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MUNICIPAL COUNCIL
AGENDA
Thursday, November 16, 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 – October 26, 2023.
5. PROCLAMATIONS
5.1 Letter and Proclamation for consideration from Nature Canada regarding “Restoring and
Protecting 30% of our Ocean by 2030.”
6. COMMITTEE REPORTS
6.1 Recreation & Parks – October 16, 2023 – Councillor Church.
6.2 Lunenburg County Seniors’ Safety Program Report – October 2023 – Councillor Connors.
7. PUBLIC PRESENTATIONS
7.1 9:00 a.m. George Buranyi – Save Our Old Forests Lunenburg County.
7.2 9:20 a.m. Lynda Flinn – Rezoning of PID 60094497 (Old Trunk 3/Target Hill Road).
8. BY-LAWS AND POLICIES
9. MATTERS ARISING
9.1 Quarterly Update – Community Development & Recreation.
10. CORRESPONDENCE
10.1 Email dated October 24, 2023 sent on behalf of Bear Lake Wind Farm regarding
Notification of Environmental Assessment Registration.
Page 2 of 2 (Agenda Pages)
10.2 Correspondence dated October 11, 2023 to the NS Federation of Municipalities from the
Municipalities of Shelburne and Barrington and the Towns of Clark’s Harbour, Lockeport,
and Shelburne regarding an urgent need for advocacy to improve rural cell phone
coverage for emergency preparedness.
11. NEW BUSINESS
11.1 Request for Decision prepared November 7, 2023 – Community Development and
Recreation - New Road Names – Parker Ridge Drive and Layton Lane.
11.2 Request for Decision prepared November 7, 2023 – Infrastructure & Operations – NS
Community Solar Program: Environmental Stewardship and Economic Development.
11.3 Request for Decision prepared October 31, 2023 – Community Development & Recreation
– Private Street Maintenance Petition – Sherwood Forest Owners Association. Waiting for
approval.
11.4 Request for Decision – Infrastructure & Operations - Otter Point Wastewater Treatment
Plant.
12. IN CAMERA
13. ADJOURNMENT
APPOINTMENTS
9:00 a.m. George Buranyi of Save our Old Forests Lunenburg County.
9:20 a.m. Lynda Flinn regarding rezoning of PID 60094497 (Old Trunk 3/Target Hill Road).
402
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, October 26, 2023
MEETING CALLED TO ORDER
Warden Webber called the meeting to order at 8:47 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: Erin Lowe, Deputy CAO
Pamela Myra, Municipal Clerk
Emily Lennox, Executive Secretary
Matthew Blair, Director of Infrastructure & Operations
Ellen Johnson, Accessibility Coordinator
Tammie Bezanson, CET
Garth Sturtevant, Senior Planner
Chad Haughn, Director of Community Development and Recreation
Jonathan Meakin, Manager, Sustainability and Asset Management
Solicitor: Samuel Lamey, Municipal Solicitor
Public: There were 13 members of the public in the gallery.
Regrets: Tara Maguire, CAO
APPROVAL OF AGENDA/ORDER OF BUSINESS
Addition/Change:
11.4 Appointment of Nominating Committee
Council (continued) October 26, 2023 403
In Camera – Personnel
Committee Reports - Nominating Committee of October 25, 2023.
2023-454 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff the agenda
and order of business for the October 26, 2023, Council meeting be approved as
amended. ALL IN FAVOUR. MOTION CARRIED.
PUBLIC INPUT
No one present wished to address Council.
MINUTES OF PREVIOUS MEETINGS
4.1 Council – October 12, 2023.
2023-455 MOVED by Councillor Church SECONDED by Councillor Assaff that the minutes of
the October 12, 2023, Council Meeting be approved as circulated. ALL IN FAVOUR.
MOTION CARRIED.
PROCLAMATIONS
There were no proclamations for consideration.
COMMITTEE REPORTS
6.1 Nominating Committee – October 25, 2023 – Councillor Assaff.
2023-456 MOVED by Councillor Church, SECONDED by Councillor Assaff that the
recommendations from the October 25, 2023 meeting of the Nominating Committee
be approved as follows:
2023-449 – “… appoint Nicholas Buckle to the Chester Municipal Planning Advisory
Committee to represent District 5 for a two-year term.”
2023-450 – “… appoint Sara Filbee to the Chester Village Planning Advisory
Committee for a two-year term.”
2023-451 – “… appoint Joud Alouch to the Equity, Diversity, & Inclusion Committee
for a two-year term.”
Council (continued) October 26, 2023 404
2023-452 – “… appoint Barry Redmond, Bunch Fraser, and Brenda Mulrooney to the
Heritage Advisory Committee for one-year term.
ALL IN FAVOUR. MOTION CARRIED.
PUBLIC PRESENTATIONS
There were no public presentations.
BY-LAWS AND POLICIES
There were no by-laws or policies for review.
MATTERS ARISING
9.1 Information Report prepared October 20, 2023 – Corporate & Strategic Management –
Nova Scotia’s Proposed Built Environment Accessibility Standard.
a. Proposed Built Environment Accessibility Standard Package.
b. Lunenburg County Accessibility Plan.
Present was Ellen Johnson, Regional Accessibility Coordinator to review the proposed Built
Environment Accessibility Standard Package. She outlined the five parts of the standards:
1. Regulations which will apply to all organizations as well as some specified organizations
with compliance by April 1, 2026 (redeveloped or newly constructed after that date with
some exceptions that must comply by this date).
2. Guidelines.
3. Government Actions.
4. Building Code Amendments.
5. Fire Code Amendments.
She also outlined the high and moderate impact sections as follows:
High - Section 7 – parking areas not associated with a building.
High - Section 11 – temporary sidewalks.
Moderate – Section 8 – maintenance of parking areas.
Moderate – Section 22 – campgrounds.
Included in the information were low impact sections:
Low – Section 3 – site selection.
Low – Section 4 – accessible entrance illumination.
Council (continued) October 26, 2023 405
Low – Section 6 – exterior stairs not associated with a building.
Low – Section 10 – sidewalks.
Low – Section 12 – objects in path of travel.
Low – Section 13 – pedestrian signals.
Low – Section 14 – snow and ice control.
Low – Section 15 – emergency evacuation plan.
Low – Section 16 – placement of defibrillators.
Low – Section 17 – lockers.
Low – Section 18 – pools.
Low – Section 19 – outdoor public eating areas.
Low – Section 20 – benches.
Low – Section 21 – development plan for accessible outdoor spaces.
Low – Section 24 – outdoor classrooms.
It was noted that this Municipality has already done a lot to increase accessibility and staff are
already applying the accessibility lens to projects that are happening. The impact on the
Municipality will be budget allocations and increased staff times. It was noted that in creating
plans and communication to the public, maintenance activities, cost of design for renovations to
meet higher accessibility demands, cost of construction when constructing a building from
scratch doesn’t cost a whole lot more; the difference in research shows that it is only between
1% and 8%. It was also noted that 30% of the adult population report having a disability and
many of those people encounter issues in the built environment. In talking to people about the
standards, people with disabilities feel it will make a difference other than it does not include a
retrofit for older buildings.
She has supported the Lunenburg County Accessibility Advisory Committee in writing a letter
and collected comments from staff that will be contributed to the website for the public
review/comments section.
Warden Webber thanked the Regional Accessibility Coordinator for her report.
9.2 Request for Decision prepared October 3rd, 2023 – Corporate & Strategic Management -
Chester Fire Hall Conceptual Design RFP Recommendation to Award.
Erin Lowe, Deputy CAO, reviewed the Request for Decision prepared October 3rd, 2023 –
regarding the Chester Fire Hall Conceptual Design RFP Recommendation to Award.
Council (continued) October 26, 2023 406
2023-457 MOVED by Councillor Wells, SECONDED by Councillor Church that Municipal
Council, subject to the approval of the Village Commission and incorporation of the
Chester Fire Services Committee, approve the award recommendation to Acre
Architects for the Conceptual Design and Cost Estimates for a new Chester Fire Hall
(MODC-T-2023-006) at a lump sum fee not to exceed $106,000 (HST not included).
DISCUSSION:
Councillor Wells asked who would be paying for the design and it was noted that the
Committee would pay for it.
Councillor Connors asked where they were in terms of the incorporation of the
Committee, and it was noted that they have insurance and are waiting for the
certificate from Registry of Joint Stocks. It was also noted that the project manager
would be someone appointed by the Fire Services Committee.
ALL IN FAVOUR. MOTION CARRIED.
9.3 Village Plan Review prepared October 12, 2023 – Community Development & Recreation –
What We Heard Report.
a. Appendix A – Public Comment Cards, Emails, Letters – Village Plan Review Redacted.
Present was Garth Sturtevant, Senior Planner to review the What We Heard Report which
included a slideshow of the items for discussion and a summary of public comments and
feedback from summer engagement activities. Each topic was discussed, and staff was provided
with verbal direction.
Potable Water/Density and Options – this was one of the most discussed topics.
R1 Zone Minimum Lot Size and Options.
Marine Development Zone and Options.
Short Term Rental Regulations and Options.
Architectural Controls and Options.
Affordable Housing Stock and Options.
Parking and Options.
Electric Generation (Solar) and Options.
R2 Zone Setbacks and Small Accessory Structures and Options.
Institutional Zone and Options.
Revised Height Limit and Calculations and Options.
Heritage Protection and Options.
Expanded Architectural Controls and Options.
Extent of Core Commercial Zone (Queen & Union Streets) and Options.
Corner Vision Triangle and Options.
Council (continued) October 26, 2023 407
Rezone of Former Hawboldt Property and Options.
Rezone of PID 60093572 (3889 North Street) to Highway Commercial and Options.
Staff identified Issues:
o Should STR’s in Commercial Zones count as “commercial use on ground floor”?
o Expand on-site parking exemption in Core Commercial to ALL uses (STR vs Multi-
unit Apartment parking)?
o Potable water policy statements (as discussed earlier) should policy be added to
SPS to speak to an aquifer study and/or commitment to central water prior to
next Plan Review (approx. 10 year time horizon)?
Next steps were discussed. Staff will use the feedback from Council today as well as from the
Solicitor and the Accessibility Coordinator to create a Draft 2. Once that is complete it will be
brought before Council for further discussion regarding engagement.
Councillor Veinotte recalled that somewhere there is a zone that does not require storm
management until there are nine (9) units. However, he felt that stormwater management
should be triggered after two or three units. Also, anything commercial should require
stormwater management.
Warden Webber advised Council that the workshop scheduled for this morning would be
moved to next week.
A break was held from 12:15 p.m. to 12:25 p.m.
9.4 Request for Direction prepared October 3, 2023 – Infrastructure & Operations –
Sustainable Services Growth Fund.
Jonathan Meakin, Manager, Sustainability & Asset Management was present to determine
Council’s decision in how to allocate the funds of $672,021 received through the Sustainable
Services Growth Fund.
2023-458 MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that Council
direct staff to utilize the funding received from the Sustainable Growth Fund (SSGF)
in the amount of $672,021 for the following projects:
Wild Rose (additional built environment standards) at approximately $300,000;
and
Council (continued) October 26, 2023 408
Active Transportation (Phase 2 of the ICIP active transportation project –
sidewalks in Hubbards, Western Shore, and New Ross with the remaining
funds.
ALL IN FAVOUR. MOTION CARRIED.
9.5 Request for Direction prepared October 16, 2023 – Infrastructure & Operations – J-Class
Roads 2024 NS Department of Public Works Submission.
Present were Matthew Blair, Director of Infrastructure & Operations, and Tammie Bezanson, CET
with regard to the J-Class Roads submission to the Provincial Government.
