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2023-07-27_Council_Website Agenda Package_Updated July 25, 2023.pdf
Page 1 of 2 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Thursday, July 27, 2023 Livestreamed via YouTube at www.youtube.com/modcvideo 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 – July 13, 2023. 4.2 Public Hearing - July 6, 2023. 5. PROCLAMATIONS 5.1 Right to Know Week September 25 to October 1, 2023 - Email dated June 13, 2023 from Information Privacy Commissioner for Nova Scotia requesting Council to participate in Right to Know Week. 6. COMMITTEE REPORTS 7. PUBLIC PRESENTATIONS 7.1 Chris Bandak and Simon Webb - BR+E Presentation (Via Zoom). 8. BY-LAWS AND POLICIES 8.1 Request for Decision prepared July 7, 2023 - Financial & Information Services - Amendment to Tax Exemption Policy P-25. 9. MATTERS ARISING 9.1 Request for Decision prepared June 28, 2023 - Infrastructure & Operations - Purchase of ¾ ton service vehicle for Kaizer Meadow. 9.2 Request for Decision prepared June 28, 2023 - Infrastructure & Operations (Solid Waste) - Mobile Evaporization Crystallization (EVC) Unit. Page 2 of 2 (Agenda Pages) 9.3 Request for Decision prepared June 28, 2023 - Infrastructure & Operations (Solid Waste) - Public Drop Off/HHW Sandblast and Painting. 9.4 Request for Direction prepared July 20, 2023 - Community Development & Recreation Department - Recreation Strategic Priorities. 9.5 Planning Matters Report prepared July 10, 2023 - Community Development & Recreation - Request to rezone Sawler Lake to Lakeside Residential. 9.6 Information Report prepared July 11, 2023 - Infrastructure & Operations - Possible Funding Options for the Church Memorial Park Feasibility Study. 9.7 Summer 2023 Agenda Planning. 9.8 Streetlight Discussion - Councillor Veinotte. 10. CORRESPONDENCE 10.1 Thank you letter from Ava Gates for the Municipal Bursary for a graduating high school student attending university. 11. NEW BUSINESS 11.1 Request for Decision prepared July 6, 2023 - Financial & Information Systems Department - Reduction of Taxes Under Reduction of Taxes Policy P-23 (AAN 02522209 destroyed by fire February 2023). 11.2 Request for Decision prepared June 30, 2023 - Corporate & Strategic Management - Kaizer Meadow Industrial Park Realtor Services. 12. IN CAMERA 13. ADJOURNMENT 307 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of COUNCIL MEETING Livestreamed via YouTube www.youtube.com/modcvideo from 151 King Street, Chester, Nova Scotia On Thursday, July 13, 2023 MEETING CALLED TO ORDER Warden Webber called the meeting to order at 8:50 a.m. Present: District 1 – Councillor Andre Veinotte District 2 – Deputy Warden Floyd Shatford District 3 – Councillor Derek Wells District 4 – Warden Allen Webber District 5 – Councillor Abdella Assaff District 6 – Councillor Tina Connors District 7 - Councillor Sharon Church Staff: Tara Maguire, CAO Erin Lowe, Deputy CAO Pamela Myra, Municipal Clerk Jennifer Webber, Communications & Outreach Coordinator (Via Zoom) Emily Lennox, Executive Secretary Matthew Blair, Director of Infrastructure and Operations Christa Rafuse, Director of Solid Waste Solicitor: Samuel Lamey, Municipal Solicitor Public: There were no members of the public in the gallery. APPROVAL OF AGENDA/ORDER OF BUSINESS Addition: Brush Cutting - Deputy Warden Shatford. No Parking Sign - Deputy Warden Shatford. Council (continued) July 13, 2023 308 2023-336 MOVED by Councillor Church, SECONDED by Councillor Assaff the agenda and order of business for the July 13, 2023, Council meeting be approved as amended. ALL IN FAVOUR. MOTION CARRIED. PUBLIC INPUT There was no public input. MINUTES OF PREVIOUS MEETINGS 4.1 Council – June 29, 2023. 2023-337 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the minutes of the June 29, 2023, Council Meeting be approved as circulated. ALL IN FAVOUR. MOTION CARRIED. PROCLAMATIONS There were no proclamations for consideration. PUBLIC PRESENTATIONS There were no presentations. COMMITTEE REPORTS 6.1 Lunenburg County Seniors’ Safety Program - Annual Report - October -December 2022. 6.2 Lunenburg County Seniors’ Safety Program - Monthly Report - June 2023. Councillor Connors updated Council on the information provided noting there is great need for the service as evidenced by the high numbers. She also wished to note the amazing work by the coordinator. 6.3 Equity, Diversity, & Inclusion Committee - June 27, 2023 - Councillors Assaff & Connors. Councillor Connors reviewed the meeting for members of Council. Councillor Assaff noted that there was a pride flag raising held here on Tuesday, July 11, 2023. Council (continued) July 13, 2023 309 2023-338 MOVED by Councillor Assaff, SECONDED by Councillor Connors that Council approve the following recommendations from the June 27, 2023 Equity, Diversity, & Inclusion Committee be approved as follows: 2023-330 - “… approve the request to fly the Pan African flag on August 1st observing Emancipation Day and for staff to acknowledge the day with posts on social media channels.” 2023-331 - “… that Council amend the Flag Raising Policy P-103 to include the Pan African flag raising for Emancipation Day moving forward. ALL IN FAVOUR. MOTION CARRIED. 2023-339 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that Council give first Notice to amend the Flag Raising Policy P-103 to include the flying the Pan African flag on Emancipation Day annually (August 1) and add flying the Norwegian Flag on May 17 annually. ALL IN FAVOUR. MOTION CARRIED. 6.4 South Shore Public Library - Councillor Connors. Councillor Connors reported on the recent Annual General Meeting of the South Shore Public Library and noted that she will have a copy of the Annual Report for each Councillor. She noted a change in stops in order to add the New Germany Elementary School to the schedule - a pilot in April at the School generated 138 new library users. 6.5 South Shore Housing Action Coalition - Councillor Assaff. Councillor Assaff indicated that there was exciting news in Queens County - they are working on the Queens Neighbourhood Co-Op Housing. They have had lands donated to them and a $200,000 grant from Council. They are proposing a 26-unit facility which is an ambitious undertaking and he informed them about the New Ross project which has taken some time. The Municipality of Queens is 100% behind them. He asked who was going to manage it and was told it would be contracted out. 6.6 Library Video - Councillor Wells. Councillor Wells noted that he forwarded a video to Council Members and encouraged them to view it as he is hoping to have the library trustees here to provide an update to Council. Council (continued) July 13, 2023 310 PUBLIC PRESENTATIONS There were no public presentations. BY-LAWS AND POLICIES There were no by-laws or policies for consideration. MATTERS ARISING There were no matters arising for discussion. CORRESPONDENCE 10.1 Letter of Request dated June 30, 2024 from Royal Canadian Legion Branch 24 regarding the 2023 Remembrance Day Flyby. 2023-340 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that Council approve the request for the annual Remembrance Day Flyby to take place on Remembrance Day 2023 and advise the Special Events of the Canadian Air Division. ALL IN FAVOUR. MOTION CARRIED. 10.2 Email from Mitchell Sabine regarding Dauphinee’s Mill Lake Community Waste Facilities. Deputy Warden Shatford noted that location provides a facility for more than 200 residents. It is getting busy and now that summer is here more people are using it. He was surprised the email wasn’t responded to and asked that someone go visit and respond to the resident. Christa Rafuse, Director of Solid Waste had a meeting with the contractor and sent staff to do some cleanup. She noted that the contractor visits the site three times a week but there is a limit to what they are able to do. They will be adding another bin and sending a heavy equipment operator down weekly to clean up as there are often things dropped off that should not be left at that location. Deputy Warden Shatford noted that one issue is that when people go to visit their cottages, they often bring along their waste from wherever they live. The Director of Solid Waste also noted that people leave their renovation waste at the site which should be taken directly to Kaizer Meadow. Often people will just throw the garbage over the fence or leave it outside. Council (continued) July 13, 2023 311 The question of surveillance cameras was raised, but it was noted that was done previously but didn’t accomplish anything and the owner of the property where the camera was located asked that it be removed. It was noted that there is sufficient signage at that location as well. Councillor Connors felt there was no need for staff to apologize, noting there is only so much staff are able to do. She has had similar issues finds GE’s to be more than accommodating. Deputy Warden Shatford noted that there are 200 cottages/residences at the location and if it is not kept cleaned up it will get out of hand. The person was asking to have two things considered - signage and accessibility. The Director of Solid Waste noted that an additional dumpster will be added, however, with regard to accessibility, if the dumpster had a low cover, then there would not be enough space in the bin to add more waste. It was felt there should not be a need to go to the location three times a week and that the property owners/users of the facility need to take some responsibility. It was agreed to send a response and look at the possibility of surveillance cameras once again. Councillor Wells noted that the owners/users should be advised they are receiving more service than any other residents. NEW BUSINESS 11.1 Request for Decision prepared July 5, 2023 - Community Development & Recreation - Designated Community Fund Request from Chester Minor Hockey. 2023-341 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that Council approve the Designed Community Fund Request from Chester Minor Hockey to grant the amount of $3,000.00. ALL IN FAVOUR. MOTION CARRIED. 11.2 District Council Grant: a. District 1 Community Centre - $3,000. 2023-342 MOVED by Councillor Veinotte, SECONDED by Councillor Assaff that a District 1 Council Grant be approved for the District 1 Community Centre in the amount of $3,000. ALL IN FAVOUR. MOTION CARRIED. 11.3 Brush Cutting (signage) - Deputy Warden Shatford. Council (continued) July 13, 2023 312 Deputy Warden Shatford noted that there is an issue with brush near the new signage at Exit 6. The CAO noted that staff were cutting the brush but were told by the resident at the location to stop the cutting. Deputy Warden Shatford felt the brush should be cut or we should move the signs. 11.4 “No Parking” Signs - Deputy Warden Shatford. Deputy Warden Shatford noted that there is an issue with people parking at the Black Harbour Distillery - there sometimes is not enough parking at the business so people park across the street. The issue with this is that the cars often block the driveway to two houses across the street. The homes are not visible because they are some distance up the road. There are several functions held weekly and the issue is ongoing. He asked if we could have “no parking” signs located at the driveway to the homes to let people know not to park there as it is a driveway. Local residents are aware, but people from outside of the area don’t know. He has asked that the matter be added to the upcoming quarterly meeting with the NS Department of Public Works. There was discussion on what type of sign would be appropriate. 2023-343 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that staff be directed to write to the NS Department of Public Works to request a “no parking” sign be located at road to two homes across from Black Harbour Distillery (419 Highway 329) to eliminate parking on the road and causing the residents to be blocked in/out of their driveway. ALL IN FAVOUR. MOTION CARRIED. 11.5 Building Inspection Services - Deputy Warden Shatford. Deputy Warden Shatford noted that he has had contractors call him because we don’t have enough building inspectors - we know that. The issue they are calling about is that no one is answering the phones or getting back to them in an acceptable time period. Councillor Veinotte noted that there is a standard of care for building inspections - there is an expectation of a certain standard of care. Many of our contractors have the good fortune of working in HRM where they do not get calls or inspections the same day or the next day. He felt that we are offering a good standard of care. He would be willing to take on that conversation with any contractor - don’t understand how good they have it. Council (continued) July 13, 2023 313 Deputy Warden Shatford noted that there was an inspection scheduled for 1:00 but the Building Inspector didn’t show up. The contractor should have been advised that the inspector wouldn’t be there. Councillor Veinotte noted that in his office there are three people who answer the phones and sometimes they are all on the phone at the same time. It was also noted that the summer is busy, and staff are also taking vacations. IN CAMERA There were no In Camera items for discussion. ADJOURNMENT 2023-344 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the meeting adjourn. ALL IN FAVOUR. MOTION CARRIED. (9:24 a.m.) _________________________ _________________________ Allen Webber Pamela Myra Warden Municipal Clerk 281 MUNICIPALITY OF THE DISTRICT OF CHESTER MINUTES OF PUBLIC HEARING Consideration of a List of Housekeeping Amendments to the Municipal and Village Land Use By-Laws 151 King Street, Chester Livestreamed via YouTube www.youtube.com/modcvideo On Thursday, July 6, 2023 at 8:45 a.m. MEETING CALLED TO ORDER Warden Webber called the meeting to order at 8:45 a.m. Present: District 1 - Councillor Veinotte District 2 – Deputy Warden Shatford District 3 – Councillor Wells District 4 – Warden Webber District 5 - Councillor Assaff District 6 – Councillor Connors District 7 – Councillor Church Staff: Tara Maguire, CAO Erin Lowe, Deputy CAO Pamela Myra, Municipal Clerk Emily Statton, Planner Jennifer Webber, Communications Officer Regrets: Samuel Lamey, Municipal Solicitor There were no members of the public present in the public gallery. COMMENTS BY MUNICIPAL SOLICITOR The Warden noted that the Solicitor has indicated the matter was properly before Council. OVERVIEW BY PLANNER Emily Statton, Planner reviewed the report as included in the information provided as well as the Public Hearing Report for housekeeping amendments to the Village and Municipal Land Use By-Laws: Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 282 (A) DETAILS OF HOUSEKEEPING AMENDMENTS Request from: Staff identifying Staff identifying a list of housekeeping amendments to the Municipal & Village Land Use By-Law. Council discussed the request at a Committee of the Whole meeting held September 15, 2022, and directed staff to prepare the draft amendments and related staff report. Request date: September 15, 2022 per the date of the initial staff report. Nature of amendments: Be it enacted by the Council of the Municipality of Chester as Follows: Amend the Municipal & Village Land Use By-Laws to reflect the housekeeping amendments. Purpose of amendments: The Municipal Planning Strategy was implemented as a living document. This list of amendments is intended to improve the clarity and administration of both documents. (B) MEETING DATES 15 September 2022 - Request to Council from staff considered. Staff report presented preliminary details of the amendments and requested direction from Council to proceed with draft amendments & related staff report. 05 October 2022 - Public Information Meeting held in Council Chambers (151 King Street, Chester). 08 November 2022 - Village Planning Advisory Committee Meeting held. 16 November 2022 - Municipal Planning Advisory Committee Meeting held. 08 June 2023 - Council considered the staff report, MPAC & VPAC recommendation, and gave 1st Reading to the draft amendments. 06 July 2023 - Public Hearing held. (C) DOCUMENTATION Reports: 15 September 2022- Staff Report RFD Housekeeping Amendments to Municipal & Village LUB 08 & 16 November 2022 Staff Report Planning Advisory Committees 08 June 2023 Staff Report: Updated for Council 1st Reading 06 July 2023 - Report prepared for Public Hearing Advertisements (Progress Bulletin): 28 September 2022: Notice of Public Information Meeting 02 November 2022: Notice of Village Planning Advisory Committee Meeting 09 November 2022: Notice of Municipal Planning Advisory Committee Meeting Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 283 21 June 2023: Notice of Public Hearing (Pt Notice) 28 June 2023: Notice of Public Hearing (2nd Notice) Other notifications: 21 June 2023 - Notice of Public Hearing mailed to: o Municipality of the District of Lunenburg o Municipality of Kings Copies of all Progress Bulletin Advertisements posted on Municipal Website and Municipal Office doors. Social Media postings Fees paid: No fee required as amendments were initiated by staff/council. (D) WRITTEN SUBMISSIONS RECEIVED No written submissions received. PRESENTATION BY DEVELOPER N/A COMMENTS BY THE PUBLIC ON THE PROPOSAL There were no comments from the public. DISCUSSION BY COUNCIL 2023-334 MOVED by Councillor Wells, SECONDED by Councillor Assaff that Council enter into a Development Agreement with Bonny Lea Farm (South Shore Community Service Association) to facilitate the development of a 313 square metre structure and two identified future development sites. ALL IN FAVOUR. MOTION CARRIED. (Amendments can be found at the end of these minutes). CLOSING REMARKS (CHAIR) There were no closing remarks. Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 284 ADJOURNMENT 2023-335 MOVED by Councillor Assaff, SECONDED by Councillor Church the Public Hearing adjourn. ALL IN FAVOUR. MOTION CARRIED. (8:56 a.m.) __________________________ __________________________ Allen Webber Pamela M. Myra Warden Municipal Clerk SCHEDULE A Amendments to the Chester Municipal Land Use By-law Be it enacted by the Council of the Municipality of Chester as follows: 1) Amendments to Section 3.2 Interpretation of Zone Boundaries to add wording to address the adoption of revised maps from time to time as the province updates data; 2) Amendment to Section 4.1.3 Mobile Vending to add language explaining that certain By-laws are exempt from LUB provisions, including but not limited to: Uniform Signage By-Law #152 & Outdoor Dining By-Law #153; 3) Amendment to Section 4.18.1 Private Storage to use single unit dwelling setbacks of the zone the structure is located in, as the standard for private storage; 4) Amendment to Section 4.28.1 Lake Front Overlay to: a. Clarify language that any development on a lot subject to Lakefront Overlay requires a development permit b. Revise lot coverage language to better reflect the calculation for permitted impermeable surfaces; 5) Amendment to Section 6.4.1 SR-2 Permitted Uses and Developments to: a. revise setbacks for 3-11 dwelling units on a lot from 1.5m to 3m b. revise setbacks for Tourism Accommodations from 7m to 7.5m to match MU Zone requirements; 6) Amendment to Section 6.5.1 Mixed Use Zone Permitted Uses and Developments to revise language for larger campgrounds and RV parks to “21 or more sites” 7) Amendment to Section 9.4.3 Lake Side Zone to add Waterfront Parks not owned by the Municipality by Development Agreement to list of Permitted Uses and Developments. Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 285 Underlined text is added. Strikethrough text is deleted. 3.2 Interpretation of Zone Boundaries The boundaries of zones are shown in the Land Use By-law Zoning Maps (Schedule “A”) and shall be precisely located as follows: 3.2.1 Where a zone boundary is shown on or within a street or highway, the boundary shall be the centreline of such street or highway; 3.2.2 Where a zone boundary approximately follows lot lines, the boundary shall follow such lot lines; 3.2.3 Where a zone boundary approximately follows a shoreline, the boundary shall be the ordinary high water mark; 3.2.4 Where a zone boundary approximately follows a railway right-of-way, public recreational trail right-of-way, electrical transmission right-of-way, or a watercourse, the boundary shall be the centreline of such right-of-way or of such watercourse; 3.2.5 Where there is no landmark, lot line or right-of-way that indicates the precise location of a boundary, the boundary shall be scaled from the Land Use By-law Zoning Maps as shown in Schedule “A;”. 3.2.6 Where maps shown in Schedule “A” are revised from time to time to reflect improved data or more accurate information when property data is undated by the province. 0 GENERAL PROVISIONS 4.1 Application, Waivers and Exemptions 4.1.1 Application of General Provisions The general provisions of Part 4.0 shall apply to all zones and shall prevail over all zone requirements, unless otherwise specified. 4.1.2 Height regulation More Information: The Trade and Licensing By-law can be found at www.chester.ca or by visiting the Municipal Office Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 286 The regulation on maximum height for each zone shall not apply to church spires, water tanks, silos, flagpoles, structures and antennae used for radio-communications, ventilators, skylights, chimneys, clock towers, wind turbines and solar collectors. 4.1.3 Mobile vending a) Mobile vending, associated signs, and associated structures are subject to the Trade and Licensing By-law #11 of the Municipality, and no development permit shall be required. b) Other By-Laws are exempt from Land Use By-Law provisions included but not limited to: Uniform Signage By-Law #152, Outdoor Dining By-Law #153. 4.1.4 Permitted uses a) Unless otherwise indicated as a permitted use in a zone within this By-law, the use shall be deemed to be prohibited in said zone. b) Subject to regulations in each zone, uses accessory to, subordinate to, or incidental to the principal use shall be permitted in any zone. 4.1.5 Restoration to a safe condition Nothing in this By-law shall prevent the strengthening or restoring to a safe condition of any structure. 4.1.6 Signs All signs shall be subject to the applicable requirements of Part 10 of this By-law. 4.1.7 Swimming pools No development permit shall be required for the installation of any swimming pool. However, any decking, accessory structures or fencing associated with a swimming pool may require a development permit subject to the provisions of the By-law. 4.1.8 Accessory Uses Accessory Uses Subject to regulations in each zone, uses accessory to, subordinate to, or incidental to the principal use shall be permitted in any zone. 4.1.9 Accessory Structures Accessory structures shall be permitted in all zones and, unless otherwise indicated, shall be subject to the following: a) Shall not be used for human habitation; b) In zones where minimum yards standards apply, shall not be permitted to be located closer than 1.2 m to any lot line, with the exception of one accessory structure without plumbing which may be built to the ordinary high-water mark; c) Shall not be located or built within 1.5m of a main building or structure, excluding signs, except that a fence or retaining wall may join accessory structures with a main building; d) Small accessory structures shall not require a development permit in any zone with the exception of the Single Unit Residential Zone (SU), the Protected Watershed Zone (PW), and on any land within the Lakefront Overlay; e) Notwithstanding 4.1.9 c), in any zone that includes regulations for Farm Animals, Small accessory structures used for the rearing, breeding, boarding, sheltering and keeping of Farm Animals shall require a Development Permit; f) Minor accessory structures shall not require a development permit. Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 287 4.2 Aggregate processing 4.2.1 In the Kaizer Meadow Industrial (KI) zone, aggregate processing shall be permitted by development permit. 4.2.2 In any other zone, aggregate processing within the active area designated for the operation of an approved pit or quarry, shall be permitted by development permit. 