blair, Director of Infrastructure & Operations outlined information included in the Request for Decision prepared April 2022 regarding Speed Radar Signs. The options are for solar or wired units, depending on the location to be determined by Councillors and approved by the NS Department of Public Works. 2022-171 MOVED by Councillor Assaff, SECONDED by Councillor Veinotte that Council approve the following: Council (continued) April 28, 2022 191  Agree on the speed radar sign specifications for inclusion in a Request for Proposal (as outlined in the April 2022 Request for Decision – Speed Radar Signs); and  Councillors advise administration on the desired locations within their districts, subject to NS Department of Public Works approval. DISCUSSION:  Deputy Warden Shatford indicated that this was raised at the recent RCMP Advisory Board meeting, and they were happy to hear about this and the RCMP is willing to assist. ALL IN FAVOUR. MOTION CARRIED. CORRESPONDENCE There were no items of correspondence for review. NEW BUSINESS 9.1 Request for Decision prepared April 2022 – Corporate & Strategic Management Department – Procedures of Council Policy. Tara Maguire, Deputy CAO reviewed the information included in the Request for Decision prepared April 2022 regarding a Procedures of Council Policy. The Municipal Government Act outlines what should be contained. She outlined the changes to make it gender neutral, changing “chair” to “presiding officer” which covers most committees, requirement for video conferencing and allowing virtual attendance, and when emergency meetings can be held. Discussed was concern that a new Councillor would attend only virtually (there is a limit of the number of times that can take place). Allowing for special circumstances is to be added. 2022-172 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that Council:  Conduct First Reading to repeal By-Law #79 Rules Governing Proceedings of Council and refer to Second Reading following required advertisement;  Give First Notice to repeal Policy P-10 Regular Council Meetings; and  Give First Notice to adopt Policy P-109 Council & Committee Procedural Policy and refer to Second Notice. DISCUSSION  Councillor Veinotte indicated that we have had had some discussions with regarding to changing the meeting format; does that impact this format? We may want to Council (continued) April 28, 2022 192 move to a Council/Council/ and monthly policy strategy meeting instead of Committee of the Whole.  The Deputy CAO indicated that the policy is silent on Committee of the Whole meetings; all this refers to is the two regular meetings of Council.  Councillor Veinotte asked if it could be discussed at a later date, and it was agreed to do so. ALL IN FAVOUR. MOTION CARRIED. Deputy Warden Shatford asked about a Code of Conduct Policy, and it was noted that the province had supplied a model, however, a new model is being considered at the Association of Municipal Administrators level. The Deputy CAO indicated that she would bring back a sample for review. 9.3 Community Trails – Councillor Connors. Councillor Connors noted that the semi-annual deadline for Council grants is May 31. She will be attending the AGM of the New Ross Trails Society soon and this will come up for discussion. She is not sure if she should encourage them to submit an application; she knows Council will be holding a workshop but unsure when that will take place. It was agreed that the group should submit an application. 9.4 Sailing Club – Deputy Warden Shatford. Deputy Warden Shatford thanked Council for supporting the upcoming sailing event that will take place in August/September. He outlined the number of boats, volunteers, equipment, etc. that will be used for the event. He also noted that they are still looking for volunteers to fill the 15 Committees. As well, they are looking for places to stay. He will send out information to Councillors. IN CAMERA 10.1 In Camera as per Section 22(2)(a) – Acquisition, sale, lease, and security of municipal property – Whalen Lake. 10.2 In Camera as per Section 22(2)(a) – Acquisition, sale, lease, and security of municipal property – Marriotts Cove. Council (continued) April 28, 2022 193 2022-173 MOVED by Councillor Church SECONDED by Deputy Warden Shatford the meeting convene “In Camera to discuss:  In Camera as per Section 22(2)(a) – Acquisition, sale, lease, and security of municipal property – Whalen Lake.  In Camera as per Section 22(2)(a) – Acquisition, sale, lease, and security of municipal property – Marriotts Cove. ALL IN FAVOUR. MOTION CARRIED. Following a meeting held “In Camera” the meeting reconvened with all members present. 2022-174 MOVED by Councillor Veinotte, SECONDED by Councillor Assaff that Council direct staff to sell remaining lots owned by the Municipality, located at Whalen Lake, by tender. ALL IN FAVOUR. MOTION CARRIED. ADJOURNMENT 2022-175 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church the meeting adjourn. (11:24 a.m.) ___________________________ ___________________________ Allen Webber Pamela Myra Warden Municipal Clerk 203 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of COUNCIL MEETING Livestreamed via YouTube from 151 King Street, Chester On Monday, May 9, 2022 MEETING CALLED TO ORDER Webber called the meeting to order at 4:36 p.m. Present: District 1 – Councillor Veinotte District 5 – Councillor Assaff District 2 – Deputy Warden Shatford District 6 – Councillor Connors District 3 – Councillor Wells District 7 – Councillor Church District 4 – Warden Webber Staff: Tara Maguire, Deputy CAO Pamela Myra, Municipal Clerk Chad Haughn, Director of Community Development & Recreation Gord Tate, Active Living Coordinator Erin Lowe, Senior Economic Development Officer Solicitor: Samuel Lamey, Municipal Solicitor Regrets: Dan McDougall, CAO APPROVAL OF AGENDA/ORDER OF BUSINESS 2022-181 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff the agenda and order of business for the May 9, 2022, 2022, Council meeting be approved as circulated. ALL IN FAVOUR. MOTION CARRIED. PUBLIC INPUT There was no public input. MATTERS ARISING Council (continued) May 9, 2022 204 4.1 Request for Decision prepared May 5, 2022 – Corporate & Strategic Management – Outdoor Dining By-Law. Erin Lowe, Senior Economic Development Officer reviewed the amendments suggested by Council at the April 28, 2022 Council meeting (highlighted in red in the document provided). The following items were reviewed:  Clause added by legal suggestion with regard to By-Laws outside of existing By-Laws to ensure no conflicts.  Clarification that the use of a deck would be covered under the Land Use By-Law. o Structures fall under the land use by-law, but the activity of outdoor dining would fall under this by-law (use of highway right-of-way).  Clarification that the NS Department of Public Works would not approve any outdoor dining after October 31st. The dates were adjusted to ensure this.  Item 5 k is being removed – it had referred to maximum of 20% of the total parking space of the property.  Section 6 a has been amended to include the clause “as approved by the provincial department responsible for transportation.”  The NS Department of Public Works indicated that there will be a 7.5 m maximum.  The NS Department of Public Works will review each application on a case by case basis.  All NS Department Public Works Directors have been meeting to discuss the sidewalk café matter which seems to be a good signal that they will try to make it work.  Umbrellas and signage advertising – this is a land use matter, and it is to be fair to those businesses who have not chosen to do outdoor dining. Councillors agreed to remove Item 5 h.  The province has reduced the minimum width from 1.8 m to 1.5 m.  Item 5 d refers to approval by NS Department of Public Works – there are also Municipal roads. 