2023-459 MOVED by Councillor Veinotte, SECONDED by Councillor Connors that Council
recommend the roads listed in Table A – Asphalt Surface Only to the Provincial
Government under the J-Class Road 50/50 Cost Share Program as follows:
RANK ROAD NAME LOCATION MODC
DISTRICT
LENGTH
( M)
ESTIMATED
MODC
SHARE
(2023)
1 Stevens Rd East Chester 1 400 $218,400
2 Freda’s Hill Chester 3 180 $98,280
3 Forest Village Rd Simms Sett. 2 800 $436,800
4 Chester Downs East Chester 1 1,020 $556,920
5 Vaughan Rd W. Shore 5 470 $256,620
6 Walker Rd Chester 3 1,277 $697,078
7 Main St Chester 3 440 $240,240
8 Queen St Chester 3 1,080 $589,680
9 Central St Chester 3 1,030 $562,380
10 Victoria St Chester 3 340 $622,440
DISCUSSION:
Councillor Wells commented that the roads should include Walker Road, Chester
Downs, and Swinimer Road and throw the rest in a hat.
Councillor Assaff noted his suggestion was for each Councillor to select two roads.
Councillor Wells felt they must be selected according to condition and briefly
discussed Walker Road, Chester Downs, and Swinimer Road.
Councillor Veinotte noted that the province will pick whichever one they want to pick.
Deputy Warden Shatford agreed, noting we submit and the province picks whichever
they want – the order doesn’t matter.
FOUR IN FAVOUR. THREE OPPOSED. MOTION CARRIED.
Council (continued) October 26, 2023 409
9.6 Request for Decision prepared October 18, 2023 – Infrastructure & Operations, Solid
Waste – Kaizer Meadow Landfill Phase 2 Leachate Treatment Plant (LTP) Upgrades
(MODC-T-2023-014)
Present was Christa Rafuse, Director of Solid Waste who reviewed the Request for Decision
prepared October 18, 2023 regarding the Kaizer Meadow Landfill Phase 2 Leachate Treatment
Plant Upgrades. The tenders were posted and closed with Mid Valley being the lowest bid. She
noted that they originally estimated the project at $2 Million, however, the lowest bid received
was $3,152,950 (not including HST).
2023-460 MOVED by Councillor Assaff, SECONDED by Councillor Church that Council award
the construction of the Phase 2 Leachate Treatment Plant (LTP) upgrades (MODC-T-
2023-014) to Mid Valley Construction (1997) Ltd. in the amount of $3,288,100 (net
HST included).
DISCUSSION:
Councillor Veinotte noted that we will consistently see much higher than budgeted for
amounts and we need to think about a strategy to take care of that.
It was noted that the CAO will be talking with other units regarding this.
ALL IN FAVOUR. MOTION CARRIED.
9.7 Request for Decision prepared October 17, 2023 – Corporate & Strategic Management –
East River Point Property PID 60628468 Consideration of Land Sale.
a. Correspondence.
Erin Lowe, Deputy CAO noted that Council had received a letter of offer of purchase, which
triggered the consideration of the land sale process. The Municipality received the property
through subdivision process, and we are required to issue a notice to residents in the
subdivision that Council is considering the sale. The residents are able to come on the day of
the Council meeting or submit written correspondence. The concern outlined in the
correspondence received was about maintaining it as a green space with trees, and the potential
increase of commercial traffic on Endeavour Avenue from the shipyard.
Council discussed the pros and cons of the request.
2023-461 MOVED by Deputy Warden Shatford, SECONDED by Derek Wells that Council direct
staff to not proceed with the process to sell PID 60628468, a lot of land at East River
Point acquired through the subdivision process, as per Section 273(13) of Part IX
Subdivision. ALL IN FAVOUR. MOTION CARRIED.
Council (continued) October 26, 2023 410
CORRESPONDENCE
10.1 Email dated October 10, 2023, from Garth Sturtevant, Senior Planner, with information
from NS Environment and Climate Change regarding the launch of consultation with
coastal property owners on how to plan and adapt development along the coastline.
This was for information and for Councillors to distribute to coastal property owners in their
districts. The province has also been targeting coastal property owners directly.
10.2 Email dated October 19, 2023, from Katie Hirtle, Director 4H Nova Scotia, with information
on November being National 4H Month in Canada.
It was agreed to put up green lights as requested on November 1 in recognition of 4H Month in
Canada.
10.3 Correspondence from Minister of Municipal Affairs and Housing to CAOs in the province
regarding Bill 340; and
10.4 Correspondence from Minister of Municipal Affairs and Housing to the NS Federation of
Municipalities regarding Bill 340.
Councillor Connors indicated that she would like copies of any other letters.
Warden Webber noted that it was his understanding that J-Class Roads would remain as they
are currently.
Councillor Veinotte voiced concern that the whole conversation on municipal service exchange
was done in consultation with a chosen group sworn to secrecy and the province didn’t
necessarily take recommendations from that group. They lobbied individual Councillors,
Wardens, and Mayors. It was a fake consultation and that is why there is a lot of distrust. It was
an improper consultation.
NEW BUSINESS
11.1 Information Report prepared October 17, 2023 – Corporate & Strategic Management –
Economic Development Sponsorships Update.
Council (continued) October 26, 2023 411
The Deputy CAO advised Council of a recent sponsorship noting that there are two tickets
available for the Lunenburg County Sport Heritage Society Induction Ceremony. If anyone is
interested in attending, please let her know.
11.2 Request for Decision prepared October 17, 2023 – Community Development & Recreation
Dept. – New Road Name Assignment.
2023-462 MOVED by Councillor Church, SECONDED by Councillor Assaff that Council approve
the new road name Bear Ridge (in the community of Windsor Road) and staff be
directed to advise the appropriate departments/organizations. ALL IN FAVOUR.
MOTION CARRIED.
11.3 Council District Grant Request: District 5 – Together We Can Community Society –
Halloween Event & Christmas Wreaths - $1800.
The Director of Community Development & Recreation noted that there was only $1,690
remaining in the budget for District 5.
2023-463 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that Council
approve a District 5 Council Grant to the Together We Can Community Society in the
amount of $1,690. ALL IN FAVOUR. MOTION CARRIED.
11.4 Appointment to Nominating Committee.
Warden Webber appointed Councillor Veinotte, Councillor Church, and Deputy Warden
Shatford to the Nominating Committee.
IN CAMERA
12.1 In Camera as per Section 22(2)(c) of the Municipal Government Act – Personnel.
2023-464 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the
meeting convene “In Camera” as per Section 22(2)(c) of the Municipal Government
Act – Personnel.
ADJOURNMENT
Council (continued) October 26, 2023 412
2023-465 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the
meeting adjourn. ALL IN FAVOUR. MOTION CARRIED. (1:10 p.m.)
_________________________ _________________________
Allen Webber Pamela Myra
Warden Municipal Clerk
NOTE:
The minutes are a record of decisions made at meetings. For more details on discussions,
a recording of the minutes can be viewed at: www.youtube.com/modcvideo.
424
MUNICIPALITY OF THE DISTRICT OF CHESTER
Minutes of
SPECIAL COUNCIL MEETING
Livestreamed via YouTube www.youtube.com/modcvideo
from 151 King Street, Chester, Nova Scotia
On Thursday, November 2, 2023
MEETING CALLED TO ORDER
Warden Webber called the meeting to order at 8:47 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: Erin Lowe, Deputy CAO
Pamela Myra, Municipal Clerk
Matthew Blair, Director of Infrastructure & Operations
Fred Whynot, Director of Public Works
Solicitor: Samuel Lamey, Municipal Solicitor
Public: There were no members of the public in the gallery.
Regrets: Tara Maguire, CAO
NEW BUSINESS
2.1 Request for Decision prepared October 27, 2023 – Infrastructure & Operations – Village of
Chester Wastewater System Upgrades (ICIP Village of Chester Wastewater System Renewal
and Expansion Project).
2023-474 MOVED by Councillor x, SECONDED by Councillor x that, along with the
Municipality’s existing $2,224,278 commitment to the Investing in Canada
Infrastructure Program (ICIP) grant of $8,340,000 for the Village of Chester
Special Council Meeting (continued) November 3, 2023 425
Wastewater System Renewal and Expansion Project (Phase 1), Council approve an
additional $9,226,000 for the Sequencing Batch Reactor (SBR) System technology
option and an additional $884,000 for collection and transmission upgrades related
to servicing growth areas;
and
That Council award the tender for the initial components of the Phase 1 collection
and transmission upgrades to the Village of Chester wastewater system (Tendered as
MODC-T-2023-022 Stanford Lake Road Wastewater Servicing) to Mid-Valley
Construction (1997) Ltd. for the amount of $1,935,548.16.
ALL IN FAVOUR. MOTION CARRIED.
ADJOURNMENT
2023-475 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the
meeting adjourn. ALL IN FAVOUR. MOTION CARRIED. (1:10 p.m.)
_________________________ _________________________
Allen Webber Pamela Myra
Warden Municipal Clerk
His Worship Allen Webber, Warden of Chester,
I'm writing to you on behalf of Nature Canada's ocean conservation team with an opportunity to
help create positive change for your community and the natural world we all rely on.
Canada has the longest coastline in the world. But the unrelenting impacts of climate change are
pushing the ocean out of balance. As ocean health continues to deteriorate, its ability to sustain
marine wildlife and shield life on land from the impacts of climate change weakens. Quite
simply: If we do not heal our relationship with the ocean, we will lose one of our
strongest allies in the fight against climate change and species collapse.
In 2015 only one percent of the Canadian ocean was protected. But as of 2022, due to advocacy
by Canadians like you, 14. 7 percent of our ocean is now safeguarded for generations to come.
Now our federal government has promised to protect 30 percent of our ocean by 2030 by
establishing marine protected areas on all three coasts.
Municipalities are on the front lines of climate change and feel its effects firsthand, as we've
seen across the country this summer. The ocean plays a pivotal role in mitigating the impacts of
climate change by acting as the world's largest carbon sink. It also produces more than half our
oxygen and absorbs 25 percent of all CO2 emissions, all while also regulating our climate.
Whether on the coast or far inland, municipalities heavily rely on healthy marine ecosystems to
provide various social, cultural, economic, and ecological benefits.
Here's why we need you: Your voice as a municipality can influence national governments and
have a direct effect on the quality of life of your residents. By having the council pass the
attached resolution, you will show our government officials that Canadians support the
protection of our ocean, encouraging them to implement effective policies.
It would mean a great deal to us if you could sign on to help secure a future for our generation
and the generations to come.
In solidarity with you and our natural world,
Simon L'Allier
Senior Ocean Campaigner
Nature Canada
Nature Canada is one of the oldest national nature conservation charities in Canada. For 80 years, we've
helped protect over 110 million acres of parks and wildlife areas in Canada and countless species. Today,
Nature Canada represents a network of over 130,000 members and supporters, guided by more than 1,300
nature organizations.
t0
C A N A D A
Proclamation
Restoring and Protecting 30% of our Ocean by 2030
DATE]
WHEREAS The ocean is home to hundreds of species at risk, vulnerable ecosystems,
produces over half of the world's oxygen, and absorbs 25 percent of all
CO2 emissions in our atmosphere, helping us minimize and mitigate the
impacts of climate change.
WHEREAS 2021-2030 is the United Nations' Ocean Decade, and countries around
the world, including Canada as a prominent leader, have committed to
protecting 25% of their ocean territory by 2025 and 30% by 2030 in order
to reverse biodiversity loss and safeguard at -risk marine life.
WHEREAS It is the jurisdiction of the Government of Canada, under various pieces of
legislation and regulation, to establish marine protected areas in
consultation with Indigenous Peoples. Many Indigenous nations and
communities are leading in the conservation of the ocean and have been
stewards of the ocean since time immemorial.
WHEREAS It is important for municipal leaders, especially those of coastal
communities, to demonstrate support for actions to safeguard the ocean,
as they have for action on climate change and other environmental
matters of national importance.
WHEREAS In celebrating the ocean and protecting its habitats and ecosystems, we
can together raise the profile of ocean conservation's critical role in
improving planetary health and slowing the crisis of species collapse and
ecosystem decline.
WHEREAS Every year, World Ocean Day is celebrated on June 8th worldwide to
raise awareness of the crucial role our ocean plays in sustaining life and
regulating our climate, and to inspire action to protect it.
