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MUNICIPAL COUNCIL
AGENDA
Thursday, June 30, 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 – June 23, 2022.
5. COMMITTEE REPORTS
5.1 Recreation and Parks Committee – June 20, 2022 – Councillor Church.
5.2 Nominating Committee – Councillor Church
6. PUBLIC PRESENTATIONS
7. MATTERS ARISING
7.1 Request for Direction prepared June 15, 2022 – Corporate & Strategic Management -
Parade Square Beautification Project.
7.2 Request for Decision prepared June 14, 2022 – Corporate & Strategic Management – Code
of Conduct.
7.3 Planning Matters Report prepared May 27, 2022 – Community Development & Recreation
– Rezone of Sherbrooke around Sherbrooke Lake from General Basic to Lakeside Zone.
8. CORRESPONDENCE
8.1 Correspondence from Denise Peterson-Rafuse regarding concerns on the proposed hotel
project in the Village of Chester.
9. NEW BUSINESS
9.1 Request for Decision prepared June 16, 2022 – Community Development & Recreation -
New Private Road Name – Brightside Lane.
Page 2 of 2
9.2 Request for Decision prepared June 20, 2022 – Community Development & Recreation -
Designated Community Fund Request – New Ross Trails.
9.3 Council District Grants:
a. District 6 – Charing Cross Garden Club - $500.
b. District 6 – New Ross Consolidated School - $2,000.
9.4 Infrastructure Development Fund Policy – Corporate & Strategic Management (RFD to
follow) .
10. IN CAMERA
11. ADJOURNMENT
251
MUNICIPALITY OF THE DISTRICT OF CHESTER
Minutes of
COUNCIL MEETING
Livestreamed via YouTube from 151 King Street, Chester
On Thursday, June 23, 2022
MEETING CALLED TO ORDER
Warden Webber called the meeting to order at 8:57 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
Matthew Blair, Director of Infrastructure & Operations
Tim Topping, Director of Financial & Information Services
Chad Haughn, Director of Community Development & Recreation
Dan Pittman, Records Manager
Solicitor: Samuel Lamey, Municipal Solicitor
APPROVAL OF AGENDA/ORDER OF BUSINESS
Additions:
Councillor Connors – Out and About in My District.
Councillor Wells – Policing Matter.
2022-256 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford the
agenda and order of business for the June 23, 2022, Council meeting be
approved as amended. ALL IN FAVOUR. MOTION CARRIED.
PUBLIC INPUT
There was no public input.
Council (continued) June 23, 2022 252
MINUTES OF PREVIOUS MEETINGS
4.1 Council Meeting – May 26, 2022.
2022-257 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the
minutes of the May 26, 2022 Council Meeting be approved. ALL IN FAVOUR.
MOTION CARRIED.
4.1 Special Council Meeting – June 2, 2022.
2022-258 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the
minutes of the May 26, 2022 Council Meeting be approved. ALL IN FAVOUR.
MOTION CARRIED.
COMMITTEE REPORTS
5.1 Committee of the Whole – June 2, 2022 – Warden Webber.
2022-259 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford that the
following recommendations from the June 2, 2022 Committee of the Whole
meeting be approved:
2022-243 – “… the email and invitation from Ann Westhaver regarding a
meeting held on Tancook Island be received as information and await a
response from the Municipality of the District of Lunenburg.”
2022-244 – “… authorize the discharge of Development Agreement
CMDA001 for 31 Venture Avenue, Mill Cove as per Section 6(a) of the
approved Development Agreement; and further direct staff to prepare and
execute a Notice of Discharge to be recorded at the Land Registry.”
2022-245 – “… authorize the discharge of Development Agreement
CMDA003 for 35 Venture Avenue, Mill Cove as per Section 6(a) of the
approved Development Agreement; and further direct staff to prepare and
execute a Notice of Discharge to be recorded at the Land Registry.”
2022-246 – “… direct the Summer Co-Op Student to draft a report
outlining the current status of the 15 unregistered heritage properties on
file and located throughout the municipality. The report will categorize
each property as (a) pursuable for heritage registration, or (b) no longer
suitable for heritage registration.”
ALL IN FAVOUR. MOTION CARRIED.
Council (continued) June 23, 2022 253
5.2 Nominating Committee – June 2, 2022 – Councillor Church.
2022-260 MOVED by Deputy Warden Shatford, SECONDED by Councillor Wells that
Council approve the following recommendation from the June 2, 2022
Nominating Committee Meeting:
2022-251 – “…extend the terms of the current members of the Chester Village
Planning Advisory Committee for two additional years, if members wish to do
so, as they are currently undergoing the Plan Review for the Village of Chester
Planning Area.”
ALL IN FAVOUR. MOTION APPROVED.
PUBLIC PRESENTATIONS
There were no public presentations.
MATTERS ARISING
7.1 POLICY – 2nd Notice – Adoption of Landfill Vehicle Replacement Policy P-107.
2022-261 MOVED by Councillor Wells, SECONDED by Councillor Church that Second and
Final Notice be given for the adoption of Policy P-107 Landfill Vehicle
Replacement Policy. ALL IN FAVOUR. MOTION CARRIED.
7.2 Request for Direction – Financial & Information Services – By-Law 74 Tax Exemptions
for Charitable and Non Profit Organizations, Municipal Water Utilities, and Licensed
Day Cares.
Tim Topping, Director of Financial & Information Services was present to review the
Request for Direction regarding By-Law #74 Tax Exemptions for Charitable and Non Profit
Organizations, Municipal Water Utilities, and Licensed Day Cares.
It was noted that Sections 71 and 71A of the MGA stipulate various restrictions on the
extent of the exemptions, the qualifying factors for each type of organization covered under
these sections, and the legislative mechanism (policy or by-law by which Council may
provide an exemption of taxes). He then reviewed the summary included in the material.
The four recommendations were reviewed:
1. Creation of a policy to replace the authority provided under By-Law #74, to provide tax
exemptions to various organizations.
Council (continued) June 23, 2022 254
It was noted that policies are easier to revise when there are regular updates to the
document. Comments were made regarding more guidance in a policy, more consistency,
some organizations receive an exemption but not a grant which is essentially the same
thing, and there may be organizations that don’t fit.
2. Removing restrictions on assessment type, where allowable under the Municipal
Government Act (MGA).
It was noted that currently only commercial assessments are qualified; whereas with a
policy there would be more flexibility.
3. Amend or repeal By-Law #74.
There was a lengthy discussion regarding amending or appealing the existing by-law. The
current version of Schedule E (Licensed Day Cares) would be the only requirement to retain
a by-law; the remaining properties are able to be dealt with through policy. In the end, it
was felt that it was appropriate to repeal the current by-law.
4. Update to the list of organizations that are given tax exemptions.
The list of properties included in the information were flagged as requiring some discussion
and were reviewed.
Schedule A:
NS Natural Resources, c/o Chester Municipal Heritage Society – remove.
Shoreham Village Senior Citizens Apartment (former blood clinic) – remove.
South Shore Community Services Association – correct charitable number.
Western Shore & Area Improvement Association – remove – property is owned by
the Municipality.
Chester Art Centre – remove (the accounts have been consolidated)
Schedule B:
Aspotogan Heritage Trust – Account is now TX01 (no change required).
Hubbards Area Lions Club – no change.
District 1 Fire Commission – this will be reviewed as the fire department rents from
the community centre.
Helping Hands to Enrich Learning & Lifestyle Programming Society – remove – the
property has changed hands and is now a distillery.
Hubbards Yacht Club – no change.
Trustees of Chester Garden Club – correction required to be made to exemption.
Wil Dor Park Property Owners Association – add to the schedule as it was not
included when it had been approved previously.
Council (continued) June 23, 2022 255
Some discussion was held with regard to membership restrictions to various organizations.
Some just require a paid membership to be a member whereas others may have further
restrictions.
Schedule C:
Captain Kidd Rod and Gun Club – no changes.
Chester Yacht Club – no change.
Clarke Lodge and Norwood Lodge – it was noted that these are both member-
based with restrictions to membership to men over 21 years of age.
A lengthy discussion regarding the Lodges ensued with comments on:
The membership restriction being exclusive to men only.
The difference between residential or commercial status assigned by PVSC and why
they are considered commercial. They fundraise.
Historic organization.
Their mission is to fundraise and give to other organizations.
No income structure or income.
The CAO indicated that staff is working on a presentation with regard to grants. Council
could provide direction today and then pause passing First Reading until they receive the
presentation. The membership based organizations can be flagged for Council to consider
what other grants they may or may not be eligible for. He noted that when a property is
exempt under a by-law, Municipal Affairs removes that assessment from our uniform
assessment (used to calculate education costs for example). If you exempt OHC $35,000
exemption, it saves the organization $35,000 but removes assessment from uniform
assessment and reduces our mandatory costs. There is a net benefit to the Municipality.
What he would like to see is an annual letter going to the organization confirming their
exemption and provide Council with a table outlining the reduction in assessments, so they
are aware of that information when grant decisions are made.
Councillor Connors stated that it is 2022 and this (exclusion) is an important subject. She is
becoming more aware all the time – as she and Councillor Assaff sit on the Equity, Diversity,
and Inclusion Committee. As an individual she does not think it is right to support a
membership that restricts based on gender and age. She, in good conscience, cannot
support it. Councillor Church agreed, noting that the organizations have the choice to
change their by-laws to allow women.
Deputy Warden Shatford commented that more membership would mean more funds. He
asked if membership have an effect on Council decisions or not.
Further comments regarding the organizations took place and it was noted that the Lodges
are set up and structured by tradition and they provide support throughout the community,
Council (continued) June 23, 2022 256
geographic membership restrictions (golf clubs), historical context of some charters of
organizations, and community service by organizations that may have membership
restrictions in place.
The CAO noted that staff has direction on a number of other changes which will be brought
back to Council for consideration. However, he noted that Council may wish to wait until
after the grant program discussion in July.
Councillor Church noted that the Chester Golf Club is aware of our position and suggested
it be brought to their attention again and that they may lose their exemption status if they
don’t change membership.
Staff were directed to write the Chester Golf Club advising that they risk losing their
exemption unless membership is open to the whole municipality.
SCHEDULE D - no changes suggested.
SCHEDULE E:
Ocean View Children’s Centre – this will be removed as they are no longer in operation.
The Director indicated that staff will be creating new policy for the properties listed in
Schedules A, B, C, and D and removing the restriction to just commercial property to allow
certain resource and residential properties. By-Law #74 will be repealed, and he will also
providing a note on the District 1 Fire Commission/Community Hall as well as more
information on how the process was conducted to determine the information for the
organizations.
A break was held from 10:18 a.m. to 10:36 a.m.
Warden Webber introduced his sister-in-law Laura as well as Heidi from Bauline, NFLD who
is a newly elected Councillor and lives on Avalon Peninsula. Bauline has a population of
412 and is the smallest incorporated town in NFLD.
7.3 Quarterly Report – 1st Quarter 2022/23 – Financial & Information Services.
Tim Topping, Director of Financial & Information Services reviewed the Quarterly Report,
noting that he would have more detailed financial results after the Audit is completed. He
then reviewed the highlights from the information provided in the agenda package.
A question was asked with regard to investing funds to reap the benefits of interest and the
Director indicated that he would be providing more information to Council.
Council (continued) June 23, 2022 257
7.4 Purchasing & Procurement Program Presentation – Financial & Information Services.
Tim Topping, Director of Financial & Information Services reviewed the information
included in the Purchasing and Procurement Program material in the agenda package
commenting on the following:
Purchase Order Module.
E-Procurement Platform.
P-Cards.
Policy Updates required.
Purchasing Groups and benefits.
Policy Update – what have we done, what is going on now, and next steps.
7.5 Quarterly Report – Community Development & Recreation.
Chad Haughn, Director of Community Development & Recreation was present to provide
an update on the quarterly report commenting on the following:
Planning updates.
Development statistics.
Building Statics.
By-Law Statistics.
Fire Inspections.
Animal Control.
Recreation & Parks Services.
South Shore Connect.ca.
ProKids Statistics.
Plan for Open Spaces.
Councillor Connors asked about the Building Official capacity and the training required and
it was noted that staff have yet to determine what the position will look like.
Councillor Assaff and Councillor Wells commented on the time it is taking for permits to be
issued. It was noted that each application is different and in some instances the application
is not complete, and staff must communicate with them to get additional information. As
well, sometimes information is required from provincial departments which can also be a
hold up.
APPROVAL OF AGENDA/ORDER OF BUSINESS (continued)
Councillor Assaff noted that he would like to add the width of the trail to New Business.
MATTERS ARISING (continued)
Council (continued) June 23, 2022 258
7.6 Request for Decision – Infrastructure & Operations – Wastewater System Renewal and
Expansion Project.
Matthew Blair, Director of Infrastructure & Operations was present to review the RFP for Lift
Station Design for the Village of Chester Wastewater System Renewal and Expansion
Project which is required to be done in order to be eligible for ICIP funding as projects must
be shovel ready in order to start. He did note that there is a risk that any work completed
prior to approval may not be eligible for funding. This is just a portion of the project in
total which will be approximately $17,000,000 and includes several other projects to update
the system.
There was some discussion on the information provided and it was stated that Council
would like e more information on the bids received, i.e., how many bids and the scoring. It
was noted that there were only two submissions received, which may indicate the capacity
of companies or commitments they already have in place. For example, in previous years
there would normally be more than 2 submissions received.
The CAO noted that previously Council received information on what would be provided at
the front end rather than the back end, i.e., the scoring criteria used.
Councillor Veinotte noted this is a public procurement process and is public. He has no
problem with the award or recommendation but would prefer to see a fulsome report other
than saying yes, we want to do the project. He suggested that the low number of proposals
may be reflective of a busy environment. It was suggested that if the wish is to have more
proponents bid then we would have to lower the barrier in some way – takes a lot of effort
to prepare a proposal. Proposals to the private sector take less time. He suggested
considering the market resources we have noting that the design of a sidewalk may have a
higher score allocated to price whereas for a sewer treatment plant you would want the
most experienced company and would need a higher score allocated to experience.
Councillor Wells asked about the criteria and evaluations and the CAO noted that he would
provide a copy to Councillor Wells.
2022-262 MOVED by Councillor Wells, SECONDED by Councillor Assaff that Council award
the Lift Station Design to CBCL Limited for $160,126.00 plus HST:
DISCUSSION:
Councillor Veinotte commented that he wanted to be sure Council knew
that quite likely the Municipality won’t recover this from ICIP funding.
ALL IN FAVOUR. MOTION CARRIED.
CORRESPONDENCE
Council (continued) June 23, 2022 259
8.1 Flag Raising Application – Pride Lunenburg County – Flag to be raised August 16 to
August 21st.
2022-263 MOVED by Councillor Assaff, SECONDED by Councillor Church that Council
approve flying the Pride Lunenburg County flag from August 16 to 21, 2022.
ALL IN FAVOUR. MOTION CARRIED.
NEW BUSINESS
9.1 Request for Decision prepared May 24, 2022 – Corporate & Strategic Management –
Business Retention + Expansion Program.
Erin Lowe, Development Officer outlined the Request for Decision regarding the Business
Retention and Expansion Program and the recommendation to approve the proposed
scope of work and hire a consultant to conduct the visitation to businesses. This would be
a more efficient method and they would also provide data analysis.
Councillor Connors indicated that she believes in the program and the results of the
program and agrees with the use of a consultant.
The scope of work will include preparation, collection an analyzing, developing goals and
action plans and is currently in the budget.