2022-182 MOVED by Councillor Wells, SECONDED by Councillor Church that Council Give Notice of Intention to Adopt proposed By-Law #153 Outdoor Dining By-Law to provide for the licensing of outdoor dining areas of appropriate design, configuration, and appearance during the spring, summer, and fall and refer to First Reading. ALL IN FAVOUR. MOTION CARRIED. NEW BUSINESS There was no New Business. Council (continued) May 9, 2022 205 IN CAMERA 2.1 Section 22(2)(a) of the Municipal Government Act – Acquisition, sale, lease, and security of Municipal Property – Marriotts Cove. Erin left. 2.2 Section 22(2)(e) of the Municipal Government Act – Contract Negotiations – Chester Village Commission (Fire Services Contract). 2022-183 MOVED by Councillor Wells SECONDED by Councillor Church the meeting convene “In Camera to discuss:  Section 22(2)(a) of the Municipal Government Act – Acquisition, sale, lease, and security of Municipal Property – Marriotts Cove.  Section 22(2)(e) of the Municipal Government Act – Contract Negotiations – Chester Village Commission (Fire Services Contract). ALL IN FAVOUR. MOTION CARRIED. Following a meeting held “In Camera” the meeting reconvened with all members present. ADJOURNMENT 2022-184 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church the meeting adjourn. (5:12 p.m.) ___________________________ ___________________________ Allen Webber Pamela Myra Warden Municipal Clerk Council (continued) May 9, 2022 206 THIS PAGE INTENTIONALLY LEFT BLANK MOTIONS FOR COUNCIL APPROVAL FROM EQUITY, DIVERSITY, AND INCLUSION COMMITTEE APRIL 26, 2022 2022-176 APPROVAL OF APRIL 26, 2022 AGENDA 2022-177 APPROVAL OF FEBRUARY 22, 2022 MINUTES 2022-178 $2,000 FOR ART PROJECT FOR STUDENTS MOVED by Lorraine Burch, SECONDED by Joud Alouch that the Equity, Diversity, and Inclusion Committee recommend to Council to consider the request of a maximum of $2,000 to fund an art project within the Municipality of Chester Schools that will encourage students to acknowledge people of other countries through flags with the purchase of materials dependent on an approved materials list. ALL IN FAVOUR. MOTION CARRIED. 2022-179 AMENDMENT TO FLAG RAISING & PROTOCOL POLICY MOVED by David Broome, SECONDED by Carol Millett that the Equity, Diversity, & Inclusion Committee recommend to Council to consider and give notice to amend the Flag Raising and Protocol Policy P-102 to allow for 1) multiple applications to fly the same flag per year; and 2) provide a pre-approved list of flags that would not require an annual application to raise. ALL IN FAVOUR. MOTION CARRIED. 2022-180 ADJOURNMENT THE st IfNh EPAC.JTV OF CHESTER M NICIPALITY OF THE DISTRICT OF CHESTER: COMMEMORATIVE FLAG RAISING APPLICATION Please review the Flag Raising and Protocol Policy P-103, specifically section 3.03 Special Purpose Flags, for further details. Et...E. <.. Applications are to be submitted a minimum of one month prior to the dates the grouopr n ibycip 1 to 151 cipates having the flag flown. Submissions can be sent electronically to ` _ 6' King Street, Chester, NS, B0J-1J0 Attention: Emily Lennox. All applications must be reviewed by Council for approval. Mailing Address: Email Address: Phone Number: Date Request was Submitted: Flag description (Please attach clear image/photo): Relevance of flag to the Municipality of the District of Chester: Requested date(s) for flying the flag: I understand and accept that the flag and all necessary ropes/attachments will be provided by the applicant and or their organization. Municipal staff will raise and lower the flag in accordance with the terms of the permissions granted. tuaen\--),:kce;). C-ic\.,c CI C. c/ oa - \2 2zk \nc\v,,,o(\, r7\vim>>� , cep - 1('.0\;re N\c'f \\• ('C Signature: For any additional questions or concerns, please contact the Executive Secretary a � REQUEST FOR DECISION REPORT TO: Municipal Council MEETING DATE: May 12, 2022 DEPARTMENT: Community Development & Recreation SUBJECT: Receive 2021 Fox Point Lake Water Quality Monitoring Report & Consider 2022 Monitoring Program Budget ORIGIN: 2021-202 Date: April 21, 2022 Prepared by: Garth Sturtevant, Senior Planner Date: Reviewed by: Date: April 25, 2022 Authorized by: Dan McDougall, CAO RECOMMENDED MOTION For discussion and consideration. CURRENT SITUATION Beginning in 2015, Municipal Council approved a Water Quality Monitoring Program for Fox Point Lake. Each year a report is presented to Council to outline the findings from the previous season’s sampling. Council then considers the budget for the coming year and whether to continue funding the program. Coastal Action has completed and submitted the 2021 Monitoring Report (Appendix A). The Fox Point Lake Water Quality Monitoring Committee met on April 6, 2022. Blake McNeely of Coastal Action presented the findings of the report and answered questions from Committee members. Following discussion, the Committee passed the following motion: MOTION: It was MOVED by Kathy Gamache, SECONDED by John McNeil, that the Committee accept the 2021 Monitoring Report and recommend that Council accept the Report, share copies with Nova Scotia Environment and post it to the Municipal Website. In addition, the Committee recommends Municipal Council approve the continuation of the monitoring program for 2022, pending review and approval of a revised budget from Coastal Action, with the intent to limit any increased costs to solely that of increase in laboratory fees. CARRIED. BACKGROUND Municipal Council created the Fox Point Lake Water Quality Monitoring Committee in response to concerns expressed during public discussions about a golf course and proposed residential development near Fox Point Lake. The Committee is comprised of representatives from Municipal Council, the Municipal Planning Advisory Committee, the Aspotogan Heritage Trust, Fox Point Lake Property Owners Association, a representative for the Developer of Aspotogan Ridge and a subject matter expert related to water quality. DISCUSSION This year Coastal Action was asked to wait until the Committee had met before submitting a proposed 2022 budget. The reasoning was to allow discussion at the Committee to occur freely without directly referring to the proposed budget. It was expressed that there may be a point when the Municipality would no longer be willing R e q u e s t f o r D e c i s i o n P a g e | 2 to financially support the program or when the funding model would need to change. Following discussion, the Committee agreed that if the budget could be maintained at or below last year’s cost, the 2021 program was approved in the amount of $14,495.58, then the program should continue. The Committee believes there is a desire and need to continue monitoring efforts on the lake. Coastal Action has provided a proposed budget (Appendix B) to continue the monitoring program for the 2022 season for a total cost of $12,891.20. This budget includes monthly sampling as has been done in previous years. This budget will allow the continuation of the monitoring program without increasing costs. Coastal Action staff will work with volunteers from the Fox Point Lake Homeowners Association to coordinate bi-weekly YSI data at no additional cost to the program. The addition of this bi-weekly testing was desirable to Committee members but would have resulted in increased cost to the program if the work was done by Coastal Action staff. Through discussion it was agreed that if volunteers could carry-out this work, that may be the best option for this season. OPTIONS Council is being asked to provide direction on the following two items: 2021 Water Quality Monitoring Report: 1. That Municipal Council accept the 2021 Fox Point Lake Water Quality Report, direct staff to share the report with Nova Scotia Environment and post the report to the Municipal Website. 2. That Municipal Council does not accept the 2021 Fox Point Lake Water Quality Report, pending changes or further information. The report will not be posted to the Municipal website or shared with Nova Scotia Environment until it is accepted by Council. 3. Other (please specify). 