NOW, THEREFORE:
Be it proclaimed by the Municipality of Chester that:
1. The municipality recognizes June 8th, 2024 as the 32nd edition of World Ocean Day with
its central theme of "Catalyzing Action for Our Ocean & Climate".
2. The municipality affirms its support to the movement to protect 30% of our ocean by
2030, with the interim target of protecting 25% of it by 2025.
3. The municipality stands in support with local Indigenous communities who have relied on
and have been stewards of the ocean since time immemorial.
MOTIONS FROM RECREATION & PARKS COMMITTEE
(OCTOBER 16, 2023) FOR APPROVAL OF COUNCIL
2023-466 APPROVAL OF SEPTEMBER 18, 2023 MINUTES
2023-467 SELECTION OF CHAIR
MOVED by Kevin Marczak, SECONDED by Brad Armstrong, that Suzanne Brown be Chair.
MOTION CARRIED.
2023-468 SELECTION OF VICE CHAIR
MOVED by Brad Armstrong, SECONDED by Ross Shatford, that Kevin Marczak be Vice-Chair.
MOTION CARRIED.
2023-469 APPROVAL OF RECREATION GRANTS
MOVED by Patricia Bates, SECONDED by Brad Armstrong, that the Recreation Committee
recommend to Council to approve $25,000 in Recreation Grants to the applications as per the
Committee’s recommendations (see attached list below). MOTION CARRIED. MOTION CARRIED.
2023-470 ADJOURNMENT
Lunenburg County Seniors’ Safety Program
Monthly Report –October 2023
prepared: November 06, 2023
The LCSSP is a free confidential community-based non-profit service that works
collaboratively with BPS, RCMP, and many community partners to help address the safety
concerns of older adults (55 years of age+), residing in Lunenburg County. Service is provided
through awareness campaigns, advocacy, community outreach projects, educational
programs, community presentations and one to one service.
LCSSP October highlights:
• Work continues with the research and development of Seniors’ Mental Wellness
toolkit. PowerPoint and brochure in last phases of development. Additional tools
include Lazy 8 breathing and Circle of Supports. Rack Card to be developed.
• Seniors’ Safety Academy Oct 12 -Nov 16/2023 at the OHC in Chester. Going well
with only 2 weeks left. Thank you to all the Presenters for sharing their knowledge
and time with us. Looking forward to holding another Academy in the spring with
an option to have a mini (3 week) series through the winter.
• October 4th presentation to RCMP new members at Chester Detachment on
Seniors Safety Program overview and collaboration.
• October 13th Presentation at NSCC to the CCA students on Elder Abuse.
• October 19th with CST Upshaw presentation at The Best Western on Safe Home
Visiting and LCSSP to the Western Regional Housing Authority.
• Collaborative Home Visits in October with Continuing Care Coordinator, BPS,
RCMP, SSODA and Western Housing Authority.
• Collaborative client specific meetings with Adult Protection, Western Housing
Authority, SSRH/NSHA, and SSODA.
Hard to believe we are drawing closer to the season… Secret Santa for Seniors
preparations are in the works….
Lunenburg County Seniors’ Safety Program
Monthly Report –October 2023
prepared: November 06, 2023
Referrals:
New Referrals: 12 Re Referrals: 3 Home/site Visits: 12 Active clients: 63
Closed files: 12
New Referrals Service Area in
Municipal Units (#’s have been
rounded either up/down)
%
MODC 14%
MODL 46.5%
Mahone Bay 6.5%
Lunenburg 6.5%
Bridgewater 26.5%
Referral Source:
Community Partner 14% Self/Family 46 % RCMP 20% BSP 20%
Areas of concern: Seniors’ Mental Health/Addictions, Safe Housing, Fraud/Scams,
Community resources/connections, Health Care (no primary care physician).
LCSSP Client Emergency Contingency Fund (CECF):
The CECF continues to serve the community in partnership with other organizations to
help mitigate risk for seniors experiencing financial hardship. The October 31, 2023 float
count balance is: $2,400.11. $146.55 Ambulance fee for client.
‘Thank you to all Lunenburg County Seniors’ Safety Program supporters.
We couldn’t do what we do without you.’
Save Our Old Forests (SOOF): Lunenburg County Presentation to
Municipality of the District of Chester Council November 16, 2023
SOOF began in Annapolis County and aims to establish groups throughout Nova
Scotia. It is an initiative by Arlington Forest Protection Society.
SOOF seeks to engage local communities in protecting old forests and calls on the
provincial government to pause all harvesting and roadbuilding activities in
forests over 80 years old on Crown land until 20 per cent of the province’s land
has been permanently protected. Though the Premier pledged to protect 20% of
forests by 2030 we are asking that all harvesting of forests over 80 years old to
cease until the 20% goal is met. Canada along with 185 countries have
committed to protecting 30% of lands and seas. Nova Scotia is currently at 14%
of forests protected and needs to add over 330,000 more hectares.
A paper petition supporting the SOOF request and specific to our County
circulated in June now has 700 signatures and will be tabled in the legislature by
Susan Corkum-Greek (MLA). An earlier petition by Bridgewater Watershed
Protection Alliance, also with 700 signatures, to have crown lands in the Petite
Riviere Watershed declared a Wilderness Area will be tabled in the legislature by
Becky Druhan (MLA).
Forests protect us by:
Filtering water
Cleaning air
Preventing erosion
Storing carbon
Acting as a sponge protecting us from fires and floods
Habitat for wildlife, microbes, plants
A TD Bank and Nature Conservancy of Canada report noted that the ecosystem
value3 provided by Canadian forests was $26,382 per ha/yr.
In 1958, 25% of our forests were over 80 years old. By 2003 that figure was
down to 1.5%. Lunenburg County ranks 15th among 18 counties in the amount of
forests protected. Only about 4% of our county forests are protected. It takes
150 years following a disturbance for an Acadien forest to develop a multiage
structure and reach maximum wood volume.
Supporting Organizations for Petite Riviere Crown Lands Wilderness Area Designation
submitted to Department of Environment by Bridgewater Watershed Protection
Alliance:
Canadian Parks and Wilderness Society Nova Scotia Chapter
Municipality of the District of Lunenburg
Town of Bridgewater
Public Service Commission of Bridgewater
Sierra Club Atlantic Canada Chapter
Healthy Forest Coalition
Nova Scotia Bird Society
Friends of Nature
Hike Nova Scotia
South Shore Chapter Council of Canadians
Eastern Shore Forest Watch Association
Extinction Rebellion Mi’kma’ki (Nova Scotia)
Family Service Association of Western Nova Scotia
St. Margaret's Bay Stewardship Association
Arlington Forest Protection Society
Helping Nature Heal
Hope for Wildlife
SOOF requests that council write a letter to the Premier, Department of Natural
Resources and Renewables, and Department of Environment and Climate Change
supporting SOOF’s request:
WHEREAS our Government has committed in law to protecting 20% of Nova
Scotia’s lands and waters by 2030 but is continuing to permit logging of old
forests of high conservation value on Crown land,
THEREFORE we call upon the Premier to pause all harvesting and roadbuilding
activities in forests over 80 years old on Crown land in Lunenburg County until
such time as 20% of Nova Scotia’s lands have been permanently protected.
Save Our Old Forests Lunenburg County
Forest Cover lost in Lunenburg county, mainly to clearcutting,
in 2001. Satellite imagery from Global Forest Watch.
Forest cover lost between 2001-2022
Protecting 20% of Nova Scotia by 2030
•The Environmental Goals and Climate Change
Reduction Act was passed by the Nova Scotia
Legislature in October 2021 .
It includes a commitment “to conserve at least
20% of the total land and water mass of the
Province by 2030 as protected areas and other
effective area-based conservation measures”.
So which forests
should we protect?
•Public Land Minamkeak Lake.
•Public Land with multiaged old forest and
mature old forest in Lunenburg County.
In 1958, 25% of Nova Scotia’s forests were over
80 years old. In 2003 that figure was 1.5%.
There are still areas of public land in Lunenburg county with pockets of
old forest or mixed aged/old forest. The public land in the designated
watershed of Bridgewater is one instance as are public lands north of
Chester and a few other areas in Lunenburg.
•Old forests are special. You can feel it. People need old forests on
public land.
•And they store more carbon
•They support more diverse forms of life
•They cleanse water and regulate its flow
•They are less flammable and more resilient
•Only 4% of Lunenburg County forests are protected.
•Lunenburg has lost over 13% of tree cover in the
past 20 years.
•Forests are the most reliable and best means of
carbon sequestration, protection against
biodiversity loss, and hope of meeting our climate
goals.
•We are not opposed to all forestry.
•We are opposed to logging forests that should be
protected.
S.O.O.F.’s Petition to the Premier
WHEREAS our Government has committed in law to protecting 20%
of Nova Scotia’s lands and waters by 2030 but is continuing to permit
logging of old forests of high conservation value on Crown land,
THEREFORE we, the undersigned residents of Nova Scotia, call
upon the Premier to pause all harvesting and roadbuilding activities in
forests over 80 years old on Crown land in Lunenburg County until
such time as 20% of Nova Scotia’s lands have been permanently
protected.
Hebb Lake
Hebb Lake
Minamkeak Lake
We ask that the
Warden make the
same request of
the Premier on
behalf of the
Municipality of the
District of Chester
Pam Myra (she/her) / . 7,
From: Garth Sturtevant
Sent: November 6, 2023 3:28 PM
To: Pam Myra (she/her)
Cc: lyndaflinn
Subject: Request to Address Council - Rezoning PID 60094497
Attachments: 2023-10-26_Concept 55 Old Trunk Road Chester PID 60094497) Flinn.pdf
Hi Pam,
Lynda Flinn (cc'd here) would like some time on an upcoming Agenda to discuss one of her properties with Council in
light of the Village Plan Review. The property, PID 60094497 borders Old Trunk 3 and Target Hill Road. Lynda would like
to discuss zoning options in the new documents that could allow her to develop the property. The attached image could
accompany the discussion.
Could you please confirm a date and time for Lynda to address Council? I would also appreciate being cc'd as I plan to
attend and be on hand for any questions Council may have.
Thank you!
Garth
GARTH STURTEVANT
Senior Planner
A Consider the environment. Do you really need to print this email?
Hydroponic Farm The Kiwi Cafe
We are proposing a vertical hydroponic farm on our property at 55 Old
Trunk 3 in Chester.
It will be entirely inside a purpose built insulated container,sitting on a
50 x 10 foot pad.
It is capable of growing a variety of leafy greens 365 days a year,the
equivalent of 2.5 acres worth of fresh produce regardless of the out side
climate.
We would like to provide a local year round source of greens for our
Chester restaurant s and pantry store.We will no longer need to source
greens from Mexico or Florida,with less food miles and a longer shelf
life this means a fresher and healthier product.
Localized food production can be an e ective way to reduce the
environmental impact of agriculture and promote healthier
communities.
Food grown locally travels significantly less from the farm to your fork,
eliminating unnecessary food miles.Additionally,urban farmers often
adopt more environmentally-friendly growing practices,using fewer
pesticides and chemical fertilizers.
The community benefit will ex tend to other restaurants,stores,markets,
schools and the local food bank as volumes increase.We will have an
opportunity for educational tours and engagement also.
Once in place it is virtually silent,emits no light pollution and has little to
no impact on the area around it.Har vesting and packaging is
completed inside the unit.Water use is minimal and recycled.
Farm Dimensions -40’x 8’x 9.5’
Annual Crop Output -2–6 tons
Equivalent Land Yield -2–4 acres annually
Power Usage -151–350 kWh/day (avg.)