2022-264 MOVED by Councillor Connors, SECONDED by Councillor Wells that Council
approve the proposed scope of work for the Business Retention and Expansion
Program for the Municipality of the District of Chester as outlined in the
Request for Decision prepared May 24, 2022 “Business Retention + Expansion
Program”. ALL IN FAVOUR. MOTION CARRIED.
9.2 Request for Decision – Community Development & Recreation - Grant Requests:
District Council Grants:
a. District 3 - Chester Brass Band Summer Concerts - $500 per District.
b. District 7 - Chester Brass Band Summer Concerts - $500 per District.
2022-265 MOVED by Councillor Wells, SECONDED by Councillor Church that the following
District Grants be approved.
District 3 - Chester Brass Band Summer Concerts - $500.
District 7 - Chester Brass Band Summer Concerts - $500.
ALL IN FAVOUR. MOTION CARRIED.
Council (continued) June 23, 2022 260
c. District 5 - Western Shore Fire Department - $2,500.
2022-266 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that
Council approve the following Council District Grant:
District 5 - Western Shore Fire Department - $2,500.
ALL IN FAVOUR. MOTION CARRIED.
d. District 5 – Western Shore & Are Improvement Association - $3,657.
2022-267 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that
Council approve the following Council District Grant:
District 5 – Western Shore & Are Improvement Association - $3,657.
ALL IN FAVOUR. MOTION CARRIED.
e. District 3 - F. E. Butler Branch #44 Chester Legion - $2,000 (application received at
Council on the morning of the meeting).
Councillor Wells noted that this is for two separate events and suggested a District Grant of
$1,000 now and that the remainder be revisited at a later date.
2022-268 MOVED by Councillor Wells, SECONDED by Councillor Church that Council
approve a $1,000 District 3 Grant Request for F. E. Butler Branch #44 Chester
Legion and reconsider the remaining $1,000 of the $2,000 request at a later
date. ALL IN FAVOUR. MOTION CARRIED.
Tourism Grants: First Intake
a. Chester Yacht Club - $5,000.
b. New Ross Regional Development Society - $1,000.
2022-269 MOVED by Deputy Warden Shatford, SECONDED by Councillor Wells that
Council approve the following Tourism Grants:
Chester Yacht Club - $4,000.
New Ross Regional Development Society - $1,000.
ALL IN FAVOUR. MOTION CARRIED.
Council Grants:
It was indicated that the annual budget is $25,000 budget and normally Council retains
some of that budget for the fall intake. It was agreed to spend up to $20,000 with this
intake. The current asks are $24,930.
Council (continued) June 23, 2022 261
It was noted that there are two listed that do not have applications with them – Christmas
Daddies and the United Way of Lunenburg County. Historically Council has donated $100
to Christmas Daddies and for the past number of years Council matches the staff
contribution through payroll up to a certain amount.
Councillor Connors asked if there would be consideration to do all at 50% or 75% funding
based on fairness.
Deputy Warden indicated that Council had previously had a conversation that they would
fund the Chester Brass Band.
The following grant requests were reviewed.
c. Regional - Christmas Daddies - $100 suggested.
d. Regional – Society of Saint Vincent de Paul - $2,200 request. $1,000 suggested.
e. Regional – United Way of Lunenburg County – (Match Employees) - $1,200 Maximum
suggested.
f. Local Non-Profit – Chester Brass Band - $1,000 request. $1,000 suggested.
g. Local Non-Profit – Chester Farmers & Artisans Market - $2,000. No funding last year –
had a district grant. It is for equipment that would carry forward for each year. A
good investment. $1,500 suggested.
h. Local Non-Profit – New Ross Farmers Association - $2,227 request to replace the
entrance booth. $1,500 suggested.
i. Local Non-Profit – New Ross Summer Evening Market (RCL #79) - $1,200 request. It
was indicated that this is a new organization and a new event. Until they receive their
insurance and registration under Joint Stocks, the request is going through the New
Ross Legion. $750 suggested.
j. Local Non-Profit – Our Health Centre - $4,700 request. Last year the organization
received $5,000. It was noted that they had previously submitted a major project
application which was denied earlier this year. It is a $50,000 renovation and they are
continuing with the project, and they are looking for support for furniture in the walk
in clinic portion. They are not fully funded through the provincial government.
$3,000 suggested.
Council (continued) June 23, 2022 262
k. Local Non-Profit – St. Stephen’s Anglican Parish Musical Friends - $5,000 request. It
was noted that they fall under the St. Stephen’s Anglican Parish as the host
organization. Traditionally churches are not eligible, but this is a municipal -wide
project. $5,000 suggested.
l. Community Halls – Hubbards Area Lions Club - $3,312 request. $3,000 suggested.
m. Community Halls – Royal Canadian Legion Branch 79, New Ross - $2,000 request.
Canada Day celebration. Deputy Warden Shatford felt that $3,500 for fireworks was
excessive, noting that District Grants have been used in the past for fireworks. $1,000
suggested.
After reviewing and considering the amounts, the suggested amounts added up to $19,050.
2022-270 MOVED by Councillor Wells, SECONDED by Councillor Veinotte that Council
approve the following Grans for a total amount of $19,050.
REGIONAL Request Approved
Christmas Daddies $100
Society of Saint Vincent de Paul $2,200 $1,000
United Way of Lunenburg County Match Employee
Contributions up to
$1,200
LOCAL NON-PROFIT Request Approved
Chester Brass Band $1,000 $1,000
Chester Farmers & Artisans Market $2,000 $1,500
New Ross Farmers Association $2,227 $1,500
New Ross Summer Evening Market
(RCL Branch 79)
$1,200 $750
Our Health Centre $4,700 $3,000
St. Stephen’s Anglican Parish
(Musical Friends)
$5,000 $5,000
COMMUNITY HALLS Request Approved
Hubbards Area Lions Club $3,312 $3,000
Royal Canadian Legion Branch 79,
New Ross
$2,000 $1,000
TOTAL $19,050
ALL IN FAVOUR. MOTION CARRIED.
A lunch break was held from 12:13 p.m. to 12:48 p.m.
Council (continued) June 23, 2022 263
NEW BUSINESS (continued)
9.3 Out and About in My District – Councillor Connors.
Councillor Connors updated Council on the following:
Open House taking place this upcoming weekend by a relatively new business,
Foraged Florals, Highway 12 in Harriston. There will be a special musical
performance by MIRTH (local musicians). She will forward the invitation to members
of Council.
Update on Popner Hill Trail (located behind Colin Hughes Business “Old Annapolis
Road”) – Councillor Connors noted that recently signage was put in place
(directional, trail head, and distances). Money was fundraised for benches placed in
memory of family members. They worked with The Flower Cart (an organization
similar to SSWAP in this Municipality) and have placed benches on Ruby’s Trail,
Larder Lane, and Popner Hill. The signs were designed by a local sign maker. She
also noted that there is an article in the new recreation Guide regarding the Popner
Hill Trail. She outlined some of the potential future endeavors such as a look-off,
noting the view is phenomenal.
9.4 Policing/Speeding – Councillor Wells.
Councillor Wells indicated that there has been an ongoing issue regarding speeding
complaints, and they have been referred to the RCMP Advisory Board. He would like some
options reviewed, i.e., speed bumps.
He noted that MLA Danielle Barkhouse has had some signed printed encouraging people to
“slow down” and felt it was a good idea to highlight the speeding signage. He will be
meeting with the complainants and would like to have some ideas to talk about with them.
This needs to be addressed.
Councillor Connors commented on the term traffic calming that was used by the Provincial
Department of Public Works (formerly Transportation & Infrastructure Renewal).
Councillor Wells also noted that the traffic study received also had information regarding
traffic calming and wondered if there was something that could be used from that report.
Councillor Connors noted that the Municipality of the District of Lunenburg has some eye-
catching signs that say, “Make Room – We are a Walking Community”. They had provincial
funding as well. This may be worth discussing.
The different types of moveable speed bumps were briefly discussed.
Council (continued) June 23, 2022 264
Councillor Wells indicated that he would like to work with the MLA and mention to her that
we have raised the issue and if we can be part of solution that would be good.
9.5 Width of Trails – Councillor Assaff.
Councillor Assaf indicated that he has been contacted by people who are concerned with
the width of the trail and gaining access to the trail. The bigger side by side machines are
too wide to fit through. He thought the issue was also in other municipalities and asked if
the NSFM could be broached on the subject. People are purchasing the side by sides,
paying for insurance and registrations that help pay for trails.
The Director of Community Development & Recreation indicated that the trail tread is 10’
wide and that is how the province determined the 60” width of the bollards – so that two
off road vehicles can pass safely on the 10’ tread surface. All entrances are to be set at 60”.
There is a high volume of debate and a lot of ATV/side by side owners don’t know about
the rule set by the province. He noted that in some cases bollards are being removed.
However, it is a part of our letter of authority that the width be 60”. He suggested that
those who are having an issue should call the province directly.
IN CAMERA
10.1 Section 22(2)(a) of the Municipal Government act – Acquisition, sale, lease, or security
of municipal property.
2022-271 MOVED by Councillor Church, SECONDED by Councillor Deputy Warden
Shatford that the meeting convene In Camera as per Section 22(2)(a) of the
Municipal Government Act – Acquisition, sale, lease, or security of municipal
property. ALL IN FAVOUR. MOTION CARRIED.
Following a brief meeting of Council “In Camera” the meeting reconvened with all members
present.
ADJOURNMENT
2022-272 MOVED by Councillor Veinotte, SECONDED by Councillor Church the meeting
adjourn. (1:30 p.m.)
___________________________ ___________________________
Allen Webber Pamela Myra
Warden Municipal Clerk
MOTION FOR COUNCIL’S CONSIDERATION FROM
MONDAY, JUNE 20, 2022
RECREATION AND PARKS COMMITTEE
2022-253 MOVED by Ross Shatford, SECONDED by Patricia Bates, that the minutes of March 21, 2022,
meeting of the Chester Recreation & Parks Committee be approved. MOTION CARRIED.
2022-254 MOVED by Ross Shatford, SECONDED by Leslie Taylor, that the Recreation Committee
recommend to Council that we give Jeryn Isenor of New Ross $500.00 for her participation in
the U19 Women’s World Floorball Championships in Katowice, Poland from August 31 to
September 4; and that we give Riley Perry of Chester $500.00 for his participation in the Young
Guns Hockey Tournament in Portland Maine from August 4 to 7. MOTION CARRIED.
2022-255 MOVED by Leslie Taylor, SECONDED by Ross Shatford, that the meeting adjourn. MOTION
CARRIED. (7:50 pm)
MOTIONS FOR COUNCIL APPROVAL FROM NOMINATING COMMITTEE – JUNE 27, 2022
2022-273 APPROVAL OF AGENDA/ORDER OF BUSINESS
2022-274 APPROVAL OF JUNE 2, 2022 NOMINATING COMMITTEE MINUTES
2022-275 RECOMMENDATION OF COMMITTEE MEMBERS TO COUNCIL
MOVED by Warden Webber, SECONDED by Councillor Veinotte that the Nominating Committee
recommend to Council that the following persons be appointed to the Committees as noted:
Committee Appointments
Required
Appointed Term
Audit Committee 1 Sandy Dumaresq 2 Years
Chester Municipal
Planning Advisory
Committee
5 (Districts 1,
3, 4, 6, 7)
Leslie Taylor (District 1)
Lee Harnish (District 4)
Hasson Hammond (District
7)
2 Years
Chester Village Planning
Advisory Committee
(Council previously
approved to reappoint
the current members if
they wish to re-offer)
4 Carol Nauss – Yes
John Carroll – Yes
Syd Dumaresq – Yes
*Advertise for one more
member.
2 Years
Chester Volunteer Fire
Service Committee
3 Kirk Collicutt – 3 Years
Norm Countway – 3 Years
James Robert – 2 Years
2 3-Year Terms
1 2-Year Term
Heritage Advisory
Committee
5 Carol Nauss
Tim Harris
Tristan Mills
*Advertise for two more
members.
1 Year
Recreation & Parks
Committee
3 (Districts 1,
4, and 7)
None received.
*Readvertise.
3 Years
Sherbrooke Lake Park
Advisory Committee
1 Heather Dyment 3 Years
Fences & Arbitration
Committee
1 None received.
*Readvertise.
1 Year
Water Quality
Monitoring Committee
(Fox Point)
MPAC Appt Ross Shatford 2 Years
Western Regional
Housing
1 None received.
*Readvertise.
3 Years
ALL IN FAVOUR. MOTION CARRIED.
2022-276 ADJOURNMENT
REQUEST FOR DIRECTION
REPORT TO: Municipal Council
MEETING DATE: June 30, 2022
DEPARTMENT: Corporate & Strategic Management
SUBJECT: Parade Square Beautification Project
ORIGIN: Motion 2020-505
Date: June 15, 2022 Prepared by: Olivia Corkum, Community EDO
Date: June 17, 2022 Reviewed by: Erin Lowe, Sr. EDO and Tara Maguire, Deputy CAO
Date: June 20, 2022 Authorized by: Dan McDougall, CAO
RECOMMENDED MOTION/ACTION
For discussion and direction.
CURRENT SITUATION
In 2020 Council approved phase of the Parade Square Beautification Project and they concurrently requested
staff carry out conclusion on future phases of the project 9Phases 2-4). Phase One has been completed along
with a three public consultation sessions held from April to August 2021. Staff is seeking direction from Council
on whether to proceed with Phases Two through Four (see Appendix i: Parade Square Draft for visual depiction).
BACKGROUND
At the May 21, 2020 Council meeting, Staff presented two separate projects for Council’s consideration to apply
for funding under the Provincial Beautification and Streetscaping Program. Project A - Economic Development
and Tourism’s Parade Square Beautification Project and Project B - Community Development and Recreation’s
Trail Art Project.
Council gave direction through two separate motions prompting Staff to proceed with the application to the
Province for both projects. The Motion carried regarding the Parade Square Beautification Project was:
2020-223 MOVED by Councillor Barkhouse, SECONDED by Councillor Church that Council approve and
direct staff to proceed with the application to NS Municipal Affairs and Housing for Phase 1 of the Parade Square
Beautification Project, subject to the condition that the final design come back to Council for approval at a cost
of $25,000 to be matched by NS Municipal Affairs and Housing. MOTION CARRIED.
Prior to applying for the grant, Staff met with strategic partners for the project: Chester Garden Club and
Chester Village Commission (Chester Yacht Club Staff were invited; however, they did not respond to the
invitation to participate).
Staff proceeded with applying for funding under the Provincial Beautification and Streetscaping Program. The
original grant request was for the maximum amount available, $25,000, with Municipality of Chester (MOC) to
contribute matching funds. In early July of 2020, Staff were notified that MOC received a grant in the amount of
$12,500. The change in expected funding, as well as two additional concept plans brought forward for
consideration from community residents, prompted Staff to prepare several options for Council’s consideration.
As a result, Council made the following Motion at the October 1, 2020 Council meeting:
R e q u e s t f o r D i r e c t i o n P a g e | 2
2020-433 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that Council approve
Option 1 and proceed with Phase 1 of the Beautification and Streetscaping Plan project in an amount not to
exceed $37,500. Further, it is recommended that Council endorse, in principle the remaining phases and request
staff to conduct further community consultation through Voices and Choices and, if possible, in small groups to
receive feedback on the remaining phases prior to Council approval. ALL IN FAVOUR. MOTION CARRIED.
Phase One included new benches, a paver stone pathway between bandstand and Chester Yacht Club, fresh
paint on the bandstand, new waste receptacles, and new picnic tables.
In November 2020, Staff brought the proposed public consultation plan to Council which outlined the following
engagement methods:
Voices and Choices + Quick Polls
Open Houses/Public Q & A Sessions: due to the current COVID-19 restrictions on gatherings, staff will
monitor the situation and will proceed if there is an opportunity to do so.