2022 Fox Point Lake Water Quality Monitoring Program Budget 1. That Municipal Council approves the continuation of the Fox Point Lake Water Quality Monitoring Program for the 2022 season by accepting the budget proposed by Coastal Action, as detailed in Appendix B, for a total of $12,891.20. 2. That Municipal Council does not approve the continuation of the Fox Point Lake Water Quality Monitoring Program for the 2022 season. 3. That Municipal Council is not prepared to accept the proposed budget for the 2022 Monitoring Program at this time and requests changes to be presented at a future meeting for consideration. IMPLICATIONS By-Law/Policy MPS Policy E-6: Council may work with developers and other local partners to implement ongoing water quality monitoring projects, where deemed necessary. Financial/budgetary The costs to continue the program for the 2022 season are attached as Appendix B. The cost of the program is considered once per year and a motion of Council is required each year to continue funding the program. Environmental This program was designed to monitor and potentially identify sources of pollution as initially reported by property owners on the lake. Approval of the 2022 monitoring program will continue gathering R e q u e s t f o r D e c i s i o n P a g e | 3 Strategic Priorities The continuation of the Fox Point Lake Water Quality Monitoring Program will assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Environmental Stewardship  Support environmental conservation & protection initiatives and efforts to tackle the impact of climate change. Work Program Implications Staff coordination of this activity is required. The Senior Planner provides support relating to organizing meetings, keeping minutes, preparing Council Reports and other duties as required. The Committee is prepared to oversee a monitoring program for 2022 subject to budget approval. Has Legal review been completed? ___ Yes _ _ No X N/A COMMUNICATIONS (INTERNAL/EXTERNAL) N/A ATTACHMENTS Appendix A – 2021 Fox Point Lake Water Quality Report Appendix B – 2022 Fox Point Lake Budget – Coastal Action Fox Point Lake 2021 Water Quality Monitoring Report March 2022 Prepared for: Municipality of Chester Fox Point Lake Water Quality Monitoring Committee Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 2 Fox Point Lake 2021 Water Quality Monitoring Report Contributing Authors Blake McNeely, Watersheds & Water Quality Team Lead (Coastal Action) March 2022 Coastal Action 45 School Street, Suite 403 Mahone Bay, N.S., B0J 2E0 Ph: (902) 634-9977 Email: info@coastalaction.org This work was supported by: Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 3 Contents List of Figures .................................................................................................................................. 4 List of Tables ................................................................................................................................... 6 1. Introduction ............................................................................................................................. 7 1.1. Fox Point Lake Background .............................................................................................. 7 1.2. Program Background ........................................................................................................ 8 1.3. Review of the 2020 Fox Point Lake Water Quality Monitoring Report ........................... 8 2. 2021 Water Quality Monitoring Results ................................................................................ 10 2.1. Water Sampling .............................................................................................................. 10 2.1.1. Physical Water Quality Parameters ........................................................................ 10 2.1.2. Chemical Water Quality Parameters ...................................................................... 20 2.1.3. Biological Water Quality Parameters ...................................................................... 23 2.2. Sediment Sampling ......................................................................................................... 25 2.2.1. Metals ..................................................................................................................... 26 2.2.2. Sediment Phosphorus and Orthophosphate .......................................................... 29 2.3. Additional Monitoring Parameters ................................................................................ 30 2.3.1. Rainfall .................................................................................................................... 30 2.3.2. Lake Level ................................................................................................................ 30 2.3.3. Stream Discharge Rates .......................................................................................... 31 3. Discussion .............................................................................................................................. 33 3.1. Algae Blooms in Fox Point Lake ...................................................................................... 33 3.2. Trophic State of Fox Point Lake ...................................................................................... 33 3.3. Potential for Nutrient Enrichment of Fox Point Lake ..................................................... 36 4. Review of FPL Water Quality from 2015 to 2021 .................................................................. 37 4.1 Trends in Water Quality Parameters .................................................................................. 37 4.2 Trends by Site ...................................................................................................................... 39 5. Recommendations ................................................................................................................. 40 6. References ............................................................................................................................. 41 Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 4 List of Figures Figure 1 Drainage basin and sampling sites of Fox Point Lake. ...................................................... 7 Figure 2. Phycocyanin (RFU) levels from the 2021 monthly YSI readings. ................................... 10 Figure 3. Chlorophyll-α (RFU) levels from the 2021 monthly YSI readings. ................................. 11 Figure 4. Cyanobacteria cells per mL from the 2021 monthly YSI readings. ................................ 11 Figure 5. Cyanobacteria cells per mL from the 2021 monthly depth profiles at Lake site........... 12 Figure 6. Chlorophyll-a (RFU) levels from the 2021 monthly depth profiles at the Lake site. ..... 12 Figure 7. Annual average water temperatures at all sites from 2015-2021. Red line indicates 20- degree threshold for cold-water fish species. .............................................................................. 13 Figure 8. July and August average water temperatures at all sites from 2015 -2021. Red line indicates 20-degree threshold for cold-water fish species. ......................................................... 13 Figure 9. Monthly water temperature depth profiles at the Lake site from 2015 -2021. ............ 15 Figure 10. Annual average dissolved oxygen (mg/L) at all sites from 2015-2021. Red line indicates 6.5 mg/L minimum for aquatic species set by CCME. ................................................... 16 Figure 11. Dissolved oxygen (mg/L) depth profiles at Lake site from 2015-2021. ....................... 18 Figure 12. Annual average pH at all sites from 2015-2021. Red line indicates 6.5 pH minimum for aquatic species set by CCME. .................................................................................................. 19 Figure 13. Annual average Total Dissolved Solids (mg/L) at all sites from 2015-2021................. 