Water Usage -5 gallons/day (avg.)
ro
2023-11-09
1
Quarterly Update
Community Development & Recreation
Planning
Village of Chester Plan Review
- Public Engagement
- “What We Heard Report”
Sawler Lake Rezone (Application Ultimately Withdrawn)
LUB Amendment: Small Option Homes
Twin Rivers Park: Development Agreement Started
Radiocommunication Facility Consultation (CRINS)
Bear Lake Wind Farm Project
Mahone Bay Files: Mahone Bay Plan Review
DA Discharge
DA Amendment
Subdivision Bylaw Review
1
2
2023-11-09
2
Subdivision
Final Approved Subdivision
(by District)23-Apr 23-May 23-Jun 23-Jul 23-Aug 23-Sep
District 1 2 1 4 0 3 0
District 2 0 0 0 1 1 0
District 3 0 0 0 2 0 0
District 4 0 2 2 0 2 1
District 5 1 1 3 0 0 0
District 6 1 3 1 0 0 0
District 7 1 0 1 0 0 0
TOTAL 5 7 11 3 6 1
*Mahone Bay 0 1 0 0 1 0 2
Subdivision Stats 2023
Quarterly Stats
Total
10
2
2
7
5
5
2
33
Development
Permits
Issued Development Permits
(by Work Type) 23-Apr 23-May 23-Jun 23-Jul 23-Aug 23-Sep Total
Addition 7 11 5 7 8 3 41
Construction 4 24 13 12 4 16 73
New Use 1 0 0 1 2 2 6
Relocate 0 2 0 0 0 1 3
Renovate 0 0 0 0 0 0 0
Repair 1 0 0 0 0 2 3
TOTAL 13 37 18 20 14 24 126
*Mahone Bay 2 2 6 7 2 7 26
2 nd Quarter Development Stats 2023
Quarterly Stats
3
4
2023-11-09
3
Building
Permit Classifications 2022/23 - MOC 2023/24 - MOC
Building Permits Issued
Residential 79 87
Commercial 7 3
TOTAL 86 90
Total Inspections 348 305
New Starts
Residential 30 40
Commercial 0 1
TOTAL 30 41
Demolition Permits
Residential 4 6
Commercial 0 0
TOTAL 4 6
Occupancy Permits
Residential 42 24
Commercial 3 2
TOTAL 45 26
Renewal Permits
Residential 2 2
Commercial 0 0
TOTAL 0 2
Construction Value 2nd Quarter 2nd Quaarter
Residential 15,724,896$ 13,199,880$
Commercial 545,000$ 4,344,000$
TOTAL 16,269,896$ 17,543,880$
Animal Control
Type of Complaint April - Septmeber
2023/24
Found Dog 1
Barking Dog 0
Dog at large 19
Minor Dog Incident 4
Major Dog Incident 3
Domestic Animal 11
Lost Dog 7
Other 5
Action Taken By Officer
Found 0
Returned to Owner 3
Kenneled 6
Re-Homed 2
Euthanized 0
None Required 38
Ref to MODC 6
Enforcement Action
Left Card 0
Phone Call 4
Verbal Warning 6
Signed Undertaking 2
SOT/FINE 0
Site Visit 28
None Requried 11
Animals Kenneled
Dog Tag Required 0
Number of Dogs 3
5
6
2023-11-09
4
Fire Inspection
•First Day Sept 18th and
appointed Sept 28th
•Updating Files
•Clean-up and reorganize
old files
•Compile list of outstanding
inspections and re-
inspections
Liqour License
Inspections
Compliance Letters
IssuedConsult's
Re-
Inspections
New
Inspections
April
May
June
July
August
015September
16291October
November
December
January
February
March
163141TOTALS
Liqour License
Inspections
Compliance Letters
IssuedConsult's
Re-
Inspections
New
Inspections
April
May
June
July
August
2September
681October
November
December
January
February
March
06281TOTALS
CH
E
S
T
E
R
Ma
h
o
n
e
B
a
y
Bylaw Enforcement /
Solid Waste Inspection
•First Day Sept 11th
•Updating Files
•Follow-up on outstanding files
•Connect with property owners of
active unsightly files
Community Drop Offs
7
8
2023-11-09
5
Recreation & Parks Metrics
April 1, 2023 to September 30, 2023
Bandstand Bookings 29
Community Group Photocopy Jobs 103
Equipment Bookings 55
Programs Offered 165
Registered Program Participants 863
Total Customers in ActiveNet 8138
Wind Turbine Campsite 1
Youth Sponsorship Applications 5
Leadership Grant 6
Picnic In The Park: 11 Concerts - Weekly Average 150
New Program: Men’s Shed
Recreation & Parks Services
FHCSNew RossCDSCAMSACES
4612521201051163April
382193591072166May
32620447729165June
26310361430July
2521691470August
3051405354953September
19899082943691547TOTAL
Community School Visits
Total Community School Visits 7429
9
10
2023-11-09
6
Diamond Devilz Motorcycle Club Donation
April to September
Applications
2022-23 90
2023-24 110
PRO Kids Golf Tournament
Chester Golf Club: October 14th
$10,000 Raised!
Community Sign Program:
300 Signs Distributed
Community
Playboxes:
7 Locations
11
12
2023-11-09
7
Summer Trail Crew
Dave Swinimer & Mackenzie Muise
CPRA Youth Employment
Experience Funding $10,000
July 21, 2023 Flood: Trail Destruction
13
14
2023-11-09
8
Trail
Repairs
Thank You!
Questions?
15
16
1
Pam Myra (she/her)
From:Garth Sturtevant
Sent:October 25, 2023 9:05 AM
To:Abdella Assaff; Allen Webber; Andre Veinotte; Derek Wells; Emily Lennox (she/her); Erin
Lowe (she/her); Floyd Shatford; Pam Myra (she/her); Sharon Church; Tara Maguire; Tina
Connors (she/her)
Subject:FW: Notification of Environmental Assessment (EA) Registration - Bear Lake Wind Farm
Sending this along for information, please see below.
GARTH STURTEVANT
Senior Planner
902-275-4135
Consider the environment. Do you really need to print this email?
From: Thomas Wheat <thomas.wheat@everwindfuels.com> On Behalf Of Trent Vichie
Sent: Tuesday, October 24, 2023 6:41 PM
To: Allen Webber <awebber@chester.ca>; Sharon Church <schurch@chester.ca>; Tara Maguire
<tmaguire@chester.ca>; Planning <planning@chester.ca>
Cc: terrypaul@membertou.ca; kelseamacneil@membertou.ca; Adam Langer <Adam.Langer@everwindfuels.com>;
Daniel Lee <Daniel.Lee@everwindfuels.com>
Subject: Notification of Environmental Assessment (EA) Registration - Bear Lake Wind Farm
** EXTERNAL EMAIL **
Please do not open attachments or click links from an unknown or suspicious origin.
Dear Chester Councilors,
I hope this email finds you well. We are pleased to inform you that, today, we have filed our Environmental Assessment
(EA) Registration Document for the proposed Bear Lake Wind Project with Nova Scotia Environment and Climate
Change. The Bear Lake Wind Project is a partnership between Wind Strength, a Membertou Company, and EverWind
Fuels (EverWind).
You may view the Project EA documentation at https://novascotia.ca/nse/ea/bear-lake-wind-power/.
We value your insights and want to keep you informed about the project's progress as it holds substantial benefits for
the community. Some of the key community benefits of this project include:
1. Clean Energy Generation: The wind project, with a capacity of 89 MW, will generate a significant amount of clean,
renewable energy, contributing to our region's sustainability goals and reducing greenhouse gas emissions.
2. Local Job Opportunities: During construction and operations, the project will create employment opportunities for
local residents, thereby stimulating economic growth in the area. We anticipate 150-250 construction jobs and 6-12
permanent and part time jobs through operations.
3. Infrastructure Investment: The development includes investments in local infrastructure, such as roads and utilities,
to improve the quality of life for residents.
2
4. Community Investment: We are committed to investing in the local community by contributing to an electricity
subsidy fund, a community vibrancy fund and a bursary program which will all be managed by a local committee to
enhance the overall well-being of the residents.
5. Tax Revenue: The project is designed to contribute approximately $730,000 a year and $31 million over the project
life to Municipal tax revenue, with additional corporate tax to be paid. There will also be private and crown land lease
and royalty payments.
Additional Information:
If you or any members of the Chester Councillors would like to access further details about the Bear Lake Wind Project
development or the Environmental Assessment, you can find comprehensive information on our dedicated project
website www.bearlakewind.com.
We welcome your input, feedback, and any questions you may have regarding the project. Please feel free to reach out
to myself, my team at info@bearlakewind.com or adam.langer@everwindfuels.com, if you wish to discuss any aspect of
the project or require additional information. We believe that constructive dialogue with the community and its
representatives is crucial in ensuring that the Bear Lake Wind Project aligns with the best interests of the community.
Thank you for your time and attention to this matter. We believe that this project represents a positive step towards a
more sustainable and prosperous future for our communities and Nova Scotia.
Sincerely,
Chief Terry Paul
Chief and CEO, Membertou
Trent Vichie
CEO EverWind Fuels
OCEAN i0
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October 11, 2023
Nova Scotia Federation of Municipalities
Suite 1304, 1809 Barrington Street
Halifax, NS 133J 31<8
Attention: Mayor Brenda Chisholm -Beaton, President, Nova Scotia Federation of Municipalities (NSFM)
Email: bchisholmbeaton@townofph.ca
Subject: Urgent Need for Advocacy to Improve Rural Cell Phone Coverage for Emergency Preparedness
Dear Mayor Chisholm -Beaton,
I am writing to you with an urgent and critical concern that necessitates immediate action; the lack of
reliable cell phone coverage in rural parts of Nova Scotia. Recent events, such as wildfires, floods, and
hurricanes, have emphasized the imperative need for robust communication networks in these areas.
While natural disasters have always posed a risk, the increasing frequency and severity of these events
make it even more essential for our rural communities to have dependable cell phone coverage. In times of
emergencies, many residents do not receive timely alerts or information due to the inadequate or non-
existent cell phone signal, endangering lives, and properties. Communication is a vital lifeline that can make
all the difference in these perilous situations.
The recent initiative in Toronto. where all subway riders will have cellphone service from October 3rd,
underscores the vital importance of connectivity for public safety and economic prosperity. Spearheaded by
the Federal Minister of Innovation, Science and Industry, Francois -Philippe Champagne, this move responds
to concerns over restricted connectivity, ensuring that riders can promptly access emergency services and
maintain consistent communication for both personal and business needs. If such measures can be
executed in urban centers like Toronto, it becomes imperative for the government to address similar
concerns in rural communities, such as the Municipality of Shelburne. In emergencies like the recent fires,
several residents couldn't receive crucial evacuation alerts due to absent cell coverage. Just as Toronto's
subway riders are safe guarded with mandated service provisions, residents of rural communities deserve
the same commitment to their safety and well-being.
Warren MacLeod, CAO Penny Smith, Warden
Warren. MacLeod@municipalitvofshelburne.ca www.municipalityofshelburne.ca warden@municipaliWofshelburne.co
As you are aware, reliable cell phone coverage is not merely a matter of convenience but a critical
infrastructure need that impacts the well-being and safety of our residents. Not only does this affect
individual households, but it also hampers the efforts of emergency responders who rely on clear lines of
communication to coordinate rescue and relief activities.
I urge you, in your capacity as the President of the Nova Scotia Federation of Municipalities, to prioritize
and intensify your advocacy towards both the Provincial and Federal Governments through your Public
Safety Advisory Committee or possibly creating a dedicated committee on the issue. While it is understood
that there are multiple challenges and budget constraints to be managed, the well-being and safety of the
citizens should always be paramount.
Moreover, improved cellular infrastructure would not only enhance safety but also contribute to the
economic and social development of these rural areas. This long-term investment would benefit our
communities in multiple ways; making it a "win -win" situation for all stakeholders involved.
Thank you for your attention to this vital issue. Together, we can forge a stronger and safer Nova Scotia for
everyone.