Window box displays – i.e., post office
Newsletter distributed to all households
Monthly Zoom meetings
Council passed the following Motion at the November 26, 2020 Council Meeting:
2020-505 MOVED by Councillor Barkhouse, SECONDED by Warden Webber that Council approve the
proposed consultation plan as outlined in the Request for Decision prepared November 16, 2020 by Corporate
and Strategic Management regarding Beautification and Streetscaping Public consultation Program for Parade
Square. ALL IN FAVOUR. MOTION CARRIED.
DISCUSSION
Phase One
Phase One was completed in Summer 2021 and included the installation of new benches, picnic tables (including
a wheelchair accessible table) and a waste receptacle. The project also included refreshing the bandstand (new
roof and paint) and construction of three paver-stone pathways (one to the bandstand, one connecting the
property to the Chester Yacht Club and a new pathway in the existing garden). These improvements were
funded through the $12,500 Beautification and Streetscaping Grant program through Municipal Affairs and
Housing and $25,000 budgeted by MOC.
Public Consultation
Staff held three public consultation sessions in Chester: April 19, 2021, at St. Stephen’s Church (27 attendees),
July 27, 2021, at Picnic in the Park (2 attendees), and August 17, 2021, at Picnic in the Park (5 attendees). COVID-
19 restrictions had an impact of the level of in person consultation that could be undertaken.
Previous Staff led these in-person events. They summarized the feedback from those events as follows:
“The feedback is mostly positive, with the public supporting Phase 2 and 3 – but with recommended changes.
The most significant feedback we received was about potential changes to parking. Residents were
overwhelmingly against Phase 2’s compass rose circle with paver stones and, instead, the majority recommend
that we pave the road and mark proper parking spaces in front of the bandstand and the parking spaces facing
the Lido Pool. Resident feedback has also recommended the addition of accessible parking spots. Staff met with
R e q u e s t f o r D i r e c t i o n P a g e | 3
the regional manager from Dept. of Public Works, and the proposed addition of five, new parking spaces on
South Street, across from Parade Square would not be approved by the Province due to the narrow street.
Feedback on Phase 4 – the construction of the “look-out” platform is not supported due to the potential loss of
up to four parking spaces. The addition of more colorful perennial plants, and planters is welcomed by all
residents.”
A dedicated Voices and Choices page was also created (see Appendix ii: Voices and Choices Participant
Summary), and the project was featured in the Municipal newsletter. Monthly Zoom meetings were not held
due to lack of interest.
Voices and Choices feedback were coded into reoccurring themes (see Appendix iii: Coded Voices and Choices
Comments/Suggestions) with each response having a minimum of one code and a maximum of three. The most
significant finding shows 58% of the 26 commenters are against the proposed parking changes in Phases Two
and Three. Moreover, 34% of commenters voiced concern surrounding accessibility and potential danger to
children, mainly attributable to the proposed parking/traffic flow changes. Other notable findings show 23% of
respondents are against any proposed changes to the traffic flow in Parade Square, and 23% of respondents are
in support of aesthetic changes only. Only two respondents are in favour of the project with no amendments
(see Appendix iii: Coded Voices and Choices Comments).
Outstanding Phases:
Phase Two (TBD): Compass rose circle with new paver stone pathways, landscaping (i.e., new trees), and the
addition of 10 parking spaces on South Street, replacing those lost in front of the bandstand.
Phase Three (TBD): Addition of five parking spaces on South Street, landscaping (i.e., new garden beds and
trees), benches and picnic tables, additional waste receptacles.
Phase Four (TBD): Construction of the Lookout platform, pathway from Compass Rose to South Street, pathway,
and crosswalk to Lookout platform.
Feasibility, full costing, and quotes for Phases Two, Three and Four have not been calculated. A new drawing
would need to be created if recommendations are taken into effect, further impacting feasibility of quotes.
Moreover, accessibility standards would need to be analyzed, perhaps altering current drawing further.
Additional considerations include implementation of a permanent solution for the pathway to the Chester Yacht
Club where traction tape has been applied as a temporary solution as well as caution signs identifying the
pathway as “slippery when wet.” Staff from Infrastructure and Operations Department are currently
determining the most appropriate permanent solution.
OPTIONS
1. Direct Staff to hold additional consultation meetings.
2. Direct Staff to modify plan for Phases Two to Four based on public feedback received to date. Staff to
come back to Council with estimated costs and timeframe to do so.
3. Direct Staff to pause all efforts related to the Parade Square Beautification Project.
IMPLICATIONS
By-Law/Policy
N/A
R e q u e s t f o r D i r e c t i o n P a g e | 4
Financial/budgetary
Funding has previously come through Council ($25,000) as well as a one-time Federal grant ($12,500). There is
uncertainty surrounding availability of provincial and federal funding going forward.
Environmental
N/A
Strategic Priorities
The Parade Square Beautification Project 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. 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: Healthy & Vibrant Communities
1. Ensure residents have access to facilities, natural assets, programs, and services that enrich a quality of
life and provide safe communities for residents and visitors alike.
2. Develop an accessibility, diversity, and equity lens for municipal plans and services, and support partners
in advancing accessible and inclusive communities.
Work Program Implications
Included in current work program.
Has Legal review been completed? ___ Yes _ _ No __ N/A
COMMUNICATIONS (INTERNAL/EXTERNAL)
Staff held three public consultation sessions in Chester, including April 19, 2021 at St. Stephen’s Church (27
attendees), July 27, 2021 at Picnic in the Park (2 attendees), and August 17, 2021 at Picnic in the Park (5
attendees) which provided feedback on the project to hosting Staff.
Voices and Choices has been an outlet for engaged residents to provide feedback on the project. Suggestions
and feedback were also made available through Voices and Choices.
ATTACHMENTS
Appendix i: Parade Square Draft
Appendix ii: Voices and Choices Participant Summary
Appendix iii: Coded Voices and Choices Comments/Suggestions
R e q u e s t f o r D i r e c t i o n P a g e | 5
Appendix i: Parade Square Draft
R e q u e s t f o r D i r e c t i o n P a g e | 6
Appendix ii: Voices and Choices Participant Summary
R e q u e s t f o r D i r e c t i o n P a g e | 7
Appendix iii: Coded Voices and Choices Comments/Suggestions
REQUEST FOR DECISION
REPORT TO: Municipal Council
MEETING DATE: June 23, 2022
DEPARTMENT: Corporate and Strategic Management
SUBJECT: Code of Conduct
ORIGIN: Council Direction
Date: June 14, 2022 Prepared by: Tara Maguire, Deputy CAO
Date: June 15, 2022 Reviewed by: Dan McDougall, CAO
Date: June 15, 2022 Authorized by: Dan McDougall, CAO
RECOMMENDED MOTION
It is recommended that Council provide direction to staff on any suggested amendments to the draft policy and
refer to Council for first notice.
CURRENT SITUATION
At the April 28, 2022 meeting, Council requested a staff report and draft code of conduct.
BACKGROUND
In 2016, the Joint Municipal Accountability and Transparency (JMAT) Committee was established by the
Department of Municipal Affairs and Housing (DMAH), the Association of Municipal Administrators Nova Scotia
(AMANS), and NSFM. The JMAT Committee’s worked focused on transparency and accountability as it relates to
expense policies and reporting for municipal units. The final report of the JMAT Committee outlined several
recommendations on ways that municipalities could strengthen transparency and accountability. Two of the
recommendations relate to codes of conduct:
Amend the MGA and HRM Charter to require that all municipalities in Nova Scotia have a code of
conduct for elected officials, including minimum content and consequences if breached. Compliance
with the expense policy must be part of the code of conduct; and
Develop a formal process for municipal council and staff to report complaints.
Many of the recommendations from the JMAT report have already been introduced to the NS Legislature in Bill
No. 10 and Bill No. 50. Both bills have been passed by the legislature. Bill 10 was passed on October 26, 2017
and Bill 50 was passed on April 19, 2021.
Bill 10 was the first part of the amendments related to code of conduct and expense policies. The pieces related
to expense posting have been proclaimed however, the code of conduct pieces have not been proclaimed and
will not until the regulations have been developed. The code of conduct piece to be proclaimed will require each
municipality to adopt a code of conduct and every person should comply with the code in place.
A further amendment, Bill 50, included the requirement for municipalities to hire a third-party investigator to
investigate alleged breaches and to enable councils to discuss alleged breaches in-camera. Alotugh the
amendments are passed, they have not been proclaimed and will not until the regulations have been developed.
A Joint Municipal Code of Conduct Committee consisting of NSFM, AMA and DMHA representatives has been
R e q u e s t f o r D e c i s i o n P a g e | 2
formed and they are working on developing the regulations. It is anticipated that consultation around the
regulations will occur soon.
In 2018, NSFM provided municipalities with a template for a code of conduct that addressed the requirements
of the Municipal Governance Act (MGA). Municipalities are able to make changes as long as their codes of
conduct ultimately met the requirements in the MGA. Bill 10 defined a code of conduct as:
23A (1) Each municipality shall adopt a code of conduct.
(2) A code of conduct must:
(a) include a requirement for compliance with the expense policy and the hospitality policy for the
municipality.
(b) apply to the mayor or warden, councillors and positions prescribed by the regulations; and
(c) comply with the regulations.
One of the objectives of the Municipal Code of Conduct Committee is to make recommendations on provisions
and sanctions related to breaches of municipal codes of conduct. This is a result of the feedback heard during
the consultation on Bill 10. In November 2021, Council received correspondence from the Hon. John Lohr,
Mister of Municipal Affairs and Housing. The letter indicated that the Province is moving towards adopting a
legislative framework which prescribes mandatory minimum code requirements. The decision to legislate in this
area rather than leave codes at a council's sole discretion is consistent with the direction being taken by many
other provinces.
DISCUSSION
In 2016, many municipalities anticipated that the regulations for the Code of Conduct would be enacted with the
changes that required expense and hospitality policies. At that time, MOC chose to wait until the new
regulations were enacted, so that it was clear what requirements would be imposed. At that time it was not
clear how the code would be enforceable by Council or if a third party would be needed to review complaints.
Many towns and municipalities have already adopted a code of conduct based on the template provided the
NSFM. While this his is not an exhaustive list, municipalities that have adopted a Code of Conduct based on the
template include: Queens, County of Kings, Town of Mahone Bay, Town of Bridgewater, Town of Lunenburg,
District of Yarmouth, County of Cumberland, District of East Hants, Town of Wolfville.
The District of Lunenburg also has a code of conduct which also applies to staff. A copy of their policy which
dates back to 2007 is attached as Appendix B.
The Code of Conduct for East Hants is attached as Appendix C. It includes some sections that are not found in
the template policy. East Hants has provisions for Council’s role in enforcement of the Code of Conduct as well
as a process for any complaints made. The policy delegates authority to CA to administrator the complaint
process. The policy also notes that complaints are considered informal unless a form is submitted detailing the
issue/concerns. There is also guidance on how anonymous complaints are treated, the timelines for complaints
to be received and addressed. The policy also addresses remedial actions and penalties when a breach is
identified.
R e q u e s t f o r D e c i s i o n P a g e | 3
OPTIONS
1. Recommend the Code of Conduct receive first notice and be referred to second notice. Once the
province enacts changes through regulations, the policy may need to be reviewed again.
2. Provide direction to staff on changes to the code of conduct and refer back to the Council for first
reading.
3. Take no action until the Province enacts the regulatory changes through the regulations that are
currently in development.
IMPLICATIONS
By-Law/Policy
Currently there is no bylaw or policy that deals with conduct of Council. MOC does have a personnel policy that
addresses some aspects including: Conflict of Interest, Sexual Harassment, and Code of Ethics. These policies
apply to employees of the municipality. Council has also adopted an Expense Policy and a Hospitality Policy
which apply to both Council and Staff.
Financial/budgetary
Current there are no financial implications to adopting the policy. Once the provincial regulations are enacted
there may be some requirement to have an independent review process which could have a financial impact.
Environmental
N/A
Strategic Priorities
The Code of Conduct will assist the Municipality in advancing the following Priority Outcomes of the 2021-24
Strategic Priorities Framework:
Priority Outcomes: Governance & Engagement
1. Ensure municipal service delivery is efficient and effective, communicated and accessible.
2. Ensure municipal bylaw and policy frameworks reflect current and changing needs.
Work Program Implications
Will the subject of this report have an impact on staff’s work programs? Are additional resources needed or will the action
delay or change any timelines of the departmental work program?
Has Legal review been completed? ___ Yes X No __ N/A
This policy is based on a template which has already been adopted by a number of municipal units across the
province.
COMMUNICATIONS (INTERNAL/EXTERNAL)
ATTACHMENTS
Appendix A – Draft Code of Conduct
Appendix B – MODL Code of Conduct
Appendix C - East Hants Code of Conduct
Appendix D – Existing Personnel Policy Sections – Sexual Harassment, Code of Ethics, Conflict of Interest
Municipality of the District of Chester
Code of Conduct
Policy #111
Code of Conduct Policy
Notice of Intention to Adopt: Council – Month XX, 202X (202X-XXX)
First Notice: Council – Month XX, 202X (202X-XXX)
Second Notice: Council – Month XX, 202X (202X-XXX)
Effective Date: Month x, 202x
MUNICIPALITY OF THE DISTRICT OF CHESTER
POLICY #111
PURPOSE
1. The public expects the highest standards of professional conduct from Members elected to local
government. The purpose of this Code is to establish guidelines for the ethical and inter-personal
conduct of Members of Council (“Members”). The Council is answerable to the community
through democratic processes and this Code will assist in providing for the good government of
the Municipality of the District of Chester.
STANDARDS OF CONDUCT
2. Members shall uphold the law and at all times:
a. Seek to advance the common good of the municipality as a whole while conscientiously
representing the communities they serve;
b. Perform the function of office truly, faithfully and impartially to the best of their
knowledge and ability in accordance with the following core values:
i. Integrity – giving the municipality’s interests absolute priority over the private
individual interests;
ii. Honesty – being truthful and open;
iii. Objectivity – making decisions based on a careful and fair analysis of the facts;
iv. Accountability – being accountable to each other and the public for decisions
taken;
v. Leadership – confronting challenges and providing direction on the issues of the
day.
c. Uphold this Code as a means of promoting the standards of behaviour expected of
Members and enhancing the credibility and integrity of Council in the broader
community.
COUNCIL RESPONSIBILITIES
3. The Council (or its designated committee) will:
a. Review the municipality’s Code of Conduct as required and make any amendments
considered appropriate
b. Review, consider, or take other action concerning any violation of the Code of Conduct
which is referred to Council for consideration.
4. Where there is any conflict between the Code of Conduct and the requirements of any statute of
the provincial or federal government, provincial or federal statutes shall take precedence.
MEMBERS RESPONSIBILITIES
CONDUCT TO BE OBSERVED
Code of Conduct Policy
Notice of Intention to Adopt: Council – Month XX, 202X (202X-XXX)
First Notice: Council – Month XX, 202X (202X-XXX)
Second Notice: Council – Month XX, 202X (202X-XXX)
Effective Date: Month x, 202x
5. Members are agents of the public whose primary objective is to address the needs of the citizens.
As such, they’re entrusted with upholding and adhering to the by-laws of the municipality as well
as all applicable provincial and federal laws. As public servants, Members must observe a high
standard of morality in the conduct of their official duties and faithfully fulfill the responsibilities
of their offices, regardless of their personal or financial interests.
DEDICATED SERVICE
6. All Members should faithfully work towards developing programs to address the needs of the
citizens in the course of their duties. Members should strive to perform at a level which is
expected of those who work in the public’s interest.