4.2.3 In the General Basic (GB) and Mixed Use (MU) zones, for any location outside of an active area designated for the operation of an approved pit or quarry, and for a period not to exceed six (6) months, aggregate processing shall be permitted by temporary development permit, subject to the following: Provision Standard Minimum distance for the envelope of a processing facility from any existing residential property 360 m Minimum distance for the envelope of a processing facility from any zone boundary other than the Kaizer Meadow Industrial (KI), General Basic (GB), or Mixed Use (MU). 50 m and thereafter not permitted on the same lot except by development agreement. 4.2.4 In the General Basic (GB) and Mixed Use (MU) zones, for any location outside of an active area designated for the operation of an approved pit or quarry, and for a period exceeding six (6) months in any calendar year, aggregate processing shall be permitted by development agreement. 4.3 Agricultural Uses 4.3.1 This By-law does not regulate or control agricultural uses and no development permit shall be required unless otherwise noted in this By-law. 4.4 Cannabis Production Facilities 4.4.1 Indoor Cannabis Production Facilities Indoor Cannabis production facilities completely contained within a building are deemed a light industrial use and shall comply with all zone standards for a light industrial use including but not limited to any required gross floor area or land area requirements. 4.4.2 Outdoor Cannabis Production Facilities Outdoor Cannabis production facilities cultivating, propagating, or harvesting cannabis, are deemed an agricultural use and shall: a) be located a minimum of five hundred (500) m from any permanent dwelling, childcare centre, school, nursery, public park, religious institution, long term care facilities, hospitals or permanent alcohol or drug treatment facility; b) the use shall be set back a minimum of thirty (30) m from all lot lines. 4.5 Community Gardens 4.5.1 Community gardens shall be permitted in any zone and shall not require a development permit. 4.6 Composting, Small-scale Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 288 4.6.1 Small-scale composting shall be permitted as an accessory use to commercial, institutional and light industrial uses in zones where such uses are permitted. 4.7 Electrical Generation Facilities The following provisions shall apply to developments not owned by the Municipality or located on Municipally-owned property. 4.7.1 Wind Turbines Wind turbines shall be permitted in all zones by development permit and shall be subject to the following requirements: a) in the Single Unit Residential (SU), Hamlet (HM), and Gateway (GW) zones, total combined production capacity for all wind turbines on the lot shall not exceed five (5) kilowatts; b) in all other zones, total combined production capacity for all wind turbines on the lot shall not exceed one hundred (100) kilowatts; c) wind turbines shall be set back 1.5 times the height of the turbine, measured from grade to the highest point of the rotor’s arc, from adjoining lot lines; d) wind turbines shall not exceed thirty (30) m in height; e) wind turbines shall bear a non-reflective finish, and shall not contain any exterior lighting; f) no sign shall appear on a wind turbine other than the owner’s or manufacturer’s identification; g) rotor blade clearance shall be at least eight (8) m above grade. 4.7.2 Solar Collectors Solar collectors shall be permitted in all zones, subject to the following requirements: a) This By-law shall apply to all solar collectors that are not attached to a building on the lot. Solar collectors attached to a building do not require a development permit. Off-building solar collectors shall require a Development Permit, except within the General Basic (GB) zone; b) off-building solar collectors shall be permitted on lots that do not contain a main building; c) where minimum yard standards apply, off-building solar collectors shall not be permitted within the front yard and shall meet the requirements of the zone. 4.7.3 High Capacity Electrical Generating Facilities Any electrical generating facilities not permitted under sections 4.7.1 or 4.7.2, such as a large- scale wind turbine facility or solar farm, shall be permitted by development agreement in the General Basic (GB), Business Park (BP), Kaizer Meadow Industrial (KI) and Kaizer Meadow (KM) zones. 4.8 Farm Animals 4.8.1 The rearing, breeding, boarding, sheltering and keeping of Farm animals does not require a development permit unless otherwise stated in this By-law. 4.9 Farm Markets Farm markets operating one day per week or less shall be permitted in any zone and shall not require a development permit. 4.10 Fences 4.10.1 Requirements for fences are based on height, as follows: Fence height Development Permit Location Requirements Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 289 3 m or less No None Greater than 3 m Yes (except within the General Basic (GB) zone Must meet minimum yard requirements of the zone in which it is to be located 4.11 Fuel Production, Alternative Non-commercial 4.11.1 Notwithstanding restrictions within specific zone standards for heavy industrial uses, nothing in this By-law shall prevent the small-scale production of alternative fuel sources such as, but not limited to; biodiesel, methane and ethanol in zones where the production exclusively used in relation to a non-commercial use or non-commerce use. For greater clarity this does not permit any operation involving commercial sale of products or those which require licensing under Provincial Acts relating to fuel production, storage or retail including but not limited to the Resources Conservation Act & Technical Safety Act of Nova Scotia. 4.12 Lots 4.12.1 Common lot line Notwithstanding the yard requirements of each zone, adjoining buildings which are structurally attached to each other are permitted to be built to the common lot line. 4.12.2 Existing undersized lots Notwithstanding minimum lot area and lot frontage requirements established elsewhere in this by- law, a lot which does not satisfy the minimum requirements for lot area, lot frontage, or both, and either was in existence on or before 16 April, 1987 (see MGA Sec. 291), or satisfies one or more of the following requirements (a) or (b) may be used for a purpose permitted in the zone in which the lot is located, and a structure may be erected on the lot, provided that all other applicable provisions of this by-law are satisfied: Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 290 a) The lot has been created after 16 April 1987 by the consolidation of two or more lots, by the expansion or increase in size of an existing lot, by subdivision under the variance provisions of the Municipal Government Act or by an instrument to which the Municipal Government Act does not apply; or b) The lot is located upon an island, in which case the required lot frontage shall be measured along the ordinary high water mark. 4.12.3 Minimum lot frontage The minimum lot frontage for all lots shall be six (6) m, unless otherwise required in this By-law. 4.13 Non-Conforming Structures and Uses 4.13.1 Non-conforming structures: enlargement and relocation A structure, excluding any sign, which was legally in existence on the effective date of this By- law, and which would not otherwise be permitted due to the size of the yard in which it is located, or its setback from property lines, may be: a) enlarged, reconstructed, repaired, renovated, or replaced by a new structure, provided that the structure shall not thereby be permitted to extend, elongate or increase any existing encroachment into the minimum front yard, flankage yard, side yard or rear yard required in that zone except by the granting of a variance in accordance with this By-law. b) relocated, provided no encroachment into the minimum front yard, flankage yard, or rear yard required in that zone shall be permitted except by the granting of a variance in accordance with this By-law. provided that the application for a development permit is supported by a location certificate or survey plan showing the location of the structure in relation to the boundaries of the lot. 4.13.2 Non-conforming structures: used as permitted in zone A structure, excluding any accessory structure or sign, which was legally in existence on the effective date of this By-law, and which would not otherwise be permitted due to the size of the yard in which it is located, or its setback from property lines, may be used as permitted in the zone in which the structure is situated. 4.13.3 Non-conforming uses Prior Existing Uses, land uses which were legally in existence on the effective date of this By-law, and which would not otherwise be permitted in the zone in which they are located due to the type of use or the size of the use, as demonstrated through municipal records or through Statutory Declaration, are subject to the non-conforming provisions of the Municipal Government Act, with the exception that non-conforming uses may be recommenced, if discontinued for a continuous period of less than twelve months. 4.14 Outdoor lighting 4.14.1 For uses requiring a development permit, all outdoor lighting shall be downcast and have full horizontal cut-off so as not to cast directly upon an abutting property. 4.15 Outdoor wood furnaces More Information: The Municipal Government Act allows certain structures which do not otherwise meet the requirements of this By-law to continue to be used and altered subject to certain criteria. For more information, see sections 238-242 of the Municipal Government Act, available from www.nslegislature.ca More Information: The Municipal Government Act allows uses which would otherwise not be permitted under this By- law to continue, subject to certain criteria. For more information, see sections 238-242 of the Municipal Government Act, available from www.nslegislature.ca Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 291 4.15.1 Outdoor wood furnaces shall be permitted, subject to development standards, in all zones except the Single Unit Residential (SU) zone. Outdoor wood furnaces shall be located a minimum of 22.5 m from any lot line and forty-five (45) m from dwellings on adjacent lots, shall not have a chimney height lower than the eaves of the building which it serves, but in any case not lower than five (5) m and shall be kept locked when unattended. 4.16 Parking requirements 4.16.1 Where a development permit is required, the minimum requirement for on-site parking shall be one space for every dwelling unit and one space for every fifty (50) m2 of non-residential floor area. 4.17 Places of Worship & Cemeteries 4.17.1 Places of worship and cemeteries shall be permitted in all zones with the exception of the Business Park (BP), Kaizer Meadow Industrial (KI), Kaizer Meadow (KM), Protected Watershed (PW) and Conservation (CS) zones. 4.18 Private storage 4.18.1 Where there is no other main building on the lot, private storage buildings shall be permitted in any zone subject to the zone standards for yards. to zone standards for single unit dwellings (refer to Section 6.2). 4.19 Public Structures and Uses 4.19.1 Public utilities provided by the Municipality such as, but not limited to, sewage treatment plants, pumping stations, water storage reservoirs, and stormwater management facilities shall be permitted in any zone. 4.19.2 Public buildings, public uses and parks shall be permitted in any zone. 4.20 Radio-communications facilities 4.20.1 Nothing in this By-law shall prevent the use of land for the installation of radio- communications facilities that have been issued a license by the Federal Government following due process as prescribed in the Canadian Radiocommunications Information and Notification Service (CRINS) Antenna System Siting Review and Consultation Protocol, Reference Issue 3 [2014] as amended from time to time. 4.21 Salvage yards 4.21.1 Where permitted, salvage yards shall have an approved commercial highway access from the appropriate Provincial or Municipal department. The area of a salvage yard shall be screened to provide a visual barrier that is at least two (2) m in height. 4.22 Shipping containers 4.22.1 Shipping containers shall be permitted, subject to development standards, in all zones except the Single Unit Residential (SU), and Coastal Island (CI) zones and shall not be used for human habitation unless converted in compliance with the Nova Scotia Building Code. More Information: CRINS is the non- governmental organization that the Municipality has designated as the body which carries out public consultation regarding radio-communications facilities. More information can be found at http://www.crins- sinrc.ca/ Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 292 4.243 Site Plan Approval 4.243.1 Where permitted in the zone, and in accordance with the provisions of the Municipal Government Act, the Development Officer may issue a development permit, upon approval of a site plan approval of moderate-density residential development, or a commercial, institutional, recreational or industrial development, as indicated in zones where such approval may be considered, in which the following requirements have been addressed: a) approval by the authority having jurisdiction for sewage disposal either by an on-site sewage disposal system, or by connection to a municipal central sewer, or by connection to a sewage disposal system satisfying the design and construction requirements of the Municipal Specifications adopted by Council; b) adequate emergency vehicle access; c) adequate solid waste collection access; d) approval by the authority having jurisdiction for access to any public street; e) adequate on-site potable water supply for domestic use and fire suppression, such as not to negatively impact existing abutting developments; f) location of new buildings and additions to existing buildings within the permissible building envelope, and no less than twenty (20) m from any watercourse, water body, or wetland; g) location and design of on-site loading and parking areas to facilitate safe access between building(s) and vehicle parking and maneuvering areas; h) screening of parking areas and any outside storage areas from adjacent properties and from the public street by a fence at least 1.2 m high or an equivalent combination of berms or landscaping; i) location and design of walkways and any outside storage areas so as to facilitate building access, and shall be surfaced with stable materials to prevent dust from blowing onto adjacent properties; j) provision of a landscaped buffer consisting of a combination of trees, shrubs, plants and grass, or retention in the form of existing vegetation, in the front yard, side yard and rear yard, exclusive of parking, driveways and pedestrian walkways, a minimum of 25% of the total land area; k) retention and incorporation of existing vegetation into the site landscaping, including the protection of environmentally sensitive areas; l) with regard to watercourses and water bodies: (i) maintenance of a vegetated buffer of twenty (20) m in depth from the ordinary high-water mark of a watercourse or water body; (ii) retention, replanting and maintenance of the vegetated buffer, in tree cover and understory vegetation to at least 75% of the linear water body frontage of the buffer, and not as a maintained, mowed lawn; (iii) allowance of a 3.5 m wide opening in the vegetated buffer for access to watercourses and water bodies by means of docks, decks and pathways; (iv) allowance of small accessory structures shall be permitted within the vegetative buffer so identified. m) indication on the site plan approval of all easements where applicable; n) indication of measures including lot grading and the limitation of impermeable surfaces, such as concrete and asphalt, to areas for access, parking, and pedestrian walkways so as to demonstrate satisfactory stormwater drainage; o) other than the minimum infilling required for construction of boathouses, slipways, wharves and bridges, indication of adequate management of land levels within twenty (20) m of any watercourse, water body, or the sea such that they are not altered by filling in of land greater that 0.3 m above the natural ground surface; p) provision of outdoor lighting fixtures with full horizontal cut-off such that direct illumination does not extend beyond the lot lines of the development; q) all buildings and all other structures, lawns, trees, shrubs, parking areas, lighting systems, and other landscaping elements shall be maintained in a tidy, attractive and useable state free of unkempt matter of any kind; and the development shall not generate emissions such as dust, radiation, odours, liquids, or light to the air, water, or ground so as to create a recognized health or safety hazard or to create a nuisance to the adjacent properties. Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 293 4.243.2 Notwithstanding site plan approval requirements, accessory structures under fifty (50) m2 shall not require site plan approval but shall be approved by development permit. 4.243.3 The applicant shall enter into a written undertaking to carry out the terms of the site plan approval. 4.254 Stormwater Standard 4.254.1 Residential developments comprising 12 or more dwelling units; or a commercial, institutional, light industrial or heavy industrial development with a gross floor area over 1,000 m2 or occupying a land area over 6,000 m2 shall submit a storm drainage plan, furnished by a qualified professional, namely an engineer, using stormwater management best practices such that: a) surface runoff from impermeable surfaces, and rooftop runoff from downspouts, shall drain across permeable areas such as yards, vegetated areas or other permeable surfaces, utilizing rain gardens, drainage swales or other stormwater control methods, before entering any watercourse, water body, wetland, stormwater system, or drainage ditch; b) peak post-development flows do not exceed pre-development flows for all major storms including extreme weather events (1 in 20-year storms). 4.265 Temporary structures 4.265.1 Temporary uses: special occasions Nothing in this By-law shall prevent the use of land for the erection of temporary structures or signs for a special occasion organized and operated by the Municipality, a non-profit organization, or private household. Such use of land shall not require a development permit. 4.265.2 Temporary structures: incidental to construction A temporary structure incidental to construction of a main building, including but not limited to a mobile site office, tool shed, scaffold, shipping container or temporary shelter of goods, shall require a temporary development permit. The temporary structure shall be removed no more than six (6) months from issuance of a temporary development permit for said temporary structure. 4.265.3 Temporary structures: special occasions A temporary structure for special occasions and holidays, including but not limited to community or private celebrations, and commercial promotions, shall not require a development permit, shall not be installed more than ten (10) days prior to the start of the special occasion and shall be removed no more than ten (10) days following the termination of the special occasion. 4.265.4 Temporary signs: special occasions Nothing in this By-law shall prevent the use of land, the use of structures or the erection of signs during and for the purposes of municipal, provincial or federal election campaign provided such uses are terminated and such signs are removed within seven days following the election. 4.276 Variances 4.276.1 The Development Officer may grant variances of the required minimum or maximum for: a) the number of parking spaces; b) the number of loading spaces; c) percentage of land that may be built upon; d) size or other requirements relating to yards; Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 294 e) lot frontage, lot area, or both lot frontage and lot area provided the lot existed on the effective date of this By-law or a variance was granted for the for the lot at the time of subdivision approval; f) the ground area and height of a structure; g) the floor area occupied by a home-based business; and h) the height and area of a sign. 4.276.2 In considering these variances, no variance shall be issued unless the development permit application is supported by a location certificate or survey plan showing the location of the parking area, loading area, and structures in relation to the property boundaries. 4.287 Vehicle Habitation & Storage 4.287.1 An automobile, truck, bus, coach, rail car, recreational vehicle or other vehicle, or part thereof, with or without wheels, may be used for human habitation with no requirement for a development permit unless listed in the zone standards. 4.287.2 Storage of a recreational vehicle is permitted on any lot, except as noted within specific Zone Standards. 4.287.3 Notwithstanding 4.287.1 and 4.287.2, additional requirements related to the habitation and storage of vehicles are detailed in the zone standards where applicable. 4.287.4 Section 4.287 shall not apply to recreational vehicles in campgrounds and RV parks. 4.298 Watercourses, Water Bodies, and Wetlands 4.298.1 Lakefront Overlay a) anyall developments on a lot subject to the within an area that is covered by the Lakefront Overlay (Schedule “B”) shall require a development permit; b) main buildings are not permitted within the area covered by the Lakefront Overlay. For greater clarity this covers lands within twenty (20) m of the ordinary high water mark of any water body identified on Schedule “B”; c) Small accessory structures, fire-fighting impoundments and structures related to water systems shall be permitted with the Lakefront Overlay subject to the provisions of this By-Law; d) Impermeable surfaces within the Lakefront Overlay shall not exceed 25% of the total lakefront overlay area of the lot area of the lot including buildings and hard-surface landscaping. 4.298.2 Watercourses, Water Bodies, and Wetlands a) all uses requiring a development permit shall place all buildings at least twenty (20) m from the ordinary high-water mark of any wetland, watercourse or water body; b) setback and minimum yard requirements shall not apply to fire-fighting impoundments, small accessory structures and structures related to water systems, or where otherwise permitted in this By-law. c) if a property owner disagrees with the location of a watercourse, water body or wetland as shown on the Nova Scotia 1:10,000 topographic database, a professional assessment may be submitted by the property owner or their representative proving that the boundaries of a watercourse, water body or wetland have changed or that no water feature is present. In such circumstances, the setbacks, if applicable, being in accordance with the Professional assessment. 