Sincerely,
Warden Penny Smith Warden Eddie Nickerson
Municipality of Shelburne Municipality of Barrington
Mayor Cory Nickerson
Town of Lockeport
Mayor Harald Locke
Town of Shelburne
Tim Houston, Premier
Rick Perkins, MP — South Shore — St. Margarets
Nolan Young, MLA — Shelburne
Juanita Spencer, NSFM - Chief Executive Officer
Ellen Desmond, CRTC — Commissioner Atlantic Region & Nunavut
Paul Mason, NSEMO — Executive Director
All Nova Scotia Municipalities
Mayor Rex Stoddard
Town of Clark's Harbour
REQUEST FOR DECISION
REPORT TO: Municipal Council
MEETING DATE: Thursday, November 16, 2023
DEPARTMENT: Community Development & Recreation Dept.
SUBJECT: New Road Name Assignment
ORIGIN: New Private Road Name Request
Date: 2023-11-07 Prepared by: Sylvia Dixon, Development & Planning Technician
Date: 2023-11-07 Reviewed by: Chad Haughn, Director of CD&R
Date: 2023-11-09 Authorized by: Erin Lowe, Deputy CAO
RECOMMENDED MOTION
It is recommended that Municipal Council approve the proposed private road names Parker Ridge Drive and
Layton Lane.
CURRENT SITUATION
Two private rights-of-way accessed off of Goat Lake Rd in the community of East Chester (map attached) that
will provide access for a future development of three or more addressable structures requires a name. The
landowners have proposed the road names of Parker Ridge Drive and Layton Lane.
BACKGROUND
When there are three or more addressable structures using an unnamed shared right-of-way/driveway, the
Nova Scotia Civic Address Users Guide states that this point of access must be named. According to Municipal
Policy P-44, the road name is suggested following a majority agreement (66%) from the landowners that are
served by the shared right-of-way. In this instance, the property owner has proposed the following road names:
Parker Ridge Dr as the first choice, Parker Ridge Rd as the second choice, and Parker Ridge Ln as the third choice
for the first road. The property owner has also proposed the following road names: Layton Dr as the first choice,
Layton Ln as the second choice, and Layton Rd as the third choice for the second road. The proposed names
were suggested by a majority of the property owners, representing 100% of the properties.
DISCUSSION
Parker Ridge Drive would be a unique road name in the Municipality of Chester and Nova Scotia. It is of note
that the proposed new road name is similar to the following:
- Parkers Lane, Bush Island, Municipality of the District of Lunenburg, Lunenburg County
- Parker Rd, Kingsport, Municipality of the County of Kings, Kings County
- Parker Dr, Digby, Town of Digby, Digby County
Comments received for Parker Ridge Drive:
- District 1 Councillor – Councillor Andre Veinotte: no objection with the proposed names
- Municipal Engineer – Fred Whynot: no objection with the proposed name of Parker Ridge Drive
- Chester Area Fire Dept. – Fire Chief: no objection with the proposed names
R e q u e s t f o r D e c i s i o n P a g e | 2
The proposed road names of Layton Drive and Layton Road would be unique road names in the Municipality of
Chester, but not unique names in Nova Scotia. While Layton Lane would be a unique road name in the
Municipality of Chester and Nova Scotia. It is of note that the proposed new road names are similar to the
following:
- Layton Drive, Howie Centre, Cape Breton Regional Municipality, Cape Breton County
- Layton Road, Halifax, Halifax Regional Municipality, Halifax County
- Layton Street, Kentville, Town of Kentville, Kings County
- Layton Street, Parrsboro, Municipality of the County of Cumberland, Cumberland County
- Clayton Drive, Fox Point, Municipality of the District of Chester, Lunenburg County
Comments received for Layton Lane:
- District 1 Councillor – Councillor Andre Veinotte: no objection with the proposed names
- Municipal Engineer – Fred Whynot: no objection with the proposed names
- Chester Area Fire Dept. – Fire Chief: no objection with the proposed names
OPTIONS
1. Municipal Council can approve the road names Parker Ridge Drive and Layton Lane.
2. Municipal Council can decide not to approve the names and direct staff to assign names of Council’s
choosing.
IMPLICATIONS
By-Law/Policy
Policy P-44 – New Road Names and Road Name Changes.
Financial/budgetary
A new road sign (with accessory materials) will be purchased and posted by the Infrastructure & Operations
Department.
Environmental
N/A
Strategic Priorities
N/A
Work Program Implications
N/A
Has Legal review been completed? N/A
COMMUNICATIONS (INTERNAL/EXTERNAL)
N/A
R e q u e s t f o r D e c i s i o n P a g e | 3
ATTACHMENTS
1. Petition Received
2. Location Map
^_
38
104
124
86
122
72
92
150
Highway 3
GoatLakeRd
P
o
orFarmRd
Rev.:Date:Description:
0
MUNICIPALITY OF THEDISTRICT OF CHESTER
From Date: N/ATo Date: N/ADate Printed: 23/11/06
®
Legend
^_New Civic Address
Civic Address
Road
Driveway/Trail
Building Footprint
Property Boundary*
Affected Area
50 0 5025
Metres
23/11/06
Digital Folders Entry ID:1401442
Status: ExistsProject ID: N/AClassification #: N/A
Representation of Municipality of Chester within Nova ScotiaScale: 1:12,500,000
Scale: 1:2,500
New Private RoadName Requirement
New Private Road Naming
Sources:Digital Base Map Data from Service Nova Scotia andMunicipal Relations
Prepared by the Municipality of the District of Chester
Coordinate System/Datum: UTM NAD83 CSRS ZONE20N
Map Disclaimer:Information shown on these drawings is compiledfrom numerous sources and may not be complete oraccurate. The Municipality of the District of Chester isnot responsible for any errors, omissions ordeficiencies in these drawings. Date printed does notreflect date ofdata.
Actual Map Size: w 11" x h 8.5"
Community:East ChesterFire Dept:Chester Area Fire Dept.Description:New private road name requiredfor access to future development with three ormore civic addresses.Subdivision Reference No.: CM-S2023-027Building Permit Reference No.: CM-B2023-236
* Property boundaries shown in location mapdo not yet reflect the lots created withsubdivision #CM-S2023-027
New Private RoadName Proposed (1):Parker Ridge Drive
New Private RoadName Proposed (2):Layton Lane
REQUEST FOR DECISION
REPORT TO: Council
MEETING DATE: November 16, 2023
DEPARTMENT: Infrastructure and Operations
SUBJECT: NS Community Solar Program
ORIGIN: Strategic Priority Areas: Environmental
Stewardship & Economic Development
Date: October 25, 2023 Prepared by: Jonathan Meakin, Manager, Sustainability & Asset Management
Christa Rafuse, Director of Solid Waste
Olivia Corkum, Economic Development Officer
Date: October 27, 2023 Reviewed by: Matthew Blair, Director of Infrastructure and Operations
Date: November 8, 2023 Authorized by: Erin Lowe, Deputy Chief Administrative Officer
RECOMMENDED MOTION
That Council authorize a preliminary study by SolarBank and TriMac Engineering to investigate
potential sites at Kaizer Meadow Industrial Park for the development of a possible project under the
Nova Scotia Community Solar Program.
CURRENT SITUATION
On October 4, 2023, staff met with SolarBank and Trimac Engineering to discuss an opportunity for a
potential renewable energy partnership through the Nova Scotia Community Solar Program (CSP), a
provincial government initiative currently still in development.
The CSP provides an opportunity for stakeholders to partner in, and align with, provincial government
commitments in the Environmental Goals and Climate Change Reduction Act to achieve GHG emissions
reduction targets of at least 53% below 2005 emission levels by 2030 and net zero emissions by 2050.
The province’s latest Annual Progress Report on the Environmental Goals and Climate Change
Reduction Act and Nova Scotia’s Climate Change Plan (July 2023) includes, in addition to actions on
GHG emissions reduction, goals and actions to ‘seize opportunities’ for clean, sustainable investment
by the province directly and its stakeholders.
SolarBank’s proposed preliminary study will help assess whether potential sites at the Kaizer Meadows
Industrial Park is a viable opportunity for the Municipality in advancing its own economic development
and environmental sustainability priorities through the CSP.
The outcome of this proposed study does not constitute a commitment to advancing a solar energy
project. Instead, the study will result in a detailed proposal for a possible project under the Nova Scotia
Community Solar Program pending Council’s subsequent review and discussion of the proposal.
R e q u e s t f o r D e c i s i o n P a g e | 2
BACKGROUND
WHAT IS A COMMUNITY SOLAR GARDEN?
A community solar garden (also known as ‘shared solar’) is a type of solar photovoltaic (PV) system
that shares electricity with participating subscribers. These solar projects are ideal for those who want
to generate and/or access solar energy, but for whom solar panels at or on their home is not feasible.
NOVA SCOTIA COMMUNITY SOLAR PROGRAM
The goal of the Community Solar Program is to encourage the use of, and investment in, renewable
energy in Nova Scotia, and to therefore advance the goals of the Environmental Goals and Climate
Change Reduction Act. The CSP will complement the province’s other solar programs, the Net-Metering
program and Green Choice Program.
Through the CSP, eligible project owners (which includes municipalities and for-profit businesses,
among others) can apply to the program to build, own, and operate a community solar garden with a
project capacity between 0.5MW AC and 10MW AC.
The capacity of individual proposed solar projects will be assessed and determined through a range of
criteria, including engineering design reports and NSPI’s assessments.
Application Process
The CSP will launch by the end of 2023 or early in 2024. Applications to the CSP will be through a rolling
intake until the 100 MW AC total program capacity has been allocated. Given this ‘first come, first
served’ application process, SolarBank aims to have project submissions with its project partners
prepared in advance for early submission once the program opens.
Power Purchase Agreement (PPA) and Energy Rate
If an application is successful, the Minister of Natural Resources and Renewables will determine the
Energy Rate at which NSPI must purchase the electricity from the project based on a set of criteria that
include the following:
proposed Energy Rate in proponent’s program application
long-term economic viability of your project
community benefits of the proposed project
impact (if any) the proposed project has on rate payers
It is anticipated that electricity sold to NSPI through a Power Purchase Agreement (PPA) for 25 years
under the Community Solar Program would be at a fixed rate for the term of that agreement.
Subscriptions
Project owners will be required to engage and retain subscribers. Any existing customer of NSPI can be
a subscriber. Community solar gardens are expected to be fully subscribed by a specified date after the
project commences commercial operation. Details regarding the subscriber application process and
the minimum number of subscribers for a project will be available once the CSP launches.
R e q u e s t f o r D e c i s i o n P a g e | 3
In summary:
Project owners can apply to build a community solar garden between 1MW to 10MW.
Project owners construct, generate, and operate the community solar garden. (Note the
options outlined in SolarBank’s partnership structures.)
Generated solar energy is sold to Nova Scotia Power Incorporated (NSPI) under a twenty-five
year term Power Purchase Agreement (PPA).
NSPI sells the solar energy to subscribers.
Project owners continue to engage subscribers and provide support with subscription
management.
POTENTIAL PROJECT PARTNERS
SolarBank
Developer, engineer, and asset operator in net-zero carbon emissions
Specializes in behind-the-meter solar power plants, grid-connected community solar gardens,
battery storage systems, and EV chargers
Particular focus on “build and manage” and “build and own” renewable energy projects
Provides full scope of activity on renewable energy projects – from policy & financial analysis,
development, financing, delivery, and on-going operation
Trimac Engineering
Local mechanical and electrical engineering firm with offices in Halifax and Sydney
Engineering consulting and project management services in industrial, institutional, and
commercial sectors
Along with Abundant Solar Energy Inc, will be instrumental in the preparation of the CSP
proposal at KM Industrial Park
DISCUSSION
If Council authorizes SolarBank to investigate the viability of a potential solar project for Kaizer
Meadow Industrial Park, SolarBank and Trimac Engineering would bring a detailed proposal to Council
for discussion and decision whether or not to submit an application to NS Community Solar Program.
In addition to developing a proposal that addresses CSP requirements and outcomes, SolarBank will
outline three possible partnership structures for a potential project. If Council wishes, SolarBank could
also include in their proposal which partnership structure, in their assessment, would be most viable,
but the Municipality would still need to conduct its own assessment of risk and returns on the different
structures of ownership and operation.