RESPECT FOR DECISION-MAKING PROCESS
7. All Members recognize the responsibility of the Warden to accurately communicate the decisions
of the Council, even if they disagree with such decisions, such that respect for the decision- making
processes of Council is fostered.
CONDUCT AT MEETINGS
8. Members shall respect the chair, colleagues, staff and members of the public present during
Council meetings or other proceedings of the Municipality. Meetings shall provide an
environment for transparent and healthy debate on matters requiring decision-making.
RELEASE OF CONFIDENTIAL INFORMATION PROHIBITED
9. No Member shall disclose or release to any member of the public any confidential information
acquired by virtue of their office, in either oral or written form except when required by law or
authorized by the municipality to do so. Nor shall Members use confidential information for
personal or private gain, or for the gain of relatives or any person or corporation.
GIFTS AND BENEFITS
10. No Member shall show favoritism or bias toward any vendor, contractor or others doing business
with the municipality. Members are prohibited from accepting gifts or favors from any vendor,
contractor or others doing business with the municipality personally, or through a family member
or friend, which could give rise to a reasonable suspicion of influence to show favour or
disadvantage to any individual or organization.
USE OF PUBLIC PROPERTY
11. No Member shall request or permit the use of municipal-owned vehicles, equipment, materials
or property for personal convenience or profit, except where such privileges are granted to the
general public. Members shall ensure that the business of the municipality is conducted with
efficiency and shall avoid waste, abuse and extravagance in the provision or use of municipal
resources.
OBLIGATIONS TO CITIZENS
12. No member shall grant any special consideration, treatment, or advantage to any citizen or group
of citizens beyond that which is accorded to all citizens.
INTERPERSONAL BEHAVIOUR
13. Members shall treat every person, including other Members, corporate employees, individuals
providing services on a contract for service, and the public with dignity, understanding and respect
and ensure that their work environment is free from discrimination, bullying and harassment.
Code of Conduct Policy
Notice of Intention to Adopt: Council – Month XX, 202X (202X-XXX)
First Notice: Council – Month XX, 202X (202X-XXX)
Second Notice: Council – Month XX, 202X (202X-XXX)
Effective Date: Month x, 202x
COMMUNITY REPRESENTATION
14. Members shall observe a high standard of professionalism when representing the municipality
and in their dealings with members of the broader community.
GOOD GOVERNANCE
15. Members accept that effective governance of the municipality is critical to ensuring that decisions
are taken in the best interests of all stakeholders and to enable the municipality to function as a
good corporate citizen.
GOVERNMENT RELATIONSHIPS
16. Members recognize the importance of working constructively with other levels of government
and organizations in Nova Scotia and beyond to achieve the goals of the municipality.
CONFLICT OF INTEREST AVOIDANCE
17. Members are committed to making decisions impartially and in the best interests of the
municipality and recognize the importance of fully observing the requirements of the Municipal
Conflict of Interest Act, R.S.N.S. 1989, c. 299 with regard to the disclosure and avoidance of
conflicts of interest.
REPORTING BREACHES
18. Persons who have reason to believe that this Code has been breached in any way are encouraged
to bring their concerns forward. No adverse action shall be taken against any Member or
municipal employee, who, acting in good faith, brings forward such information.
CORRECTIVE ACTION
19. Any reported violation of the Code will be subject to investigation by the Council. Violation of this
Code by a Member may constitute a cause for corrective action. If any investigation finds a
Member has breached a provision of the Code, Council may impose corrective action
commensurate with the nature and severity of the breach, which may include a formal warning
or reprimand to the Member.
COMPLIANCE WITH CODE
20. Members acknowledge the importance of the principles contained in this Code which will be self-
regulated by Council. Councillors are required to sign a “Statement of Commitment to the Code”
(Attachment A) within seven (7) days of taking the Councillors’ oath pursuant to section 147 of
the Municipal Elections Act, R.S.N.S. 1989, c. 300.
PLANNING MATTERS REPORT
REPORT TO: Municipal Council
MEETING DATE: June 30, 2022
DEPARTMENT: Community Development & Recreation
SUBJECT: Rezone Properties Around Sherbrooke Lake
from General Basic to Lakeside Zone
ORIGIN: 2020-419 & 2021-230
Date: May 27, 2022 Prepared by: Garth Sturtevant, Senior Planner
Date: Reviewed by:
Date: June 23, 2022 Authorized by: Dan McDougall, CAO
APPLICATION OVERVIEW
Applicant: Initiated by requests from Wil-dor Park
Properties Owners Association and Sherbrooke
Forest Home Owners Association
Proposal: Rezone properties from GB to LS
Location: Properties around Sherbrooke Lake as
shown on the attached map
Zone: General Basic (existing)
Rezoning Required: X Yes __ No __ N/A
Neighbour Notification: All properties proposed for
rezoning and all properties within 30m of a property
proposed to be rezoned will receive a package to advise of
the proposed change and state the date and time of the
Public Hearing and how to appear or submit written
comments.
RECOMMENDED MOTION
As discussed later in this report, the staff recommendation differs from the motion approved by the Municipal
Planning Advisory Committee. Therefore staff are presenting both recommendations below:
1. MPAC RECOMMENDATION: That Municipal Council approve the rezoning of properties around
Sherbrooke Lake (within the Municipality of Chester) from the General Basic Zone to the Lakeside Zone,
and further that the Lakeside Zone extend 300m inland, beginning at the Ordinary High Water Mark,
with a change to the proposed wording that the listing of the Sherbrooke Lake United Church Camp as a
permitted use be changed to state that “not-for-profit camps” are a permitted use in the Lakeside Zone.
2. STAFF RECOMMENDATION: That Municipal Council approve the rezoning of properties around
Sherbrooke Lake (within the Municipality of Chester) from the General Basic Zone to the Lakeside Zone,
and further that the Lakeside Zone extend 300m inland, beginning at the Ordinary High Water Mark.
CURRENT SITUATION
Initiated in 2018 through discussions between members of the Wil-dor Park Properties Owners Association and
Municipal staff, the Lakeside Zone was recently approved and adopted by Municipal Council. This zone was
created in response to requests from Wil-dor Park and other lakeside communities who have approached
Council to seek additional land use controls and protections for residential lakeside developments.
With the Lakeside Zone now enabled and available in the Municipal Planning Strategy and Land Use By-law, this
report outlines a proposal to rezone properties around Sherbrooke Lake from the General Basic Zone to the
P l a n n i n g M a t t e r s R e p o r t P a g e | 2
Lakeside Zone. It should be noted that Sherbrooke Lake is unique, given that a substantial portion of the lake is
within the Municipality of the District of Lunenburg. Any references made in this report regarding the proposal
to rezone properties around Sherbrooke Lake will include only those properties located in the Municipality of
Chester.
BACKGROUND
The proposed rezone of properties around Sherbrooke Lake is a response to requests received from Wil-dor
Park Property Owners Association and Sherbrooke Forest Home Owners Association (Appendix A). The stated
intent of the requests was to protect existing and future residential development from commercial
developments, including campgrounds and RV Parks, while also requiring a vegetated buffer and increased
environmental regulations to protect water quality.
Council directed staff to create a zone to address these concerns that could be offered to other property owners
seeking similar protections. The zone was specifically designed to be a “one size fits all” that could be applied to
virtually any lake in the Municipality. The intent being that the Lakeside Zone would be available should other
groups seek similar protections in the future. This was a preferable approach to designing a specific zone for
Sherbrooke Lake, creating the perception that each group or lake should have unique zoning regulations
applied.
With the Lakeside Zone now adopted in the Municipal Planning Strategy, this report will outline the
considerations and policy analysis of applying the Lakeside Zone to properties around Sherbrooke Lake.
DISCUSSION
The following topics are worthy of discussion and consideration when considering whether properties on
Sherbrooke Lake should be rezoned:
Rezone All Properties Around a Lake
The direction from Council and intent of the Lakeside Zone states that the zone should be applied to all
properties around a lake. The reasoning for this approach is that selective rezoning would not have the intended
effect of regulating land use in a consistent manner that will help avoid potential conflicts. As noted previously,
Sherbrooke Lake is unique in that it falls partially within the District of Lunenburg. The reality is that the
Municipality does not have authority for properties that fall within another Municipal unit. With that
acknowledgement, the current proposal would see the Lakeside Zone applied to all properties around
Sherbrooke Lake within the Municipality of Chester.
Sherbrooke Lake United Church Camp
Staff have been approached by members of the executive council of the Sherbrooke Lake United Church Camp,
located on the Northwestern end of the lake, to discuss how the rezoning to Lakeside Zone may impact their
existing and planned operations.
A meeting was held between Municipal staff and representatives from the Camp to discuss these issues. As a
result of these discussions, and comments made at the Public Information Meeting by members of the public in
support of the Sherbrooke Lake Camp, staff are proposing to list the Sherbrooke Lake United Church Camp as a
permitted use within the Lakeside Zone. This will ensure that the camp can continue its current operations and
may expand operations on the current site. This will protect the ability of the Camp to continue revenue
generation activities outside of weekly camps, such as hosting wedding receptions. Without such protection,
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these activities would likely fall under a commercial use designation and could be limited or prohibited by the
Lakeside Zone. Given the low frequency of these events, the existing location of the camp and the remoteness
of the site in relation to neighbouring properties, staff are of the opinion that these minor commercial uses will
not create a land use conflict with surrounding properties that are currently or may come into Residential use.
The Camp does not currently have plans to expand beyond the existing property. If a major expansion was
desired in the future, an amendment to the Land Use By-law could be considered to include an additional
property as part of the existing use. This would involve public notice and engagement at the time to ensure the
surrounding property owners and wider community were aware of the expansion plans and any mitigation or
concerns were addressed.
The Sherbrooke Lake United Church Camp is an important community asset that has existed harmoniously in the
community for many years. Additionally, the Camp is unique in the Municipality and staff propose that it
deserves special attention and protection by codifying it within the Lakeside Zone as a permitted use.
Primary Processing and Forestry Processing
Questions posed during the amendment process to create the Lakeside Zone, asked how Forestry operations
may be impacted. This became a topic of debate as the Municipality has jurisdiction over most land uses,
however, the act of cutting trees (forestry) is a Provincially regulated activity and therefore not subject to
Municipal regulations.
The Lakeside Zone, in keeping with the approach taken in the Municipal Planning Strategy and Land Use By-law,
regulates only Primary Processing and Forestry Processing. These defined terms are specific to when a product
or material is produced through a process such as refining or milling of a raw material. An example would be a
sawmill which process a raw resource into a product (lumber). The Lakeside Zone has requirements for permits
and moderate setbacks for land use and structures related to Primary Processing or Forestry Processing.
Vegetated Buffer
A key feature of the Lakeside Zone is the requirement to maintain a 10m vegetated buffer, beginning at the
Ordinary High Water Mark. The zone includes allowances to clear pathways to allow access and views of the
lake. There are also provisions allowing the removal of dead or diseased trees that may pose a hazard.
A common question heard during discussion on the Lakeside Zone, was how the vegetated buffer requirement
would apply to lots already cleared and whether “reinstatement” (replanting) would be required. The first
important distinction to make is that the Municipal Government Act, which provides authority to Municipalities
to make Land Use By-laws and regulations, states that Municipal authority is limited to actions taken “in relation
to a development”. This means that any regulations in the Land Use By-law only come into effect when there is a
development proposed or already in place on a lot. In a typical situation this would result in an application for a
Development Permit and Building Permit being submitted, where it would be noted that existing vegetation
must be retained. This would be included as information on the permit and if not adhered to, could result in a
violation of the Land Use By-law.
If land is cleared, that is not in relation to a development, the MGA does not provide authority for a Municipality
to require retention of vegetation. This could mean clearing or cutting trees, with no plans or intent to build or
develop the lot. The zone has been drafted to ensure that any existing/remaining vegetation within 10m of the
OHWM must be retained. In the case of a developed lot, this does not require replanting, but rather to maintain
existing vegetation if cleared beyond the allowances provided for in the Lakeside Zone.
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The only circumstance where a property owner may be required to replant or reinstate the vegetated buffer, is
if there is evidence that the property owner intentionally cleared the lot with plans to then apply for a
development permit to circumvent the regulations.
Gully Lake
In considering rezoning properties around
Sherbrooke Lake, a question has been raised
during several public meetings as to whether
Gully Lake will also be included in the rezoning. As
shown on Figure 1, Gully Lake is directly
connected to Sherbrooke Lake and is part of the
same water body, with no land or other
distinguishing feature indicating where one would
end and the other begin.
Upon review of GIS data, it is apparent that Gully
Lake has been named, but that this naming
reflects only a location and name in the Official
Place Names list, maintained by the Province.
Being on this list does not provide any evidence
that this is a unique waterbody which would
justify consideration separate from Sherbrooke
Lake.
There is no common definition for describing the
size of a lake. Generally, a lake is a fresh water
body, but is not specifically distinguished from
other inland water bodies such as ponds.
Staff believe that the name Gully Lake is a
historical name associated with this section of
water, but that there is no scientific reason to
separate Gully Lake from Sherbrooke Lake for the
purposes of this rezoning. When considering the
purposes of the Lakefront Zone, staff believe that
the same regulations should be applied equally to
properties along all of Sherbrooke Lake, including Gully Lake. This is in keeping with the approach and intent
approved by Council that the zone would be applied to an entire lake.
For the purposes of discussion, Figure 2 provides a picture of what the rezoning would look like if Gully Lake was
separated from Sherbrooke Lake in comparison with universal zoning applied to all properties bordering
Sherbrooke (including Gully Lake) Lake.
Figure 1 - Sherbrooke Lake & Gully Lake
Gully Lake
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A decision to not include Gully Lake, based on the lack of scientific or logical arguments in favour of this
approach would weaken the environmental and residential character protections contained in the Lakeside
Zone. It should also be noted, that as there is no scientific method for determining the boundaries of each lake,
staff have created this map based on contour lines and selecting the highest point of land between the two
place names. It is essential to understand that Figure 2 has been produced for comparison purposes only. It is
intended to support the logic of applying the Lakeside Zone to all properties around Sherbrooke and Gully Lake.
Staff believe that the place name assigned to Gully Lake could justifiably be named Gully Bay or Gully Cove.
There are numerous other examples across Nova Scotia where similar features are and are not named the same
as the main lake. With no consistent metric to evaluate where one lake ends and the other begins, staff support
the initial concept to rezone all properties around Sherbrooke Lake (including Gully Lake). This approach would
be the most impactful by including all properties under the jurisdiction of the Municipality of Chester.
Figure 2 – Map on left showing Lakeside Zone (tan/orange) applied to all properties around Sherbrooke Lake (including Gully Lake). Map on right
(created for comparison purposes only) showing Lakeside Zone (tan/orange) applied to properties only on Sherbrooke Lake and treating Gully Lake as a
separate waterbody with continuation of General Basic Zone.
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Depth of the Lakeside Zone on Sherbrooke Lake
Another important
consideration for this
rezoning, is the extent of
the Lakeside Zone. The
zone is designed to apply
to properties surrounding
a lake but does not have a
specific “depth” that it
must be applied. In all
cases the zone would
begin at the Ordinary High
Water Mark and extend
inland for a specified
distance. Policy in the
Municipal Planning
Strategy calls for each lake
to be considered
independently based on
factors including
topography, existing
development patterns and
other factors that may
influence the effectiveness
of the zone in achieving its
stated goals.
In the case of Sherbrooke
Lake, staff heard
suggestions ranging from
100m to 500m. Staff
prepared a map (figure 3)
for discussion showing the
Lakeside Zone at 300m
(red line) and 500m
(orange line).