20 Figure 14. Annual average Total Suspended Solids (mg/L) at all sites from 2015-2021. ............. 21 Figure 15. Annual Average Phosphorus (mg/L) at all sites from 2015-2021. The solid red line indicates the ≤ 0.03 mg/L MOECC guideline for streams and rivers, and the dotted red line indicates ≤ 0.02 mg/L MOECC guideline for lakes. ....................................................................... 22 Figure 16. Annual average total nitrogen (mg/L) at all sites from 2015 -2021. Red line indicates 0.9 mg/L guideline from Dodds and Welch (2000). ...................................................................... 22 Figure 17. Annual average Fecal Coliform at all sites from 2015-2018. ....................................... 23 Figure 18. Annual average E. coli at all sites from 2019-2021. Red line indicates the Health Canada primary contact guideline. ............................................................................................... 24 Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 5 Figure 19. Microcystin-LR concentrations in water samples collected during observed algal blooms in FPL. ............................................................................................................................... 25 Figure 20. Phosphorus and orthophosphate concentrations in benthic sediment at Southwest Cove in FPL from 2018-2021. ........................................................................................................ 29 Figure 21. Phosphorus and orthophosphate concentrations in benthic sediment at the South Inlet site from 2018-2021. ............................................................................................................ 29 Figure 22. Rainfall amounts at FPL from 2015 to 2021. ............................................................... 30 Figure 23. Stream discharge rates at FPL from 2015 to 2021. ..................................................... 32 Figure 24. Carlson TSI for FPL in 2021 using the mean Secchi disk depth (transparency), mean chlorophyll α concentration, and mean total phosphorus concentration. (Carlson, 1977) ........ 34 Figure 25. Comparison of FPL TSI scores from 2015 to 2021 and trophic states, using the Carlson (1977) trophic equations for total phosphorus, chlorophyll α, and Secchi disk. ......................... 35 Figure 26. Trophic State Index of FPL from 2015-2021. ............................................................... 36 Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 6 List of Tables Table 1. Concentrations of metals within site sediment samples. Light yellow indicates parameters approaching one of the guidelines, orange indicates an exceedance of ISQG, red indicates an exceedance of either the PEL or NSEQS guidelines.................................................. 26 Table 2. Summary of guideline exceedances of metals in sediment samples from SW Cove and South Inlet sampling locations. Light yellow indicates parameters approaching one of the guidelines, orange indicates an exceedance of the ISQG, and red indicates an exceedance of either the PEL or NSEQS guidelines. ............................................................................................. 28 Table 3. TSI values for the FPL Lake site in 2021 for three parameters. ...................................... 34 Table 4: Nutrient concentrations from surface and depth (below the thermocline) water at the Lake sample site. ........................................................................................................................... 37 Table 5: Nutrient concentrations from the two South Inlet sites following rainfall events in 2019, 2020, and 2021. ............................................................................................................................ 37 Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 7 1. Introduction The following report summarizes the results of the 2021 monitoring period at Fox Point Lake as well as a review of water quality changes at the lake from 2015 to 2021. 1.1. Fox Point Lake Background Fox Point Lake (FPL) is a 1.4 km2 lake located on the Aspotogan Peninsula, within the Municipality of Chester, Nova Scotia (Figure 1). FPL contains 11 small islands and has an average depth of 4.9 m (Beanlands, 1980). The lake drains an area of 8 km2, with two inlet streams – the north and south - and one outlet draining into St. Margaret’s Bay. The northern inlet drains a forested region, crossing a wetland before reaching the lake, while the southern inlet flows through the Aspotogan Golf Course. Residential properties, both year-round and seasonal, line the lake perimeter. Figure 1 Drainage basin and sampling sites of Fox Point Lake. Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 8 1.2. Program Background In 2014, due to concerns from residents about the water quality of FPL, the Municipality of Chester created the Fox Point Lake Water Quality Monitoring Committee (WQMC). The southern end of FPL began suffering significant sedimentation pollution after heavy rainfall events. This sedimentation coincided with the beginning of development at Aspotogan Ridge, a 550-acre community with original development plans for 344 residential units and an 18-hole golf course. The sedimentation events, occurring near the southern inlet which drains from the golf course, raised the concern of citizens for the health of FPL. To monitor the water quality conditions and track changes within the lake, Coastal Action was contracted in 2015 by the Municipality of Chester to join the WQMC and develop and implement a water quality monitoring program. The program involves four sample sites to monitor the water quality incoming, within and exiting the lake (Figure 1). Monitoring activities are conducted by a small group of trained volunteers, with the support of Coastal Action staff. Further details on the program can be found in the Fox Point Lake Water Quality Monitoring Program (2015), and program results are found in the Fox Point Lake Water Quality Monitoring Reports from 2015 to 2020; all are available on request from the Municipality of Chester. 1.3. Review of the 2020 Fox Point Lake Water Quality Monitoring Report From 2015 to 2019, the trophic state of FPL has been oligotrophic - approaching mesotrophic, indicating that the biological productivity of the lake has not changed during this period. However, in 2020 the lake displayed a shift in trophic state and was determined to be mesotrophic. Thermal stratification was observed at the Lake sample site leading to a depletion of oxygen at depth, with concentrations of less than 3 mg/L recorded in the bottom waters of the lake. A water sample was collected during a potential algal bloom in 2020; however, the sample was lost by UPS in transit from BV Labs to their contracted lab. The suspected bloom was associated with a large flock of Canada geese (Branta canadensis); therefore, it is difficult to determine if the water was discoloured due to an algal bloom or geese. Three of the four FPL sites did not exceed phosphorus guidelines in 2020; however, the South Inlet site exceeded the 0.03 mg/L MOECC stream guideline, as it has done from 2015 to 2019. The annual average total phosphorus in 2020 was the lowest of any previous year, at 0.073 mg/L with a low of 0.065 mg/L. It is worth noting that the July sample was lost, and the data was excluded from the annual average. Sediment was sampled at the Southwest Cove and South Inlet sites to test for metal concentrations. At the Southwest Cove site, arsenic, lead, mercury, and selenium were elevated; Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 9 with arsenic, lead, and mercury exceeding ISQG (Interim Sediment Quality Guidelines), and selenium exceeding NS Environment (NSE) guidelines. At the South Inlet sample site, arsenic decreased, exceeding the ISQG guidelines, but not the NSE guidelines. Lead levels decreased and were no longer approaching the ISQG guidelines, while mercury maintained the same concentration as in 2019, exceeding the ISQG guidelines. Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 10 2. 2021 Water Quality Monitoring Results 2.1. Water Sampling 2.1.1. Physical Water Quality Parameters 2.1.1.1. Chlorophyll-a, and Phycocyanin In 2021, a ProDSS Total Algae PC Sensor was purchased by the Municipality of the District of Lunenburg (MODL) to use on the ProDSS YSI unit owned jointly by MOC and MODL. This probe measures concentrations of chlorophyll-α and phycocyanin present in water. Phycocyanin is a pigment found in cyanobacteria, or blue-green algae, and provides an estimate of total cyanobacteria production. Chlorophyll-α is a pigment produced by all types of algae and provides an estimate of total algae production. Collecting this data over multiple seasons will help determine the baseline concentrations of phycocyanin in FPL, which can vary across waterbodies. Long-term monitoring with this probe, paired with the collection of microcystin-LR water samples during blooms, will help to identify spikes in phycocyanin concentrations and build a predictive curve for the relationship between the concentrations of these algal pigments and the occurrence of algal blooms in FPL. Algal concentrations are measured as Relative Fluorescence Units (RFU). These units were converted to the total number of cells (Genzolia and Kann 2016). World Health Organization (WHO) provides two guideline levels, ‘alert level 1’ is reached when 20,000 cells/mL are observed, and ‘alert level 2’ is reached when 100,000 cells/mL are observed. At no point were the WHO guidelines exceeded, nor were they approached. The data was not collected before, during, or immediately after any known algae blooms. Figure 2. Phycocyanin (RFU) levels from the 2021 monthly YSI readings. Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 11 Figure 3. Chlorophyll-α (RFU) levels from the 2021 monthly YSI readings. Figure 4. Cyanobacteria cells per mL from the 2021 monthly YSI readings. Depth profiles display an increase in cyanobacteria cells with depth, except for in October when the lake turned over (Figure 5). This is indicative of algal cells dropping out of the photic zone and getting trapped in the thermocline. Over the years, FPL has displayed microbial decomposition in the thermocline zone with a significant decrease in dissolved oxygen in this part of the water column. Chlorophyll-α concentrations throughout the water column differ from the pattern displayed by cyanobacteria cells, remaining fairly consistent from the top to the bottom. More data is needed in subsequent monitoring years to better understand these changes in algal concentrations during thermal stratification at FPL. 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 June July August September OctoberChlorophyll-α (RFU)Month North Inlet South Inlet Lake Outlet South culvert -500.00 0.00 500.00 1000.00 1500.00 2000.00 2500.00 June July August September OctoberCyanobacteria Cells/mlNorth Inlet South Inlet Lake Outlet South culvert Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 12 Figure 5. Cyanobacteria cells per mL from the 2021 monthly depth profiles at Lake site. Figure 6. Chlorophyll-a (RFU) levels from the 2021 monthly depth profiles at the Lake site. 2.1.1.2. Surface and Depth Profile Water Temperatures Water temperatures are recorded monthly. Average annual temperatures ranged from 9.4°C to 19.5°C (Figure 7). The South Inlet and South Culvert sites are consistently cooler due to the dense forest canopy along this sampling zone. The highest average annual temperature recorded was at the Lake site in 2018. At no point did any of the annual averages exceed the 20oC temperature threshold for cold-water fish species (Nova Scotia Salmon Association [NSSA], 2014). -500.00 0.00 500.00 1000.00 1500.00 2000.00 2500.00 0 2 4 6 8 10 12 14 16 18Cyanobacteria Cells/mlDepth (m) June July August September October 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16Chlorophyll-α(RFU)Depth (m) June July August September October Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 13 Figure 7. Annual average water temperatures at all sites from 2015-2021. Red line indicates 20-degree threshold for cold-water fish species. Average surface water temperatures for July and August exceeded the 20oC threshold for cold- water fish from 2015 to 2021 at the Lake and Outlet sites. The North Inlet site exceeded the same threshold only once in 2020, and the South Inlet did not exceed this threshold. The deeper waters of the lake and deep cold-water pools in the Outlet can provide refuge during the warmest part of the summer. However, in previous years the North Inlet was also a source of cooler water refuge, which might not continue to be the case during the summer months (Figure 8). Figure 8. July and August average water temperatures at all sites from 2015-2021. Red line indicates 20-degree threshold for cold- water fish species. 0.0 5.0 10.0 15.0 20.0 25.0 2014 2015 2016 2017 2018 2019 2020 2021 2022Average Temperature (°C)Year North Inlet South Inlet Lake Outlet South Culvert 0.0 5.0 10.0 15.0 20.0 25.0 2014 2015 2016 2017 2018 2019 2020 2021 2022 Average Temperature(°C) July & AugYear North Inlet South Inlet Lake Outlet Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 14 Depth profiles have been conducted monthly at the Lake site from 2015 to 2021 (Figure 9). Thermal stratification establishes in the lake between June to July, with warmer waters remaining at the surface (epilimnion) and the cooler, more-dense waters settling to the lake bottom (hypolimnion). The thermocline, the depth at which the water temperature rapidly changes, has been consistent each year. The thermocline in June is between 9-10 m depth. The temperature of the top 3 m of the water column in 2021 stayed above the 20°C threshold, while none of the other years saw temperatures above 20°C in June. The top 4 meters of the lake exceeded the 20°C threshold required for cold-water species, in all years of the project. This is problematic given the trend across all years of low dissolved oxygen concentrations available for cold-water fish at depth. September brought some much-needed cooler water temperatures in most years, but surface temperatures in 2015, 2016, and 2018 exceeded the 20°C threshold for cold-water species. Lake turnover in FPL typically occurs between late September to early October. This is a relatively brief window of time when the surface layer becomes colder than the bottom layer and begins to descend, causing a mixing of the entire lake. During this period, parameters are observed to be uniform at all depths. Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 15 Figure 9. Monthly water temperature depth profiles at the Lake site from 2015-2021. Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 16 2.1.1.3. Surface and Depth Profile Dissolved Oxygen Dissolved oxygen (DO) was recorded bi-monthly at all four sites, from 2015 to 2017, and monthly from 2018 to 2021 (Figure 10). The average annual DO ranges from 3.77 mg/L to 9.32 mg/L. Average DO levels were generally lower in the summer months of July and August, which ranged from 0.9 mg/L to 8.81 mg/L. The North Inlet consistently had the lowest DO concentrations, while the highest concentrations were recorded at the Lake site. The low velocity, minimal incline, and wetland drainage conditions of the North Inlet stream are likely factors in the low DO measurements, as these factors limit the water’s ability to engulf oxygen from the air due to the lack of turbulence of the water. DO is a requirement for the survival of aquatic organisms, with a minimum threshold of 6.5 mg/L set by the Canadian Council of Ministers of the Environment (CCME) for cold-water species (CCME, 1999). Surface DO concentrations are not concerning at the Lake and Outlet sites. Low DO concentrations were observed at the South Inlet site in 2016 and 2018. Figure 10. Annual average dissolved oxygen (mg/L) at all sites from 2015-2021. Red line indicates 6.5 mg/L minimum for aquatic species set by CCME. DO was also measured at the Lake site from the surface to the bottom at each meter depth, from 2015 to 2021 (Figure 11). Annual averages were calculated month by month to compare DO levels through the water column. The DO levels below the thermocline in 2021 were outliers from previous years. The DO of all surface readings ranged from 9.04 mg/L to 7.31 mg/L. The DO levels each year, except 2021, followed the same pattern of declining at 3-5 m depth, slightly increasing at 6-8 m depth, then decreasing gradually to the bottom. The DO levels in 2017 followed a similar pattern but decreased more rapidly at 10 m depth, and ended at a lower concentration. 