R e q u e s t f o r D e c i s i o n P a g e | 4
Those partnership structures are as follows:
1. Fee-for-Service
MODC would be the sole owner of the PV system and would contract SolarBank for development,
permitting, engineering, procurement, and construction of the PV system, as well as ongoing
operations & maintenance for the lifecycle of the asset. MODC would own all the electricity
produced for sale through the Community Solar Program.
2. Lease or Land Purchase
SolarBank would own the PV system and lease or purchase land from the MODC. SolarBank would
be responsible for all investment and ongoing operations & maintenance and would own all the
electricity produced for sale through the Community Solar Program.
3. Joint Venture
SolarBank and MODC would be co-owners of the PV system and share all costs and returns.
SolarBank and its partners would still provide the expertise for development, permitting,
engineering, procurement, construction, and ongoing operations & maintenance of the PV system,
but share the costs and returns with MODC.
There is no cost to the Municipality for SolarBank and Trimac Engineering to develop a detailed
community solar garden project for Council’s consideration.
NEXT STEPS
If Council authorizes SolarBank to proceed with the development of the detailed proposal for a
community solar garden site (or sites) at Kaizer Meadow Industrial Park, the next step would include:
SolarBank and Trimac develop a detailed proposal for the Municipality’s review
If Council then decides to proceed with SolarBank’s proposal, the next steps would be:
Development and signing of Agreement between MODC, SolarBank, and Trimac
Completion of detailed engineering study for Community Solar Program submission
Submission of complete proposal to the Community Solar Program
OPTIONS
Option A – Direct staff to support SolarBank and Trimac Engineering in their development of a detailed
project proposal for submission to the Nova Scotia Community Solar Program.
Option B – Decline the invitation from SolarBank and Trimac Engineering to develop a detailed project
proposal for submission to the Nova Scotia Community Solar Program.
R e q u e s t f o r D e c i s i o n P a g e | 5
IMPLICATIONS
By-Law/Policy
Not applicable.
Financial/budgetary
There is no financial commitment required SolarBank’s & Trimac Engineering’s proposal development.
Environmental
Not applicable at this stage.
Strategic Priorities
Participation in a renewable energy project will assist the Municipality in advancing the following Priority
Outcomes of the 2021-24 Strategic Priorities Framework:
Priority Outcomes: Economic Development
1.- Partner in the development of infrastructure and opportunities for business development and attraction
Priority Outcomes: Environmental Stewardship
2.- Explore options for integrating green energy and sustainable technologies in municipal infrastructure and
program delivery.
3.- Support environmental conservation & protection initiatives and efforts to tackle the impact of climate
change.
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.- Develop and implement evidence-based plans for future infrastructure and service needs, along with related
funding models, to accommodate sustainable growth and levels of service.
2.- Create efficiencies through innovative service delivery, and proactive maintenance and operations of existing
infrastructure.
Work Program Implications
None at this time.
Has Legal review been completed? ___ Yes _ _ No _X_ N/A
COMMUNICATIONS (INTERNAL/EXTERNAL)
No communication needs are anticipated at this stage of the project.
ATTACHMENTS
N/A
REQUEST FOR DECISION
REPORT TO: Municipal Council
MEETING DATE: November 16, 2023
DEPARTMENT: CD&R/Finance
SUBJECT: Private Street Maintenance Petition
ORIGIN: Sherwood Forest Owners Association
Date: October 31, 2023 Prepared by: Sylvia Dixon, Development & Planning Technician
Date: November 6, 2023 Reviewed by: Tim Topping, Director of Finance
Date: November 9, 2023 Authorized by: Erin Lowe, Deputy CAO
RECOMMENDED MOTION
It is recommended that the Municipal Council accept the Sherwood Forest Lot Owners Association petition
package for private street improvement and direct finance staff to implement a special tax for the affected
accounts to take effect in the upcoming fiscal year.
CURRENT SITUATION
The Sherwood Forest Lot Owners Association requests that the Municipality collect street improvement fees on
behalf of their association. The Sherwood Forest Lot Owners Association is registered with the Nova Scotia
Registry of Joint Stock Companies under the Societies Act (Registry ID 1289542). The association has submitted
supporting documentation found in the attachment of this report.
BACKGROUND
Jo Marchand, a member of the Sherwood Forest Lot Owners Association, has requested that the Municipality
collect street improvement fees on behalf of their association. These fees will be used for year-round
maintenance for the improved access for the property owners and emergency services. Jo Marchand has
submitted an improvement budget for 2024/25 of $11,275 to be calculated by the “Per Lot” method as
described in the Private Street Improvement & Maintenance By-Law.
A petition has been circulated to determine if support exists to implement this fee, collected by the Municipality
of Chester as a special tax, to cover the maintenance. Based on the signed and returned petitions, sufficient
support has been received to proceed. The Sherwood Forest Lot Owners Association has requested that the four
properties owned by Gilbert Falkenham & Sons Ltd., the subdivision developer, (60419074, 60419116,
60419082, 60419090) are to be excluded from the street improvement fee, as they are considered
undevelopable lots by the Association and these properties have been exempt from the Association’s road dues
in the past. As per the Private Street Improvement & Maintenance By-law, 67% of property owners, who also
represent 67% of the land in the affected area (see attached map) must provide positive responses to the
petition. Excluding the Falkenham & Sons Ltd. owned properties there are forty-two (42) properties within the
affected area along the Sherwood Forest Road. Thirty-one (31) properties have had positive responses, which
represents 73.8% of the total affected properties. These properties represent 82.9% of the affected area.
Staff are satisfied that the required support has been proven by the signed petitions and that these owners
represent the required percentage of land within the affected area. A summary spreadsheet of the affected
properties can be found below.
R e q u e s t f o r D e c i s i o n P a g e | 2
Owner(s) PID AAN Signed Petition
Aaron Douglas James Mason & Ashley Dawn Constance Mason 60146081 00195243 YES
Amy Richard 60146073 04911237 YES
Anna Awalt & Pasquale Marcattili, Davido Camillo Marcattili 60146115 01857215 YES
Brenda Jane Daugherty & Cece Lynn Reinhardt 60145984 00410594 YES
Brian Paul Terry & Wendy Grace Terry 60146131 01544586 YES
Brian, Trina, & Brandon David, Rep 60589637 03808378 NO
Calvin Douglas Webber 60146214 04581253 NO
Christopher Trent Martel & Norma Jean Martel 60146263 04081447 NO
Colin Douglas Graham & Rhonda Stephanie Graham 60146172 01559478 YES
Corbin Allison 60408127 09477551 NO
Corbin Allison 60408119 09477543 NO
Deborah Anne Bishop & Stephen Larry Bishop 60146107 00527181 YES
Deborah C. Cutler & Kevin J. Cutler 60145968 00754315 YES
Donald Vernon Pamenter & Florence Linda Pamenter 60145950 04395409 YES
Donald Wade Caldwell & Janet M Caldwell 60146057 00839663 YES
Donna Lee Mceachren & James Cecil Mceachren 60146297 05172063 YES
Donna Lee Mceachren & James Cecil Mceachren 60146180 05172071 YES
Douglas Edward Morash 60146206 03298655 YES
Dwight & Deborah Snair 60146156 04356071 YES
Gwendolyn Mary Cadue & Michael James Cadue 60146099 04756789 YES
James Alasdair Fraser & Laurie Jane Fraser 60146008 04516109 YES
Jeannine Duchesne 60146016 00977586 YES
Jo A. Marchand 60146024 00294381 YES
John Gregory Shiers 60146040 04289773 YES
Joy Elizabeth Macpherson 60146032 00722278 YES
Kevin Lloyd Green & Nancy June Green 60146230 01272985 YES
Kevin Lloyd Green & Nancy June Green 60146248 01273019 YES
Marco Angelucci & Rebecca Angelucci 60146198 03966275 NO
Marco Angelucci & Rebecca Angelucci 60145927 01697544 NO
Morgan Parsons 60146271 00455156 NO
Nickalas Spencer Douglas & Matthew Lee Bulger 60408143 09183655 NO
Norma J Cuthbertson 60146149 01047442 YES
Peter Charles Shortt 60146255 01295616 YES
Peter Maddalena & Susan Maddalena 60145992 03111628 YES
Richard Andrew Koekman & Linda Mae Tumblin 60146065 02329603 YES
Robert Trueman Betts & Goldie May Betts 60145943 01433911 YES
Ronald Frederick Archibald & Vicki Christina Schnare 60146222 00385352 YES
Ronald Frederick Archibald & Vicki Christina Schnare 60419108 09183647 YES
Shana Elaine Miller 60146123 03840727 NO
Susan & Randall Dagley 60146289 01272993 YES
Theresa Ann Clemens & Dayle Oneil, & David Henry Threadgold 60145976 01351222 YES
Tyler James Snair 60146164 00195197 NO
Gilbert Falkenham and Sons Ltd 60419074 Exempt from road fees
Gilbert Falkenham and Sons Ltd 60419116 Exempt from road fees
Gilbert Falkenham and Sons Ltd 60419082 Exempt from road fees
Gilbert Falkenham and Sons Ltd 60419090 Exempt from road fees
DISCUSSION
The criteria required within the Private Street Improvement & Maintenance By-law #72 submitted by the
Sherwood Forest Lot Owners Association can be found in the attachments for review and consideration by
Council. At this time, staff recommend that Council accept the signed petitions and direct Finance Staff to
implement the street maintenance fee requested by the Sherwood Forest Lot Owners Association.
R e q u e s t f o r D e c i s i o n P a g e | 3
OPTIONS
1. Municipal Council can approve the request and accept the petition package for private street
maintenance and direct finance staff to implement a special tax for the affected accounts.
2. Municipal Council can decide not to approve the request. Collection of fees to maintain the private
street will remain solely with the private landowners.
3. Municipal Council can defer making a decision and require additional criteria or information.
IMPLICATIONS
By-Law/Policy
Private Street Improvement and Maintenance By -Law No. 72.
Financial/budgetary
As noted in the section 4 of the Private Street Improvement & Maintenance By-law #72, the total amount of the
special tax levied by the Municipality under this By-Law shall not exceed the cost of the street improvements
and/or maintenance plus interest and an administration charge of five percent (5%).
Jo Marchand has submitted a maintenance budget for 2024/25 of $11,275 to be calculated by the “Per Lot”
method as described in the Private Street Improvement & Maintenance By-Law. A copy of the budget can be
found below.
Environmental
N/A
Strategic Priorities
The private road maintenance area rate fees will assist the Municipality in advancing the following Priority
Outcomes of the 2021-24 Strategic Priorities Framework:
R e q u e s t f o r D e c i s i o n P a g e | 4
Priority Outcomes: Infrastructure & Service Delivery
1. Develop and implement evidence-based plans for future infrastructure and service needs, along with related
funding models, to accommodate sustainable growth and levels of service.
2. Create efficiencies through innovative service delivery, and proactive maintenance and operations of existing
infrastructure.
Work Program Implications
N/A
Has Legal review been completed? ___ Yes _ x_ No __N/A
COMMUNICATIONS (INTERNAL/EXTERNAL)
N/A.
ATTACHMENTS
1. Location map
2. Sherwood Forest Lot Owners Association Certificate of Incorporation with Registry of Joint Stock
Companies (Registry ID 1289542)
3. Sherwood Forest Lot Owners Association annual general meeting minutes
4. Form A and petitions signed by property owners
5. Private Street Improvement & Maintenance By-law #72
Municipality of the District of Chester
Private Street
Improvement and
Maintenance By -Law
By -Law No. 72
Effective Date: September 14, 2022
Private Street Improvement and Maintenance By -Law #72 (continued) Page 2 of 12
MUNICIPALITY OF THE DISTRICT OF CHESTER
PRIVATE STREET IMPROVEMENT AND MAINTENANCE BY-LAW
BY-LAW # 72
This By -Law shall be known as the "PRIVATE STREET IMPROVEMENT AND MAINTENANCE BY-LAW"
In this By -Law, unless the context otherwise indicates:
2.1. "Cost" means the amount of money paid or payable in respect of the street "improvement
and/or maintenance."