It is important to keep the goals and intent of the zone in mind when considering an appropriate depth of the
Lakeside Zone for a given lake. Beyond the extent of the Lakeside Zone, the General Basic Zone will apply which
would permit a wide range of uses through a variety of approval mechanisms based on the intensity of the use.
The Lakeside Zone should be applied in a manner that adequately buffers both the lake and existing residential
development from uses that are likely to have a negative impact on water quality or to create land use conflicts
with the existing low density residential community character found on Sherbrooke Lake.
Considering factors such as the existing development pattern, local topography and prior existing uses
(Sherbrooke Lake United Church Camp, Forestry operations etc.), staff believe that the Lakeside Zone should be
applied for a minimum of 300m inland from the Ordinary High-Water Mark. Staff would not object to the
Figure 3 - Red Line shows a 300m extent. Orange Line shows 500m extent
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application of the zone at a depth of 500m, and there were calls for this depth from property owners at the
Public Information Meeting. A depth of less than 300m would significantly reduce the effectiveness and intent of
the zone. A 500m depth would likely improve the function of the zone, particularly to the southeast, where the
lots within the Deep Cove subdivision extend even beyond the 500m mark.
Municipal Planning Strategy Policy Analysis
Policy Analysis & Staff Comment:
Policy V-8
Council shall consider more restrictive planning
regulations when a group of residents has shown that
it wishes to consider such regulations. Council shall
undertake a public engagement program to
understand the wishes of local residents and
property owners before creating or approving any
amendments.
The Lakeside Zone was created in response to
requests from several property owner groups
approaching Council to request additional land use
protections. In the case of Sherbrooke Lake, Wil-dor
Park and Sherbrooke Forest Property Owners
formally requested to be rezoned to the Lakeside
Zone.
Policy V-9
Notwithstanding Policy V-8, Council, on its own
initiative, may consider more restrictive provisions
of the Planning Strategy and the Land Use By-law
where Council deems that such land use control is in
the best interests of the Municipality.
This policy provides Council with the mandate to
apply the Lakeside Zone to properties with or without
consent of the landowner. In cases where a lake-wide
rezoning of properties is being considered, there may
be one or more property owners opposed to the
rezoning. This policy provides the mandate for
Council to make a decision with the interest of the
overall Municipality in mind.
Policy V-10
Council intends to control land use and
development in a manner that will lessen conflicts
between land uses and in a manner that is
compatible with the existing pattern of land use in
the Municipality.
The Lakeside Zone is designed to protect Residential
character and quiet enjoyment of property. This is
typical of developments on lakes in “cottage
country”. The Lakeside Zone includes protections
from large-scale commercial and industrial uses
which may not be compatible with residential uses.
Policy G-18
In connection with a development, Council may
regulate or require the planting or retention of
trees, and vegetation for the purpose of
landscaping, buffering, sedimentation or erosion
control.
The Lakeside Zone requires the retention of a
vegetated buffer of 10m from the Ordinary High
Water Mark.
The intended impact of the vegetated buffer is to
reduce and slow run-off and thereby protect water
quality.
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Policy Analysis & Staff Comment:
Policy G-24
Council shall regulate the rearing, breeding,
boarding, sheltering and keeping of Farm Animals
only within specified zones as detailed in the Land
Use By-law. In all other areas, the rearing, breeding,
boarding, sheltering and keeping of Farm Animals
does not require a development permit.
The keeping of farm animals is regulated within the
Lakeside Zone in the interest of protecting water
quality. This includes minimum lot sizes for the
keeping of farm animals and setbacks for fenced
areas, structures housing animals and manure piles
from property lines and the Ordinary High Water
Mark.
Policy G-31
The Land Use By-law may establish regulations for
Recreational Vehicles varying by zone, including
yard setbacks, requirement for temporary
Development Permit, length of stay, placement on
vacant lots and other regulations as specified.
The Lakeside zone includes regulations for
Recreational Vehicles, including the requirement to
obtain a Development Permit.
Policy E-6
Council may work with developers and other local
partners to implement ongoing water quality
monitoring projects, where deemed necessary.
Council has an established Committee (shared with
the Municipality of Lunenburg) to monitor and
conduct water quality testing on Sherbrooke Lake.
Application of the Lakeside Zone supports protecting
water quality.
Policy E-12
A natural vegetated buffer shall maintain mostly
existing vegetation, as specified in the Land Use By-
law.
The Lakeside Zone is the only zone in the Municipal
Planning Strategy that includes requirements to
maintain a vegetated buffer for as-of-right
development.
Policy E-14
The Municipality shall explore programs and
partnerships that encourage residents and
businesses to repair or replant buffers where
vegetation has been removed.
The Lakeside Zone does not require replanting or
reinstatement of a vegetated buffer unless the
removal is a willful attempt to circumvent
regulations. Lots that are previously cleared, will be
encouraged, but under no obligation to replant
vegetation at the water’s edge.
Policy E-15
The Municipality shall explore programs and
partnerships to monitor and report on freshwater
quality, as needed.
With an existing monitoring program in place for Fox
Point Lake, rezoning properties to Lakeside Zone is an
additional step Council may consider to help protect
water quality of the lake.
Policy E-16
The Lakefront Overlay shall be created which may
be applied to all zones and shall be applied to land
surrounding lakes as indicated in the Land Use By-
law.
The Lakeside Zone has been designed to work in
compliance with the Lakefront Overlay. Properties
within the Lakeside Zone may also be subject to the
requirement of the Lakefront Overlay.
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Policy Analysis & Staff Comment:
Policy E-18
Lakefront development may require vegetated
buffers, stormwater standards, limited paving
surfaces and wastewater management districts
depending on the size of development, as specified
in the Land Use By-law.
The Lakeside Zone requires maintenance of a
vegetated buffer of 10m from the Ordinary High
Water Mark.
Policy E-42
For the purpose of protecting water quality from the
impacts of development and associated runoff, the
lakeside Zone shall have flexibility when defining
boundaries based on Council’s site-specific
decisions. Zones typically follow property
boundaries however this approach is to safeguard
water quality by enabling potential zoning of
properties along the shoreline and the properties
inland from the lake. Council shall make a decision
on the extent of the zone based on criteria such as
local context, lot size, proximity to public roads, and
lakeside community character.
The Lakeside Zone is proposed to extend 300m from
the Ordinary High Water Mark of Sherbrooke Lake.
Policy E-43
In the Lakeside (LS) Zone, the permitted land uses,
levels of land use intensity, and approval processes
shall be tiered according to their assigned level, and
shall:
a) Permit up to two (2) dwelling unit per lot;
b) Permit limited home-based business uses as
outlined in Land Use By-Law;
c) Permit Forestry Processing uses as outlined
in the Land Use By-law;
d) Permit Farm Animals as outlined in the Land
Use By-law;
e) Prohibit industrial, institutional, and
commercial uses.
This policy describes the type and intensity of land
uses permitted in the Lakeside Zone. Properties
proposed to be rezoned to Lakeside Zone will be
subject to these regulations outlined in the Land Use
By-law.
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Policy Analysis & Staff Comment:
Policy E-44
The Land use by-law shall allow for the following
uses in the Lakeside (LS) Zone by development
permit:
a) Up to two (2) dwelling units on a lot;
b) Limited home-based businesses;
c) Rearing, breeding, boarding, sheltering and
keeping of Farm Animals subject to
provisions as specified in the Land Use By-
Law;
d) Forestry Processing.
This policy describes the type and intensity of land
uses permitted in the Lakeside Zone. Properties
proposed to be rezoned to Lakeside Zone will be
subject to these regulations outlined in the Land Use
By-law.
Policy E-45
May require conservative lot standards, yard
requirements, setbacks, retention, or establishment
of vegetative buffers, and building size controls to
protect lake health and preserve natural vegetation.
The Lakeside Zone requires new lots to maintain a
minimum lot area of 0.4 hectares. Yard setbacks and
requirements to maintain a vegetated buffer are also
included to help protect water quality of the lake.
Policy E-46
Shall not consider rezoning lands from the Lakeside
(LS) zone to any other zones enabled within the
designation without amendments to the Municipal
Planning Strategy.
This policy is in place to ensure that properties that
are within the Lakeside Zone are not arbitrarily
rezoned to another zone in the Land Use By-law. This
policy helps protect the integrity of the zone and
ultimately water quality.
Policy E-48
May continue to support lake monitoring programs
and the effect of development on lake water quality.
Sherbrooke Lake has an existing water quality
monitoring program, that is partially funded by the
Municipality. Application of the Lakeside Zone
supports the protection of water quality of
Sherbrooke Lake.
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Policy Analysis & Staff Comment:
Policy A-27
When considering amendments to a land use by-law
or a subdivision by-law, Council shall consider the
following:
a) that the amendment meets the intent of the
Municipal Planning Strategy and the intent of
any relevant Secondary Planning Strategies;
b) that the amendment conforms to all relevant
Municipal By-laws;
c) that the applicable public consultation
program has been followed and residents’
opinions have been carefully considered;
d) that the amendment is in the best interest of
the Municipality.
A change in zoning from General Basic Zone to
Lakeside Zone constitutes an amendment to the Land
Use By-law.
a) Rezoning properties around Sherbrooke Lake
to Lakeside Zone is in keeping with the intent
of the Municipal Planning Strategy.
b) Yes
c) Yes, the Public Participation Program is being
undertaken according to policy and past
practice. This will not be complete until a
Public Hearing has been duly advertised and
held.
d) Staff support the request of the property
owner associations seeking increased land
use regulations for properties around
Sherbrooke Lake.
Policy A-28
When evaluating a rezoning application, Council
shall consider other potential developments and
uses that may be permitted as a result of a proposed
zone change.
The Lakeside Zone will impose new regulations and
limitations on development. This is intentional to
maintain a primarily residential environment that is
not subject to large, intensive, and disruptive land
use activities while also improving and protecting
water quality.
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Policy Analysis & Staff Comment:
Policy A-29
Applications for a Land Use By-law amendment shall
show:
a) the location, area, and dimensions of the
subject property;
b) the proposed location, dimensions, height,
and proposed use of all buildings;
c) the means by which the site is to be serviced
by sanitary and storm sewers, water,
electrical service and other utilities;
d) the location of any parking stalls, driveways,
walkways, lighting, fencing, refuse
containers, and snow storage;
e) landscaping elements including existing and
proposed shrubs and trees;
f) architectural features where such features
are regulated by the planning document;
g) additional reports or environmental studies
as requested by the Municipality.
Policy A-29 is not applicable in this case. The rezoning
file will not directly involve a development. Rather,
Council wishes to consider rezoning at the request of
several property owner groups seeking additional
protections of the existing residential community
around Sherbrooke Lake.
Policy A-30
When considering amendments to the Land Use By-
law, Council shall be satisfied that the proposal is
appropriate with respect to:
a) compatibility of the proposed land uses
permitted within the proposed zone;
b) compatibility of the development, and
potential developments, with adjacent
properties in terms of size, lot coverage and
density;
c) potential compatibility issues with nearby
land uses resulting from lighting, signage,
outdoor display and storage, traffic, vehicle
headlights, and noise;
d) the adequacy of sewer services, water
services, waste management services and
stormwater management practices;
e) efficient use of existing and new municipal
infrastructure;
f) proximity to and impact on heritage sites and
archaeological sites;
g) the proximity and capacity of schools;
h) the adequacy and proximity of recreation
and facilities;
i) the adequacy of the road network in,
adjacent to, or leading to the development;
a) Yes, most of the developed properties within the
area proposed to be rezoned are in residential use.
There are also large tracts of vacant land, which may
be subdivided and developed or used for forestry
operations. The Lakeside Zone will increase the level
of land use regulation and offer additional certainty
and protection for this residential character.
b) There is no development proposed as part of this
rezoning. However, the Lakeside Zone is designed to
reduce land use conflicts between residents and
other land uses. The Zone includes minimum lot size,
yard setbacks and limits on the type and intensity of
uses, which are designed to protect a quiet
residential living environment.
c) Similar to b) above, there is no proposed
development to accompany this rezoning. Existing
uses will be permitted to continue, but the
application of the Lakeside Zone is intended address
the issues raised in this policy statement.
d) Not applicable to this rezoning file. Existing and
new developments require approval from Nova
Scotia Environment to design and install on-site
septic systems.
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Policy Analysis & Staff Comment:
j) the potential for erosion or for the
contamination or sedimentation of
watercourses;
k) environmental impacts such as air and water
pollution and soil contamination;
l) previous uses of the site which may have
caused soil or groundwater contamination;
m) suitability of the site in terms of grades, soil
and bedrock conditions, location of
watercourses, water bodies or wetlands;
n) the ability of emergency services to respond
to an emergency at the location of the
proposed development;
o) the proposal and the proposed zone support
the intent of this strategy; and
p) the financial ability of the Municipality to
absorb any costs relating to the amendment.
e) Virtually all lots on Sherbrooke Lake are accessed
via a network of private roads. There is no known
Municipal infrastructure in the area proposed to be
rezoned. No impacts to existing or new infrastructure
are anticipated as a result of this rezoning file.
f) No impacts are known or anticipated. The rezoning
will limit development intensity and impact on the
area proposed for rezoning.
g) Not applicable to this rezoning file.
h) Not applicable to this rezoning file.
i) Virtually all lots on Sherbrooke Lake are accessed
via a network of private roads. These private roads
connect to Provincially owned public roads. The
creation of new lots is governed by the Subdivision
By-law which considers lot access among other
criteria.
j) The Lakeside Zone is designed to protect water
quality. The requirement to maintain a vegetated
buffer will assist in preventing erosion and run-off
from reaching the lake. Limited land use activity and
intensity will also offer protection to water quality.
k) No impacts are anticipated. No development is
proposed as part of the rezoning.
l) No known issues or concerns with previous land
uses. If any, the previous use would likely have been
forestry operations in some areas around the lake.
m) Not applicable, the rezoning applies to many
properties.
n) Private road networks serve most of the developed
areas around Sherbrooke Lake. These road networks
access Provincially owned Public Roads. No change to
existing road networks is proposed as part of this
rezoning.
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Policy Analysis & Staff Comment:
o) Yes, application of the Lakeside Zone supports the
intent and policies of the Municipal Planning
Strategy.
p) No costs are anticipated as part of this rezoning
file.
PUBLIC INFORMATION MEETING
Municipal staff hosted a Public Information Meeting on March 29, 2022 at the Forties Community Centre. The
purpose of the meeting was to provide information and respond to questions and comments regarding the
proposed rezoning of properties around Sherbrooke Lake.
The meeting began at 6:00pm and included a presentation from staff outlining the intent and features of the
Lakeside Zone in addition to the request and proposed rezoning of properties around Sherbrooke Lake. Staff
then took questions from the audience and provided information on the rezoning process. Approximately 21
members of the public were in attendance.
Questions and comments expressed by members of the public included:
Q What is the timeframe for the rezoning?
Q How is a dwelling unit defined?
Q Will the setback and regulations be uniform around the lake?
Q Is this rezoning, as an amendment to the Land Use By-law, appealable?
Q Will portable sawmills be permitted within the Lakeside Zone?
C A portable sawmill is a piece of equipment and should not be considered a stationary building
Q Does the Lakeside Zone limit density?
C What you are proposing is acceptable, 300m seems reasonable for the depth of the Lakeside Zone for
Sherbrooke Lake
Q I have a couple of wood camps that are on trailers that I haul around, would they require a development
permit?
Q Could there be varying setbacks for more and less densely developed part of the lake?
C The biggest impact on water quality is septic systems, which are approved by Nova Scotia Environment.