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 2014 2015 2016 2017 2018 2019 2020 2021 2022Average Dissolved Oxygen (mg/L)Year North Inlet South Inlet Lake Outlet South Culvert Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 17 The 6.5 mg/L threshold is crossed every year in August but the depth at which it decreased varied considerably. There is a noticeable trend in the last two years, where DO levels remain high until 8 m depth in 2021, and 10 m depth in 2020. In previous years, DO began to decline at shallower depths. The DO annual averages in September were much less varied than in August. Surface DO levels in August from all years ranged from 7.54 mg/L in 2015 to 9.91 mg/L in 2020. Bottom DO levels for all years ranged from 0.89 mg/L in 2015 and 8.32 mg/L in 2017. The depth at which the thermocline is reached differs year to year. The temperature profiles mirror this sentiment; however, the temperature change vs the DO change is much less drastic. The annual averages in October show data that is to be expected of a lake headed for turnover. The DO levels in 2016, and 2021 remain consistent, top to bottom, with very little change. The lake had yet to turn over in the other years, with the thermocline still being present between 13- 16-m depth. The August profiles display the most challenging conditions that fish in the lake will experience, given the high temperatures throughout the water column coupled with the steep drop in DO at depth. In 2018, water temperature remained above the 20-degree threshold until 6-m depth, but below that depth, DO concentrations are far below the 6.5 mg/L threshold. This leaves no part of the water column that remains above either threshold; however, DO levels return to ~ 5 mg/L at 10-12 m depth. In 2019, water temperatures exceed the 20°C threshold until 4-m depth and DO levels decrease below 6.5 mg/L at that depth. In 2020, the temperature stayed at 22.6°C until 11 m depth, at which point the DO levels had dropped to 4.52 mg/L. In 2021, the temperature hovered around 20°C until 9-m depth. There was a sharp drop in DO from 7.41 mg/L to 4.52 mg/L at this depth. While not ideal conditions, the top layers of the lake would have been easier on the local fish species than in previous years. Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 18 Figure 11. Dissolved oxygen (mg/L) depth profiles at Lake site from 2015-2021. Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 19 2.1.1.4. pH pH, a measurement of the acidity of a liquid, was measured monthly at all sites from 2015 to 2021. Although the pH measurements for most annual averages fell below the 6.5-pH threshold set by the CCME (CCME, 2002), the acidity of the FPL waters is not a significant concern. As Nova Scotia has experienced high amounts of acid precipitation in the past, an d its geology limits the replenishment of base cations to soils (NSSA, 2015), surface waters in southwest Nova Scotia are generally lower than the 6.5-pH threshold. In addition, though the FPL sites’ pH values are lower than 6.5 pH, many fish species can survive in waters >5.0-pH (NSSA, 2014) and therefore it appears that most of the time the acidity of the waters at FPL pose minimal threat to organisms. Figure 12. Annual average pH at all sites from 2015-2021. Red line indicates 6.5 pH minimum for aquatic species set by CCME. Before 2021, the year-to-year annual average pH trends demonstrated that they were rising at all the stream sites and slightly decreasing in the lake (Figure 12). The last year of the project saw the opposite trend as the annual average pH in the lake was higher than in previous years at 6.88, and the stream sites were lower, ranging from 5.42 to 4.88. The pH at the South Culvert site has been measured only twice, in 2019 and 2021. There was very little difference between the two years, but these readings were one-time samples, not annual averages. 2.1.1.5. Total Dissolved Solids The annual average of total dissolved solids (TDS) from the four FPL sites sampled monthly from June-October ranged from 24.6 mg/L to 50 mg/L (Figure 13). The North Inlet displays the highest TDS concentrations, while the remaining sites never exceeded 35 mg/L. Annual average TDS at the Lake and Outlet sites were nearly identical for the duration of the program. There is no guideline for TDS set by the CCME for the protection of aquatic health; 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 2014 2015 2016 2017 2018 2019 2020 2021 2022Average pHYear North Inlet South Inlet Lake Outlet South Culvert Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 20 however, Hinch and Underwood (1985) found that pristine Nova Scotian lakes had an average of 20 mg/L. The Lake site displays an overall average of 30 mg/L, with a low of 27.5 in 2015, and a high of 33.2 in 2018. This suggests that the lake is not pristine and to some extent is affected by sedimentation. The presence of high TDS is not necessarily harmful as dissolved materials can be from both anthropogenic and natural sources. As TDS does not have a guideline for the protection of aquatic organisms, TDS concentrations do not appear to be detrimental to FPL. Figure 13. Annual average Total Dissolved Solids (mg/L) at all sites from 2015-2021. 2.1.2. Chemical Water Quality Parameters 2.1.2.1. Total Suspended Solids Total suspended solids (TSS) were measured as the value of solids suspended in a water column that do not pass through a 45 µm glass fibre filter. Annual averages ranged from 1.0 mg/L to 7.58 mg/L (Figure 14). The South Inlet site displays the highest concentrations of TSS across all years, spiking significantly in 2017 and 2020. As the CCME has a guideline of a 10 mg/L allowable increase from baseline in waterbodies with TSS ≤ 100 mg/L (CCME, 2002), the increases observed in FPL do not appear to be a threat to aquatic organisms. 0.0 10.0 20.0 30.0 40.0 50.0 60.0 2014 2015 2016 2017 2018 2019 2020 2021 2022Average Total Dissolved Solids (mg/L)Year North Inlet South Inlet Lake Outlet South Culvert Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 21 Figure 14. Annual average Total Suspended Solids (mg/L) at all sites from 2015-2021. 2.1.2.2. Total Phosphorus Annual averages for total phosphorus ranged from 0.006 mg/L at the Lake site in 2018, to 0.164 mg/L at the South Inlet site in 2015 (Figure 15). The highest phosphorus concentrations were consistently measured at the South Inlet and were different from the North Inlet, Outlet, and Lake sites. Ontario’s Ministry of Environment and Climate Change (MOECC) has established two guidelines for phosphorus in water bodies: ≤ 0.02 mg/L for lakes, and ≤ 0.03 mg/L for rivers and streams (Ontario’s Ministry of Environment [MOE], 1979). The rivers and streams guideline was exceeded every year in the South Inlet and South Culvert sites. The North Inlet site only exceeded the river and streams guideline once in 2019, at 0.031 mg/L. The Outlet site never exceeded the guidelines for rivers and streams, and the Lake site never exceeded the lake guidelines. While the phosphorus levels at the South Inlet site have been consistently high each year, there is a noticeable downward trend since the start of the program, with a small average increase in 2021. The reduction in phosphorus concentrations suggests that the stream may be slowly recovering from nutrient enrichment and that the control measures placed along any developments feeding the South Inlet are helping. The South Culvert site only consists of three total samples, but there may be an upward trend occurring at this site. As there are few natural phosphorus inputs into the environment, elevated concentrations indicate an anthropogenic source. 