4.3029 Wharves, slipways and docks Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 295 6.4 Settlement Residential Two Zone 6.4.1 Permitted Uses and Developments The following uses are permitted in the Settlement Residential Two (SR-2) zone subject to the specified 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 1.5 m 1.5 m 1.5 m 11 m 3 – 11 dwelling units on a lot SP 31.5 m 31.5 m 31.5 m 11 m 12 or more dwelling units on a lot DA Land Lease Communities DA Commercial / Institutional Golf Courses DA Marinas DP 1.5 m 10 m none 11 m Tourist Accommodations up to 20 units DP 7.5 m 7.5 m 7.5 m 11 m Any other commercial or institutional use or combination of uses not listed in section 6.4.2 with a gross floor area less than 100 m2 or which occupies a land area less than 500 m2, whichever is lesser DP 1.5 m 3 m 3 m 11 m Any other commercial or institutional use or combination of uses not listed in Section 6.4.3 with a gross floor area between 100 m2 and 500 m2 or which occupies a land area between 500 m2 and 2000 m2, whichever is lesser SP 1.5 m 3 m 3 m 11 m Light Industrial Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement SR - 2 SR-2 Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 296 Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Any other light industrial development or combination of developments not listed in Section 6.4.2 with a gross floor area less than 100 m2 or which occupies a land area less than 500 m2, whichever is lesser DP 7 m 7 m 7 m 11 m Any other light industrial development or combination of developments not listed in Section 6.4.2 between 100 m2 and 500 m2 of gross floor area or which occupies a land area between 500 m2 and 2000 m2, whichever is lesser SP 7 m 7 m 7 m 11 m Research Facility DP 1.5 m 3 m 3 m 11 m Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Forestry Processing DP 5 m 5 m 5 m 11m Waterfront Parks not owned by the Municipality DA Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 297 6.5 Mixed-Use Zone 6.5.1 Permitted Uses and Developments The following uses are permitted in the Mixed Use (MU) Zone subject to the specified approval process and standards: Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Residential 1 – 4 dwelling units on a lot DP 1.5 m 1.5 m 1.5 m none 5 – 11 dwelling units on a lot SP 3 m 3 m 3 m none 12 or more dwelling units on a lot DA Land lease communities DA Commercial / Institutional Campgrounds and RV Parks up to 20 sites DP 10 m 10 m 10 m none Campgrounds and RV Parks more than 21 sites or more DA Golf Courses DA Marinas DP 5 m 5 m none none Tourist Accommodations up to 20 units DP 7.5 m 7.5 m 7.5 m none Tourist Accommodations 20-50 units SP 7.5 m 7.5 m 7.5 m none Tourist Accommodations more than 50 units DA Recycling Depots DP 5 m 5 m 5.m none Any other commercial/institutional development or combination of developments with gross floor area up to 2000 m2 or which occupies a land area up to 6000 m2, whichever is lesser DP 5 m 5 m 5 m none Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement MU MU Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 298 Approval Process Min. Front Yard Min. Side Yard Min. Rear Yard Max. Height of Structure Any other commercial/institutional development with gross floor area greater than 2000 m2 or which occupies a land area greater than 6000 m2, whichever is lesser DA Light Industrial Abattoirs less than 2500 m2 SP 10 m 10 m 10 m none Aggregate processing Permitted subject to the provisions of section 4.2 Aquaculture, including inland fish farms and hatcheries DA Indoor Cannabis Production Facilities DP 5 m 5 m 5 m none Salvage yards less than 2500 m2 SP 10 m 10 m 10 m none Any other light industrial development or combination of developments with gross floor area up to 2000 m2 or which occupies a land area up to 6000 m2, whichever is lesser DP 5 m 5 m 5 m none Any other light industrial development or combination of developments with gross floor area greater than 2000 m2 or which occupies a land area greater than 6000 m2, whichever is lesser DA Other Outdoor Cannabis Production Facilities Permitted subject to the provisions of section 4.4 Forestry Processing DP 5 m 5 m 5 m 11m Waterfront Parks not owned by the Municipality DA MU Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 299 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 Camp (PID 60113842) DP 5m 5m 5m 11m Waterfront Parks not owned by the Municipality DA 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. Abbreviations: DP = Development Permit SP = Site Plan Approval DA = Development Agreement LS LS Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 300 SCHEDULE B Amendments to the Chester Village Land Use By-law Be it enacted by the Council of the Municipality of Chester as follows: 1) Amendments to Section 3.4 Interpretation of Zone Boundaries, to add wording to address the adoption of revised maps from time to time as the province updates data; 2) Amendments to Section 4.5 Waivers and Exemptions, to add language explaining that certain By-laws are exempt from LUB provisions, including but not limited to: Outdoor Dining By-Law #153, Trade and Licensing By-Law #11. Underlined text is added. Strikethrough text is deleted. 3.4 INTERPRETATION OF ZONE BOUNDARIES The boundaries of zones shall be as shown on Schedule "A" and shall be more precisely located as follows: i) where a zone boundary is shown on or within the boundaries of a street or highway the boundary shall be the centre line of such street or highway as shown; ii) where a zone boundary approximately follows property lines the boundary shall follow such property lines; iii) where a street, highway or watercourse is shown on Schedule "A", it shall unless otherwise indicated be included in the zone of the adjoining property on either side thereof; iv) Subject to clause (v) below, where an electrical transmission line right-of-way or watercourse is included on the zoning maps and serves as a boundary between two or more different zones, a line midway on such right- of-way or watercourse and extending in the general direction of the long axis thereof shall be considered the boundary between zones unless specifically indicated otherwise; v) where a zone boundary is indicated as following the shoreline of a lake, ocean or harbour the boundary shall follow the Mean High Water line of the year 1981 as shown on Schedule "A" including wharves and piers, regardless of whether subsequent alterations to the shoreline may have changed the actual mean high water line; vi) where none of these above provisions apply, and where appropriate, the zone boundary shall be scaled from the attached Schedule "A". vii) where maps shown in Schedule “A” are revised from time to time to reflect improved data or more accurate information when property data is undated by the province. 4.5 WAIVERS AND EXEMPTIONS 4.5.1 Accessory Uses No development permit shall be required for any use which is accessory to a permitted use. 4.5.2 Accessory Structures Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 301 Accessory structures shall be permitted in any zone but: i) shall not contain kitchen facilities and shall not be used for human habitation; and ii) shall not be built closer than 1.2 metres (4 feet) to any rear or side lot line except that: a) common semi-detached garages may be centred on the mutual side lot line; and b) accessory buildings with no windows or perforations on the side of the building which faces the said lot line, may be located a minimum of 0.6 metres (2 feet) from the said lot line; and c) with the consent of the property owner below the high water mark, fishing gear sheds, boat houses and boat docks may be built across the lot line when the line corresponds to the water's edge; and d) special requirements apply to accessory structures in the Estate Residential zone (see Subsection 5.3.6), the Waterfront Residential Zone (Subsection 5.4.4), the Water Access Zone (Subsection 11.2). iii) shall not be located or built within 1.5 metres (5 feet) of the main building, except that a fence or wall may join an accessory structure with a main building; iv) accessory structures in the Inner Architectural Control Areas are subject to the requirements of Section 4.6 v) accessory structures in the Highway 3 Development Area are subject to the requirements of Section 4.10 4.5.2A In addition to the requirements of 4.5.2, outdoor wood furnaces shall be located a minimum of 45 metres (150 feet) from any lot line and 90 meters (300 feet) from dwellings on adjacent lots, shall not have a chimney height lower than the eaves of the building which it serves, but in any case not lower than 5 meters (16 feet), and shall be kept locked when unattended. 4.5.3 Minor Accessory Structures No development permit shall be required for miscellaneous minor accessory structures such as, by way of example but not to limit the generality of the foregoing: retaining walls; children's play structures; cold frames; garden trellises; clothes line poles; pet houses; monuments; and interpretive displays. 4.5.4 Private Storage Where there is no other main building on the lot, private storage buildings, including but not limited to private garages, private boathouses, and fishing gear sheds, shall be permitted in any zone subject to the zone standards for yards. 4.5.5 Construction Accessories Nothing in this by-law shall prevent the use of land or the use or erection of temporary structures incidental to construction, such as but not limited to, a construction camp, tool shed, scaffold, sales office or rental office incidental to construction and no development permit for such temporary uses or structures shall be required, provided that a development permit for the main structure under construction has been issued. Such temporary use shall be terminated no more than sixty (60) days after the completion of the construction of the main structure. Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 302 4.5.6 Special Occasions (a) Nothing in this by-law shall prevent the use of land or the erection of temporary buildings, structures or signs for special occasions and holidays not to exceed two weeks in duration and no development permit shall be required for such temporary uses, provided that such uses or structures remain in place for no more than seven (7) days following the termination of the special occasion or holiday. (b) Nothing in this by-law shall prevent the use of land, the use of structures or the erection of signs during and for the purposes of municipal, provincial or federal election campaigns provided such uses are terminated and such signs are removed within seven (7) days following the election. 4.5.7 Uses Permitted In All Zones Public Streets, Public Utilities, Public parks, private parks, and cemeteries shall be permitted in any zone, and structures within them shall be subject to the requirements of Section 8.2 and of Section 4.1. 4.5.8 Lots Lacking Minimum Area Or Frontage Notwithstanding minimum lot area requirements and lot frontage requirements established elsewhere in this by-law, a lot which does not satisfy these minimum requirements for lot area, lot frontage, or both; and either was in existence on or before 16 April, 1987 (see MGA Sec. 291) or satisfies one or more of the following requirements (i) to (v) may be used for a purpose permitted in the zone in which the lot is located, and a structure may be erected on the lot, provided that all other applicable provisions of this by-law except for the minimum lot area and frontage requirement, are satisfied: i) The lot has been created after 16 April, 1987 by the consolidation of two or more lots, by the expansion or increase in size of an existing lot, by subdivision under the variance provisions of the Municipal Government Act or by an instrument to which the Municipal Government Act does not apply; or ii) The lot is located upon an island, in which case the required frontage shall be measured either along the Ordinary High Water Mark or along a right-of-way at least 6 metres (20 feet) wide to the ocean; or iii) No part of the lot is located in the Protected Watershed Zone and the lot has access to a public street by means of a right-of-way of no less than 20 metres (66 feet) in width in which case the required frontage shall be measured along the boundary of the right-of-way; or iv) No part of the lot is located in the Protected Watershed Zone and the lot has access to a public street by means of a right-of-way listed both in Schedule "B" to the Subdivision By-law and Schedule "B" to this Land Use By-law, in which case the required frontage shall be measured along the boundary of the right-of-way; or v) No part of the lot is located in the Protected Watershed Zone and the lot has access to the public street by means of a right-of-way at least 3.6 metres (12 feet) in width in accordance with Policy 5.2.2 of the Planning Strategy. 4.5.9 Conformity with Existing Setbacks Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 303 Notwithstanding setback requirements established elsewhere in this by-law, a building to be constructed between existing buildings, may be built with a front yard equal to or greater than the average front yard of any immediately adjacent buildings on either side, provided that the proposed building shall not encroach upon any public street right-of-way, and further provided that the immediately adjacent buildings are within 30 metres (100 feet) of the building to be constructed. This provision does not apply within the Highway 3 Development Area shown on SPS Map 7. 4.5.10 Existing Structures Where a structure which is not a sign has been erected on or before the effective date of this by-law, or subsequently in accordance with a development permit, with less than the minimum front yard, flankage yard, side yard, rear yard or any other open space required by this by-law, or on a lot having less than the minimum area or frontage, the structure may be used as permitted in the zone in which the structure is situated; and , provided that the application for a development permit is supported by a location certificate or survey plan showing the location of the structure in relation to the boundaries of the property, the structure may be: i) enlarged, reconstructed, repaired, renovated, or replaced by a new structure, provided that the structure shall not thereby be permitted to extend or increase any existing encroachment into the minimum front, flankage, side or rear yard required in that zone except by the operation of Subsection 4.5.14. ii) relocated, provided no encroachment into the minimum front, flankage side, or rear yard required in that zone shall be permitted except by the operation of Subsection 4.5.14. 4.5.11 Restoration to a Safe Condition Nothing in this by-law shall prevent the strengthening or restoring to a safe condition of any structure, provided in the case of a non-conforming use the provisions of the Municipal Government Act shall prevail. 4.5.12 Height Regulations The height regulations of this by-law shall not apply to spires on a church, public utility water tanks, flagpoles, telecommunications towers or chimneys. 4.5.13 Small Scale Business Uses Permitted In all zones, any lot used for residential purposes may be used for small scale business purposes provided that all of the following requirements are satisfied: i) the business shall be located in a dwelling unit on the same lot as the residential use or in an accessory building on the same lot as the residential use; ii) the owner of the business shall live in the main residence on the property; iii) subject to limitations on the uses permitted in particular zones as specified elsewhere in this by-law, the business use shall fall within one of the following types of uses: a) Offices b) Boarding or Rooming Houses c) Craft Workshops d) Guest Houses e) Personal Service Shops f) Studios for the practice or instruction of fine arts or crafts g) Repair Shops Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 304 h) Residential Day Care Centres i) Taxicab Operations iv) retail sales shall be limited to: the sale of products made, assembled, refinished, or repaired on the premises; and the sale of any goods or materials used in any of the processes involved in the primary business use; v) the business use shall occupy a total of no more than 37 sq. m. (400 sq. ft.) or 25 percent of the floor area of the dwelling, whichever is less, except for Guest Houses, where the maximum size of the business shall be three (3) rental units, and except for boarding houses, where the maximum number of boarders or roomers shall be three (3). v) a minimum of two (2) off-street, customer parking spaces shall be provided on the lot, in addition to the space required for the residence itself; vi) there shall not be more than one (1) sign on the lot related to the business use. The sign shall be non-illuminated, shall not exceed 0.5 sq. m. (5 sq. ft.) in area and shall not be a portable sign as specified within this By-law. vii) the use shall not emit noise, odour, dust, light, or radiation that would be a nuisance or is uncustomary in a residential neighbourhood and, on the lot, there shall be no open storage or outdoor display of materials or products related to the business use; viii) no more than two (2) commercial vehicles including taxicabs related to the business use shall be kept upon or operated from the lot on which the business is located; ix) the use shall not include an animal shelter or animal hospital. 4.5.13A Yard Sales Nothing in this by-law shall prevent retail sales events accessory to residential uses provided that: (a) articles for sale shall include only the tangible personal property of the residents conducting the sale; (b) there shall be no more than four such retail sales events on any property during each year; (c) no such retail sales event shall last longer than four consecutive days; and (d) retail sales shall be conducted only during daylight hours between sunrise and sunset. 4.5.14 Variance From Minimum Requirements (a) In accordance with the Planning Strategy, the Development Officer may grant a variance from the requirements of this by-law for the number of parking or loading spaces required the ground area and height of a structure, the floor area occupied by a home-based business, and the height and area of a sign. (b) In accordance with the provisions of Section 235 of the MGA the Development Officer may grant a variance from the requirements of this by-law for the percentage of land that may be built upon, size or other requirements relating to yards, lot area, and lot frontage. (c) In considering these variances, the intent of the Land Use By-law is to carry out the policies expressed in the Planning Strategy, and no variance shall be issued unless the development permit application is supported by a location certificate or survey plan showing the location of the parking area, loading area and structures in relation to the property boundaries. Public Hearing – Development Agreement (Bonny Lea Farm) April 6, 2023 305 4.5.15 Fences Subject to special requirements in the Waterfront Residential (WR) Zone and the Central Village Residential (CVR) Zone: a) Fences 2 metres (6 feet) or less in height are minor accessory structures for which no development permit is required; b) Fences greater than 2 metres (6 feet) in height but less than 3 metres (10 feet) in height are accessory structures subject to the requirements of Subsection 4.5.2; a) Fences 3 metres (10 feet) or greater in height are structures subject to the applicable yard requirements of the zone in which they are located. 4.5.16 Mobile Homes and Mini-homes Mobile homes and mini-homes are not permitted within the Inner Residential Area shown on SPS Map 6, Residential Areas. 4.5.17 Exemptions By-Laws that are exempt from Land Use By-Law provisions included but not limited to: Outdoor Dining By-Law #153, Trade and Licensing By-Law #11. 1 Pam Myra (she/her) From:Tara Maguire Sent:June 13, 2023 11:30 AM To:Pam Myra (she/her); Jennifer Webber (she/her) Subject:Fwd: Invitation to Proclaim Right to Know Week 2023 Attachments:image001.jpg; image002.png; image003.png; 2023 Municipal Proclamation Template.docx TARA MAGUIRE Chief Administrative Officer Office: 902-275-4132 Cell: 902-277-2273 Consider the environment. Do you really need to print this email? Begin forwarded message: From: Information Privacy Commissioner for Nova Scotia <oipcns@novascotia.ca> Date: June 13, 2023 at 11:27:44 AM ADT To: Tara Maguire <tmaguire@chester.ca> Subject: Invitation to Proclaim Right to Know Week 2023 ** EXTERNAL EMAIL ** Please do not open attachments or click links from an unknown or suspicious origin. RE: Right to Know Week in Nova Scotia Good morning Tara Maguire: I am pleased to take this opportunity to encourage your participation in Right to Know Week. September 28, 2023 is International Right to Know Day. In Canada, the week of September 25 to October 1 has been designated as “Right to Know Week.” There will be various activities in most provinces/territories and at the national level during this week. I invite your municipality to proclaim September 25 to October 1, 2023 “Right to Know Week”. I have included the proclamation template for your consideration. If your municipality passes a motion to sign the proclamation, please provide my office with a copy of the proclamation. Upon receipt of a copy, we will recognize your municipality’s proclamation by posting it on our website and on social media. If you do not send a copy to the OIPC, it will not be posted to our website. We also ask that you publicize Right to Know Week in your municipality. In 2022, the OIPC sent invitations to the Province of Nova Scotia and all municipalities inviting them to proclaim Right to Know Week. The following proclaimed or passed a motion/resolution for Right to Know Week in Nova Scotia and provided our office with a copy of the proclamation: 2 1. Province of Nova Scotia 2. Halifax Regional Municipality 3. Municipality of the County of Kings 4. Village of Baddeck A copy of the proposed wording for the proclamation is attached. It has been formatted in such a way as to make it easy for you to complete. Once your municipality has signed the proclamation please provide the OIPC with a copy of it, and it will be posted on the Right to Know Week webpage of our website https://oipc.novascotia.ca. We also may Tweet about it on our Twitter page, @NSInfoPrivacy. We invite you to retain an original signed copy of the Right to Know Proclamation and post it in a prominent location in your municipality. If you require further information, please contact Julie Young, Assessment & Awareness Officer, OIPC at 902-424-4684, or oipcns@novascotia.ca. Additional information about proclamations: A proclamation of Right to Know Week would serve as an official endorsement demonstrating your municipality’s commitment to openness, transparency and accountability, greatly increasing the number of citizens who will become aware of their right to access information. The purpose of Right to Know Week is to celebrate the right of all Canadians to access information in the custody or under the control of public bodies, municipalities, and health custodians as guaranteed by access to information legislation. Such legislation entrenches the accountability of governments by ensuring they operate with transparency and openness. As Nova Scotia’s Information and Privacy Commissioner, I am participating in this Canada- wide effort along with my other Canadian Commissioner colleagues to raise awareness of the right to access information, with a local focus on what it means to those living and working in Nova Scotia. Yours truly, Tricia Ralph Information and Privacy Commissioner for Nova Scotia Sent on behalf of Tricia Ralph by: Julie Young Assessment & Awareness Officer Office of the Information and Privacy Commissioner for Nova Scotia Telephone: 902.424.4684; Toll free within NS: 1.866.243.1564 TDD: 1.800.855.0511; Fax: 1.902.424.8303 https://oipc.novascotia.ca Follow us on Twitter @NSInfoPrivacy Notice: This email may contain confidential information and is intended only for the individual named. If you have received this email by mistake, please notify me by email or by calling 1-902-424-4684 immediately and delete it from your system. Do not copy or distribute it. PROCLAMATION RIGHT TO KNOW WEEK September 25 to October 1, 2023 WHEREAS the Municipality of the District of Chester has adopted the principles of openness, transparency, and accountability; and WHEREAS Part XX of the Municipal Government Act gives citizens a right of access to information in the custody or under the control of the Municipality of the District of Chester; and WHEREAS access to information ensures citizens of Nova Scotia have the opportunity for meaningful participation in the democratic process; and WHEREAS a celebration of the right of citizens to access information will facilitate informed public participation in policy formulation, ensure fairness in government decision-making and permit the airing and reconciliation of divergent views; and WHEREAS the Municipality of the District of Chester joins all other Canadian jurisdictions and democracies world-wide in acknowledging international Right to Know Week; THEREFORE, be it resolved that I, Allen Webber, Warden for the Municipality of the District of Chester, do hereby proclaim September 25 to October 1, 2023 to be RIGHT TO KNOW WEEK in the Municipality of the District of Chester. ______________________________ July 27, 2023 Allen Webber, Warden Date RECOMMENDATION FOR APPROVAL OF COUNCIL FROM JULY 24, 2023 MEETING OF THE RECREATION & PARKS COMMITTEE 2023-345 NATIONAL YOUTH TRACK & FIELD CHAMPIONSHIP SPONSORSHIP OF SETH EVANS IN THE AMOUNT OF $240 MOVED by Sharon Church, SECONDED by Kevin Marczak, that the Recreation Committee recommend to Council that we give Seth Evans of East Chester $240.00 for his participation in the National Youth Track & Field Championships happening in Sherbrook, Quebec, from August 11-13, 2023. MOTION CARRIED. 