C I have 3 PIDs on the Sherbrooke Lake in the Sherbrooke Forest and would like to support the buffer of
500m from the shoreline. 500m is best suited and necessary to protect the properties and the region
environmentally in the future.
C Support a Lakeside Zone depth of 500m on the east side of Sherbrooke Lake, including Gully Lake.
Respectfully suggest that 10m for the vegetative buffer seems a but too small, especially with the
allowance for clearing 30% of it. 20m would be much better.
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MUNICIPAL PLANNING ADVISORY COMMITTEE MEETING
On Wednesday June 15, 2022, members of the Municipal Planning Advisory Committee met to review and
discuss the proposed rezoning. The Senior Planner reviewed the staff report and responded to questions from
members of the Committee.
One member of the Committee questioned the decision to list Sherbrooke Lake United Church Camp as a
permitted use in the zone. The member felt it would be more appropriate to alter the language to something
more general, to be inclusive of other similar land uses if or when the Lakeside Zone was considered for other
lakes in the future.
There was some discussion over this proposal, staff believe in this case it is appropriate to specifically name
Sherbrooke Lake United Church Camp. Staff have confirmed that this is the only such camp/land-use located in
the Municipality of Chester. Sherbrooke Lake United Church Camp has existed on the lake for many years and is
well regarded within the community. There have been no known land use conflicts and the location of the camp
is fairly remote in relation to the majority of the homes and cottages on Sherbrooke Lake. Staff feel this series of
factors makes the camp unique and thereby justifies listing it as a permitted use in the zone. This will allow the
camp to continue operations unimpeded. There is no guarantee that a new camp developed in the Lakeside
Zone will adhere to the standards or be accepted by the community in the way that Sherbrooke Lake United
Church Camp is currently.
Additionally, the Lakeside Zone is currently only proposed for Sherbrooke Lake. If the Lakeside Zone is
considered for other lakes in the future, it would include a review of existing land uses on that lake to determine
whether any special protections are warranted. Any special protections should be carefully weighed against the
intent and purpose of the Lakeside Zone, being to protect water quality as well as a low-density residential living
environment. Amending the proposed language to an open-ended “not-for-profit camp”, would allow the
development of other camps anywhere in the Lakeside Zone with no public approval process.
The comments expressed by the Committee member are well intentioned, however, in this instance would work
against the intent of the zone. Altering the language to permit any “not-for-profit camp” or similar language,
would allow new development of this type “as-of-right” within the Lakeside Zone. With As-of-Right
development, there is little control and no ability to regulate noise, traffic flow, hours of operation or specific
activities related to the camp. This would directly weaken the protections offered by the Lakeside Zone, that
were requested by residents on Sherbrooke Lake. Staff recommend maintaining the proposed language to
specifically identify Sherbrooke Lake United Church Camp as a permitted use in the Lakeside Zone.
Several members of the public were also in attendance and were provided an opportunity to address the
Committee. One member of the public expressed concerns that education is needed to ensure that residents
understand the differences in authority and legislation between Municipal and Provincial governments. In
particular, there was concern expressed that the current wording in the Lakeside Zone does not explicitly state
that Forestry is authorized by the Province and not subject to Municipal authority.
It was noted that the Lakeside Zone and supporting language has been approved in the Municipal Planning
Strategy. The purpose of this meeting is to discuss the application of the Lakeside Zone to Sherbrooke Lake. Any
proposed changes to the Lakeside Zone would need to be brought forward to Council as a Municipal Planning
Strategy amendment. In addition, there was discussion around the need for education regarding the rezoning
and information that could be sent to current property owners to advise of the new regulations and what they
do and do not have authority over.
P l a n n i n g M a t t e r s R e p o r t P a g e | 16
Following debate and discussion, the Committee opted to pass a motion other than those recommended by
staff, to include a generalized allowance for the development of any not-for-profit camp as-of-right within the
Lakeside Zone as follows:
MOVED by Lee Harnish, SECONDED by Hugh Harper, that the Municipal Planning Advisory Committee
recommend that Municipal Council approve the rezoning of properties around Sherbrooke Lake (within the
Municipality of Chester) from the General Basic Zone to the Lakeside Zone, and further that the Lakeside
Zone extend 300m inland, beginning at the Ordinary High Water Mark, with a change to the proposed
wording that the listing of the Sherbrooke Lake United Church Camp as a permitted use be changed to state
that “not-for-profit camps” are a permitted use in the Lakeside Zone. MOTION CARRIED.
OPTIONS
As discussed, the motion passed by the Municipal Planning Advisory Committee differs from the staff
recommendation. Both recommendations are noted below. If Council moves to proceed with the rezoning, staff
are seeking a second motion to set a date for the Public Hearing.
1. MPAC RECOMMENDATION: That Municipal Council approve the rezoning of properties around
Sherbrooke Lake (within the Municipality of Chester) from the General Basic Zone to the Lakeside Zone,
and further that the Lakeside Zone extend 300m inland, beginning at the Ordinary High Water Mark,
with a change to the proposed wording that the listing of the Sherbrooke Lake United Church Camp as a
permitted use be changed to state that “not-for-profit camps” are a permitted use in the Lakeside Zone.
2. STAFF RECOMMENDATION: That Municipal Council approve the rezoning of properties around
Sherbrooke Lake (within the Municipality of Chester) from the General Basic Zone to the Lakeside Zone,
and further that the Lakeside Zone extend 300m inland, beginning at the Ordinary High Water Mark.
3. That Municipal Council reject the proposed rezoning of properties around Sherbrooke Lake from
General Basic Zone to the Lakeside Zone.
If Council approves Options 1 or 2 above, staff also recommend the following:
1. That Municipal Council set a date for the Public Hearing for July 28th beginning at 6:30pm in Municipal
Council Chambers, 151 King Street
2. That Municipal Council set a date for the Public Hearing (please specify a date) beginning at (please
specify time) in Municipal Council Chambers, 151 King Street
IMPLICATIONS
By-Law/Policy
The proposed rezoning will affect the Municipal Land Use By-law. Policy changes are not required, and enabling
policy was established in the Municipal Planning Strategy during the creation of the Lakeside Zone.
P l a n n i n g M a t t e r s R e p o r t P a g e | 17
Financial/budgetary
There are no known significant costs associated with the request to rezone lands around Sherbrooke Lake. Staff
time and minimal costs for organizing meetings are the only cost incurred to date. Once implemented there are
no expected ongoing costs.
Environmental
There is no anticipated environmental impact on Municipal operations. This zone is aimed at regulating private
development on lakes. There is no municipal infrastructure serving the communities proposed to be rezoned.
Strategic Priorities
The rezoning of properties around Sherbrooke Lake to the Lakeside Zone will assist the Municipality in advancing
the following Priority Outcomes of the 2021-24 Strategic Priorities Framework:
Priority Outcomes: Economic Development
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: Environmental Stewardship
Support environmental conservation & protection initiatives and efforts to tackle the impact of climate
change.
Priority Outcomes: Governance & Engagement
Ensure municipal service delivery is efficient and effective, communicated, and accessible.
Ensure municipal bylaw and policy frameworks reflect current and changing needs.
Work Program Implications
There are no anticipated impacts associated with this rezoning.
Has Legal review been completed? No
COMMUNICATIONS (EXTERNAL)
Outreach and communication to date has followed the policies and practices of the Municipalities Public
Participation Program as outlined in the Municipal Planning Strategy.
As required by the Municipal Planning Strategy, the following has been completed:
a Public Information Meeting held on March 29th at the Forties Community Centre
Newspaper advertisement to advise of the Municipal Planning Advisory Committee meeting
Posting advertisements on Municipal Office doors, Social Media and the Municipal Website Calendar
Previous notice of the creation of the Lakeside Zone. This is not officially part of the engagement for this
rezone file, however, this recent work did serve to notify property owners of an anticipated change in
the zoning around Sherbrooke Lake.
Outreach yet to be completed:
P l a n n i n g M a t t e r s R e p o r t P a g e | 18
Newspaper advertisements will run twice for two consecutive weeks to advise of the date and time of
the Public Hearing (this follows 1st Reading by Municipal Council)
Notice of the Public Hearing will be posted on Municipal Office doors, Social Media and the Municipal
Website Calendar
Individual notification packages will be mailed directly to property owners whose property is proposed
to be rezoned, in addition to property owners within 30m of any property proposed to be rezoned. This
notice will advise of the proposed rezoning and detail the date and time of the Public Hearing where
members of the public may submit written or present verbal comments to Council in support or
opposition to the proposed rezoning.
ATTACHMENTS
Appendix A – Letter of request from Wil-dor Park and Sherbrooke Forest requesting rezoning
Appendix B – Text Amendments to Municipal Land Use By-law
Appendix C – Zoning Map Amendments to Municipal Land Use By-law.
Michael Morrison
11 September 2020
Municipality of Chester Council
151 King Street
PO Box 369
Chester, NS BOJ 1J0
Warden & Council Members;
Wil-Dor Park (see enclosed graphic) is a distinct community on the shores of Sherbrooke
Lake. There is a Joint Stocks registered Owners Association for the Park which has
recognized not -for-profit status. Road maintenance funds for the 12 kilometer long road
providing access to Wil-Dor Park are collected in conjunction with municipal property taxes
($2350.00 in fees were charged to do this in 2020). All maintenance funds collected must be
directed towards road related expenses.
With finalization of the Chester Municipality Land Use By-law effective 09 January 2020 Wil-
Dor Park was assigned a General Basic zone designation. . Details on zone designation were
provided to all. Wil-Dor Park residents. Property Owners in Wil-Dor Park have concerns with a
General Basic designation and feel a Settlement Residential One designation would be more
appropriate for our Park - clearly prohibiting things like campgrounds, RV parks, kennels,
manufactured homes, shipping containers and heavy industry - limitng possible impact on the
road which our association provides money to maintain. A formal vote was taken on seeking a
change to our zone designation at our 2020 Annual General Meeting - over 95% were in
favour of seeking a change to Settlement Residential One designation - one more suitable to
the cottage/recreational/home community which exists in Wil-Dor Park.
We have been advised that to formally seek a change in zone designation there is an
application fee of $500 and an advertising deposit of $500 required. This is a significant
amount of money that our Owners Association does not have.
We would ask that, based on our particular situation, council consider waiving the requirement
for these fees and deposits.
Should you require any more information on this issue or want me to make a presentation to
council let me know.
Michael Morrison
President
Wil-Dor Park Property Owners Association
MUNICIPALI'T'Y OE TIIE
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Robin McAdam
Email:
Phone
22 February 2021
Municipality of Chester Council
151 King Street
PO Box 369
Chester, NS
B0J 1J0
Warden & Council Members;
With finalization of the Chester Municipality Land Use By-law effective 09 January 2020
Sherbrooke Forest was assigned a General Basic zone designation. Details on zone
designation were provided to all Sherbrooke Forest residents.
Sherbrooke Forest is a distinct community on the shores of Sherbrooke Lake. It is comprised
of 30 properties represented by the Sherbrooke Forest Homeowners Association, a recognized
non-profit group formed to maintain common elements and the 19 kms of private roads
providing access to our community. Property Owners in Sherbrooke Forest are unanimous in
having concerns with a General Basic designation as they feel it does not protect our
properties unique and fragile environment nor does it reflect the residential nature of our
lakeside community.
Consequently, at a special meeting held on Thursday Feb 18, 2021, a formal vote was taken
on seeking a change to our zone designation. Twenty-eight out of 30 homeowners
participated. All 28 voted overwhelmingly to re-zone Sherbrooke Forest. The specific motion
was worded as follows: The Sherbrooke Forest Homeowner’s Association, therefore,
formally requests that the Municipality of Chester create a new zoning classification
specific to lakeside communities, which would apply to the Sherbrooke Forest
development, increasing zoning regulations and environmental protections. This
includes limiting land use around lakes and in those lakeside communities with the aim
of protecting their quiet residential nature and fragile environment.
Failing that, and at the very least, Settlement Residential One designation would be more
appropriate for Sherbrooke Forest - clearly prohibiting things like campgrounds, RV parks,
kennels, shipping containers and heavy industry – limiting incompatible uses and impact on
the road which our association provides money to maintain.
We have heard that to formally seek a change in zone designation there is an application fee
of $500 and an advertising deposit of $500 required. We ask that, based on our particular
situation, council consider waiving the requirement for these fees and deposits for the following
reasons:
• Sherbrooke Forest Property Homeowners Association is registered as a Society on the
Registry of Joint Stocks website;
• Sherbrooke Forest Property Homeowners Association is a non-profit association;
• Re-zoning reflects the historical usage of the land by Property owners and is fully
supported by them.
.
I have contacted Pam Myra to request the opportunity to meet with Council in support of this
request.
Also, we have been in contact with the Municipality’s planning staff. They have advised us that
they are preparing a report on this issue as a result of a request from another property owners
group. We appreciate the opportunity to consult with staff as this initiative progresses.
Should you require any more information in the meantime, please let me know.
Robin McAdam
President
Sherbrooke Forest Homeowners Association
ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 110
9.4 Lakeside Zone
9.4.1 Lakeside Zone
In addition to the underlying zone requirements, the Lakefront
overlay criteria shall apply to all development.
9.4.2 Permitted Uses and Developments
The following uses are permitted in the Lakeside (LS) zone
subject to the specific approval process and standards:
Approval
Process
Min. Front
Yard
Min. Side
Yard
Min. Rear
Yard
Max.
Height of
Structure
Residential
1-2 dwelling units on a
lot DP 3 m 3 m 3 m 11 m
Home-based Business DP Subject to section 9.4.6
Other
Forestry Processing DP Subject to section 9.4.7
Farm Animals DP Subject to section 9.4.8
Sherbrooke Lake United
Church
9.4.3 Prohibited Uses and Developments
The following uses and developments are prohibited
in the Lakeside (LS) zone.
a) all light and heavy industrial uses;
b) commercial uses.
9.4.4 Special Requirement: Vegetated Buffers
Within the Lakeside (LS) zone a vegetated buffer area is
required to lessen the impact of surface and subsurface
runoff on water quality. Vegetated buffers reduce
sedimentation and help protect property from erosion.
Within the Lakeside (LS) Zone, the following requirements
apply;
Abbreviations:
DP = Development
Permit
SP = Site Plan Approval
DA = Development
Agreement
LS
LS
Camp DP 5m 5m 5m 11m
ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 111
a) property owners shall retain natural vegetation within 10 m of the
ordinary high-water mark in an undisturbed state, thereby creating
a vegetated buffer area between the lake and the developed area
of the lot.
b) within the vegetated buffer area, development is prohibited except
for docks and one accessory structure;
c) within the vegetated buffer area, clearing of vegetation including
accessory structures is permitted, to a maximum of 30% of the
vegetated buffer area. The purpose of this clearing is to allow
filtered views and access to the lake;
d) where no dwelling exists, prior to receiving a development permit,
a vegetated buffer must be reinstated with a mix of woody &
grassy vegetation;
e) the maximum width of any pathway, clearing or access to the
water shall be 4.5 m;
f) within the vegetated buffer area, property owners shall retain and
preserve trees with a caliper of 13 cm or larger. This provision shall
not apply within a pathway or lake access as described in 9.4.4 e);
g) within the vegetated buffer area, excavation and infill is prohibited,
except that a maximum of 0.6 m may be excavated or infilled as
required to construct an accessory structure or dock, in no cases
shall infill or excavation extend beyond the ordinary high-water
mark;
h) notwithstanding the preceding regulations, nothing shall prevent
the removal of dangerous or significantly diseased vegetation.
9.4.5 Special Requirements: Minimum Lot Size
All newly created lots within the Lakeside (LS) zone shall have a
minimum lot area of 0.4 hectares.