0.000 1.000 2.000 3.000 4.000 5.000 6.000 7.000 8.000 2014 2015 2016 2017 2018 2019 2020 2021 2022Average Total Suspended Solids (mg/L)Year North Inlet South Inlet Lake Outlet South Culvert Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 22 Figure 15. Annual Average Phosphorus (mg/L) at all sites from 2015-2021. The solid red line indicates the ≤ 0.03 mg/L MOECC guideline for streams and rivers, and the dotted red line indicates ≤ 0.02 mg/L MOECC guideline for lakes. 2.1.2.3. Total Nitrogen Annual averages for total nitrogen ranged from 0.214 mg/L at the Lake site in 2016, to 1.221 mg/L at the South Inlet site in 2015 (Figure 16). The highest concentrations of total nitrogen were observed at the South Inlet site. Annual averages at the North Inlet site seem to be on an upward trend since 2018. The three samples collected at the South Culvert site are not annual averages; these samples were taken after rainfall events. Total nitrogen concentrations have remained stable at the Lake and Outlet sites from 2015 to 2021. Figure 16. Annual average total nitrogen (mg/L) at all sites from 2015-2021. Red line indicates 0.9 mg/L guideline from Dodds and Welch (2000). 0.000 0.020 0.040 0.060 0.080 0.100 0.120 0.140 0.160 0.180 2014 2015 2016 2017 2018 2019 2020 2021 2022Average Phosphorus (mg/L)Year North Inlet South Inlet Lake Outlet South Culvert 0.000 0.200 0.400 0.600 0.800 1.000 1.200 1.400 2014 2015 2016 2017 2018 2019 2020 2021 2022Average Nitrogen (mg/L)Year North Inlet South Inlet Lake Outlet South Culvert Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 23 2.1.3. Biological Water Quality Parameters 2.1.3.1. Fecal Bacteria In 2019, the FPL Monitoring Program switched from monitoring fecal coliforms to monitoring Escherichia coli (E. coli) to align with Health Canada’s recommended use of E. coli as the primary indicator of bacteria contamination in freshwaters. Health Canada has set primary and secondary recreational contact guidelines for E. coli in freshwaters, ≤400 CFU/100 mL and ≤1000 CFU/100 mL, respectively (Health Canada, 2012). Bacteria samples were collected monthly from all sites. Annual averages were calculated and split into two categories: fecal coliform before 2019 (Figure 17), and E. coli levels from 2019 to 2021 (Figure 18). E. coli samples can be compared against Health Canada’s primary recreational contact guideline. Annual average E. coli levels ranged from 9 CFU/100 mL at the Lake site in 2021 to 154 CFU/100 mL at the North Inlet site in 2019. None of the annual averages or individual sample results exceeded the 400 CFU/100 mL guideline. Three bacteria samples were collected from the South Culvert site after rainfall events. Only one of them recorded the presence of E. coli at a concentration of 250 CFU/100 mL. A residential property with livestock was built in 2018 next to the south inlet stream, downstream of the South Inlet sample site but upstream of FPL. This site is monitored for nutrients and bacteria due to the potential for pollution entering the stream from the livestock and manure on this property. Figure 17. Annual average Fecal Coliform at all sites from 2015-2018. 0 100 200 300 400 500 600 700 800 900 2014 2015 2016 2017 2018 2019 Average Fecal Coliform / 100 mL Year North Inlet South Inlet Lake Outlet South Culvert Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 24 Figure 18. Annual average E. coli at all sites from 2019-2021. Red line indicates the Health Canada primary contact guideline. 2.1.3.2. Microcystin-LR & Algal Blooms The recreational guideline for cyanobacterial toxins – microcystin-LR is 10 µg/L (Health Canada, 2012). This guideline is meant to protect against exposure to microcystins and other toxins that may be present in an algal bloom. Microcystin-LR can persist in aquatic environments after a visible bloom has dissipated (Federal-Provincial-Territorial Committee on Drinking Water, 2002). Not all algal blooms are toxic cyanobacteria blooms, and Microcystin-LR is only one of the possible toxins in a cyanobacteria bloom. For this reason, every algal bloom should be treated with caution and reported to Nova Scotia Environment (NSE). Algal blooms were observed in the lake during several years of the program (Figure 19). In 2016, an algal bloom was detected on June 22 and a grab sample was collected and submitted to Maxxam Analytics Laboratory to be analyzed for Microcystin-LR. The results showed Microcystin- LR levels of 1.25 µg/L, confirming the presence of cyanobacterial toxins in the bloom. This was the only recorded bloom in 2016. A bloom was observed and tested on June 17th, 2017, displaying a Microcystin-LR concentration of 0.71 µg/L, again lower than the Health Canada guidelines. A sample collected in 2018 displayed a Microcystin-LR concentration of 0.16 µg/L, much lower than the previous two years. No blooms were sampled in 2019; however, NSE was contacted regarding a bloom. An NSE inspector made a site visit and obtained a grab sample; it was determined that no bloom was present. A possible algal bloom was reported in 2020 on July 27th. A sample was collected and sent for analysis; however, it was lost in transit by UPS. The toxicity of this bloom remains unconfirmed. 0 50 100 150 200 250 300 350 400 450 2018 2019 2020 2021 2022Average E. Coli /100 mLYear North Inlet South Inlet Lake Outlet South Culvert Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 25 In 2021 there were two blooms observed in the lake by volunteers. The first bloom occurred on July 17th, 2021. Results showed no Microcystin-LR present in the sample. The second bloom was detected by volunteers on August 29, 2021. Results showed a Microcystin-LR concentration of 0.13 µg/L. Figure 19. Microcystin-LR concentrations in water samples collected during observed algal blooms in FPL. 2.2. Sediment Sampling Sediment sampling in the Southwest side of the lake (known as ‘SW Cove’) and at the South Inlet site has occurred each year since 2017. The bottom substrate from both sites was analyzed for metals, phosphorus, and orthophosphate, to assess the risk of internal nutrient loading within the lake and potential risk from the accumulation of metals within the sediments (Tables 1 & 2). 0.00 0.20 0.40 0.60 0.80 1.00 1.20 1.40 2015 2016 2017 2018 2019 2020 2021 2022microcystin-LR (µg/L)Year Fox Point Lake Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 26 2.2.1. Metals Table 1. Concentrations of metals within site sediment samples. Light yellow indicates parameters approaching one of the guidelines, orange indicates an exceedance of ISQG, red indicates an exceedance of either the PEL or NSEQS guidelines. UNITS SW Cove South Inlet Sediment Concentration Guidelines Metals 2018 2019 2020 2021 2017 2018 2019 2020 2021 ISQG PEL NS Acid Extractable Aluminum (Al) mg/kg 1700 10000 14000 12000 4400 6100 6200 6600 6400 Acid Extractable Antimony (Sb) mg/kg ND ND ND ND ND ND ND ND ND 25 Acid Extractable Arsenic (As) mg/kg 6 6.1 9.1 20 7.9 10 22 9.8 35 5.9 17 17 Acid Extractable Barium (Ba) mg/kg 14 37 69 73 30 50 54 46 50 Acid Extractable Beryllium (Be) mg/kg ND 2.4 2.2 3.3 ND ND ND ND ND Acid Extractable Bismuth (Bi) mg/kg ND ND ND ND ND ND ND ND ND Acid Extractable Boron (B) mg/kg ND ND ND ND ND ND ND ND ND Acid Extractable Cadmium (Cd) mg/kg ND 0.8 0.48 1.6 ND 0.4 0.37 ND ND 0.6 3.5 3.5 Acid Extractable Chromium (Cr) mg/kg ND 6.4 12 7 3.2 4.5 4.4 5.4 5 37.3 90 90 Acid Extractable Cobalt (Co) mg/kg 1.2 1.1 3.3 3.2 1.9 2 3.3 2.9 4.6 Acid Extractable Copper (Cu) mg/kg 2.2 11 18 10 7.4 8.5 8.3 7.3 7.3 35.7 197 197 Acid Extractable Iron (Fe) mg/kg 4000 3200 11000 7200 5900 7000 12000 11000 16000 47,766 Acid Extractable