2023-346 ADJOURNMENT 7/20/2023 1 Municipality of Chester Fall 2022 Triage BR&E Report ©2022 Deloitte LLP and affiliated entities 2 •The Municipality of Chester completed a business satisfaction survey to understand how to best support local businesses. Business retention and expansion (BR+E) activities can be employed to ensure business needs are monitored and addressed; however, engagement can be time consuming and complex. •A Triage BR&E Survey was commissioned to engage the broader business community, while also allowing for the identification of potential expansion or retention opportunities for follow-up on a business-by-business basis. Overview Background 1 2 7/20/2023 2 ©2022 Deloitte LLP and affiliated entities 3 •A random sample telephone/online survey was conducted with 100 businesses. The total response rate for the online and phone surveys was 30.2%, which is very high in the market research industry. The average phone interview length was 16.4 minutes. •This scientific approach ensures that the results have a high level of accuracy (with a 9.8% margin of error at a 95% confidence level) and statistically represents the business community in the region. Overview Methodology ©2022 Deloitte LLP and affiliated entities 4 Business Community Firmographics 3 4 7/20/2023 3 ©2022 Deloitte LLP and affiliated entities 5 Firmographics Business Sector (N=100) Ownership (N=100) 95% 5% Locally Owned and Operated Externally Owned and Operated *Other responses include retail, automotive repair, hospitality, and food industry 40% 2% 7% 13% 13% 25% Other (Please specify) Green Industry (sustane, solar, wind, etc.) Niche and Value-Added Manufacturing (forestry, fishing, manufacturing, plastics, etc.) Arts, Culture Recreation (artisan, woodworking, retail, sailing, board sports, cycling, theatre,… Business Services (financial, information, real estate, law, etc.) Construction (electrical, contractor, plumbing and heating, landscape, engineering, building supplies,… ©2022 Deloitte LLP and affiliated entities 6 26% 48% 12%10% 3%1% 1 2 to 5 6 to 10 11 to 20 21-50 51-99 Firmographics Years Operating in Chester (N=99) Full-Time Employees (N=100) 3% 31% 9% 57% Less than 1 year 1-5 years 6-10 years More than 10 years 5 6 7/20/2023 4 ©2022 Deloitte LLP and affiliated entities 7 20% 80% Rent Own Firmographics Own or Rent Business Property? (N=98) Term of Lease (n=20): Lease expires (n=12): 30%25% 15%10% 20% Month to month One-year term Two to three- year term Four to five-year term More than five years 50% 25% 25% Less than a year 1 to 3 years 4 to 5 years ©2022 Deloitte LLP and affiliated entities 8 Firmographics Sales Based on Region (N=100) 6% 11% 14% 17% 14% 23% 41% 57% 55% 25% 5% 5% 4% 4% 13% 50% Newfoundland & Labrador PEI New Brunswick Region of Queens Internationally Elsewhere in Canada Elsewhere in Nova Scotia The Municipality of the District of Lunenburg Halifax Regional Municipality The Municipality of Chester Some Most Top 2 75% 68% 61% 45% 28% 19% 17% 14% 11% 6% 7 8 7/20/2023 5 ©2022 Deloitte LLP and affiliated entities 9 Business Performance ©2022 Deloitte LLP and affiliated entities 10 Thinking about the next 12 months, do you expect the total number of employees in your company to: (N=97) Business Performance Over the past 12 months did the total number of employees in your company: (N=99) 14% 64%22% Decrease Remain the same Increase 59%39% Decrease Remain the same Increase Over the past 12 months would you say your attitude about doing business in the Municipality is… (N=100) 8% 72%20% More negative The same and has not changed More positive Net Positive 12% 9 10 7/20/2023 6 ©2022 Deloitte LLP and affiliated entities 11 And what are your expectations for the next 12 months in total revenues compared to last 12 months? (N=94) Over the past 12 months have your revenues at your businesses … (N=99) 21% 33% 46% Decrease Remain the same Increase 9% 37%54% Lower The same Higher Business Performance ©2022 Deloitte LLP and affiliated entities 12 The Business Performance Forecast is a metric created by combining the five business performance questions. It considers the changes in staff, revenue and attitudes among businesses in the region for an overall directional picture of the business climate in the area. Business Performance -100 0 +100 Contracting Stable Expanding The Municipality of Chester scored +5.2 indicating an overall increasing trend in business performance. +5.2 11 12 7/20/2023 7 ©2022 Deloitte LLP and affiliated entities 13 Net Promoter Score ©2022 Deloitte LLP and affiliated entities 14 Please rate the level to which you agree or disagree with the following statement: I would recommend this Municipality to another business looking to expand or relocate. Community Recommendation Top 2 Box = 84% 5% 11%51%33% Strongly disagree Somewhat disagree Somewhat agree Strongly agree 13 14 7/20/2023 8 ©2022 Deloitte LLP and affiliated entities 15 Net Promoter Score: Based on response to the following statement – “I would recommend this region to another business looking to expand or relocate.” Net Promoter Score PercentageResponse to questionDefinitionGroup 33%Strongly AgreeActive proponents of the communityPromoters 51%Somewhat AgreeNeutral businessesPassives 16%Somewhat Disagree or Strongly Disagree Businesses with a negative opinion that may harm branding efforts Detractors -100%0 +100% Negative Neutral Positive The Net Promoter Score was +17% indicating more positive proponents of the community than negative. +17% ©2022 Deloitte LLP and affiliated entities 16 Key Performance Indicator (KPI) 15 16 7/20/2023 9 ©2022 Deloitte LLP and affiliated entities 17 Key Performance Indicator (KPI) Overall, how sa<sfied are you with The Municipality of Chester as a place to own and operate a business? KPI: 0%100% 87% 5% 8% 48%39% Very dissatisfied Somewhat dissatisfied Somewhat satisfied Very satisfied ©2022 Deloitte LLP and affiliated entities 18 Satisfaction Levels 17 18 7/20/2023 10 ©2022 Deloitte LLP and affiliated entities 19 Satisfaction Levels How satisfied you are with each of the following factors of doing business in the Community? Top two box: Very Satisfied & Somewhat Satisfied combined. 28% 31% 36% 44% 48% 48% 51% 52% 55% 55% 55% 65% 65% 74% 74% 78% 83% Availability of adequate housing Availability of skilled labour Availability of unskilled labour Availability of health and medical services Availability of warehouse space Affordability of commercial space for purchase or lease Availability of property for purchase or lease Availability of funding programs for business and property… Cellular phone service Availability of industrial space Development/building permit process Municipal property taxes Availability of retail space Ability of the Municipality to attract new residents Municipal marketing efforts to advertise the region (e.g.… Zoning Ability of the Municipality to attract tourists ©2022 Deloitte LLP and affiliated entities 20 Derived Importance & Priority Matrix 19 20 7/20/2023 11 ©2022 Deloitte LLP and affiliated entities 21 Derived Importance & Priority Matrix Derived Importance •A statistical calculation of importance •Far more accurate relative to asking importance •Calculates the correlation coefficient of business factors with the KPI •Factors with a high derived importance will have the greatest impact on the KPI Priority Matrix •A list of business factors to focus efforts •Each priority is calculated using the level of satisfaction and the importance of each item (Derived Importance) •Factors with lower satisfaction scores and higher importance become the top priorities •Making improvements to the top priorities will have the greatest impact on improving the overall KPI Example: ©2022 Deloitte LLP and affiliated entities 22 Priority Matrix Higher Priority Lower Priority Priority RankImportancePerformanceFactor 15.828%Availability of adequate housing 26.031%Availability of skilled labour 38.552%Availability of funding programs for business and property improvement 48.955%Development/building permit process 57.248%Availability of warehouse space 67.048%Affordability of commercial space for purchase or lease 77.051%Availability of property for purchase or lease 85.438%Availability of unskilled labour 97.055%Availability of industrial space 105.644%Availability of health and medical services 117.965%Availability of retail space 125.255%Cellular phone service 136.665%Municipal property taxes 148.574%Municipal marketing efforts to advertise the region (e.g. social media, web presence, etc.) 157.474%Ability of the Municipality to attract new residents 168.783%Ability of the Municipality to attract tourists 176.678%Zoning 21 22 7/20/2023 12 ©2022 Deloitte LLP and affiliated entities 23 Priority Matrix Priority RankFactor 1Availability of health and medical services 2Availability of adequate housing 3Availability of funding programs for business and property improvement 4Availability of skilled labour 5Availability of unskilled labour 6Availability of property for purchase or lease 7Cellular phone service 8Affordability of commercial space for purchase or lease 9Availability of warehouse space 10Development/building permit process 11Municipal property taxes 12Availability of industrial space 13Zoning 14Ability of the Municipality to attract tourists 15Municipal marketing efforts to advertise the region (e.g. social media, web presence, etc.) 16Ability of the Municipality to attract new residents 17Availability of retail space Priority RankFactor 1Availability of adequate housing 2Availability of skilled labour 3Availability of funding programs for business and property improvement 4Development/building permit process 5Availability of warehouse space 6Affordability of commercial space for purchase or lease 7Availability of property for purchase or lease 8Availability of unskilled labour 9Availability of industrial space 10Availability of health and medical services 11Availability of retail space 12Cellular phone service 13Municipal property taxes 14 Municipal marketing efforts to advertise the region (e.g. social media, web presence, etc.) 15Ability of the Municipality to attract new residents 16Ability of the Municipality to attract tourists 17Zoning Priority RankFactor 1Availability of unskilled labour 2Availability of health and medical services 3Availability of warehouse space 4Affordability of commercial space for purchase or lease 5Availability of adequate housing 6Availability of retail space 7Development/building permit process 8Availability of skilled labour 9Availability of industrial space 10Municipal property taxes 11Availability of property for purchase or lease 12 Municipal marketing efforts to advertise the region (e.g. social media, web presence, etc.) 13Availability of funding programs for business and property improvement 14Zoning 15Ability of the Municipality to attract new residents 16Ability of the Municipality to attract tourists 17Cellular phone service MODL Chester Queens ©2022 Deloitte LLP and affiliated entities 24 Business Community Health Index 23 24 7/20/2023 13 ©2022 Deloitte LLP and affiliated entities 25 Community Business Health Index Using the results of this business survey, Deloitte combines the questions into a proprietary Community Business Health Index which is the combination of the following nine sub-scores: Overall Satisfaction Workforce Attraction and Retention Business Policies, Supports and Incentives Infrastructure and Amenities Change in Attitudes Revenue Outlook Change in RevenueFuture Plans Community Recommendation ©2022 Deloitte LLP and affiliated entities 26 0 100 200 300 400 500 600 700 800 900 1000 The Municipality of Chester scored well on the Community Business Health Index. This index is based on several factors: - The Municipality outperformed the national average on businesses’ ratings of many of the Business Health Index sub-scores, including: historical and expected revenue changes, changing attitudes about doing business in the region and businesses’ future plans. - Some indicators that were rated relatively lower in the Municipality of Chester compared to the national average included Workforce Attraction and Retention measures and Infrastructure and Amenities. Community Business Health Index Municipality of Chester = 746 National 5-Year average = 754 Business Health Index Score In d i v i d u a l B u s i n e s s e s 25 26 7/20/2023 14 ©2022 Deloitte LLP and affiliated entities 27 Businesses with plans to expand: •26 businesses total •9 in less than 6 months •17 in more than 6 months Businesses with plans to expand: •26 businesses total •9 in less than 6 months •17 in more than 6 months Future Plans – Next 24 months Plans to downsize: •4 businesses total •1 in less than 6 months •3 in more than 6 months Plans to downsize: •4 businesses total •1 in less than 6 months •3 in more than 6 months Plans to relocate: •4 businesses total •1 in less than 6 months •3 in more than 6 months Plans to relocate: •4 businesses total •1 in less than 6 months •3 in more than 6 months Plans to close: •1 business total •1 in less than 6 months Plans to close: •1 business total •1 in less than 6 months Plans to sell: •2 businesses total •1 in less than 6 months •1 in more than 6 months Plans to sell: •2 businesses total •1 in less than 6 months •1 in more than 6 months ©2022 Deloitte LLP and affiliated entities 28 Businesses Communications Correspondence with various levels of municipal government in past 12 months (N=100) *Please note respondents were able to select multiple options, therefore totals may be greater than 100%. 30% 11% 42% 59% None of the above Economic development department Elected officials Local municipal staff 27 28 7/20/2023 15 ©2022 Deloitte LLP and affiliated entities 29 Contact Chris Bandak Managing Director, Economic and Policy Advisory cbandak@deloitte.ca +1 (416) 607-3793 Schaun Goodeve Manager, Economic and Policy Advisory sgoodeve@deloitte.ca +1 (403) 390-9775 Simon Webb Manager, Economic and Policy Advisory swebb@deloitte.ca +1 (613) 299-3776 www.deloitte.ca About Deloitte Deloitte provides audit and assurance, consulting, financial advisory, risk advisory, tax, and related services to public and private clients spanning multiple industries. Deloitte serves four out of five Fortune Global 500® companies through a globally connected network of member firms in more than 150 countries and territories bringing world-class capabilities, insights, and service to address clients’ most complex business challenges. Deloitte LLP, an Ontario limited liability partnership, is the Canadian member firm of Deloitte Touche Tohmatsu Limited. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee, and its network of member firms, each of which is a legally separate and independent entity. Please see www.deloitte.com/about for a detailed description of the legal structure of Deloitte Touche Tohmatsu Limited and its member firms. Our global Purpose is making an impact that matters. At Deloitte Canada, that translates into building a better future by accelerating and expanding access to knowledge. We believe we can achieve this Purpose by living our shared values to lead the way, serve with integrity, take care of each other, foster inclusion, and collaborate for measurable impact. To learn more about how Deloitte’s approximately 312,000 professionals, over 12,000 of whom are part of the Canadian firm, please connect with us on LinkedIn, Twitter, Instagram, or Facebook. © Deloitte LLP and affiliated entities. 29 30 REQUEST FOR DECISION Prepared By: Tim Topping, CPA, CA, Director of Financial and Information Services Date July 7, 2023 Reviewed By: Date Authorized By: Tara Maguire, CAO Date July 20, 2023 CURRENT SITUATION MODC’s Tax Exemption policy provides low-income tax exemptions as allowed under section 69 of the Municipal Government Act (MGA). Section 7.0 of the current policy has the following guidance for annual adjustment of income levels and exemption amounts: 7.0 Annually tax exemption income levels and the exemption amounts will be adjusted as follows: (i) Annually, the income levels, below which an exemption for taxation is granted, will be adjusted by either the seasonally adjusted year-over-year percent change in average weekly earnings for Nova Scotia or to the extent that council considers appropriate. (ii) Annually, the scale of exemption amounts granted will be adjusted by either the annual increase in the combined change in the PVSC CAP rate and the change in residential tax bill for the general tax rate and waste collection and disposal area rate or to the extent that council considers appropriate. On March 16, 2023, the annual budget of the Municipality for 2023/24 was approved with $122,100 for low-income tax exemptions. This document looks at options for amending the tax exemption amounts granted by the Municipality for individuals with low income. RECOMMENDATION That the Committee of the Whole recommend to Council to approve giving first notice for making the following changes to the Tax exemption policy (Option 1), to increase the income threshold by 4.1% and exemption amounts by 6.4%: Amend section 2.0 i), ii) and iii) as follows: 2.0 The Director of Finance of the Municipality shall grant an exemption as follows: i) For owners with an Income Level of $16,419 $17,092 or less the tax exemption shall be the lessor of $813 $865 or the tax on the general tax rate and the waste collection and disposal area rate only; REPORT TO: Committee of the Whole SUBMITTED BY: Finance Department DATE: July 20, 2023 SUBJECT: Amendments to Policy P-25 Tax Exemption ORIGIN: Annual review of low-income exemption amounts 2 Request For Decision /Direction ii) For owners with an Income Level of $16,419 $17,092 to $27,558 $28,688 the tax exemption shall be the lessor of $813 $865 less the bracket’s change in the exemption amount ($487 $518) prorated for the income above $16,419 $17,092 divided by the bracket’s income size* or the tax on the general tax rate and the waste collection and disposal area rate only. * i.e. $813 – (((income - $16,419) / ($27,558 - $16,419)) x ($813 - $326)) * i.e. $865 – (((income - $17,092) / ($28,688 - $17,092)) x ($865 - $347)) iii) For owners with an Income Level of $27,558 $28,688 to $29,590 $30,803 the tax exemption shall be the lessor of $326 $347 less the bracket’s change in the exemption amount ($326 $347) prorated for the income above $27,558 $28,688 divided by the bracket’s income size^ or the tax on the general tax rate and the waste collection and disposal area rate only. ^ i.e. $326 – (((income - $27,558) / ($29,590 - $27,558)) x $326) ^ i.e. $347 – (((income - $28,688) / ($30,803 - $28,688)) x $347) Amend Appendix A as follows: SCHEDULE A MUNICIPALITY OF THE DISTRICT OF CHESTER – PROPERTY TAX EXEMPTION AFFIDAVIT YEAR DISTRICT ACCOUNT EXEMPTION AMOUNT NUMBER 2022/23 2023/24 I/We, ____________________ & ____________________, property owners of ____________________ in the County of Lunenburg, Province of Nova Scotia, and is our principal residence, make oath and say as follows: 1. That the total income before deductions of all assessed owners, their spouses (including Common Law Spouses) who occupy the property as their principal residence, family members residing at the same household, who contribute to household expenses and those who hold an interest in the property and contribute to household expenses was as follows during the calendar year 2021 2022. Any Allowance paid pursuant to the War Veterans Allowance Act (Canada) or pension paid pursuant to the Pension Act (Canada) is not to be included in a person’s total income for this purpose. ___ Combined Income was $16,419 $17,092 or less; OR ___ Combined Income was between $16,420 $17,093 and $27,558 $28,688; OR ___ Combined Income was between $27,559 $28,689 and $29,590 $30,803 AND BACKGROUND Section 69 of the MGA states that Council may, by policy, grant an exemption from taxation, in the amount or to the extent set out in the policy, for a person whose income is below the amount set out in the policy and may prescribe a scale of exemptions related to income. 3 Request For Decision /Direction Prior to the 2022/23 fiscal year, the income thresholds and exemption amounts were increased annually by the 12-month average of all-items in the Consumer Price Index (“CPI”) in Nova Scotia, for the previous calendar year. In 2022/23, several changes were made to policy P-25, including changing the benchmarks for increasing income thresholds, and maximum exemption amounts. The income thresholds are now to be adjusted annually by the year-over-year increase in average weekly earnings, for Nova Scotia (4.1%) or to the extent that council considers appropriate. The maximum exemption amounts are now to be adjusted annually by the combined change in the PVSC CAP rate and the change in residential tax bill for the general tax rate and waste collection and disposal area rate (6.4%) or to the extent that council considers appropriate. In 2022/23, tax exemptions were granted in the amount of $98,284 versus a budget of $104,000. The budget amount has changed to $122,100 for 2023/24. Tax exemption expenses for the last five years were as follows: - 2022/23 $98,284 - 2021/22 $83,392 - 2020/21 $95,473 - 2019/20 $53,491 - 2018/19 $51,786 The exemptions provided in 2022/23 break down as follows: Income Number of Exemptions Granted Cost of Exemptions Less than $16,419 33 $ 21,919 Between $16,419 and $27,558 139 74,677 Between $27,558 and $29,590 10 1,688 Total 182 $ 98,284 On March 16, 2023, the annual budget of the Municipality for 2023/24 was approved with an increase to the annual budget for low-income tax exemptions from $104,000 to $122,100. DISCUSSION Considering the actual cost of this program in 2022/23 ($97,994) and the proposed increases to exemption amounts and income thresholds, the current 2023/24 budget of $122,100 is expected to be sufficient to cover the costs of the program. 4 Request For Decision /Direction IMPLICATIONS Policy Policy P-25 will be amended as noted above. Financial/Budgetary Increasing the income limits and exemption amounts will likely increase the costs associated with the program above the previous year’s amount, however, the increase is expected to remain within the budgeted amount. Environmental – N/A Strategic Plan Revising the low-income exemption amounts will assist the Municipality in advancing the following Priority Areas of the 2021-24 Strategic Priorities Framework: Governance & Engagement Priority Outcome 2: Ensure municipal bylaw and policy frameworks reflect current and changing needs Work Program Implications – N/A OPTIONS Option 1 (recommended): Increase the income limits by 4.1%, to align with the year-over-year change in average weekly earnings in Nova Scotia, and increase maximum exemption amounts by 6.4% to align with the combined change in the PVSC CAP rate and the change in residential tax bill for the general tax rate and waste collection and disposal area rate. This option would set the income thresholds at $17,092, $28,688, and $30,803, and the maximum exemption amounts at $865 and $347. Option 2: Increase the income limits and exemption amounts by some amount other than the recommended benchmarks. If this option is selected, Council should provide alternative percentages by which the amounts will increase. Option 3: Defer the decisions on policy P-25 to a later date and request additional information from administration. ATTACHMENTS Draft amendments to policy P-25 COMMUNICATIONS (INTERNAL/EXTERNAL) Internal – Finance staff External – public via website, newsletter, direct from Councilors Municipality of the District of Chester Tax Exemption Policy Policy P-25 Amended - Effective Date: Fiscal Year 2022/20232023/2024 Tax Exemption Policy (continued) 2 _______________________________________________________________________________________________________________ First Notice – Council Second Notice – Council Effective Date – September MUNICIPALITY OF THE DISTRICT OF CHESTER POLICY P-25 TAX EXEMPTION POLICY WHEREAS Section 69 of the Municipal Government Act permits a Municipality to grant a tax exemption for low income earners; THEREFORE, BE IT RESOLVED that Council of the Municipality of the District of Chester adopts the following policy respecting property tax exemptions. 