9.4.6 Special Requirements: Home Based Business
A lot with a residential dwelling may be used for a home-based
business provided that:
a) a maximum of thirty (30)m2 of the floor area, is devoted to
the business use;
b) home-based businesses shall fall within one of the
following:
i) Professional services;
ii) Home office & Sales uses that do not host, intake or
receive clients on-site;
ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 112
iii) Craft workshops;
iv) Studios for the practice of instruction of fine arts or
Crafts;
v) Rental of cottage or one (1) RV on a lot that has a
dwelling.
c) one-on-site parking space, in addition to that required for
a dwelling is provided;
d) outdoor display associated with the business shall only be
permitted during the business hours of operation;
e) the external appearance of the building shall not be
changed by the home-based business;
f) signs advertising home-based businesses within the
Lakeside (LS) zone shall not exceed 0.5m2
9.4.7 Special Requirement: Forestry Processing
In the Lakeside (LS) zone the following setbacks shall apply:
a) require a maximum of 11 m height of related structures;
b) require a minimum setback of 20 m from a waterbody or
watercourse, or the provincial requirement in compliance
with the Forests Act., whichever is greater;
c) require a minimum of 5 m setback from all other property
boundaries.
9.4.8 Special Requirement: Farm Animals
In the Lakeside (LS) zone:
a) any lot used for the rearing, breeding, boarding, sheltering
or keeping of a farm animal or farm animals that
constitutes one (1) or more farm animal units shall have an
area no less than 3716 m2 for the first farm animal unit, and
an additional 1858 m2 for each addition farm animal unit.
b) no person shall keep any farm animal or farm animals,
including fenced areas, within thirty (30) m of the ordinary
high-water mark, dug well or watercourse.
c) any lot used for the rearing or keeping of a farm animal or
farm animals, the following separation from lot boundaries
shall apply;
Land Use
Minimum Distance From Property
Boundary
Manure and used bedding storage 15 m
Building or sheltering 5 or fewer
Farm Animal Units 15 m
ENVIRONMENTAL PROTECTION AREA | MUNICIPAL LAND USE BY-LAW | 113
Building or sheltering more than 5
Farm Animal Units 60 m
9.4.9 Special Requirement: Habitation of Vehicles
Within the Lakeside (LS) zone, no automobile, truck, bus, coach,
rail car, recreational vehicle or other vehicle, or part thereof, with
or without wheels, shall be used for human habitation, except that
a recreational vehicle may be used subject to the following:
a) has received a development permit and met all
requirements of this Section:
b) is limited to one (1) recreational vehicle on a lot which
contains a dwelling unit;
c) is limited to two (2) recreational vehicles on a lot which
contains no dwelling units;
d) meets all minimum yard requirements for residential uses
in the zone in which it is located;
e) conforms with the vegetated buffer area requirements
listed in 9.4.4.
9.4.10 Special Requirement: Short-Term Habitation of Vehicles
Notwithstanding 9.4.9, nothing shall prevent the temporary
habitation of recreational vehicles within the Lakeside (LS) zone,
up to a maximum of fourteen days in any calendar year without
the requirement for a temporary development permit or a
development permit.
9.4.11 Special Requirement: Storage in Vehicles
No automobile, truck, bus, coach, streetcar, recreational vehicle,
camper or other motor vehicle or part thereof, with or without
wheels, no mobile home, container, shall be used for the storage
or shelter of goods of any description.
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HalifaxRegionalMunicipality
Municipalityof the Countyof Kings
Municipality ofthe Districtof Lunenburg
Municipalityof the Districtof West Hants
Municipality ofthe Districtof Chester
Legend
Lakeside Zone (LS)
Lake Water Feature
Municipal Boundary
Property Boundary
Road
Representation of MODC within Nova ScotiaScale: 1:1,100,007
)
®
1,000 0 1,000500
Metres
Scale: 1:35,000
2,500 0 2,5001,250
Feet
Map Disclaimer: This map was produced by theMunicipality of the District of Chester and shall be used as agraphical representation of zoning boundaries for the LandUse By-law. Property boundaries may change and areshown here for convenience only. For information on theinterpretation of zoning boundaries with respect toproperty lines, roads, and natural features, please refer tothe By-law. Information shown on these drawings iscompiled from numerous sources and may not be completeor accurate. The Municipality of the District of Chester isnot responsible for any errors, omissions or deficiencies inthese drawings.
Sources: Digital Base Map Data from Service Nova Scotiaand Municipal Relations
Coordinate System/Datum: UTM NAD83 CSRS ZONE 20NDigital Folders and File Name: 1033614, CM-AM2020-002Actual Map Size: w 11" x h 17"
Date Printed: 22/06/01
KEY MAP
SherbrookeLake
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SherbrookeLake
GullyLake
Chester Municipal Council
Letter Via Email
June 7th, 2022
Dear Councillors,
I wish to take this opportunity to highlight important information regarding the proposed
construction of a 27-room hotel plus 4 tourist rental apartments on Valley Road.
I am not against development in our village because we need accommodations, housing, and
new businesses. I realize the thought of a hotel in our little village generates excitement.
However, the excitement cannot dismiss potential issues that must be recognized and
discussed by the Council.
I ask that the Council research to gather more information and consider the following, in
determining whether the location for a 27-room hotel plus 4 tourist rental apartments is
suitable and realistic.
Questions,
• Although the developer has not applied for sewer hook-up it is inevitable. What has
the municipality done to gage the extra demand a 27-room hotel with 4 tourist
apartments will have on the present sewer system?
I believe I can say with confidence that the present system is either close to being inadequate
or is now not suitable to handle the impact of the hotel. This is evident in the fact that on
March 24th, 2022, the Committee of the Whole made a recommendation to Council to seek
federal grant funding (Investing in Canada Infrastructure Project) for the expansion of the
Chester Sewer Treatment Plant to support growth and development in the community.
I am familiar with the process that is required for these types of grants, and it will take time to
write the grant, receive approval and complete the upgrades, yet the by law system allows a
developer to obtain a permit to begin a project without making application for sewer hook up.
• What is the life expectancy of the present sewer system with the addition of the 27-
room hotel with 4 tourist apartments?
• If an upgrade is required when will the upgrade be completed?
• Will the developer be permitted to construct and complete the hotel project and hook
up to the sewer and use it before an upgrade to the sewer system is completed?
• How will the municipality pay for the upgrade whether it receives or does not receive
federal dollars, will it mean the taxpayers of Chester pay towards it by increasing
taxes? (Several years ago, Chester taxpayer’s taxes increased by $600 to support
sewer systems in other municipal communities. Therefore, will the same formula be
used to increase taxes in other communities to support an upgrade to the sewer in
Chester?
I support economic development and understand that part of it requires large investments and
possible increases in taxes. However, the infrastructure must be in place before permitting
development projects that will stress the already limited resources such as water and sewer
capacity. With all due respect our village needs a water system, and it has been a back-and-
forth issue for years! If Council wants economic development in Chester which will have a
positive domino effect throughout the municipality, then they need to take the leadership to
put a water system in Chester. This will attract development and it will solve the dry well issues
and saltwater issue in wells along the coast which will only get worse in the future with climate
change.
Water supply is a major concern in Chester and surrounding communities. Without a water
system the homes in Chester have either dug wells or drilled. It was not unusual over the years
during the summer for some dug wells to go dry or residents had to reduce water usage in fear
of their wells going dry.
Then the drought of 2016 occurred and wells going dry was widespread throughout not just
Chester but in the entire municipality. It has become a serious problem and residents
collectively expressed to Council the need to explore the opportunity to have a water system.
A Preliminary Groundwater Supply Assessment, Village of Chester Central Water System: Needs
Assessment and Options Analysis was completed for the municipality in August 2017.
This comprehensive report certainly identified water level issues in the village and the extra
struggle homeowners with dug wells encountered with their wells running dry. In a 2020
Chester Resident Water Survey, it states, "Public perceptions and knowledge levels of personal
water quality and quantity and the risks to them were generally high.”
“Underlying geology was identified as the top concern to water quality, while climate change
and drought were considered the top threats to water quantity."
The Groundwater Supply Assessment identified the types of soil, the placement of wells, the
type and depth of wells as being major factors in increasing the chances for wells going d ry.
This serious issue will only get worse as we continually see the rampage of global warming. On
top of this there is no indication that it will be resolved because at this time there is no Council
commitment for a water system in Chester. Therefore, it is critical that Council is proactive with
regards to any major development project like the hotel , apartments which could potentially
draw water from neighboring properties which includes my property at 186 King Street.
• What steps has the Council taken to gather information and data from a hydrologist to
make sure the hotel does not draw water from underground sources being utilized by
neighboring properties?
I am aware that the bylaws in Chester does not require a hydrology study prior to a commercial
build. This is a problem in the bylaws because the bylaws are not representing the current
conditions, we are facing in our community regarding water shortage.
Chester’s present bylaws were created in 2004 which makes them eighteen years old. Climate
change and global warming was met with skepticism in 2004 and was not even a consideration
to be placed into the land-use bylaws. Now in 2022 climate change must be calculated into
major development projects in a village that experienced a serious drought in 2016 and the
science has predicted this type of condition will continue and even worsen.
“About 42 per cent of Nova Scotians are on wells, and scientists say climate change impacts like
drought, flooding and seawater intrusion will affect everyone differently depending on where
they live and their type of well.” (Ivanoh Demers/CBC)
“In Southwestern Nova Scotia 1,000 families experienced the drought with dry wells in 2016.
Drought, saltwater intrusion, and flooding are just some of the issues that scientists predict will
become worse in the coming years for the 42 per cent of Nova Scotians who rely on
groundwater from private wells.” CT 17, 2021
"With climate change, we will see more extreme events and we will se e more impacts on our
shallow and even our deep groundwater resources," said Barret Kurylyk, an associate professor
at Dalhousie University. It’s starting to impact individuals, it's starting to impact homeowners,
it's starting to impact industry. I think we live in that age of unprecedented change already,"
Kurylyk said.
“Those in southwestern Nova Scotia have already felt these impacts. The area has a much
higher percentage of people on dug wells, which are shallower than drilled ones and more
sensitive to drought.” (Dalhousie University and Canada Research Chair in Coastal Water
Resources.)
About half of Nova Scotians rely on groundwater for their water supply. Wells in Nova Scotia
are either shallow dug wells in the overburden aquifers (shallow aquifers made of loose soil and
rock) or deeper drilled wells in the bedrock aquifers.
Dug well water comes from an underground water source called groundwater. Groundwater
originates from surface water and precipitation, including rain and melting snow, that has
infiltrated the earth, filling the cracks and open spaces in the rocks and the soil.
Please consider the following information from www.lexingtondowntownhotel.com
www.hotels-anddiscounts.com/how-much-water-gallons-a-hotel-room-spend-daily/#2
Depending on the hotel, fresh water is used in between 378.54 li ters (100 gallons) and 757.082
liters (200 gallons) per occupied guest room per day, according to most studies.
An average of 138,167.53 liters (36,500 gallons) to 276335.06 liters (73,000) gallons is used per
room per year.
The water consumed by a hotel to operate is from under 378.54 litres (100 gallons ) to 1514.16
liters (400 gallons) per day.
It is estimated that a typical 300-room hotel uses around 60,000 gallons of water per day:
about 200 gallons per room. A 27-room hotel with 4 tourist apartments would use 23,469.55
liters (6200 gallons) plus per day and higher because the apartments would use more water.
• Has staff and Council made any steps to become informed with the amount of water
the hotel project will be using on the average daily and annually for due diligence to
make sure the water usage will not drain the underground sources serving the
neighborhood wells?
• With Council’s knowing through this letter that the reduction in well water could
potentially happen from the impact of the hotel uses of the water what plans will be
in place to cover the local owner’s loss of water because of the demand placed on the
neighboring wells?
Climate change means bylaws need to be kept up to date with our ever-changing world. A
planning system must be in existence to recognize and identify new occurrences or knowledge
which could play an important factor in whether a major development is suitable in a particular
part of the Village.
The Government of Canada produced a publication as far back as 2012 which is called Land Use
Planning Tools for Local Adaptation to Climate Change. Please take the time to check out the
Publication.
website at https://www.nrcan.
“Canada’s climate is changing rapidly. Although all levels of government have important roles to
play to advance adaptation, action at the local level is particularly important
because that is where many of the impacts of climate change will be felt most directly.”
2 L A N D U S E P L A N N I N G T O O L S | 1
Planning tools and climate change
risk reduction
Generally speaking, planning tools can be used to
reduce climate risks in four ways:
• limiting development in hazard-prone areas
• ensuring that the built environment can
withstand a range of environmental stress
• helping to preserve natural environments
that protect communities against hazards
(for example, dunes that absorb coastal
storm effects)
• educating stakeholders and decision makers
about risks and opportunities and fostering
dialogue about adaptation
It is hard to believe this document is 10 years old and we have not embraced it in a proactive
manner in our municipality. If we had been using the planning tools for local adaptation to
climate change then AMK Barrett Investments Inc. would not have been able to receive a
Development Permit before our village has the proper infrastructure for sewer and water. Like
the old saying goes it is putting the cart before the horse.
There seems to be an obvious disconnect between the municipality’s land-use bylaws, the use
of using planning tools to reduce climate risks and the municipality’s own Climate Change
Action Plan.
https://chester.ca/government/plans-reports-and-strategies/municipal-planning-strategy
The Municipality's Climate Change Action Plan identifies
• climate change issues and hazards;
• affected locations;
• affected facilities and infrastructure; and
• who is affected, the economic implications, and environmental issues.
The municipality’s Climate Change Action Plan identifies the issues I am presenting in this let ter.
It is your plan, yet it is not being applied to your bylaws. It does not make sense to allow your
present outdated land-use bylaws to override your Climate Change Action Plan. How can
Council justify a development that potentially could cause a long-term negative impact for
some residents with water issues and for all residents with regards to the sewer?
I have heard people say there was always lots of water on the property in the fr ont because it
was a swampy area. That was in the past when the words climate change were not even two
words that went together and were not spoken.
The Council needs to be sure that the AMK Barrett Investments Inc’s hotel development will
not create long-term water and sewer issues which will results in costs to Village residents and
the municipality. You already have the Preliminary Groundwater Supply Assessment, Village of
Chester Central Water System: Needs Assessment and Options Analysis completed for the
municipality in August 2017 which identified a serious issue with water supply to dug wells and
that it will continue in the future. If that is not enough then Council needs to do their due
diligence through other professional studies focused on the hotel project and its impact on
water and sewer.
I have a question also with regards to parking? A number of years ago the municipality initiated
a beautification plan along the #3 highway. A beautification project that came years too late
because of the number of businesses that were already along the highway that were built when
there were few land-use bylaws if any. Part of the beautification project required any new
business builds to place the parking lots behind their business structure.
Does the beautification project extend to other areas of the Village which would include
Valley Road?
I am not aware that the same bylaws regarding parking behind a business is mandatory on
Valley Road and if that is so I must ask why would the same bylaw not apply to a lot where
the hotel and tourist apartments are going to be built?
I am guessing it is because it is not part of the present 2004 land-use bylaws so without a
restriction in the bylaw, I am going to be told there is nothing that can be done. I hope you
see this is just wrong to apply 2004 policy on a 2022 development project.
Do you believe it makes any sense to require parking in behind businesses along an already
heavy business traffic area where parking is all over the place in the name of beautification,
yet in an area that is still an attractive residential area there is no beautification policy for
parking?
The hotel, apartments development is requesting 34 plus 1 loading parking space.
Does Council not see how ugly it will look on Valley Road to have 34 plus 1 loading parking
spaces in front of the hotel, apartments?