2.2. "Improvement" means laying out, opening, constructing, upgrading, and improving.
2.3. "Maintenance" means repairing and maintaining.
2.4. "Municipality" means the Municipality of the District of Chester.
2.5. "Owner" includes part owner, joint owner, tenant -in -common orjoint tenant of the whole
or part of any real property fronting on a street or situate within an affected area and also
includes any trustee, executor guardian, agent or other person having the care or control of
such real property in the case of absence or disability of the person having the title thereto
provided that for the purpose of calculating the percentage of owners in Section 3(1) real
property with more than one owner shall be counted as having one owner. An Owner is
entitled to one vote for each individual property parcel they own within the Defined Area.
In the case where an individual property has more than one Owner, all Owners must agree
on the single response. If all Owners are not in agreement, it will be deemed that the
Owner's response is negative.
2.6. "Special Tax" means a tax in respect of the street improvement and/or maintenance based
on a per lot basis, a frontage basis, per owner or an area rate based on $100.00 of
assessment, as requested in the petition.
2.7. "Street" means any private street, roadway, highway or travelled way, or portion thereof,
situate in the Municipality but does not include any unopened or undeveloped street unless
specifically included in the Plan attached to Form "A" of the Petition of the owners.
2.8. "Association" means a body corporate incorporated under the Societies Act which
represents the owners within the affected area.
Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218)
First Reading— Council — May 26, 2022 (2022-227)
Second Reading — Council — September 8, 2022 (2022-352)
Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin)
Private Street Improvement and Maintenance By -Law #72 (continued) Page 3 of 12
3.
2.9. "Affected Area" means that area within which the owner shall be liable for the special tax
levied pursuant to this By -Law, and which is shown on the Plan attached to Form "A" of the
Petition of the owners and shall include any subdivision shown therein.
2.10. "Interest" means that rate of interest charged to the Municipality from time to time on the
money borrowed for the improvements which the Municipality shall be entitled to recover
from the owners as part of the special tax.
2.11. "Approved purpose" means those purposes for which a Municipality is authorized to
expend money pursuant to the Municipal Government Act.
2.12. "Applicant" means the Association referenced in section 2.8 and which has the right itself,
or on behalf of the Owners, to maintain the Street.
2.13. "Dwelling" means a residential unit as identified by the Property Valuation Services
Corporation filed roll.
3.1 Where sixty-seven (67%) of the owners of real property owning at least sixty-seven (67 %)
of the real property within an affected area petition in person or by agent the Municipality
for an improvement and/or maintenance of a street, for an approved purpose which may
be within or outside the affected area or both, the Municipality may make such
improvements, and/or provide for such maintenance if it determines that such
improvement and/or maintenance carries out an approved purpose and if so shall be
entitled to recover all of the cost of such improvements or maintenance by levying a special
tax upon the owners of real property within the affected area as provided by in this bylaw
and such tax shall be recoverable from each owner by the Municipality by a per foot of lot
frontage basis, or by a per lot basis or by a per owner basis or by an area rate of so much
per $100.00 of assessed value of real property within the affected area as requested in the
petition which is generally to be in the form as shown on Form "A" attached. The owner of
a lot which fronts on more than one street within the affected area, shall pay based on only
one (1) boundary of their property, that being the longest boundary that fronts on a street
and only this boundary will be considered when calculating the total frontage within the
affected area and in calculating the percentage of frontage that the owner owns.
a) In the case of recovery of the cost of the street improvement by area rate,
based on so much per $100.00 of assessed value of the real property, in the
affected area as shown in the petition in Form "A", such area rate shall be
struck by Municipal Council from year to year for a period not to exceed ten
Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218)
First Reading— Council — May 26, 2022 (2022-227)
Second Reading — Council — September 8, 2022 (2022-352)
Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin)
Private Street Improvement and Maintenance By -Law #72 (continued) Page 4 of 12
10) years and shall cover all the projected costs including interest, to the
Municipality for that year for such street improvement.
b) In the case of recovery of the cost of the street maintenance by area rate,
based on so much per $100.00 of assessed value of the real property, in the
affected area as shown in the petition in Form "A", such area rate shall be
struck by Municipal Council from year to year for the year for which
maintenance is sought as provided for herein.
3.2 In the case of recovery of the cost of the street improvement and/or maintenance on a per
lot basis and unless otherwise proved defined in this By-law, lot shall mean each individual
developed lot, approved building lot or lot capable of being approved in its existing
condition for development purposes and any land not capable of being developed, shall not
be considered a lot for the purpose of this By -Law until such time as it is.
3.3 In the case of recovery of the cost of street improvement and/or maintenance on a per
owner basis, multiple owners of the same real property shall be considered as one owner.
For this paragraph, an owner of real property shall be defined as an owner of an area of
land that forms one contiguous parcel of land upon which no more than one dwelling unit is
constructed and contains at least one lot as defined in paragraph 3(2). If an owner has
more than one parcel of land within the affected area separated by intervening property
owners, then that owner shall be assessed individually for each separate parcel of land
provided that each parcel has at least one lot as defined in paragraph 3(2). Further, if any
parcel of land has more than one dwelling unit constructed upon it, then that owner shall
be assessed individually for each dwelling unit.
3.4 Every petition for a street improvement and/or maintenance shall be in Form "A" of this By -
Law, or similar thereto, and shall clearly state the locality in which the improvement and/or
maintenance is requested, the approved purpose for which the maintenance and/or
improvement requested and together with the following information shall be presented for
approval to the Council of the Municipality.
a) A Plan showing the streets outlined in red, which the Petitioners are desirous of
having improved and or maintained and within the affected area, the names of the
owners, length and width of the roadways and the frontage of each owner if the
method of levying this special tax is on a frontage basis.
b) In the case of a street improvement an estimate of the cost of the desired
improvement along with the names of the persons or Association who shall be
responsible for having the improvement carried out.
Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218)
First Reading — Council — May 26, 2022 (2022-227)
Second Reading — Council — September 8, 2022 (2022-352)
Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin)
Private Street Improvement and Maintenance By -Law #72 (continued) Page 5 of 12
c) In the case of a street maintenance an estimated yearly maintenance budget along
with the name of the Association which shall be responsible on a yearly basis for
preparing and submitting for approval to the Municipality, a budget for that year's
street maintenance. The budget as submitted shall be verified by the Executive of
the Association as having been passed by a majority of the members of the
Association in attendance at a duly called meeting for that purpose at which a
quorum was present.
3.5 In the event of a dispute between an owner and the Municipality as to any measurements
or area of real property referred to in this By -Law, the owner shall be responsible to retain
at their expense a surveyor in good standing of the Association of Nova Scotia Land
Surveyors who shall certify as to the measurements or area or real property to the Council
for the Municipality of the District of Chester.
3.6 That notice of the petition for street improvement and/or maintenance shall be sent by
registered mail to each owner within the affected area who has not signed the petition
including the owner of the street, if known, at the address shown on the assessment rolls
and proof of the sending of this notice shall accompany every petition presented to the
Municipality but it shall not be necessary to prove actual receipt of notice.
4 The total amount of the special tax levied by the Municipality under this By -Law shall not exceed
the cost of the street improvements and/or maintenance to the Municipality plus interest and an
administration charge of five percent (5%).
5.1 The special tax levied under this By -Law is a lien on the whole of the property of each
owner for that owner's share of the capital improvement and/or maintenance with the
same effect as rates and taxes under the Assessment Act and each owner shall be liable for
a portion of the total cost of the street improvement and/or maintenance and an
administration charge equal to:
a) In the case of property fronting on a street the ratio that the lot frontage of each
owner bears to the total frontage in the affected area.
b) Within the affected area equal to the ratio that each lot bears to the total number of
such properties situate in the affected area or
c) An area rate of so much per $100.00 of assessed value of the property within the
affected area as shown in the petition on Form "A",
Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218)
First Reading — Council — May 26, 2022 (2022-227)
Second Reading — Council — September 8, 2022 (2022-352)
Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin)
Private Street Improvement and Maintenance By -Law #72 (continued) Page 6 of 12
5.3
7.
d) In the case of a per owner basis, an equal amount assessed to each owner of a parcel
of land as defined in paragraph 3.3 within the affected area as requested in the
petition.
5.2 Notwithstanding the provisions of this By -Law, the Municipality may, upon request, exempt
from assessment any owners within an affected area whose property abuts and has access
to a public highway or do not use or have access to the street upon which improvements
and/or maintenance are being sought but subject to the provision that the Municipality
may later assess those exempted owners if it appears to it that they are then using the
improved streets.
a) In the case of a street improvement, the special tax levied pursuant to this By -Law,
shall cover a period not exceeding ten (10) years and should cover all projected costs
including interest to the Municipality for each year for such street improvement.
b) In the case of street maintenance, special tax levied pursuant to this By -Law shall
cover the amount approved by the Municipality pursuant to the budget submitted to
the Municipality including all costs together with interest to the Municipality for that
year for the street maintenance.
5.4 Notwithstanding paragraph 5.3 an owner subject to this special tax levied with respect to a
street improvement, may elect to pay their share of the capital cost in a lump sum as
calculated pursuant to this By -Law, and upon payment thereof that property shall bear no
further responsibility for the balance of the cost of the street improvement.
The special tax levied under this By -Law is collectible in the same manner as rates and taxes under
the Assessment Act and by the same proceedings as are rates and taxes under the Assessment
Act.
7.1 Regarding a street improvement, the lien provided for in this By -Law shall become effective
on the date on which the Clerk of the Municipality signs and files at the Municipal Office, a
Certificate stating the total costs of the street improvement and the amount of the special
tax to be levied on each owner.
7.2 With regard to street maintenance, the lien provided for in this By -Law shall become
effective on the date on which the Clerk of the Municipality signs and files with the
Municipality a Certificate with a statement that the affected area is subject to an annual
Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218)
First Reading — Council — May 26, 2022 (2022-227)
Second Reading — Council — September 8, 2022 (2022-352)
Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin)
Private Street Improvement and Maintenance By -Law #72 (continued) Page 7 of 12
10.
special tax for street maintenance in an amount set annually by Municipal Council as
provided for in this By -Law and shall remain effective from year to year until terminated
pursuant to this By -Law.
The Clerk of the Municipality shall keep a separate record of all monies due for the improvement
and/or maintenance of streets, which records shall contain:
8.1 The names of the owner of a property liable for the special tax and the name of the
improvement and/or maintenance with respect to which the taxes arose.
8.2 The amount of frontage each owner or the number of properties as the case may require.
8.3 The amount of the special tax levied on each owner with particulars of the amounts due or
owing.
The Clerk of the Municipality shall notify the owner of each property within the affected area
upon the filing of the Certificate referred to in Section 7. Attached to such notice shall be a copy
of the Certificate.
10.1 The amount payable in respect to the special tax for street improvement by each owner of
real property within an affected area may be paid in equal annual instalments together with
interest over a period not exceeding ten (10) years.
10.2 Each instalment and each succeeding instalment in respect of the tax imposed by this By -
Law shall be due on the same date as the Municipality, by resolution, requires a payment of
rates and taxes and in the event of default of payment of any instalment the whole balance
with interest becomes due and payable.
10.3 The tax imposed by this By -Law shall bear interest at the rate imposed by Municipal Council
by resolution for overdue taxes as an additional charge for non-payment of rates and taxes.
10.4 The amount payable in respect of the tax by each owner of real property within the
affected area, may at the option of that owner be paid in one lump sum on or before the
31st day in the fiscal year in which the cost has been incurred or at any other time over the
ten (10) year period.