1.0 In this Policy, 1.1 INCOME means a person’s total income (total income before deductions) from all sources for the calendar year preceding the fiscal year of the Municipality of the District of Chester, excluding any allowances paid pursuant to the War Veterans Allowance Act (Canada) or Pension paid pursuant to the Pension Act (Canada) and includes: i) The income of all assessed owners, their spouse(s), including common law spouses who occupy the property as their principal residence; ii) The income from members of the same family residing in the same household, who contribute to the household expenses; and iii) Those who hold an interest in the property and contribute to the household expenses. 1.2 Owner and those who an interest in the property includes: i) The person assessed for the property; ii) A person who holds title including a part owner, joint owner, tenant in common, or joint tenant of the property; and ii) A person with a life interest in the property; and iv) A person with a matrimonial interest. Not included are those with a leasehold interest and those with an interest under an agreement of purchase and sale. 1.3 Principal Residence is the ordinary place of residence for greater part of the year of an owner as well as an owner in a hospital or nursing care facility, unless that person has not slept at the property for a period of two (2) years or more, or unless the property has been rented to paying tenants, in either of which events, the property shall be deemed to cease being the owner’s ordinary place of residence. Tax Exemption Policy (continued) 3 _______________________________________________________________________________________________________________ First Notice – Council Second Notice – Council Effective Date – September 1.4 SAME FAMILY in section 1.1(ii) is defined as including, but not limited to, children and stepchildren connected to at least one of the legally married or common-law couples included in section 1.1(i). 2.0 The Director of Finance of the Municipality shall grant an exemption as follows: i) For owners with an Income Level of $16,41917,092 or less the tax exemption shall be the lessor of $813 865 or the tax on the general tax rate and the waste collection and disposal area rate only; ii) For owners with an Income Level of $16,41917,092 to $27,55828,688 the tax exemption shall be the lessor of $813 865 less the bracket’s change in the exemption amount $487518) prorated for the income above $16,41917,092 divided by the bracket’s income size* or the tax on the general tax rate and the waste collection and disposal area rate only. * i.e. $813 865 - (((income - $16,41917,092) / ($27,55828,688 - $16,41917,092)) x ($813 865 - $326347)) iii) For owners with an Income Level of $27,55828,688 to $29,59030,803 the tax exemption shall be the lessor of $326 347 less the bracket’s change in the exemption amount $326347) prorated for the income above $27,55828,688 divided by the bracket’s income size^ or the tax on the general tax rate and the waste collection and disposal area rate only. ^ i.e. $326 347 - (((income - $27,55828,688) / ($29,59030,803 - $27,55828,688)) x $326347) 3.0 A person or persons applying for an exemption must: i) Make an affidavit: a) Regarding his/her income from all sources in the calendar year preceding the Municipal taxation year for which the exemption is sought. Satisfactory verification of income must be presented to substantiate the exemption. Exemption form attached as Schedule "A”. b) Verify that any person who either holds an interest in the property or are family members residing in the same household, whose income is not included in household income pursuant to clause 1.1 (ii), does not contribute to paying household expenses. c) Provide satisfactory verification of income to substantiate the exemption. Satisfactory evidence includes a CRA notice assessment, GST/HST credit notice, and copy of tax return prepared by a third-party tax preparer. Tax Exemption Policy (continued) 4 _______________________________________________________________________________________________________________ First Notice – Council Second Notice – Council Effective Date – September iii) Apply for the exemption each year prior to March 31st of the Municipal taxation year. 4.0 The exemption shall only apply to a property where at least one of the assessed owners occupies it as his/her principal residence. 5.0 Prior to an exemption being granted, all outstanding debts to the Municipality, which are not a lien on the property, shall be paid in full. This would include any fees such as building permit fees, landfill tipping fees, recreation fees, etc. 6.0 Residents who would otherwise have qualified for an exemption, but who have missed the deadline for application, may submit a written request for appeal to the CAO, for special approval. This appeal process will be available until June 30th. After June 30th, any further appeals must be submitted through Council. 7.0 Annually tax exemption income levels and the exemption amounts will be adjusted as follows: i) Annually, the income levels, below which an exemption for taxation is granted, will be adjusted by either the seasonally adjusted year-over-year percent change in average weekly earnings for Nova Scotia or to the extent that council considers appropriate. ii) Annually, the scale of exemption amounts granted will be adjusted by either the combined change in the PVSC CAP rate and the change in residential tax bill for the general tax rate and waste collection and disposal area rate or to the extent that council considers appropriate. Tax Exemption Policy (continued) 5 _______________________________________________________________________________________________________________ First Notice – Council Second Notice – Council Effective Date – September SCHEDULE A MUNICIPALITY OF THE DISTRICT OF CHESTER – PROPERTY TAX EXEMPTION AFFIDAVIT YEAR DISTRICT ACCOUNT EXEMPTION AMOUNT NUMBER 2022/232 023/24 I/We, ____________________ & ____________________, property owners of ____________________ in the County of Lunenburg, Province of Nova Scotia, and is our principal residence, make oath and say as follows: 1. That the total income before deductions of all assessed owners, their spouses (including Common Law Spouses) who occupy the property as their principal residence, family members residing in the same household, who contribute to household expenses and those who hold an interest in the property and contribute to household expenses, was as follows during the calendar year 20212022. Any Allowance paid pursuant to the War Veterans Allowance Act (Canada) or pension paid pursuant to the Pension Act (Canada) is not to be included in a person’s total income for this purpose. ___ Combined Income was $16,41917,092 or less; OR ___ Combined Income was between $16,42017,093 and $27,55828,688; OR ___ Combined Income was between $27,55928,689 and $29,59030,803 AND 2. ___ Verification Provided of combined income of $______________. Check one of the following: ___ Notice of Assessment, _____ GST/HST Credit Notice, _____Copy of tax return. 3. Would you like to be contacted directly when Policy P-25 is amended for the following fiscal year? Yes___ No___ How would you prefer to be contacted? (phone/mail/email): __________________________________ __________________________________________________________________________________________________ NOTE: - THIS IS A LEGAL SWORN AFFIDAVIT AND THE APPLICANTS SIGNATURE(S) ENDORSED BELOW ARE VERIFICATION THAT THE INFORMATION PROVIDED IS TRUE IN ALL RESPECTS. THE AMOUNT OF EXEMPTION GRANTED WILL BE DETERMINED AFTER THE FINAL TAX BILL IS PRODUCED AND WILL BE LIMITED TO THE GENERAL RESIDENTIAL TAX AND WASTE COLLECTION AND DISPOSAL AREA RATE PORTION OF THE OVERALL TAX BILL (I.E. DOES NOT INCLUDE OTHER AREA RATES). Sworn to at ______________ in the County of Lunenburg, Nova Scotia on the ____ day of ________, 20___. ______________________________________ ______________________________________ Staff Signature ______________________________________ Tax Exemption Policy (continued) 6 _______________________________________________________________________________________________________________ First Notice – Council Second Notice – Council Effective Date – September ______________________________________ ______________________________________ A Commissioner of the Supreme Court of Signature of Applicant(s) Nova Scotia or a Municipal Councilor Tax Exemption Policy (continued) 7 _______________________________________________________________________________________________________________ First Notice – Council Second Notice – Council Effective Date – September Annotation for Official Policy Book Date of First Notice at Council September 8, 2022 2022-353 Date of Second Notice at Council September 29, 2022 2022-381 Effective Date September 29, 2022 I certify that this Policy was adopted by Council as indicated above. _______________________________________ October 12, 2022 Pamela M. Myra, Municipal Clerk Date REQUEST FOR DECISION REPORT TO: Council MEETING DATE: July 27, 2023 DEPARTMENT: Infrastructure & Operations SUBJECT: ¾ ton Service Vehicle ORIGIN: Kaizer Meadows Landfill Date: June 28, 2023 Prepared by: Tammie Bezanson, CET Date: July 10, 2023 Reviewed by: Christa Rafuse, Director of Solid Waste Date: July 20, 2023 Authorized by: Tara Maguire, CAO RECOMMENDED MOTION That council approves the purchase of one (1) ¾ ton 4x4 diesel truck to South Shore Chevrolet. CURRENT SITUATION The approved 2023-2024 Capital Budget included the supply and delivery of one (1) 4x4 ¾ ton diesel truck, budgeted for $85,000 for Kaizer Meadows Landfill. BACKGROUND The project has been approved in the 2023-2024 Capital budget. This truck will be used primarily for Solid Waste staff to complete winter maintenance at the Kaizer Meadows landfill, it is replacing an older plow truck. DISCUSSION An RFQ was issued on June 12, 2023 and closed June 27, 2023. A total of two (2) submissions were received for the ¾ ton truck. The Solid Waste vehicle is a replacement for a 2012- 2500 Chevrolet due to end of service life, and as such was included in the RFQ as a trade-in. Submissions were reviewed by staff with complete evaluation based on the information/criteria submitted as outlined in the RFQ. Submissions received are as follows: G. W. Mosher Motors Limited ¾ ton truck with trade-in allowance $91,370.27-$1000.00 = $90,370.27 South Shore Chevrolet ¾ ton truck with trade-in allowance $86,207.65-$10,000.00 = $76,207.65 OPTIONS Option A – Approve the purchase of the ¾ ton truck for a total of $76,207.65 + HST Option B – Direct back to staff for further information. 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 Not Applicable Financial/budgetary This project has been approved in the 2023-2024 Capital Budget. Strategic Priorities This project is part of the annual asset management of the municipal fleet. Priority Outcomes: Governance & Engagement 1. Ensure municipal service delivery is efficient and effective, communicated, and accessible. Priority Outcomes: Infrastructure & Service Delivery 1. Create efficiencies through innovative service delivery, and proactive maintenance and operations of existing infrastructure. Environmental Stewardship 1. Seek opportunities for innovation and leadership in waste management. 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? No Has Legal review been completed? ___ Yes _ _ No _X_ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) N/A ATTACHMENTS None REQUEST FOR DECISION REPORT TO: Council MEETING DATE: July 27, 2023 DEPARTMENT: Solid Waste, IAO SUBJECT: Mobile EVC Unit ORIGIN: Kaizer Meadow Landfill Date: June 28, 2023 Prepared by: Christa Rafuse, P.Eng., Director of SW Date: June 29, 2023 Reviewed by: Dan Pittman Date: July 13, 2023 Reviewed by: Matthew Blair, Director of IAO Date: July 20, 2023 Authorized by: Tara Maguire, CAO RECOMMENDED MOTION Staff request that Council authorize the purchase of a new mobile Evaporization Crystallization (EVC) Unit. CURRENT SITUATION The original mobile EVC Unit has reached its end of life and we need to maintain a minimum of two in operation to handle leachate processing as per our environmental permit. The replacement of this unit was not included in the 2023-23 budget. However, at this time, replacement is recommended. BACKGROUND The original mobile EVC tower is over five (5) years old and works under harsh conditions spraying leachate effluent year-round. A replacement is now needed due to deterioration, and costs to repair are no longer feasible. The second mobile EVC unit remains operable but should expect replacement in a few years. DISCUSSION The original mobile EVC unit is reaching the end of its useful life and we must order a new unit to replace it. There is a risk that the original mobile unit will break down impairing our ability to disperse leachate as a result. Due to the potential for a long delivery time, we would like to proceed with the purchase now. Purchasing the same type of unit as we did with the second mobile unit will allow us to use the out of service unit for some spare parts as needed to maximize the operations in a timely manner. The two units we have in operation were purchased from HKD Blue, staff are aware their may be at least one other company sells a similar product. The EVC technology is the solution we are permitted by NSE to disperse as per our landfill approval permit. Staff recommends we purchase the same model (V-400S) for compatibility. There have been not concerns with the performance of the units. We request to engage Policy P-04, Appendix 1, Alternative Procurement Circumstances A: 5. To ensure the compatibility with existing products, to recognize exclusive rights, such as exclusive licenses, copyright, and patent rights, or to maintain specialized products that must be maintained by the manufacturer or its representative. R e q u e s t f o r D e c i s i o n P a g e | 2 OPTIONS Option A – Approve the purchase of a new mobile EVC unit at approximately $54,000 plus. Option B – Instruct staff to return with more information. Option C – Direct staff to add to the 24-25 budget for discussion and consideration. IMPLICATIONS By-Law/Policy P-04 Alternative Procurement Financial/budgetary Solid Waste requires the purchase of a mobile EVC unit at approximately $55,000 plus HST. This project was not included in the 2023-2024 Capital Budget. The amount will be funded from 2023-2024 operating revenue, 83.66% of which is budgeted to be funded from Valley Waste contributions, and the remaining amount funded from other landfill revenues. Strategic Priorities This purchase supports the operations of the leachate management process, as per our environmental permit. Priority Outcomes: Governance & Engagement 1. Ensure municipal service delivery is efficient and effective, communicated, and accessible. Priority Outcomes: Infrastructure & Service Delivery 1. Create efficiencies through innovative service delivery, and proactive maintenance and operations of existing infrastructure. Environmental Stewardship 1. Seek opportunities for innovation and leadership in waste management. Work Program Implications Will the subject of this report have an impact on staff’s work programs? No. Are additional resources needed or will the action delay or change any timelines of the departmental work program? No additional resources are needed but a delay may result in operational downtime and additional costs to mitigate under emergency conditions. Has Legal review been completed? ___ Yes _ _ No _X_ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) N/A ATTACHMENTS None REQUEST FOR DECISION REPORT TO: Council MEETING DATE: July 27, 2023 DEPARTMENT: Solid Waste, IAO SUBJECT: Public Drop Off/HHW Sandblast & Painting ORIGIN: Kaizer Meadow Landfill Date: June 28, 2023 Prepared by: Christa Rafuse, P.Eng., Director of SW Date: July 13, 2023 Reviewed by: Dan Pittman & Matthew Blair, Director of IAO Date: July 14, 2023 Authorized by: Tara Maguire, CAO RECOMMENDED MOTION It is recommended that council approve a budget amendment of $100,000 and authorize staff to tender the sandblasting/painting of the Public Drop Off (PDO) and the Household Hazardous Waste (HHW) structures for Kaizer Meadow Landfill. Staff will bring back an RFD to council for award of the project at a later date. CURRENT SITUATION Currently, the PDO and the HHW depot structures need sandblasting and painting (trusses) to maintain structural integrity and for aesthetic purposes. BACKGROUND The lowest and only quote received a few years ago for sandblasting and painting the PDO was in the $30,000 range. This estimated cost was included in the capital budget at that time but the project did not proceed. This amount was carried over in the past but not for this fiscal 2023/24. Our current estimate exceeds $50,000, which reflects rising costs. This amount exceeds the high value threshold for services under our current procurement policy and requires a public tender. DISCUSSION Both the PDO structure and the HHW structure are in poor condition aesthetically. To physically maintain the structures in a sound and safe condition sandblasting the trusses, inspecting, and repainting (application of liquid zinc then epoxy) is necessary. We examined our options, and the longest lasting option includes sandblasting of the trusses, followed by applying liquid zinc then an epoxy. This option will last up to ten times longer than the other option to chemically high pressure clean the trusses to remove loose rust and then apply an epoxy to match the underside. Photos below show the existing condition the PDO and the HHW structures. A contractor is required to complete the work. Considering the continued deterioration and the potential for more costly repairs if maintenance work is not completed, staff respectfully requests that Council approve the budget for this work and immediately proceed with the tendering process. Staff will return for approval of award at a later date. R e q u e s t f o r D e c i s i o n P a g e | 2 Figures 1&2: Public Drop Off Structure Figures 3 &4 Household Hazardous Waste Structure OPTIONS Option A – Approve an amendment to the 2023/24 operating budget of $100,000 for the services of a contractor to sandblast and paint the PDO/HHW structures. Option B – Instruct staff to return with more information. Option C – Direct staff to add this project to the 24-25 capital budget for discussion and consideration. IMPLICATIONS By-Law/Policy Procurement Policy P-04 Financial/budgetary Solid Waste requires sandblasting and painting of the PDO and HHW structures for an estimated value not to exceed $100,000 plus HST. This project was not included in the 2023-2024 budget. The amount will be funded R e q u e s t f o r D e c i s i o n P a g e | 3 from 2023-2024 operating revenue, 83.66% of which is budgeted to be funded from Valley Waste contributions, and the remaining amount funded from other landfill revenues. Strategic Priorities This will maintain the existing PDO/HHW infrastructure. Priority Outcomes: Governance & Engagement 1. Ensure municipal service delivery is efficient and effective, communicated, and accessible. Priority Outcomes: Infrastructure & Service Delivery 1. Create efficiencies through innovative service delivery, and proactive maintenance and operations of existing infrastructure. Environmental Stewardship 1. Seek opportunities for innovation and leadership in waste management. 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? No Has Legal review been completed? ___ Yes _ _ No _X_ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) N/A ATTACHMENTS None REQUEST FOR DIRECTION REPORT TO: Municipal Council MEETING DATE : July 27, 2023 DEPARTMENT: Community Development and Recreation SUBJECT: Recreation Strategic Priorities ORIGIN: Chester Municipal Recreation Committee Date: July 20, 2023 Prepared by: Gord Tate, Active Living Coordinator Date: July 20, 2023 Reviewed by: Chad Haughn, Director, Community Development and Recreation Date: July 20, 2023 Authorized by: Tara Maguire, CAO Recreation is the experience that results form freely-chosen participation in physical, social, intellectual, creative, and spiritual pursuits that enhance individual and community wellbeing. (Framework for Recreation in Canada, 2015). RECOMMENDED MOTION/ACTION The purpose of this information report is to update Council on the current state of the development of new Recreation and Active Living Strategic priorities. Staff welcome Council’s input and feedback at this stage, prior to finalizing our strategic direction. CURRENT SITUATION Both the Chester Municipal Recreation Committee’s (CMRC) strategic goals (2013) and MOC’s Active Living Strategy (2017) require updating to better align with today’s health, social, and community imperatives; especially in a post-pandemic world. The CMRC, with facilitation by staff, have crafted a new set of strategic priorities to help guide how we support our communities for the next several years. This report outlines these priorities. BACKGROUND In early 2023, members of the CMRC identified the need to craft new guidance for the work of the department. In response, staff developed an engagement process to solicit the perspectives of the CMRC. The process spanned four sessions and included the following components: • Defining recreation as a broad concept, not limited solely to physical activities (see above). • A review of relevant municipal, provincial, and federal strategies that already inform how we work, and what we focus on. • Coming to agreement on the level of detail required to effectively determine our priorities. • Defining the future role of CMRC and how the department will be accountable to the selected strategic priorities. • Conducting a SWOT analysis, first by staff as a self reflection tool, and subsequently by CMRC to validate and add a more public perspective. R e q u e s t f o r D i r e c t i o n P a g e | 2 • Developing a vision and mission specific to the operations of the department (versus a community-wide vision). • Collaboratively develop a set of Guiding Principles • Synthesizing the vision, mission, guiding principles, SWOT, the current and future direction of the recreation sector, and what we know about the needs of our communities to be able to: o Define five Strategic Priorities (buckets) o And ten Strategic Actions Areas (focus to fil the buckets) DISCUSSION The following items are the result of the engagement process with CMRC members. VISION Our vision represents our goals and how we’ll get there. It describes the core of what we do, and signals our expected longer term results. Our Municipal Recreation and Parks service is a passionate, innovative, and agile leader in creating equitable recreation opportunities for our diverse communities so that they may thrive physically, mentally, and spiritually. MISSION Our mission describes what we should attempt to do on a daily basis, and signals our expected shorter term results. To empower, and enable, everyone to find joy, fulfillment, health, and community through recreation. GUIDING PRINCIPLES Our Guiding Principles represent our values and steer our actions. Every decision/program/policy/plan should be checked against, and satisfy, the guiding principles. We are responsible to them every day. Commitment We understand the restorative, transformative, and sustaining power of recreation. Each of us are both agents of, and joyful participants in, recreation lifestyles and will act to instill this passion in others. Welcoming and inclusive We respect the needs of each individual that we serve and will work to remove their unique barriers to participation in our programs and enjoyment of our facilities and outdoor spaces. We will always act with a service-first, human-centered approach and treat our community members in a friendly and helpful manner. Excellence We will strive to be trusted and knowledgeable partners in supporting people in their recreation pursuits. We will use our own passion and skills to enthusiastically lead and support our communities. Collaboration R e q u e s t f o r D i r e c t i o n P a g e | 3 We will prioritize teamwork and partnerships, and align with community groups and individuals who share our mission to advance our common recreation goals. Communication We will optimize the tools available to us to both inform and inspire citizens to participate in recreation. STARTEGIC PRIORITIES The following five strategic priorities emerged from the thoughtful contributions of the CRMRC members, and they have been reviewed and endorsed by staff. A useful analogy is to think of these as the ‘buckets’ into which our actions will fall. 1. Leisure Education/Active living – We will encourage and empower citizens to include recreation and physical activity into their daily lives. This includes sharing the skills and wisdom needed for people to be active independent of our programmed offerings. 