How is it that to supposedly beautify the #3 highway means parking spaces behind new
businesses yet those neighboring the proposed hotel, apartments must be exposed to a
parking lot in front. Is that not hypocritical planning?
The other potential issue is if parking is required behind the hotel, apartments the vehicles
would have to drive in off Queen Street or Main Street which comes together on a blind hill so
it would not be safe.
Any village, town, municipality will be behind with their land-use bylaws in today’s fast
changing world. This is a challenge, but local governments need to seriously address this reality.
As mentioned in this letter The Government of Canada produced a publication as far back as
2012 called Land Use Planning Tools for Local Adaptation to Climate Change to increase local
government’s awareness to the very issues, we are now facing with the AMK Barrett
Investment hotel, apartments development.
I perfectly understand the excitement around the hotel, apartments project and I realize I
sound so negative but please consider the fact that without a water system in Chester and an
upgraded sewer system the Council has a responsibility to residents to do their due diligence.
Council must be sure the development does not have any negative impacts on neighboring
homes and the community.
New business development in Chester is what we need, however l et’s have the proper
infrastructure in Chester to adequately support development. The risks to the community are
higher without the infrastructure but at the very least the appropriate studies must be
implemented to address the concerns identified in this letter and other issues that may be
brought to you by others.
I look forward to receiving the answers to my many questions and I wish to thank you for the
opportunity to have my letter as part of the Council agenda.
Kind Regards,
Denise Peterson-Rafuse
REQUEST FOR DECISION
REPORT TO: Municipal Council
MEETING DATE: June 30, 2022
DEPARTMENT: Community Development & Recreation Dept.
SUBJECT: New Road Name Assignment
ORIGIN: New Private Road Name Request
Date: 2022-06-16 Prepared by: Sylvia Dixon, Development & Planning Technician
Date: 2022-06-20 Reviewed by: Chad Haughn, Director of CD&R
Date: 2022-06-20 Authorized by: Dan McDougall, CAO
RECOMMENDED MOTION
It is recommended that Municipal Council approve the proposed private road name Brightside Lane.
CURRENT SITUATION
A private right-of-way accessed off of Arthur Hatt Rd in Chester Basin (map attached) that will provide access for
a future development of three or more addressable structures requires a name.
BACKGROUND
When there are three or more addressable structures using an unnamed shared right-of-way/driveway, the
Nova Scotia Civic Address Users Guide states that this point of access must be named. According to Municipal
Policy P-44, the road name is suggested following a majority agreement (66%) from the landowners that are
served by the shared right-of-way. In this instance, the one property owner has proposed the following road
names: Brightside Lane (1st choice), Care Lane (2nd choice), and Clover Lane (3rd choice). The proposed names
were suggested by a majority of the property owners, representing 100% of the properties.
DISCUSSION
Comments received for proposed road names:
- Chester Basin Fire Dept. – Fire Chief: no concerns
- District 4 Councillor – Councillor Allen Webber: no concerns
- Director of Public Works – Fred Whynot: no concerns
It is of note that the proposed new road name is similar to the following:
- Brightside Crt, Porters Lake, Halifax Regional Municipality, Halifax County
- Bright St, Halifax, Halifax Regional Municipality, Halifax County
OPTIONS
1. Municipal Council can approve the road name Brightside Lane.
2. Municipal Council can decide not to approve the name and direct staff to assign a name of Council’s
choosing.
R e q u e s t f o r D e c i s i o n P a g e | 2
IMPLICATIONS
By-Law/Policy
Policy P-44 – New Road Names and Road Name Changes.
Financial/budgetary
A new road sign (with accessory materials) will be purchased and posted by the Infrastructure & Operations
Department.
Environmental
N/A
Strategic Priorities
N/A
Work Program Implications
N/A
Has Legal review been completed? N/A
COMMUNICATIONS (INTERNAL/EXTERNAL)
N/A
ATTACHMENTS
1. Petition Received
2. Location Map
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Rev.:Date:Description:
0
MUNICIPALITY OF THEDISTRICT OF CHESTER
From Date: N/ATo Date: N/ADate Printed: 22/06/06
®
Legend
Private Driveway Requiring Name
Civic Address
Road
Driveway/Trail
Building Footprint
Property Boundary
Waterbody
40 0 4020
Metres
22/06/06
Digital Folders Entry ID:1220719
Status: ExistsProject ID: N/AClassification #: N/A
Representation of Municipality of Chester within Nova ScotiaScale: 1:12,500,000
Scale: 1:2,000
New Private Road Name Proposed:Brightside Lane
New Private Road Naming
Sources:Digital Base Map Data from Service Nova Scotia andMunicipal Relations
Prepared by the Municipality of the District of Chester
Coordinate System/Datum: UTM NAD83 CSRS ZONE20N
Map Disclaimer:Information shown on these drawings is compiledfrom numerous sources and may not be complete oraccurate. The Municipality of the District of Chester isnot responsible for any errors, omissions ordeficiencies in these drawings. Date printed does notreflect date ofdata.
Actual Map Size: w 11" x h 8.5"
Community:Chester BasinFire Dept:Chester Basin Fire Dept.Description:New private road name request foraccess to new subdivision.
New Private Road Name Proposed:Brightside Lane
REQUEST FOR DECISION
REPORT TO: Municipal Council
MEETING DATE: June 30, 2022
DEPARTMENT: Community Development & Recreation
SUBJECT: Designated Community Fund
ORIGIN: Designated Community Fund Requests
Date: June 20, 2022 Prepared by: Chad Haughn, Director of Community Development & Recreation
Date: June 20, 2022 Authorized by: Dan McDougall, CAO
RECOMMENDED MOTION
That Council provide a Designated Community Fund Grant to the New Ross Trails Society in the amount of $450.
BACKGROUND
The Municipality of Chester has a Designated Community Fund Policy (P-77) which provides an opportunity for
individuals or businesses to donate funds to the Municipality with direction that it be deposited into a
Designated Community Fund Account for a specific group. The donor receives a charitable donation receipt for
their contribution and after a period of time, the community organization requests a Designated Community
Fund Grant from the Municipality equivalent to the funds collected.
DISCUSSION
The New Ross Trails Society has followed the policy by establishing a Designated Community Fund Account and is
now formally requesting the grant payment (see attached request). The Society is planning to install benches on
the New Ross trails system. The Department of Finance has confirmed that there is $450 in the New Ross Trails
Society Designated Community Fund Account.
OPTIONS
1. Approve the Designated Community Fund Grants as requested.
2. Do not approve the Designated Community Fund Grants and request additional information from staff.
IMPLICATIONS
By-Law/Policy
If Council approves the grant payment, they will have adhered to the process outlined in the Designated
Community Fund Policy (P-77).
Financial/budgetary
Payment of the grant in the amount of $450 is equivalent to the amount of funds collected. Approval of this
request will have no impact on the Council budget for 2022-23.
Environmental
NA
Strategic Priorities
NA
R e q u e s t f o r D e c i s i o n P a g e | 2
Work Program Implications
NA
Has Legal review been completed? ___ Yes _ _ No _X_ N/A
ATTACHMENTS
1. Email requesting a Designated Community Fund Grant from Christina Caldwell, Chair of the New Ross
Trails Society.
1
Pam Myra (she/her)
From:Christina Caldwell
Sent:June 17, 2022 9:22 AM
To:Cosette Howlett
Cc:Sheena Isenor; Marty Murphy
Subject:#External: New Ross Trails Society Request
Follow Up Flag:Follow up
Flag Status:Flagged
Hi Cosette, I understand there have recently been three donations totalling $450 ($150 x 3 = $450) made to the
municipality intended for the New Ross Trails Society and the purchase of benches for our trail system. Please consider
this email as a request from the New Ross Tails Society to withdraw/receive these funds such that we can carry out the
procurement of the benches.
If you require any further details, please let me know.
Thanks,
Christina Caldwell
New Ross Trails Society
This email originated from outside of the organization. Do not click links or open attachments unless you recogize
the sender and know the content is safe.
District Grants 2022-2023
Updated June 23, 2022
Requested Approved Date Approved
Forest Heights Community School: Prom 2022 300.00$ 300.00$ May 12, 2022
TOTAL FUNDS APPROVED 300.00$
TOTAL FUNDS REMAINING 9,700.00$
Forest Heights Community School: Prom 2022 300.00$ 300.00$ May 12, 2022
Hubbards Area Lions Club: Septic System Repairs 2,000.00$ 2,000.00$ May 12, 2022
Through the Years Day Care and Community Centre: Heat Pumps 4,000.00$ 2,000.00$ May 12, 2022
TOTAL FUNDS APPROVED 4,300.00$
TOTAL FUNDS REMAINING 5,700.00$
Chester Brass Band: Summer Concerts 500.00$ 500.00$ June 23, 2022
Chester Municipal Heritage Society: Canada Day & Garden Party 3,000.00$ 2,000.00$ May 12, 2022
Forest Heights Community School: Prom 2022 300.00$ 300.00$ May 12, 2022
Royal Canadian Legion, Br. 44, Chester: 4 events-Canada Day, Vets Lunch, Remembrance Day & NYLevee2,000.00$ 1,000.00$ June 23, 2022
TOTAL FUNDS APPROVED 3,800.00$
TOTAL FUNDS REMAINING 6,200.00$
Forest Heights Community School: Prom 2022 300.00$ 300.00$ May 12, 2022
TOTAL FUNDS APPROVED 300.00$
TOTAL FUNDS REMAINING 9,700.00$
Forest Heights Community School: Prom 2022 300.00$ 300.00$ May 12, 2022
Western Shore Fire Department: Garden Party 2,500.00$ 2,500.00$ June 23, 2022
Western Shore & Area Improvement Association: Hanging Baskets 3,657.00$ 3,657.00$ June 23, 2022
TOTAL FUNDS APPROVED 6,457.00$
TOTAL FUNDS REMAINING 3,543.00$
Charing Cross Garden Club 500.00$
Forest Heights Community School: Prom 2022 300.00$ 300.00$ May 12, 2022
Forties Community Centre: Oktoberfest 500.00$ 500.00$ May 12, 2022
New Ross Consolidated School 2,000.00$
New Ross Trails Society: Fairy Walk & Little Ladybug Library 1,000.00$ 1,000.00$ May 26, 2022
TOTAL FUNDS APPROVED 1,800.00$
TOTAL FUNDS REMAINING 8,200.00$
Canaan & District Hall: Faciltiy Maintenance & Repairs 4,000.00$ 4,000.00$ May 26, 2022
Chester Brass Band: Summer Concerts 500.00$ 500.00$ June 23, 2022
Chester Municipal Heritage Society: Canada Day & Garden Party 3,000.00$ 500.00$ May 12, 2022
Forest Heights Community School: Prom 2022 300.00$ 300.00$ May 12, 2022
District 7
TOTAL FUNDS APPROVED 5,300.00$
TOTAL FUNDS REMAINING 4,700.00$
Total Funds Approved 22,257.00$
District Grant Budget 2022-2023 70,000.00$
Remaining Funds 47,743.00$
District 1
District 2
District 3
District 4
District 5
District 6
Municipality of the District of Chester
Infrastructure
Development Fund
Policy
Policy #110
Infrastructure Development Fund Policy
Notice of Intention to Adopt: Council – Month XX, 202X (202X-XXX)
First Notice: Council – Month XX, 202X (202X-XXX)
Second Notice: Council – Month XX, 202X (202X-XXX)
Effective Date: Month x, 202x
MUNICIPALITY OF THE DISTRICT OF CHESTER
POLICY #110
1. INFRASTRUCTURE DEVELOPMENT FUND POLICY PURPOSE
1.1. This purpose of this policy is to establish Council’s intention to support the growth and
development of healthy, efficient, and sustainable communities through the creation of an
Infrastructure Development Fund.
1.2. The objectives of the Infrastructure Development Fund Policy are to:
a. Establish the guiding principles, primary objectives, key management and administrative
responsibilities, and standards of care for an Infrastructure Development Fund;
b. Establish Council’s commitment to support residential and commercial development
through the creation and expansion of capital infrastructure including wastewater
collection and treatment systems, water treatment and distribution systems, active
transportation systems, and other core municipal infrastructure.
2. GUIDING PRINCIPLES
2.1. Municipal Council recognizes that it has a role to play in leading and partnering in the creation of
residential and commercial development.
2.2. With respect to residential development Council recognizes it has a role not only ensuring land
use planning supports housing but that infrastructure investments supports the development of
a range of housing options including affordable and attainable (low-end of market) housing.
2.3. Municipal infrastructure encourages compact development, expands commercial and residential
growth opportunities, and can address the growing climate crisis, resulting in significant
environmental benefits and socioeconomic returns.
2.4. The Infrastructure Development Fund will assist in meeting the funding requirements of matching
programs developed by senior levels of government for the grown and development of capital
infrastructure.
3. CONTRIBUTIONS TO INFRASTRUCTURE DEVELOPMENT FUND
3.1. Fifty (50) percent of the funds generated through the collection of the Deed Transfer Tax shall be
designated to an Infrastructure Development Fund to be held in an Infrastructure Development
Fund reserve.
3.2. Council may, by motion, designate a different amount to the fund each year, which may be from
a different source of funds, but in no case shall they contribute less than 25% of the Deed Transfer
revenues in a fiscal year.
4. INFRASTRUCTURE DEVELOPMENT FUND MANAGEMENT
4.1. The Infrastructure Development Fund reserve will be invested in accordance with a Council
approved Investment Policy.
Infrastructure Development Fund Policy
Notice of Intention to Adopt: Council – Month XX, 202X (202X-XXX)
First Notice: Council – Month XX, 202X (202X-XXX)
Second Notice: Council – Month XX, 202X (202X-XXX)
Effective Date: Month x, 202x
4.2. The Infrastructure Development reserve shall be used to fund the costs of expansion and growth
of new or existing municipally owned infrastructure that supports both commercial and
residential development.
Page 1 of 2
MEMO - URGENT
To: Warden Allen Webber
CC: Mr. Dan McDougall
From: Laura Cunningham
Email: laura.cunningham@novascotia.ca
Date: June 28, 2022
Re: 2022-23 J-Class Subdivision Street Paving
# of Pages: 2
As per section 6.2 of the cost share agreement 2020-006, the Province is required to notify the
Municipality in writing of any cost overruns of more than 10% on approved projects for the
current fiscal year.
The Department is prepared to proceed with this work, but the Municipality’s approval of these
costs is required to award the contract. An immediate response is requested so that this project
may proceed within the current construction season.
Please indicate on the attached list whether the Municipality wishes to accept or decline the new
tender (and cost share) amounts. The Department will proceed to award the projects that have
been accepted by the Municipality. Sign the attached page and scan and email this document
back to laura.cunningham@novascotia.ca.
Yours truly,
Laura Cunningham
Laura Cunningham
Capital Program Administration Officer
Johnston Building, 4th Floor
1672 Granville Street
PO Box 186
Halifax, Nova Scotia
B3J 2N2
Bus: 902-424-0897
Fax: 902-424-0570
E-mail:
laura.cunningham@novascotia.ca
Page 2 of 2
Page 2
2022-23 J-Class Subdivision Street Paving
Dear Ms. Cunningham
The Municipality of the District of Chester agrees to proceed/cancel projects as indicated on the
list below.
Road Name Original
Estimate
Tender
Amount
New Cost
Share
Amount
% Over
original
estimate
Municipality to
proceed with
project (Y/N –
please write in)
Adams Road, paving $60,000 $71,000 $35,500 +18.3%
Brunswick Street, paving $50,000 $62,000 $31,000 +24%
Myra Road, paving $50,000 $63,000 $31,500 +26%
________________________________________________
Signature
________________________________________________
Name and Title (Print)
________________________________________________
Date