11. The special tax imposed pursuant to this By -Law for a street improvement and/or maintenance
may be terminated at any time by the Association filing with the Municipality a certified copy of a
Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218)
First Reading — Council — May 26, 2022 (2022-227)
Second Reading — Council — September 8, 2022 (2022-352)
Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin)
Private Street Improvement and Maintenance By -Law #72 (continued) Page 8 of 12
Special Resolution of the Association passed at a duly constituted meeting at which a quorum was
present called for that purpose requesting the Municipality to do so or by the Municipality at its
own discretion, if there has been non-compliance by the Association with the provisions of this
By -Law. In either case, upon the Clerk filing a Certificate with the Municipality that all monies
payable pursuant to this special tax have been collected, then this By -Law shall thenceforth have
no further force or effect within the affected area.
Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218)
First Reading — Council — May 26, 2022 (2022-227)
Second Reading — Council — September 8, 2022 (2022-352)
Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin)
Private Street Improvement and Maintenance By -Law #72 (continued) Page 9 of 12
APPENDIX "A"
FORM "A"
PETITION FOR STREET IMPROVEMENT & MAINTENANCE
To the Municipal Council of the Municipality of the District of Chester:
The undersigned are sixty-seven percent of the owners at in the
Municipality.
1) Owning sixty-seven percent of the real property fronting on the street or portion of the street the
Municipality of the District of Chester, as hereinafter described
2) Owning sixty-seven percent of the real property which includes more than fifty percent of the real
property fronting on a street situate in the subdivision in the Municipality of the District of
Chester hereinafter described:
i. as the street(s) or portion thereof known as
ii. in the area situated at as shown on the attached plan.
Each of the owners, whose signature appears below, respectively propose that the Municipal Council
accept this as a petition in compliance with section 3 of the Private Street Improvement and
Maintenance By -Law.
The improvements and/or maintenance is required for the following approved purpose:
The nature of the improvement required is:
The nature of the maintenance required is:
Each of the owners, whose signature appears below, pray that they be levied for a portion of the tax in
respect of the street improvement and/or maintenance or both as indicated above on:
i. a per foot of frontage basis
ii. a per lot basis
iii. a per owner basis
iv. an area rate based on assessment.
The name of the responsible person or association representing the owners is:
Name and Contact Information
Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218)
First Reading — Council — May 26, 2022 (2022-227)
Second Reading — Council — September 8, 2022 (2022-352)
Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin)
Private Street Improvement and Maintenance By -Law #72 (continued) Page 10 of 12
NAMES AND SIGNATURES OF PROPERTY OWNERS:
NAME SIGNATURE
Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218)
First Reading — Council — May 26, 2022 (2022-227)
Second Reading — Council — September 8, 2022 (2022-352)
Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin)
Private Street Improvement and Maintenance By -Law #72 (continued) Page 11 of 12
Annotation for Official By -Law Book
May 19, 2022 - Committee of the Whole
Notice of Intention to Amend
2022-218)
Date of First Reading May 26, 2022 - Council
2022-227)
Date of advertisement of Notice of Intent to August 24, 2022
Consider LighthouseNOW Progress Bulletin
September 8, 2022 — Council
Date of Second Reading
2022-352)
September 14, 2022
Date of advertisement of passage of By -Law
LighthouseNOW Progress Bulletin
Date of mailing to Minister a certified copy of By-
Law
October 27, 2022
Effective Date September 14, 2022
1 certify that the Private Street Improvement and Maintenance By -Law #72 was amended by
Council and published as indicated above
October 27, 2022
Pamela M. Myra, unicipal Clerk Date
Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218)
First Reading— Council — May 26, 2022 (2022-227)
Second Reading — Council — September 8, 2022 (2022-352)
Effective Date — September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin)
Private Street Improvement and Maintenance By -Law #72 (continued) Page 12 of 12
MUNICIPALITY OF THE DISTRICT OF CHESTER
4..-,.. NOTICE
CHESTEI2
BY-LAW AMENDMENT
PRIVATE STREET IMPROVEMENT & MAINTENANCE BY-LAW NO. 72
Take Notice that Chester Municipal Council conducted Second/Final Reading for
consideration of an amendment the following By -Law on September 8, 2022, as
follows:
By -Law Amendment to By -Law
Private Street The amendment will reduce the administration fee from 10%
Improvement & to 5%, clarify the definitions of "owner" and "applicant" to
Maintenance improve clarity and reduce ambiguity, update references to
By -Law No. 72 the Municipal Government Act, update wording to be gender
neutral, add a definition for "dwelling", and correct grammar
and punctuation.
I, Pamela M. Myra, Municipal Clerk of the Municipality
of the District of Chester do hereby certify that the
above is a true copy of an advertisement duly
advertised in the Lighthouse NOW Progress Bulletin
edition on September 14, 2022.
Given under the hand of the Municipal Clerk and under
the corporate seal of the said Municipality this 27th day
of October, 2022.
Pamela M. Myra
Municipal Clerk
Notice of Intention to Amend —Committee of the WholetN[ay.19',*2022 (2022-218)
First Reading —Council —May 26, 2022 (2022-227)
Second Reading —Council —September 8, 2022 (2022-352)
Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin)
261340330297305344
315 301325335
347351356
361365376
371377 3135
153
3305133241262245272278247294249253279275267310
383
350 3211
55
57
302
Highway14
D ynasty Crt
She rwoodForestRd
Rev.:Date:Description:
0 Location Map
MUNICIPALITY OF THEDISTRICT OF CHESTER
Sherwood Forest Rd,Sherwood
Date Printed: 23/10/31
Civic Number
Affected Road
Road
Property Boundary
Waterbody
Affected Area
Gilbert Falkenham &Sons Ltd owned property
23/10/31
Digital Folders Entry ID:1289818
Representation of Chester Municipality within Nova ScotiaScale: 1:12,500,000
Sources:Digital Base Map Data from Service Nova Scotia andMunicipal Relations
Prepared by the Municipality of the District of Chester
Coordinate System/Datum: UTM NAD83 CSRSZONE 20N
Map Disclaimer:Information shown on these drawings is compiled fromnumerous sources and may not be complete oraccurate. The Municipality of the District of Chester isnot responsible for any errors, omissions or deficienciesin these drawings.
Actual Map Size: w 11" x h 8.5"
Scale: 1:10,000
¯150 0 15075
Metres
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NAMES AND SIGNATURES OF PROPERTY OWNERS:
NAME PID CIVICADDRESS SIGNATURE Do you agree?
Yes/No
Please circle)
Aaron Douglas James Mason & 60146081
Yes / NoAshleyDawnConstanceMason3117 'ofe.f
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Amy Richard 60146073
Yes / No
Anna Await & Pasquale 60146115
Marcattili, Davido Camillo Yes / No
Marcattili
Brenda lane Daugherty & Cece 60145984
Lynn Reinhardt Yes / No
Brian Paul Terry &Wendy Grace 60146131
Terry
Vey / No
Brian, Trina, & Brandon David, 60589637
Rep
Yes / No
Calvin Douglas Webber 60146214
Yes / No
hristopher Trent Martel & 60146263
forma Jean Martel
Olin Douglas Graham &Rhonda 60146172
Yes No
ephanie Graham
Yes / No
Page 2 of 6
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REQUEST FOR DECISION
Date: November 7, 2023 Prepared by: Fred Whynot, P. Eng., Director of Public Works
Date: November 7, 2023 Reviewed by: Matthew Blair, Director of Infrastructure and Operations
Date: November 10, 2023 Authorized by: Erin Lowe, Deputy CAO
RECOMMENDED MOTION
Motion #1: That Council reject the bids received for the Otter Point WWTP upgrade.
Motion #2: That Council approve the project management of the Otter Point WWTP Upgrade with in-house
resources.
BACKGROUND
The Otter Point WWTP currently needs upgrading to meet current regulations for the existing wastewater
service area. On January 12, 2023, Council approved that ABLE Engineering Inc. (ABLE) could proceed with the
detailed design and tendering of the Otter Point WWTP upgrade – Phase 1 (with diesel generator back up power
vs solar back up power) with the decision to award the construction contract being brought back to Council for
final decision. ABLE provided a construction estimate of $1,057,500, including our portion of HST for Phase 1
which would increase the WWTP capacity to 40,000 l/day from the current 34,000 l/day. This will allow for
connection of the remaining lots within the existing wastewater area. Phase 2 will accommodate an additional
40,000 l/day on the same site when future conditions warrant, currently estimated at $205,500 including our
HST.
CURRENT SITUATION
Two bids were received on October 19, 2023:
Contractor Value (Including our portion of HST)
Dexter Construction Company Limited $2,485,500.38
Mid-Valley Construction (1997) Limited $2,939,770.20
DISCUSSION
The lowest bid is $1,428,000 over budget, 2.35 times the original budget which is $1,057,500 including our
portion of HST. Considering these unexpected, tendered costs, we recommend that both bids be rejected.
As we still need to meet current regulations as required by the Nova Scotia Department of Environment and
Climate Change, the upgrade of the WWTP is still required. Staff propose to manage the project with in-house
resources in the following manner to reduce upgrade costs to try and meet the original budget:
REPORT TO: Council
MEETING DATE: November 16, 2023
DEPARTMENT: Public Works
SUBJECT: Otter Point WWTP Upgrades
ORIGIN: Council, January 12, 2023
R e q u e s t f o r D e c i s i o n P a g e | 2
Meet with the design engineers, ABLE, to review the proposed construction plans and determine what
modifications could be possible to reduce costs and still meet current regulations;
Have ABLE set construction stakes, elevation control, etc. in the field for future construction, including
limits of construction;
Allow our Heavy Equipment contractor to construct portions of the WWTP upgrade as per our current
contracted rates and as directed in the field by Staff/ABLE under Staff direction;
Staff will use our septic services contractor for sludge removal as required;
The upgrade was designed recommending Waterloo Biofilter technology, which is familiar to Staff as this
is the technology used at the Mill Cove WWTP. We recommend direct purchase (including supply) of
this equipment by the Municipality;
Breaking down the construction of remaining items and equipment supply into small tender packages as
per our procurement policy, managed by Staff with ABLE as a resource as needed;
Staff management of the above with a budget of $1,057,000 over two fiscal years with regular
budgetary updates presented to Council for review and direction. Any additional budget requirements
will be taken to Council for consideration.
OPTIONS
Option 1 – Reject the tender bids and allow the project management and construction of the WWTP upgrade as
detailed above with in-house resources.
Option 2 – Award the construction of the WWTP upgrade to the lowest bidder.
IMPLICATIONS
Applicable By-Laws
N/A
Financial/budgetary
$1.057 M over two years.
Environmental
An environmentally compliant WWTP.
Work Program Implications/Impacts
Increased staff time for project management. There may be some impacts to other projects, however, it is
believed that the potential cost savings for in house project management would outweigh these concerns. This
proposed project management strategy may prove valuable for other similar projects once completed and
analyzed objectively.
Strategic Priorities
The Otter Point WWTP upgrades align with the following Priority Outcomes of the 2021-24 Strategic Priorities
Framework:
Priority Outcomes: Economic Development
1. Partner in development of infrastructure and opportunities for business development and attraction.
R e q u e s t f o r D e c i s i o n P a g e | 3
2. Position the Municipality as Nova Scotia’s south shore community of choice for residents, and as an
international tourism destination.
Priority Outcomes: Environmental Stewardship
1. Explore options for integrating green energy and sustainable technologies in municipal infrastructure
and program delivery.
2. Support environmental conservation & protection initiatives and efforts to tackle the impact of climate
change.
Priority Outcomes: Governance & Engagement
1. Ensure municipal service delivery is efficient and effective, communicated, and accessible.
Priority Outcomes: Healthy & Vibrant Communities
1. Ensure residents have access to facilities, natural assets, programs, and services that enrich the quality
of life and provide safe communities for residents and visitors alike.
Priority Outcomes: Infrastructure & Service Delivery
1. Develop and implement evidence-based plans for future infrastructure and service needs, along with
related funding models, to accommodate sustainable growth and levels of service.
2. Create efficiencies through innovative service delivery, and proactive maintenance and operations of
existing infrastructure.
Has Legal review been completed? ___ Yes _ _ No _X_ N/A
COMMUNICATIONS (INTERNAL/EXTERNAL)
No communication needs are anticipated at this stage.