2. Communication, reach, participation – We are committed to improving our communication techniques and tools. The premise of this is that if we communicate more effectively, we will broaden our reach to more citizens and communities, and we will increase participation in programs and use of our facilities and spaces. 3. Social justice/Equity- We are committed to removing barriers to participation and expanding our audience beyond the traditional participants. This includes our own journey to better understand and respond to the unique needs of African-Nova Scotians, members of the LGBTQ+ community, low-income families, and those with accessibility needs. We will strive to welcome everyone into supportive and inclusive environments and experiences. 4. Collaboration – We are committed to working with, and supporting, individuals and organizations who are similarly committed to providing recreation and healthy lifestyle opportunities. We will lend our skills and expertise to relationships that help increase our collective impact. 5. Parks, trails, open spaces- People need spaces and places to recreate, be physically active, and connect to nature. This priority reflects our recent focus on developing open spaces and the desire of community members for more of these opportunities. It also reflects a community, asset-based approach to recreation facility development. Strategic Action Areas These are groups of activities that will lead us toward our desired outcomes. To continue the analogy from above, these are the day-to-day activities by which we will fill the buckets (strategic priorities). It is staff’s responsibility to attend to these action areas to make sure they are contributing to our goals. It is also staff’s responsibility to determine the detailed nature of the activities. So while CMRC has shaped the priorities, staff will determine operationally how best to achieve the priorities. Do not be confused by the apparent duplication with the names of the strategic priorities. For example, while better communication is an overarching strategic priority, excellent communication is a necessary part of advancing each one of the priorities. R e q u e s t f o r D i r e c t i o n P a g e | 4 Parks, Trails, Open Spaces – Acquisition and development of natural areas. Professional Development/continual learning – Continuing commitment to be on the vanguard of the recreation sector, be recognized as leaders, and learn how best to serve the needs of citizens. Communication- Optimizing the use of current and emerging media types to reach citizens. Programs – Structured, time-bound opportunities that encompass all aspects of recreation (social, physical, spiritual, intellectual, and creative) Policies – Identify opportunities to institute new ways of removing barriers and providing support. Physical Supports – Built environment planning and development. Social Supports – Connecting people and communities to each other to foster supportive recreation environments. Facilities – Optimizing the use of Municipal and partner recreation facilities. Provision - The things we can place in communities to support unprogrammed opportunities (e.g. play boxes) Enabling – The things we can do to inspire, encourage, educate citizens to participate in recreation on their own time and terms (e.g. guiding hikes, bird watching courses). NEXT STEPS Staff welcome Council’s feedback on the strategic directions determined to date. CMRC has encouraged us to share the result with the public to solicit broader feedback. Our intention is to publish these priorities in the Fall edition of Explore Life and invite public comment. CMRC would also like us to engage some key stakeholders (partner organization and individuals) to enlist their perspectives. We will also use the strategic priorities and action areas as a launch pad to tailor more specific actions that will satisfy the requirements of our MOU with the province that supports the responsibilities of the MPAL position. We will bring back the final document to Council for your approval. Longer term, we have positioned the CMRC as the overseer of the Strategic Priorities. They have been asked to continuously challenge staff to answer the question “how are you filling the buckets”? OPTIONS 1. Staff are only requesting Council’s feedback at this point. In the future, Council will be asked to adopt the Strategic Priorities on behalf of the Recreation and Parks Department. IMPLICATIONS By-Law/Policy None. R e q u e s t f o r D i r e c t i o n P a g e | 5 Financial/budgetary None. Environmental None. Strategic Priorities New Recreation and Active Living Strategic Priorities will assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Economic Development 1. 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. Priority Outcomes: Infrastructure & Service Delivery 1. Plan for and create infrastructure that improves the connectivity of roads, multi-use trails, natural assets, and facilities as part of an active transportation network. Work Program Implications None. Has Legal review been completed? ___ Yes _ _ No _x_ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) None to date. ATTACHMENTS SWOT analysis S W O T Helpful to Achieving the Objective Harmful to achieving the objective In t e r n a l or i g i n (A t t r i b u t e s o f t h e o r g a n i z a t i o n ) Our STRENGTHS are that: • Our staff have diverse backgrounds and perspectives (e.g. work with non-profits, provincial and national organizations); are professional and bring their expertise; they are passionate leaders and are “here for the right reasons.” They are committed, and accountable, to our communities and possess a sense of contribution. • Council supports and trusts our work. • We often have the financial resources to execute plans and programs. • Possess some exceptional facilities and outdoor spaces (playgrounds, trails, natural areas). The community School model is a unique strength. • Committees such as CMRC and EDI help support and shape our work. • We’re part of a regional and provincial network that fosters sector support and sharing. • We’re well represented in some areas of the Municipality (Blandford, Hubbards, Chester, New Ross) • Autonomy to develop our own direction, vision and mission, and to execute them collaboratively with other departments (“we come up with the good ideas, you build it”) • We have the flexibility to develop programs as needed, or as we identify the need/demand. • PRO kids is both a vital program, and a vehicle to connect our work with the public and help meet their needs. • Quality and strength of our summer programs, and the leadership qualities the youth bring. • Strong grant program that disburses approximately $600k/year to community groups. • Employ a socio-ecological view of our rec work - attention to the individual, social, built environment, and policy/planning levels. • Smooth, well-run operations. Our WEAKNESSES are that: • Gaps exist in our service delivery (e.g. types of facilities, reach into communities like Windsor Road, Western Shore, Chester Basin) • Operational dependencies on other departments (trails, inspections, maintenance, communications, promotion) • Operational dependencies on partners (e.g. SSRCE custodial staff) • Sometimes we are directed, rather than direct programming decisions ourselves (does our flexibility really mean we’re rudderless). BUT, our flexibility can also be a great strength too. • Attempting to ‘be all things to all people’ can be a weakness. We are generally proactive, focussed, and agile; all of which are strengths. • Ex t e r n a l or i g i n (A t t r i b u t e s o f t h e co m m u n i t y / e c o s y s t e m w e w o r k i n ) We have an OPPORTUNITY to: • Reach the unreached. Use our position/social capital to enlist more participants and partners. • Work with youth to influence their recreation choices, develop leadership skills, and engage them in recreation dept. decision making. • Potential of our open spaces for programming, social connections, earth education, etc. • The number, diversity, and strength of other groups with aligned goals. • Capitalize on the expanded focus on recreation and physical activity by the province. • Contact youth through three levels of schools, and develop relationships and an awareness of the benefits of recreation across their education continuum. We are THREATHENED by: • Community based affinities and identity that then determine willingness to participate “next door” (I won’t go to FHCS”, “I won’t drive at night”, “It’s too far to Chester” • Overstepping bounds, duplicating efforts, opportunity costs of miscasting our lead, catalyse, support roles. • Trying to be everything to everyone • The trend in municipal governments across the country to absorb recreation into other departments. Leads to the dissolution, devaluing, and de-professionalizing the sector. • Our dependence on external program leaders and the difficulty in recruiting, training and securing a long-term commitment. • The sector in general is threatened by volunteer burnout. • Items in BLACK were originally brainstormed by staff. These were reviewed with the CMRC, and they contributed the items in RED. PLANNING MATTERS REPORT REPORT TO: Municipal Council MEETING DATE: July 27, 2023 DEPARTMENT: Community Development & Recreation SUBJECT: Land Use By-law Amendment – Request to rezone Sawler Lake to Lakeside Zone Date: July 10, 2023 Prepared by: Garth Sturtevant, Senior Planner Date: Reviewed by: Date: Authorized by: Tara Maguire, CAO APPLICATION OVERVIEW Applicant: Jeffery & Andrew Burchell Zone: Mixed Use & Settlement Residential Two Proposal: Rezone properties (8 in total) on Sawler Lake to Lakeside Zone Rezoning Required: X Yes _ _ No __ N/A Location: Hubbards Neighbour Notification: Direct notice to neighbouring properties will be sent to advise of the Public Hearing, a sign will also be posted on the site with the same information. RECOMMENDED MOTION Staff recommend Option 2: CURRENT SITUATION July 10, 2023 – UPDATE: At the June 8 Council meeting, Municipal Council deferred making a decision on a request to rezone lands on Sawler Lake to the Lakeside Zone. The reason for the deferral was in response to a letter submitted by Larex Management Ltd. (Appendix C) The letter was requesting Council defer a decision until a meeting between staff and Larex Management Ltd. could occur. On June 26th staff met with Larex Management Ltd. and a productive Figure 1 - showing properties requested to be rezoned to Lakeside Zone (in purple). 2. That Municipal Council reject the request to rezone properties on Sawler Lake, maintain the existing Mixed Use Zone and Lakefront Overlay. 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 discussion was held. It is the intent of Larex Management Ltd. to submit a subdivision application for PID 60422888, which will include deeding a portion of the waterfront to the Municipality as part of the required open space dedication. It was noted that Larex Management was in favour of the Municipality creating a public park on this land. While there was broad agreement, no formal agreements are in place, and this remains only a verbal commitment. A letter (Appendix D) was also received from Jeff Aucoin, legal representative for the Applicant, dated July 4, 2023. The letter states that the Applicant is in favour of the public park concept and is requesting that Council form a sub-committee to oversee the park creation process. Following the meeting and letters submitted, staff do not feel that there is any substantial change in the original request to rezone and subsequent findings presented in the initial report. As there is no formal agreement, and it was made clear that Larex Management Ltd. intends to retain a portion of private waterfront, there is effectively no change from the initial conditions presented on June 8, 2023. PID 60422888 is within the area proposed for rezoning and current information would indicate that the future use is a public park as well as private waterfront access that could be used for any use permitted in the Mixed Use Zone. DISCUSSION Second Request for Lakeside Zone The current request to implement the Lakeside (LS) Zone on properties near Sawler Lake follows the successful application of the Lakeside Zone to properties on Sherbrooke Lake in 2022. Sherbrooke Lake is also split by a Municipal Boundary line with the District of Lunenburg and only the properties within the District of Chester were rezoned to Lakeside Zone. The Lakeside Zone is designed and intended to protect water quality and support a low-density residential living environment. However, there are complicating factors, including the proximity of Highway 103, current twinning activity and the construction of a new cottage road to access properties in HRM on Sawler Lake that will access Mill Lake Road and be built at the edge of Sawler Lake. The following excerpt from the Municipal Planning Strategy outlines the intent and policy goals of the Lakeside Zone: The lakeside (LS) zone is intended to provide opportunities for low-density development, fresh water related recreation, leisure activities, and habitation to reduce the need to clear large areas of the lakeshore for development and to reduce the number of septic systems. This is intended for existing developed areas surrounding lakes as well as areas for future development. POLICY GOALS: The primary purpose of the Lakeside (LS) zone is to protect water quality To safeguard essential character of lakefront residential areas To prohibit commercial and industrial uses To provide for and protect lakefront residential communities comprised of detached, single- family homes and residential use type compatible with quiet, family-living environment. To enable low density residential development on lands surrounding lakes while protecting the sensitive riparian environment. 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 | 3 To provide flexibility to recognize the pre-existing development patterns and the hardship of strict limitations on property owners. To protect lake water quality in the Lakeside (LS) zone shall take priority in the event of a conflict between residential and recreational uses with lake water quality. Existing and Surrounding Land Uses All of the properties proposed for rezoning are currently undeveloped. The Applicant’s property (PID 60593043) is split, with approximately half the lot in HRM and half in Chester. It should be noted that the Applicant and owners with the same family name own a number of developed lots in residential use that are located just north of the Municipal Boundary with HRM. These developed lots would not be subject to the Lakeside Zone as they are outside of the Municipality. As noted, one of the larger parcels proposed for rezoning (PID 60422888) has recently been rezoned by Council in support of a planned commercial development (Figure 2). This lot is currently being cleared and site work appears to be underway in support of the planned development. The application of the Lakeside Zone has the potential to unequally impact this lot and proposed development when compared with the remaining parcels proposed for rezoning. Municipal staff are not aware of planned development in the area, with the exception of the proposed commercial development on PID 60422888. Properties not directly impacted, but in the vicinity of the proposed rezoning area include low density residential development along Mill Lake Road, continuing in a rural subdivision pattern north toward Mill Lake. Other surrounding properties are vacant and undeveloped, either being held or used for resource activity. Directly south of Sawler Lake the Provincial Highway 103, which is currently being twinned, is located approximately 30 m from the lake (Figure 3). The twinning work includes the creation of a new traffic lane on the opposite side of the existing highway as Sawler Lake. Additionally, a small private road, Sawler Lake Road, is being rerouted and will now run parallel to Highway 103 between Sawler Lake and Figure 3 – Showing new Sawler Lake Road within 20m of Sawler Lake and edge of existing Highway 103 being approximately 30m from Sawler Lake Figure 2 - Showing Hwy 103 Construction (left) and Site Work and Clearing on PID 60422888 Site Rezoned for Commercial Development (right) 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 | 4 Highway 103. This new access road is being constructed by the Province to provide access to existing cottages located in HRM on Sawler Lake, who will now access the lots via Mill Lake Road. The edge of the new Sawler Lake Road is estimated to be within 20 m of Sawler Lake. The highway twinning work is required to comply with environmental standards and Provincial regulations regarding working near a waterbody or watercourse, however, the exact impacts of the highway twinning on Sawler Lake are unknown (Figure 4). When construction is complete, it can be reasonably anticipated that runoff to the lake will worsen due to the increase in hard surfaces, proximity, and reduced buffer area as a result of this road work (previously existing trees and vegetation have been cleared and infill of the lake appears to have been done in support of the road work) and ongoing maintenance including seasonal treatment (salting and sanding). Lakefront Overlay (existing protection) Sawler Lake, as with all lakes in the Municipality identified on Schedule “B” of the Municipal Land Use By-law, has existing environmental protections provided by the Lakefront Overlay. This includes a 20m setback for main buildings from the Ordinary High Water Mark and limitations on hard surfaces (buildings, pavement etc) within the 20m area adjacent to the lake. It should be noted that the Provincial Highway construction work is not required to comply with Municipal permitting regulations. The Lakefront Overlay was established during the previous Plan Review process and deemed appropriate for widespread application as shown on Schedule “B” of the Land Use By-law. In contrast, the Lakeside Zone was created following adoption of the new Municipal Planning Strategy and Land Use By-law, as a result of several requests that stated the Lakefront Overlay was insufficient in protecting water quality and a low-density residential living environment. When debating the creation and application of the Lakeside Zone, Council, with the understanding that the Lakefront Overlay remains in effect on all lakes, felt that application of the Lakeside Zone should not be done in as wide-spread a manner, but considered on a lake-by-lake basis with the appropriate depth of the zone not dictated by policy, but rather determined based on site-specific conditions each time the Lakeside Zone is being considered for application. Determining an Appropriate Depth for the Lakeside Zone (Sawler Lake) As provided for in the Municipal Planning Strategy and Land Use By-law, the Lakeside Zone is intended to be applied at a depth appropriate for the lake and local area to which it is being applied. MPS policies include consideration of criteria such as lot size, proximity to public roads, existing community character and other local contextual features. Figure 4 - Evidence of sedimentation during road construction. Berm in place but not maintained. 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 | 5 Each time the Lakeside Zone is considered for application, relevant policies are reviewed, and analysis of the lake and surrounding area is conducted to inform the recommended depth of the zone for that lake. In the case of Sawler Lake there are multiple complicating factors that deserve consideration. Location and Authority As noted in this report, Sawler Lake is divided between the Municipality of Chester and Halifax Regional Municipality. While this does not exempt the lake from consideration, of the total lake area 673,319.97 sq. meters, only 63,639.35 sq. meters or 9.54% of the lake is within the Municipality of Chester. This means that of the total properties bordering Sawler Lake, only 10 PIDs would be impacted by this change. Review of existing development patterns and a site visit confirm that all existing structures are located within HRM and therefore would not be subject to the Lakeside Zone if applied. Proximity to Highway 103, Twinning Expansion and Sawler Lake Road When considering whether the Lakeside Zone is appropriate for application to Sawler Lake, the impacts of the ongoing Highway 103 twinning work are important factors. During a site visit, staff measured a distance of 30 m between the edge of the current Highway and Sawler Lake. The rerouted Sawler Lake Road will be located between the existing Highway 103 and Sawler Lake, with the edge of Sawler Lake Road estimated to be between 15 – 20 m from the water’s edge (figure 3). This area will be unimpacted by the application of the Lakeside Zone and has potential to be an ongoing source of sedimentation and runoff (fuel, oil, salt etc.) for the foreseeable future. While this source of potential contamination does not preclude Sawler Lake from being rezoned to the Lakeside Zone, the efficacy of implementing the zone is likely to be diminished as this work is outside Municipal authority or control. Figure 5 - Portion of Sawler Lake within Municipality of Chester 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 | 6 Topography The lands surrounding the Southwestern portion of Sawler Lake (those within the Municipality of Chester) are generally sloped toward the lake. The main ridgeline appears to run approximately 100 m from the Ordinary High Water Mark. Figure 5 shows the edge of Sawler Lake (left) and the sloping topography to the right side of the photo. The photo location is at the North edge of PID 60422888 where it meets Sawler Lake and also shows partial clearing to the lakeshore. If there is a desire to proceed with rezoning of the subject lands to the Lakeside Zone, a decision is need on the appropriate depth for the zone. Based on the identified issues and challenges discussed, staff offer the following for consideration. 1) Apply the Lakeside Zone at a depth of 20 m from the Ordinary High Water Mark. This approach would mirror the distance of the existing Lakefront Overlay protections. Application of the Lakeside Zone would require the maintenance of a vegetated buffer and prevent commercial uses from accessing Sawler Lake. The Lakeside Zone at 20 m would not cause new development to be set back further from the Lake, as the Lakefront Overlay already includes a 20 m setback. 2) Apply the Lakeside Zone at a depth of 30 m from the Ordinary High Water Mark. This approach would apply the Lakeside Zone slightly beyond the Lakefront Overlay protections. 30 m may be appropriate as that is the approximate distance from Highway 103 to the lake. Applying the Lakeside Zone at a depth beyond 30 m would include both the new Sawler Lake Road and Highway 103. Figure 6 - North Point of PID 60422888 at edge of Sawler Lake, partial clearing shown on right 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 | 7 3) Apply the Lakeside Zone at a depth of 100 m from the Ordinary High Water Mark. This approach would be based primarily on the location of the slope which runs toward the lake (Figure 7). While not aligned exactly to a contour line, this approach would ensure that most development on the slope leading to the lake is limited to low density residential development. The 10 m vegetated buffer would be the same as the options above, but with greater depth of the Lakeside Zone, there would be an increased setback for commercial or industrial uses to be at minimum 100 m from the lake as they are not permitted in the Lakeside Zone. While not prohibited by policy, questions may arise as to the effectiveness of the Lakeside Zone if the zoned area includes a major 100 series highway. While a depth beyond 30 m would apply to all privately owned land, consideration should be given to whether this approach is prudent and equitable. 