Lead (Pb) mg/kg 2.6 50 61 21 17 33 31 21 21 35 91.3 91.3 Acid Extractable Lithium (Li) mg/kg 6.6 7.6 20 11 6.8 7.8 9.3 13 11 Acid Extractable Manganese (Mn) mg/kg 230 150 420 430 330 270 550 420 1800 1,100 Acid Extractable Mercury (Hg) mg/kg ND 0.16 0.23 0.13 0.12 0.21 0.17 0.17 0.19 0.17 0.486 0.486 Acid Extractable Molybdenum (Mo) mg/kg ND ND ND 4.2 ND ND ND ND ND Acid Extractable Nickel (Ni) mg/kg ND 4.6 8.1 4 2.7 3.8 3.8 4.2 3.6 75 Acid Extractable Phosphorus (P) mg/kg 110 1,100.00 1200 460 640 920 660 Acid Extractable Rubidium (Rb) mg/kg 4.3 6.2 16 9.3 7.1 7.9 9 13 11 Acid Extractable Selenium (Se) mg/kg ND 2.7 2.1 3.3 ND 1.1 1 0.71 0.9 2 Acid Extractable Silver (Ag) mg/kg ND ND ND ND ND ND ND ND ND 1 Acid Extractable Strontium (Sr) mg/kg ND 11 16 9.8 12 24 24 17 15 Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 27 ND = Not Detected Three guidelines are used for comparison for the sediment analysis; the CCME’s recommended interim sediment quality guideline (ISQG), the CCME’s probable effect levels (PEL), and the Nova Scotia Environmental Quality Standards (NSEQS) contamination threshold. Sediment samples were collected at two sites in Fox Point Lake, starting in 2017. One of these sites, Southwest Cove, was sampled for only phosphorus in 2017, and then a full metals suite in 2018, 2019, 2020, and 2021. The South Inlet was sampled for a full metals suite from 2017 to 2022. Arsenic levels were noticeably high at both sites, in all years. At Southwest Cove, the ISQG guidelines were exceeded from 2018 to 2020, and all three guidelines were exceeded in 2021. There is a noticeable increase in arsenic at this site. The levels in 2018 showed 6 mg/kg, and a jump to 20 mg/kg in 2021. A similar trend is present in the South Inlet site, where ISQG guidelines were exceeded in 2017, 2018, and 2020. All three guidelines were exceeded in 2019 and 2021 . There was an increase from 7.9 mg/kg in 2017, to 35 mg/kg in 2021. This suggests that there is an active input of arsenic into the system that is gradually increasing concentrations in the sediment at both sites. Increased arsenic levels reduce the abundance of benthic invertebrates, the main food source for many aquatic species (CCME, 2002). Given the increasing levels of arsenic at both sites, the presence of food for freshwater species may be actively decreasing. Organisms living within the stream should be considered at-risk for bioaccumulation. Any fisheries should be limited to the lake, where the inputs from the South Inlet are diluted and do not appear to affect the overall sediment quality within the lake . Cadmium levels in the Southwest Cove site exceeded the ISQG guidelines in 2019 and 2021 but were never exceeded in the South Inlet. The highest cadmium level recorded was 1.6 mg/kg in the Southwest Cove in 2021. Like arsenic, cadmium reduces the abundance of benthic invertebrates and damages aquatic species. However, cadmium levels are generally low at both sites, often going undetected in the metal suite analysis. The highest level recorded only exceeded is ISQG guidelines by 0.7 mg/kg. Lead levels were also relatively low in both sites, with only the ISQG guidelines being exceeded in 2019, and 2020, at the Southwest Cove site. In 2019, lead was recorded at 50 mg/kg, and 61 mg/kg in 2020. These levels exceeded the ISQG guidelines by 15 mg/kg, and 31 mg/kg, Acid Extractable Thallium (Tl) mg/kg ND 0.13 0.18 0.52 ND ND 0.1 0.15 0.13 Acid Extractable Tin (Sn) mg/kg ND 3.2 3.7 1.4 ND ND 1.1 1.3 1.1 Acid Extractable Uranium (U) mg/kg 1.5 14 11 18 6.9 11 10 7.5 8.9 Acid Extractable Vanadium (V) mg/kg 2.8 15 25 18 6.1 8.4 10 9.4 9.9 Acid Extractable Zinc (Zn) mg/kg 16 50 48 78 30 43 35 35 31 123 315 315 Orthophosphate (P) mg/kg 0.64 0.24 0.30 0.16 0.51 1.30 0.55 0.33 0.33 Fox Point Lake Final Report | Municipality of Chester | Coastal Action | 2022 Page | 28 respectively. Lead levels at the South Inlet approached the ISQG guidelines in 2018, and 2019, but did not exceed them. Lead can reduce the abundance of benthic invertebrates, and depending on the physicochemical conditions, can be harmful to other aquatic organisms (CCME, 2002). The levels of lead at both sites appear to be decreasing and do not approach the threshold of the PEL or NSEQS guidelines. Mercury levels observed at both sites appear to consistently exceed or approach the ISQG guidelines. At the Southwest Cove, mercury levels exceeded the ISQG guidelines once in 2020, but only approached them in 2019, and 202 1. At the South Inlet site, the ISQG guidelines were either met or exceeded from 2018 to 2021 and were approached in 2017. The highest levels of mercury observed were 0.23 mg/kg at the Southwest Cove and 0.21 mg/kg at the South Inlet. While these levels exceeded the ISQG guidelines, they did not come close to approaching the PEL or NSEQS guidelines. There doesn’t appear to be an increasing trend at either site. Selenium is another metal that was found to exceed at least one of the three guidelines. In 2019, 2020, and 2021, the selenium levels at the Southwest Cove were found to exceed the 2 mg/kg guideline from the NSEQS. The selenium levels in the South Inlet never exceeded or approached these guidelines. The development of the residential property near the south inlet stream may pose issues with water quality within the remaining stretch of the stream before it flows into the lake. Continued development and disturbance of bedrock upstream of this area also pose a risk. As the South Inlet’s sediment has been contaminated with heavy metals previously, disturbance of the sediment and additions of more pollutants to the sediment can result in the release of metals into the water, thereby affecting water quality and organisms. Overall, metals appear to be increasing at both sites since 2018. Table 2. Summary of guideline exceedances of metals in sediment samples from SW Cove and South Inlet sampling locations. Light yellow indicates parameters approaching one of the guidelines, orange indicates an exceedance of the ISQG, and red indicates an exceedance of either the PEL or NSEQS guidelines. SW Cove South Inlet UNITS 2018 2019 2020 2021 2017 2018 2019 2020 2021 Acid Extractable Arsenic (As) mg/kg 6 6.1 9.1 20 7.9 10 22 9.8 35 Acid Extractable Cadmium (Cd) mg/kg ND 0.8 0.48 1.6 ND 0.4 0.37 ND ND Acid Extractable Lead (Pb) mg/kg 2.6 50 61 21 17 33 31 21 21 Acid Extractable Mercury (Hg) mg/kg ND 0.16 0.23 0.13 0.12 0.21 0.17 0.17 0.19 Acid Extractable Selenium (Se) mg/kg ND 2.7 2.1 3.3 ND 1.1 1 0.71 0.9 Fox Point Lake Final Report I Municipality of Chester I Coastal Action 12022 2.2.2. Sediment Phosphorus and Orthophosphate Concentrations of both acid extractable (total) phosphorus and bioavailable orthophosphate in sediment were analyzed from 2018 to 2021, with total phosphorus being excluded from the 2021 sample (Figures 20 and 21). Within the SW Cove, the concentration of orthophosphate dropped to 0.16 mg/kg in 2021. Within the South Inlet, orthophosphate concentration was 0.33 mg/kg, the same as 2020. SW Cove Orthophosphate (mg/kg) 1.40 - 1.20 - 1.00 - 0.80 - 0.60 - 0.40 - 0.20 - 0.00 - 2018 2019 2020 2021 Total Phosphorus (P) 'Orthophosphate (P) 1400 1200 1000 800 600 400 200 0 Total Phosphorous (mg/kg). Figure 20. Phosphorus and orthophosphate concentrations in benthic sediment at Southwest Cove in FPL from 2018-2021. Orthophosphate (mg/kg) 1.40 - 1.20 - 1.00 - 0.80 - 0.60 - 0.40 - 0.20 - 0.00 South Inlet • 2018 2Total Phosphorus (P) t 2020 ho 2021 Orthophosphate 1200 EL 1000 o 800 v, 0 600 0 t 400 0 t 200 eL -. 0 o H Figure 21. Phosphorus and orthophosphate concentrations in benthic sediment at the South Inlet site from 2018-2021. Although there is a decrease in the fraction of orthophosphate in the sediment of the South Inlet and only a slight increase in SW Cove, the overall continued increase in total phosphorus concentrations could result in nutrient enrichment during fall turnover if the available orthophosphate stores increase and are not assimilated. Page 129