4) Apply the Lakeside Zone at a depth beyond 100 m (please specify) from the Ordinary High Water Mark. This option is not recommended as there is little basis or argument to extend the zone beyond the land significantly sloping toward Sawler Lake. While a detailed watershed study could be undertaken to determine an exact boundary where land drains to Sawler Lake, this level of detail is not warranted given the complicating factors, including Highway 103, discussed previously. This Figure 7 - Contour lines and Coloured Bands in 100m intervals 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 | 8 option would also have the most impact on the proposed commercial development on PID 60422888. 5) Maintain existing protections (Lakefront Overlay). Following review of the information and considerations presented in this report, this approach would conclude that Sawler Lake is not an ideal candidate for the Lakeside Zone. This is due to a variety of factors including the proximity of Highway 103, small proportion of the lake located within MOC, lack of increased zoning or protection for all developed properties located in HRM, no evidence of support from other landowners in the affected area and the potential impacts and limitations to the proposed commercial development for which Council recently approved a rezoning of PID 60422888 (Figure 8). 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 | 9 Policy Review Policy A-32 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; While the proposal generally is in keeping with policy statements, there are a number of policy statements where staff have concerns on the effectiveness, compatibility and appropriateness of the Lakeside Zone for application to properties on Sawler Lake. b) that the amendment conforms to all relevant Municipal By-laws; The request to rezone a portion of lots on Sawler Lake has not been determined to be in violation of any Municipal By-laws. c) that the applicable public consultation program has been followed and residents’ opinions have been carefully considered; This file is following the approved Public Participation Program outlined in the Municipal Planning Strategy. This report will be updated as the file advances to include the results of the Public Information Meeting and Municipal Planning Advisory Meeting. d) that the amendment is in the best interest of the Municipality. Staff do not feel that the application of the Lakeside Zone to the 10 PIDs on Sawler Lake is in the best interest of the Municipality as discussed in this report. In addition to having little chance of improving water quality, there is no existing development pattern to maintain or protect. Further the site is subject to a recent rezoning done in support of a proposed commercial development. Application of the Lakeside Zone at any depth will likely impact those plans, and at a larger depth could have significant impacts on the proposed commercial site. The application is from an individual who has a developed property in HRM and a portion of a vacant lot split between HRM and Chester. To date no evidence has been provided showing support from other property owners in the area proposed to be rezoned. Staff believe that the existing Lakefront Overlay is the appropriate level of regulation for Sawler Lake given the circumstances outlined. Opportunities for well managed development around select lakes is desirable from a resident and economic development perspective. It is prudent of Council to identify where strict environmental protections and community character warrants further protection and other areas where careful development will provide opportunities for growth and public water access without severely limiting commercial potential. 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 | 10 Policy A-33 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 permits a limited list of residential uses, including home based businesses. Commercial and Industrial uses are prohibited. The rezoning does not contemplate a specific development but would facilitate low density residential development around Sawler Lake. Policy A-34 Applications for a Land Use By-law amendment shall show: a) the location, area, and dimensions of the subject property; The request is seeking application of the Lakeside Zone to an unspecified depth, impacting properties within the Municipality of Chester near Sawler Lake. Staff calculate a total of ten potentially impacted properties. b) the proposed location, dimensions, height, and proposed use of all buildings; Not applicable, any future development would be subject to the zone standards and follow the normal process for permitting and approvals as outlined in the Land Use By-law. c) the means by which the site is to be serviced by sanitary and storm sewers, water, electrical service and other utilities; Not applicable, any future development would be subject to the zone standards and follow the normal process for permitting and approvals as outlined in the Land Use By-law. d) the location of any parking stalls, driveways, walkways, lighting, fencing, refuse containers, and snow storage; Not applicable, any future development would be subject to the zone standards and follow the normal process for permitting and approvals as outlined in the Land Use By-law. e) landscaping elements including existing and proposed shrubs and trees; Not applicable, any future development would be subject to the zone standards and follow the normal process for permitting and approvals as outlined in the Land Use By-law. f) architectural features where such features are regulated by the planning document; Not applicable, any future development would be subject to the zone standards and follow the normal process for permitting and approvals as outlined in the Land Use By-law. g) additional reports or environmental studies as requested by the Municipality. None called for at this time. Policy A-35 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; The lots requested for rezoning are currently undeveloped. Council has recently rezoned PID 60422888 to be fully within the Mixed Use Zone, in support of a planned multi-year commercial development. It may be possible to apply the Lakeside Zone in a manner that does not significantly interfere with the planned commercial development, however, the effectiveness of the zone given the other criteria discussed in the report may come into question. There is no current development on the subject properties, therefore there is no existing development or settlement pattern, except for the existing lot configuration resulting from subdivision in the past. 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 | 11 b) compatibility of the development, and potential developments, with adjacent properties in terms of size, lot coverage and density; Not applicable. The Lakeside Zone would be applied evenly to all lots within the specified distance of Sawler Lake. c) potential compatibility issues with nearby land uses resulting from lighting, signage, outdoor display and storage, traffic, vehicle headlights, and noise; All properties within the area proposed to be rezoned may be subject to noise and lighting from Highway 103. Additionally, the proposed commercial development may increase traffic flow and activity on the site. The Lakeside Zone is intended to promote low density residential development, which could have the potential to create conflicts with the proposed commercial development. The current Mixed Use Zone also permits residential use, in addition to options for commercial and light industrial uses. The Lakeside Zone is specific in describing a quiet, low density residential environment, which the subject site may not be appropriate. d) the adequacy of sewer services, water services, waste management services and stormwater management practices; Not applicable. e) efficient use of existing and new municipal infrastructure; The site proposed for rezoning is currently undeveloped and does not have direct road access or access to a Municipal Wastewater System. f) proximity to and impact on heritage sites and archaeological sites; Not applicable. g) the proximity and capacity of schools; Not applicable. h) the adequacy and proximity of recreation and facilities; Not applicable. i) the adequacy of the road network in, adjacent to, or leading to the development; The area proposed to be rezoned does not currently have road access. Staff understand that a new Sawler Lake Road will be created adjacent to Highway 103, which will provide access to PID 60422888 and may provide indirect access to other lots within the proposed rezoning area. The new Sawler Lake Road is being constructed by NS Public Works as part of the Highway 103 Twinning work. j) the potential for erosion or for the contamination or sedimentation of watercourses; As noted in this report, Highway 103 and Sawler Lake Road construction appear to be impacting Sawler Lake currently. The Lakeside Zone does include requirements to maintain a vegetated buffer within 10 m of the Ordinary High Water Mark. The buffer is intended to reduce, absorb and slow overland flow from reaching Sawler Lake and depositing nutrients, sediment and other pollutants. Regardless of the extent chosen for the Lakeside Zone, there is no authority for the Municipality to address the concerns and proximity of Highway 103 and the new 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 | 12 Sawler Lake Road (while the land will be shown as zoned, Municipal authority does not require the Province to adhere to the provisions of the Land Use By-law). As a result, it is anticipated that sedimentation and runoff from Highway 103 and Sawler Lake Road will continue to impact the Lake into the future. The Mixed Use Zone does not have a requirement to maintain a vegetated buffer. Large residential, commercial and industrial developments, as outlined in the Municipal Land Use By-law must meet the Stormwater Standard through engineering and other means. k) environmental impacts such as air and water pollution and soil contamination; The stated reason for the requested rezoning is to protect Sawler Lake from the impacts of Highway and proposed commercial development. As noted, Municipal authority will prevent any meaningful action from being taken to address runoff and pollution from the Provincial highway. Additionally, only the 10 PIDs located in the Municipality of Chester are proposed to have the Lakeside Zone applied. All other properties located in HRM are not subject to the Lakeside Zone. l) previous uses of the site which may have caused soil or groundwater contamination; No previous uses are known or cause for concern. m) suitability of the site in terms of grades, soil and bedrock conditions, location of watercourses, water bodies or wetlands; The lots proposed for rezoning to the Lakeside Zone, are generally sloping toward Sawler Lake from West to East. There is a small watercourse which runs through several of the impacted properties and flows into Sawler Lake. No impacts are anticipated regarding suitability of the site for application of the Lakeside Zone. n) the ability of emergency services to respond to an emergency at the location of the proposed development; Not applicable. o) the proposal and the proposed zone support the intent of this strategy; and While the proposal appears to be mainly in keeping with the intent of the Municipal Planning Strategy, there are concerns with the compatibility between the Lakeside Zone, the Mixed Use Zone, the proposed commercial development and the proximity to Highway 103. The Mixed Use Zone is likely more appropriate given the variety of activities and level of development anticipated in this area. p) the financial ability of the Municipality to absorb any costs relating to the amendment. No costs are anticipated whether the request is accepted or rejected. 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 | 13 MPAC MEETING On May 17, 2023, staff presented a report and request for rezoning to members of the Municipal Planning Advisory Committee. Following discussion and consideration the committee passed the following motion: MOVED by Hugh Harper, SECONDED by Carol Nauss THAT the Municipal Planning Advisory Committee recommend that Council give 1st reading to the request to rezone properties that border Sawler Lake to Lakeside Zone, and further, that the Lakeside Zone be applied beginning at the Ordinary High Water Mark and extending 20m inland. CARRIED. No members of the public attended the MPAC meeting. OPTIONS The Municipal Planning Advisory Committee recommends Option 1, staff recommend Option 2: 1. That Municipal Council approve the request to rezone properties on Sawler Lake to the Lakeside Zone with the zone beginning at the Ordinary High Water Mark and extending 20m inland. AND further set a date for a Public Hearing on August 27th, 2023 beginning at 8:45 am in Municipal Council Chambers; 2. That Municipal Council reject the request to rezone properties on Sawler Lake, maintain the existing Mixed Use Zone and Lakefront Overlay. 3. Other, please specify. IMPLICATIONS By-Law/Policy Identify links/references to/impacts on any MOC By-Law or Policy. Financial/budgetary No significant budget implication are anticipated. Environmental The nature of the request relates to implementing additional environmental protections for the portion of Sawler Lake that is within the Municipality of Chester. The efficacy and impact of implementing these protections is unknown due to the factors discussed in this report. Regardless of the decision made relating to this request, the Lakefront Overlay will remain in effect for Sawler Lake. Strategic Priorities Given the factors and circumstances discussed in this report, staff do not feel that the request to rezone a portion of lots on Sawler Lake to the Lakeside Zone will assist the Municipality in advancing its Priority Outcomes of the 2021-24 Strategic Priorities Framework. Work Program Implications No significant impacts, other than staff time, are expected to be required regardless of the direction from Council. Has Legal review been completed? ___ Yes X No __ N/A 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 | 14 COMMUNICATIONS (INTERNAL/EXTERNAL) In keeping with the Public Participation Program of the Municipality, a Public Information Meeting was held on May 10th The file will then be presented to the Municipal Planning Advisory Committee for consideration Council will then give 1st Reading and set a date for a Public Hearing Notice will be posted on the site and mailed to all impacted owners and those within 30m of the subject properties Public Hearing will be held, followed by a Council vote All meetings are advertised in the Progress Bulletin, on the Municipal Website and posted to Municipal Office doors. ATTACHMENTS Appendix A – Letter of Request from Jeff Aucoin Appendix B – Public Information Meeting Report Appendix C – Letter dated June 5, 2023 – Larex Management Ltd. – Request to defer decision Appendix D – Letter dated July 4, 2023 – Jeff Aucoin – Response to Request to defer decision VCINNES COOPER Our File: 224028 February 8, 2023 The Municipality of Chester Council 151 King Street P© Box 369 Chester, NS BOJ 1 JO Jeff Aucoin Direct +1 (902) 444 8507 jeff.aucoinr mcinnescooper.com 1969 Upper Water Street Suite 1300 McInnes Cooper Tower . Purdy's Wharf Halifax NS Canada B3J 2V1 Tel +1 (902) 425 6500 , Fax +1 (902) 425 6350 Dear Warden and Council Members: Re: Application to Establish Lakeside Zone at Sawler Lake I represent a collection of landowners on Sawler Lake who are seeking a zoning amendment. The amendment being sought only applies to the properties in the Chester Municipality. Enclosed you will find a completed Application to amend the zoning around Sawler Lake to have this area designated as a lakeside zone pursuant to Section 9.4 of the Chester Land Use Bylaws. We understand that this Application requires a fee of $500 as well as a $500 advertising deposit. We ask that Council please consider, based on our particular situation as a group, waiving the requirement for these fees and deposits on the basis that this Application will help to protect the Sawler Lake area and allow the historical usage of the land by property owners to continue. The benefits of a change to lakeside zoning for the Sawler Lake area are numerous, however we believe that the most important reason the designation should be considered by Council is the environmental protection of Sawler Lake. Of particular relevance to this issue is Section 6.3 - Lakefront Overlay in the Municipality of Chester's Municipal Planning Strategy which states in part: Lakefront and cottage developments add to the vibrancy and economy of rural areas. The enjoyment and attractiveness of lakes, however, depends on clean water. Unregulated development practices near lakes can damage water quality. The Municipality wants to ensure development protects the water quality of our lakes. Within Section 6.3, policies E16 to E23 all confirm the importance of this issue. Recent development including new highway lanes and service roads near the lake make the need to protect this area is even more critical. Potential issues include parking lot runoff from development near Exit 6, landscaped areas at Exit 6 that will be fertilized and have the potential for fertilizer and chemical runoffs into the lake and the dangerous risk of blue-green algae. (40453630_1) mcinnescooper.com MCINNES COOPER Page 2 224028 February 8, 2023 Blue-green algae (also called cyanobacteria) occurs naturally in surface waters like lakes, ponds, rivers and streams. Toxins and blue-green algae can make people sick and can be fatal for pets if ingested. The presence of blue-green algae will immediately result in the stoppage of any use of the water including swimming, recreational activities or drinking, A key contributing factor to the growth of blue-green algae is the amount of available nutrients such as phosphorus and nitrogen. Blue-green algae blooms can be caused by agricultural and stormwater water runoff, as well as leaching from septic systems. My clients are extremely worried about the potential environmental impacts on Bawler Lake, particularly with respect to blue-green algae. My clients are hopeful that it will receive the strongest support from Council on this issue and that the enclosed application will be approved. My clients would be happy to provide any further information required. Yours very truly, JANUPRO Attach. (40453630_1) Public Information Meeting: Request to Rezone a Portion of Properties on Sawler Lake to Lakeside Zone Wednesday, May 10, 2023 Hubbard Lions Club Meeting Notes Attendance: MOC Staff: Garth Sturtevant & Chad Haugh Applicant: Andrew Burchell Public: 7 members of the public were in attendance The Senior Planner opened the meeting at 7:03 pm and provided an overview of the application for a Land Use By-law amendment. Slides were reviewed regarding the area proposed for rezoning, the content and regulations of the Lakeside Zone, the process and policies that must be considered for a rezoning and the expected timeline and process to come. Following this, the floor was opened to questions and comments. Andrew Burchell, the Applicant, made gave brief remarks as to the reasoning for the rezoning request. Andrew began by thanking Council and staff for considering the rezone request. He and his brother are third generation residents on the lake. They are applying on behalf of other lake residents. They are familiar with the process that resulted in Sherbrooke Lake being rezoned and wish the same for Sawler Lake. Sawler Lake drains to Dorey Lake and ultimately to Hubbards Cove, it is important to protect the lake water quality from the impacts of new development. He is supportive of growth, but believe that the rezone will assist in protecting the lake. Questions and Comments: Q If the rezoning is approved, would the regulations and setbacks apply to the proposed commercial use, since it hasn’t yet begun construction? A Yes, the regulations in the Lakeside Zone would apply, presuming the rezoning is finalized prior to permits being issued for the proposed commercial development P a g e | 2 C The proposed nearby commercial development will create runoff from pavement and parking areas, not in support of the commercial development and in favour of the request to rezone to the Lakeside Zone. Q What triggered this rezoning? Assuming there is something proposed or going on? A It was a response to the request of the Applicant who asked Council to consider rezoning Sawler Lake. There is a proposed commercial development which has generated interest and concern in the community and may have prompted the applicant to act in requesting the rezoning. C Having a buffer between the lake and the development is a good idea Q The large piece of land that has been recently rezoned to Mixed Use Zone, what size of development is planned? A While no permits have been issued, the proposal included a substantial commercial development including gas bar, restaurant and grocery store. There are still many unknowns as subdivision of the lot into multiple lots would affect the size and process for developing the land. Q How do property owners and members of the community find out about the progress of the application? A There is a mail-out for all affected properties as well as those within 100 ft of an affected property. This notice is sent in advance of the Public Hearing in addition to newspaper ads, website and social media postings. Q What was the depth of the Lakeside Zone that was applied to Sherbrooke Lake? A The final decision for Sherbrooke Lake was 300m beginning at the Ordinary High Water Mark. Q Will a slope map for the lands around Sawler Lake be shown or included in considerations? A Yes, slope is one of the criteria that are evaluated as part of the request to rezone to Lakeside Zone. A slope map is included in the staff report that will become public following the MPAC meeting scheduled for May 17th. Q What is the expected timeline for the rezoning file? A With the file going to MPAC on May 17th, we would expect 1st reading in late May or early June, with a Public Hearing likely by the end of June. The meeting was adjourned at 7:40 pm. To: Council; Municipality of The District of Chester, NS From: Larex Management Ltd., on behalf of Stillrock Real Estate Developments Date: June 5, 2023 Subject: REQUEST TO POSTPONE; Re Sawler Lake - Lakeside Zone Rezone Request As owners of PID# 60433888 and effectively one of only four or five property owners directly affected by this proposal to rezone a portion of the lands abutting Sawler Lake to the lakeside zone, we formally would like to request a deferral/postponement of the first hearing of the motion until we have put forward our subdivision proposal, which will include our intent to dedicate parkland with direct lakefront access. We believe that there is an extraordinary opportunity to provide a public park and direct lakefront access given the work Nova Scotia department of Public Works (NSDPW) has done with twinning of Highway 103 and the new Sawler Lake access road, abutting Sawler Lake. We envision this public parkland to have direct access from the Sawler Lake Road, and direct lake frontage on Sawler Lake. We are currently engaged with staff on this matter, and we believe we will be meeting with the appropriate staff during the week of June 19-23. Following this, it would be our intent to finalize a plan in a timely manner. We are therefore requesting you defer the request to rezone until such time that staff review our plans and determine if this area for parkland dedication aligns with the district and the municipalities’ long- term objectives. Sincerely James Boudreau Vice President, Larex Management Ltd. On behalf of, Stillrock Real Estate Developments 5531 Young Street, Suite 200 |Halifax, NS | B3K 1Z7 | (P) 902.454.2000 mcinnescooper.com Our File: 224028 July 4, 2023 BY E-MAIL: gsturtevant@chester.ca Mr. Garth Sturtevant Senior Planner Community Development & Recreation Municipality of Chester 186 Central Street Chester NS B0J 1J0 Dear Mr. Sturtevant: Re: Request to Rezone Properties on Sawler Lake We represent Jeff and Andrew Burchell and a collection of landowners on Sawler Lake who are seeking a zoning amendment to establish of a lakeside zone around Sawler Lake. Your June 13, 2023 e-mail to Mr. Burchell has been forwarded to me. Your letter attached a June 5, 2023 letter from James Boudreau, Vice-President of Larex Management Ltd. who wrote on behalf of Stillrock Real Estate Developments. Larex has requested that the request to rezone is deferred until Larex’s plans have been reviewed. Larex is proposing providing a public park with direct lake footage on Sawler Lake. My clients were thrilled to see Larex’s commitment to the Municipality and their commitment to provide a public park space. We believe that this would align perfectly with the vision of the Hubbards Streetscape Project who we have copied. We suggest that the Municipality of Chester strike a sub-committee under the Planning Department to help make Larex’s park and the establishment of a lakeside zone around Sawler Lake a reality. My clients, the Burchells, would be happy to volunteer to participate in the sub- committee and would also be willing to consider a monetary donation to help establish the committee. Larex’s commitment to pay for and maintain a public park is very generous and my clients look forward to working with them and the Municipality to provide a lakeside zone and park on Sawler Lake and a commitment to have it maintained in a first-class manner into the future. Jeff Aucoin Direct +1 (902) 444 8507 jeff.aucoin@mcinnescooper.com 1969 Upper Water Street Suite 1300 McInnes Cooper Tower - Purdy's Wharf Halifax NS Canada B3J 2V1 Tel +1 (902) 425 6500 | Fax +1 (902) 425 6350 MCINNES COOPER Page 2 224028 July 4, 2023 (41515640_1) My clients welcome the opportunity to discuss this with you. Yours very truly, Jeff Aucoin JA/co c. Hubbards Streetscape Project (By E-mail: hubbardsstreetscapeproject@gmail.com) Larex Management Ltd. (By E-mail: karen@larex.ns.ca) Municipality of Chester Council (By E-mail: council@chester.ca) Andrew Burchell (By E-mail: aburchell44@hotmail.com) Jeff Burchell (By E-mail: jeffjburchell@gmail.com) #41515640 INFORMATION REPORT REPORT TO: Committee of the Whole MEETING DATE: July 27, 2023 DEPARTMENT: Infrastructure & Operations SUBJECT: Possible Funding Options for the Church Memorial Park Feasibility Study ORIGIN: June 29, 2023 Council Agenda Item Date: July 11, 2023 Prepared by: Jonathan Meakin, Manager, Sustainability & Asset Management Gordon Tate, Active Living Coordinator Date: July 11, 2023 Reviewed by: Erin Lowe, Deputy CAO Date: July 11, 2023 Authorized by: Tara Maguire, CAO CURRENT SITUATION At the June 29, 2023 Council meeting, representatives from the Church Memorial Park (CMP) discussed their presentation Request for Funding for Feasibility Study – Future of the Rink, which outlined CMP’s request for $100,000 – $200,000 from the Municipality to complete a feasibility study for the park and its facilities. Council recognized the importance of a feasibility study and the need for more information and discussion. Council asked staff to investigate potential funding that may support a feasibility study. BACKGROUND The ice arena at Church Memorial Park is 53 years old and is nearing the end of its useful life as an asset. As a result, the facility requires significant rehabilitation or replacement. There are several factors helping to shape the CMP Board’s decision-making for the long-term direction of the park and its facilities, notably: a detailed engineering report on the rink and plans for rehabilitation; the advocacy of a group of community representatives lobbying for a new ‘lifestyle centre’; and new CMP Board members working with the community group on coordinating possible options for the future direction and development of the park and facilities as a whole. CMP wishes to undertake a professional study to address two possible options: whether to build a new sports and recreation facility, or whether to renovate and maintain the existing facility. DISCUSSION/UPDATES Council noted that projects involving recreational facilities often draw on multi-governmental support and therefore asked staff to investigate possible grant program options that might help fund a feasibility study of the scope envisioned by CMP. After consultation with contacts at other levels of government, staff note that funding options dedicated solely to feasibility studies are very limited. R e q u e s t f o r D e c i s i o n P a g e | 2 Planning Assistance Grant Department of Communities, Culture, Tourism, and Heritage (CCTH) Program overview: The Planning Assistance Program helps applicants obtain professional expertise required to research, assess or design new facilities or expand existing facilities that advance sport and recreation in the province. Eligible organizations: include community associations and non-profit societies. Funding available: 50% of total project costs up to a maximum of $10,000. Assistance for large- scale projects may be considered as special cases. Potential applicants will need to discuss the project with the Regional Manager for the South Shore before applying. Deadline: Open submission between April 1 to December 1, until funding allocated. GHG Reduction Pathway Feasibility Study Grant Green Municipal Fund, Federation of Canadian Municipalities Green Municipal Fund Program overview: The GHG Reduction Pathway Feasibility Study Grant helps applicants integrate energy and GHG reductions into longer-term management plans for local recreational and cultural facilities. Studies include feasibility work to support near-term and long-term capital projects while mapping out how to extend asset life and reduce cost of ownership (i.e., the total capital, operating, and maintenance costs over the building’s remaining useful life). Eligible organizations: Municipalities and Municipal government project partners. (A Municipal government project partner is a non-municipal applicant partnering with a municipality that provides a financial contribution to the project.) Funding available: a maximum of $65,000 to cover up to 80% of eligible costs of a building. Deadline: Applications are accepted year-round until all funding has been allocated. NOTE 1: The FCM’s GHG Reduction Pathway Feasibility Study Grant program is certainly a possibility, but the project scope would have to be structured to focus on GHG reduction outcomes in any design and capital planning work. Community consultation work that should be integral to a feasibility study would be a stretch. NOTE 2: The provincial Recreation Facility Development Grant, which includes the Rink Revitalization Fund, is focused on capital projects. A feasibility study project would not be eligible. Similarly, there are no grant opportunities available through ACOA or other federal agencies. NOTE 3: Staff note that there are several recent, local examples of completed feasibility studies that may help inform CMP in determining the scope and desired outcomes for their feasibility study project. NOTE 4: Government funding sources often have rigorous procurement polices attached to them. CMP should consider this when selecting a preferred service provider. ATTACHMENTS N/A Summer 2023 Agenda Planning a) Council Other C.O. W Council Workshop Other C.O. W Council Workshop Other Workshop • Plan Review • Business Retention & Expansion — Consultant report & triage • Personnel Policy & Salary and Benefits in camera workshop dIA 1 Uniform Signage Expansion — options and timeline r Trn 'TIT 'TIT 'TIT 'TIT • Housing Accelerator fund • Personnel Policy & Salary and Benefits Low Income Tax Exemption • • Mill Cove Fire Protection Options • Public Drop off • EVC tower • • Facility Study — award of tender Village Plan Review - consultation report & next steps South Shore Historic Preservation Society - Countway Mosher House Proposal • Comfort Centre and 72 -hour policy options • Strategic Planning • • Procurement Policy Update • Cash Flow Reserve Update • Budget Revisions & Update • • Well Lending Program expansion • Speed Radar options • • Traffic Study — Options and Prioritization Workshop • Wastewater Development Charges workshop (to discuss boundary for charge areas) • C''l Elva Ga+es wgsfern Shore , Novo Sca+io gO j 3M0 Tune 29*'- 2023 PoMela MyV-Q/(OLAnci l ISI 6noJ Sfreff Chester) Nov oi Sco+iON 0T 1T0 Tuyle 29-11, 2023 ear Pamela Myron) would IiKe +o solo fholnl( \jov so much Cor 4he C Iester MvnicingI CouncI( MQr`i+ Awor- fjresen+ed +o me 01+ my o Y--advot--iov\ from Fores-l- Hfi(i Pubs Commvn1 -y S cP)ool , You r inured ihl J oynerovs Co'l+l 16u+ioy) is deeply oipprecPq+fool ovgd w, ll help me VvrSUe my passion soci cil worK ovi kelpin ( o+kev-s . 1 w'lI 2 q-f+endino Sc1in+ Mct1—g`S Un'Iver,Ity kis FaII where T will be enralled 'ay\ -I-he Bachelor o F /Ar-I s rra ravr l'5yChalGoJ! . OncQ a)aivl , i aM beyond +hanK-Fvl foY your Kind cuhsiderq io-, qno) Fivlanc`ci I sUpparf- Z w 0 lever For(e-I- i f. Sincere ly) 11 i Ava Ga+e s 1 Pam Myra (she/her) From:Mildred Royer Sent:July 24, 2023 11:31 AM To:Council Subject:Traffic on highway 3 ** EXTERNAL EMAIL ** Please do not open attachments or click links from an unknown or suspicious origin. While it is very understandable that traffic on highway 3 is very busy given the need to close highway 103 between exits 7 and 8 due to flood damage, it is very dangerous to residents along highway 3. There are countless driveways along this highway and cars are now speeding through at high rates of speed. It is unsafe to try to exit many of these driveways especially where there are curves and hills. Until the 103 reopens it would be appropriate to have alerts along highway 3 to slow the traffic in both directions before there is a serious accident. There was already one accident this morning near Goat lake. I would ask council to consider this and to find a means to slow down this traffic for as long as the 103 is closed between exits. Thank yu Sent from my iPhone. Mildred Royer REQUEST FOR DECISION REPORT TO: Municipal Council MEETING DATE: July 27, 2023 DEPARTMENT: Finance Department SUBJECT: Reduction of Taxes under policy P-23 ORIGIN: Tax-payer request Date: July 6, 2023 Prepared by: Tim Topping, CPA, CA, Director of Finance Date: Reviewed by: Date: July 20, 2023 Authorized by: Tara Maguire, CAO RECOMMENDED MOTION That Council approve a reduction in 2023/24 taxes payable for assessment account number 02522209 in the amount of $429.21. This tax reduction will be written off to allowance for uncollectible taxes 01-00-000-451100. CURRENT SITUATION A property owner has submitted a request in writing for a reduction in taxes as their property was destroyed by fire. The property is 3072 Highway 3, East Chester, AAN 02522209. Section 69A of the Municipal Government Act provides that Council may, by policy, provide for a reduction in taxes payable, to the extent that council considers appropriate, and reimburse any overpayment because of the reduction. Under policy P-23, upon request from the Treasurer, the Director of Assessment shall value the property to provide the current assessment value to be used to calculate the amount of taxes to write off. BACKGROUND As required by policy a written request was received from Dennis Zinck, to adjust the assessed value of the property to reflect damage caused by a fire on February 7, 2023. Under policy P-23, upon receipt of the written request, The Director of Finance/Treasurer requested Property Valuation Services Corporation (PVSC) to conduct an inspection of the property and provide a revised opinion as to its value. A letter was received from PVSC with a revised opinion of value of $74,400 for 2023 and $69,800 for 2022 (attached) versus the previously assessed values of $116,700 (capped at $115,100) in 2023 and $106,900 in 2022. DISCUSSION Since the fire occurred on February 7, 2023, the recommended reduction is from two tax years (53 days in 2022/23, and all of 2023/24. Taxation year Previous Taxable Assessed Value Adjusted Taxable Assessed Value Reduction in Taxable Assessed Value Combined Tax Rate Days of Year to apply Reduction Reduction Amount 2022/23 $106,900 $69,800 $37,100 $0.8995/$100 53 $48.46 2023/24 $115,100 $74,400 $40,700 $0.9355/$100 365 $380.75 TOTAL Reduction $429.21 R e q u e s t f o r D e c i s i o n P a g e | 2 A brief analysis of the situation should be provided, focusing on findings and justification of the recommendation(s). The analysis should logically flow from the background section. If there is an agreement, by-law, or policy to be adopted, the key features should be noted or explained. Include the pros and cons to various options. This section should also discuss the extent to which the recommendation(s) is (are) consistent or inconsistent with any adopted programs or policies. OPTIONS 1. Approve the recommended tax reduction of $429.21 2. Approve the reduction to the extent that Council considers appropriate COMMUNICATIONS (INTERNAL/EXTERNAL) Internal – n/a External- the property owner IMPLICATIONS By-Law/Policy In compliance with policy P-23. Financial/budgetary Reduction of the allowance may increase uncollectible taxes expense for the year Environmental n/a Strategic Priorities 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 n/a Has Legal review been completed? ___ Yes _ x_ No __ N/A COMMUNICATIONS (INTERNAL/EXTERNAL) REFERENCES Municipal Government Act section 69A Policy P-23 15 Arlington Place, Suite 6 Tel 1.902.893.5800 Truro NS 1.800.380.7775 B2N 0G9 Fax 1.902.893.6101 1.888.339.4555 www.pvsc.ca June 8, 2023 Municipality of the District of Chester 151 King St. Chester, NS B0J 1J0 Re: Fire Damaged Property: 3072 Highway 3, East Chester AAN 02522209, Dennis Rae Zinck Attn: Angela Schnare Your request of June 6, 2023 indicated the above referenced property sustained fire damage on February 7, 2023. Section 69A of the Municipal Government Act (MGA) 1998, c. 18, s.1 provides that a municipal council may, by policy, provide for reduction or re-imbursement of taxes payable in cases of property destroyed or damaged by fire. To support such a policy, that section of the MGA also sets out that Property Valuation Services Corporation (PVSC) provide a new opinion of value reflecting the damage or destruction upon request of the Clerk. In response to your request respecting the above referenced property, we have provided the following revised opinion of value reflecting damage or destruction for taxation purposes pursuant to the municipality’s policy in this regard. Pursuant to the legislation, the revised value below will not be reflected on the current year’s filed Assessment Roll. If you have any questions or require additional information, please contact PVSC at 1-800-380-7775. Sincerely, Rod Tremblay, CRA, P.App, B.Etol Assistant Director, Roll and Data Maintenance Property Valuation Services Corporation 238A Brownlow Ave, Suite 200, Park Place II Dartmouth NS, B3B 2B4 1-800-380-7775 | Fax 902-720-7873 | rodtremblay@pvsc.ca www.pvsc.ca Assessment Year Current Filed Roll Assessed Value Tax Classification Revised Opinion of Value Reflecting Damage or Destruction (for tax purposes) Tax Classification 2022 $ 106,900 01 $ 69,800 01 2023 $ 116,700 01 $ 74,400 01 REQUEST FOR DECISION REPORT TO: Municipal Council MEETING DATE: July 27, 2023 DEPARTMENT: Corporate & Strategic Management SUBJECT: KMIP Realtor Services ORIGIN: Economic Development Strategy Date: June 30, 2023 Prepared by: Olivia Corkum, EDO Date: July 5, 2023 Reviewed by: Erin Lowe, Deputy CAO Date: July 20, 2023 Authorized by: Tara Maguire, CAO RECOMMENDED MOTION It is recommended that Council direct staff to issue Appendix II: Draft RFP Particulars – KMIP Realtor in a Request for Proposals for the professional services of a commercial real estate broker to facilitate further sales, marketing, and general awareness of available land at Kaizer Meadow Industrial Park without amendments. CURRENT SITUATION The Kaizer Meadow Industrial Park (KMIP) park is currently home to Sustane Technologies, Full Circle Environmental Solutions and the Kaizer Meadow Landfill. There is ample land available for development with approximate phases shown under Appendix i: KMIP Phasing. Land is currently priced at $20,000 an acre, per the valuation received by KW Commercial Advisors in November of 2021. Staff have identified a gap in our marketing efforts where prospective buyers tend to go directly to commercial realtors to find property. Lot sales would be better served by a specialist in the sector and recommend the Municipality procure commercial realtor services to increase exposure and awareness of the KMIP to prospective buyers, in addition to our own marketing efforts (see Appendix II: Draft RFP Particulars – KMIP Realtor). Commercial Realtors would also be more knowledgeable when it comes to determining whether future offers are market value or not. BACKGROUND KMIP features 150 acres of heavy industrial zoned land with no conflicting land uses, located approximately one hour from Downtown Halifax. Marketing tactics undertaken includes: - Participation in Atlantic Canada Site Certification which promotes commercial and industrial lands ready for development in Atlantic Canada to potential investors around the world. - Participation in the CanExport program – which cost-shares the development of promotional materials to attract foreign-direct investment as well as increased visibility at the local level (i.e., signage) - Partnerships through other levels of government, like Invest Nova Scotia - Staff-led marketing through newsletters, LinkedIn, and advertisements through other publications (ex: AllNovaScotia). R e q u e s t f o r D e c i s i o n P a g e | 2 DISCUSSION Currently, 6 per cent commission is allotted for realtor fees, to be paid by MODC per outlined conditions, upon sale of land at KMIP, pending the buyer has retained professional realtor services. Retaining these services for the sale of land at KMIP could broaden awareness and propel sales. Moreover, guidance and consultation on what is necessary to encourage sales at KMIP would be obtained through retention of a professional real estate broker. Drawbacks include a potential reduction in profit from land sales occurring, depending on commission negotiations and sale prices. However, the increase in land sales could be higher, thereby promoting business development and attraction. The commission is contingent on the sale of land, therefore, there is no risk to the MODC financially. OPTIONS Option 1: Staff to continue marketing KMIP without the acquisition of professional real estate services. Option 2: Direct staff to issue Appendix II: Draft RFP Particulars – KMIP Realtor within a Request for Proposals for the professional services of a commercial real estate broker to facilitate further sales, marketing, and general awareness of available land at Kaizer Meadow Industrial Park with amendments. Option 3: Direct staff to issue Appendix II: Draft RFP Particulars – KMIP Realtor within a Request for Proposals for the professional services of a commercial real estate broker to facilitate further sales, marketing, and general awareness of available land at Kaizer Meadow Industrial Park without amendments. IMPLICATIONS By-Law/Policy N/A Financial/budgetary Retention of professional realtor services could result in potential decreased profits from land sales, but could result in more land sales; therefore, fulfilling economic development priority outcomes noted below. Environmental N/A Strategic Priorities The retention of professional realtor services will assist the Municipality in advancing the following Priority Outcomes of the 2021-24 Strategic Priorities Framework: Priority Outcomes: Economic Development 1. Partner in the development of infrastructure and opportunities for business development and attraction. 2. Promote and grow the Municipality’s economic sectors. 3. Position the Municipality as Nova Scotia’s south shore community of choice for residents, businesses, and organizations, and as an international tourism destination. Work Program Implications The retention of professional realtor services is aligned with investment attraction efforts currently featured in the work program for economic development staff. R e q u e s t f o r D e c i s i o n P a g e | 3 Has Legal review been completed? ___ Yes _ _ No X N/A ATTACHMENTS Appendix i: KMIP Phasing Appendix II: Draft RFP Particulars – KMIP Realtor The Service The professional services to be provided by the successful proponent includes, but not limited to: Comparative market analysis – Obtain historical data to analyze comparable properties. The data will inform pricing and market value while factoring in differing and similar attributes for comparable properties. Online advertising – Publish and advertise to the Multiple Listing Service (MLS) to showcase KMIP on multiple property search platforms. Post listings on social media sites run by retained realtor. Photography and videography – Showcase KMIP with ariel footage. Highlight how much is available and where other tenants of the park are located. Connect with buyer’s realtor to arrange showing and inform relevant parties of same. Assistance with legal transaction – Provide necessary documentation/transporting of information traditionally handled by realtor to successfully close transaction. Negotiations – Involvement with negotiating deal between parties. R e q u e s t f o r D e c i s i o n P a g e | 4 Direct marketing efforts (ex., email, direct mail, phone calls, etc.) to potential buyers. Guidance and consultation on what is necessary to encourage sales at KMIP. Other matters as they arise. Rated Criteria/Evaluation Experience and Qualifications – Total Points = [30 points] Each proponent should provide the following in its proposal: (A) A brief description of the proponent/general overview of the company (B) Submission of three similar sales from last three years highlighting competency of the proponent with the sale of commercial land. (C) The name, roles, and responsibilities of the proponent and any of its agents, employees and subcontractors involved with execution of the service. Explanation of respective expertise in each area is required. Understanding, Methodology and Approach – Total Points = [25 points] (D) Description of how the proponent will provide the service, which should include: a. A work plan including milestone dates (approximation) b. An organizational chart indicating how the proponent intends to structure its working relationship with the Municipality and the requirements/collaboration with the Economic Development Officer. (E) Explain the skills, knowledge, and expertise of the proponent in the following areas: a. Knowledge of commercial real estate market along South Shore and wider Nova Scotia b. Tactics used to market commercial real estate in Nova Scotia c. Familiarity with Municipality of Chester considered an asset References – Total Points = [15 Points] Each proponent is requested to provide three (3) references from clients who have obtained services like those requested in this RFP from the proponent in the last three years (ideally the same references for the projects outlined in Experience and Qualifications) Provide the name of each project reference, along with their phone number and email address. The project reference information provided should identify the size of the projects conducted, as well as demonstrate the extent of your previous experience, the clients’ overall satisfaction with your services and the results achieved, including your adherence to interim and final deadlines. Price – Total Points = [30 points] Proponents shall outline the brokerage fees for representing the Municipality of Chester in the transaction. The successful proponent shall only represent the Municipality of Chester in relation to sales of land at KMIP. Payment will be commission based. Please write as a percentage per acre sold. The proposed commission pricing shall be all-inclusive for the scope of work outlined in the RFP (which includes the payment of the successful proponent to any subcontractors outlined).