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Home My Public Portal About2021-03-25_Council_Websiste Agenda Package_UPDATED 2021-03-24 Page 1 of 2 of Agenda Cover Page(s) MUNICIPAL COUNCIL AGENDA Thursday, March 25, 2021 Via Facebook Live 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) 4. MINUTES OF PREVIOUS MEETING 4.1 Council – March 11, 2021. 5. COMMITTEE REPORTS 5.1 Committee of the Whole (recommendations for approval) – March 18, 2021 – Warden Webber. 5.2 Committee of the Whole (receive minutes) – March 4, 2021 – Warden Webber. 5.3 Any Other Committee Meetings. 6. PUBLIC PRESENTATIONS 6.1 Dawn Harwood-Jones and Lorraine Burch – Growing Friends Program (appointment time at 9:15 a.m.). 6.2 Carol Nauss, Heritage Society – Annual Update (9:50 a.m.). 7. MATTERS ARISING: 7.1 1st Reading – Amendment to By-Law No. 74 Tax Exemption for Charitable, Non-Profit Organizations, Municipal Water Utilities and Licensed Day Cares to add Chester Garden Club to Schedule B. 7.2 1st Notice – Amendment to Policy P-09 Remuneration of Warden, Deputy Warden, and Councillors (Cost of Living Adjustment as per Policy). 7.3 Request for Decision prepared March 19, 2021 – Corporate and Strategic Management – Chester Village Fire Contract Extension. 7.4 Request for Decision – Memorandum of Understanding for shared Accessibility position (material to be circulated next week). Page 2 of 2 7.5 Request for Decision prepared March 15, 2021 – Infrastructure and Operations - Aspotogan Heritage Wharf. 8. CORRESPONDENCE 8.1 Copy of letter from Town of Mahone Bay to Premier Ranking regarding Accessibility Action Plans and financial support (along with copy of letter sent to the Premier from the Municipality of Chester). 9. NEW BUSINESS 9.1 District Council Grants: a) District 2 - Aspotogan Arts and Crafts - $500. b) District 2 - Fox Point Mill Cove Beach Committee - $1,200. c) District 4 – Forest Heights Community School - $1,300. d) District 6 – New Ross Consolidated School - $400. e) District 6 – New Ross Regional Development Society - $1,000. f) District 6 – New Ross Trails Society - $1,900. 9.2 Request for Decision prepared March 18, 2021 – Corporate and Strategic Management – Fire Services Registration 2020/21. 10. IN CAMERA 11. ADJOURNMENT APPOINTMENTS VIA ZOOM 9:15 a.m. Dawn Harwood-Jones and Lorraine Burch – Growing Friends Program (Item 6.1). 9:50 a.m. Carol Nauss, Heritage Society – Annual Update (Item 6.2). 95 MUNICIPALITY OF THE DISTRICT OF CHESTER Minutes of COUNCIL MEETING Via Facebook Live from 151 King Street, Chester, NS On Thursday, March 11, 2021 MEETING CALLED TO ORDER Warden Webber called the meeting to order at 8:50 a.m. Present: District 1 – Councillor Veinotte District 2 – Deputy Warden Shatford District 3 – Councillor Barkhouse District 4 – Warden Webber District 5 – Councillor Assaff District 6 – Councillor Connors District 7 – Councillor Church Staff: Dan McDougall, CAO Tara Maguire, Deputy CAO Pamela Myra, Municipal Clerk Jennifer Webber, Communications Officer Chad Haughn, Director of Community Development and Recreation Solicitor: Samuel Lamey, Municipal Solicitor APPROVAL OF AGENDA/ORDER OF BUSINESS Amendments:  Councillor Connors - Discussion on next steps following the Strategic Planning Workshop. 2021-114 MOVED by Councillor Barkhouse, SECONDED by Councillor Church the agenda and order of business for the March 11, 2021 Council meeting be approved as amended. ALL IN FAVOUR. MOTION CARRIED. PUBLIC INPUT SESSION No public input received. MINUTES OF PREVIOUS MEETINGS 4.1 Council – February 25, 2021. Council (continued) March 11, 2021 96 2021-115 MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse the minutes of the February 25, 2021 Council meeting be approved as circulated. ALL IN FAVOUR. MOTION CARRIED. 4.2 Public Hearing of Council – February 25, 2021. 2021-116 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church the minutes of the February 25, 2021 Public Hearing of Council meeting be approved as circulated. ALL IN FAVOUR. MOTION CARRIED. COMMITTEE REPORTS 5.1 Committee of the Whole (recommendations for approval) – March 4, 2021 – Warden Webber. Councillor Connors requested that Motions 2021-110 and 2021-112 be separated for review/approval. 2021-117 MOVED by Councillor Assaff, SECONDED by Councillor Barkhouse the recommendations of the March 4, 2021 Committee of the Whole be approved as follows: 2021-107 – “… approve an expenditure not exceeding $46,500 (estimated cost plus 10% contingency), funded from the current year’s revenue, and direct staff to award the Gold River Bridge Inspection/Assessment Project to ABLE Engineering Services Ltd.” 2021-108 – “… direct staff to submit an application to the Canada Healthy Communities Initiative fund for washroom facilities as outlined in the March 1, 2021 Request for Decision regarding Canada Healthy Communities Initiative funding at a 50% request, with an increase in budget for solutions to $20,000 for enviro-toilets and an increase to $65,000 for the Wild Rose Park washroom facility.” 2021-109 – “… authorize staff to execute the funding agreement and thus authorize the $128,300 contribution towards the Develop Nova Scotia/Bell Phase 2 projects in the Municipality of Chester, pending legal review of Bell Canada’s draft Agreement.” 2021-111 – “… approve an expenditure not exceeding $136,000 to complete the repairs of both Barry’s Brook Bridge #1 and Barry’s Brook Bridge #2 and direct staff to bring forward an updated Request for Quotation for the repairs of the bridges.” Council (continued) March 11, 2021 97 ALL IN FAVOUR. MOTION CARRIED. 2021-118 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that motion 2021-110 from the March 4, 2021 Committee of the Whole meeting be approved as follows: 2021-110 – “… accept the recommendations of staff as outlined in the Request for Decision prepared December 11, 2021 with the addition of Bayswater Beach and Fox Point Back Road and Councillors as stakeholders for a Traffic Study/Improvement Plan.” SIX IN FAVOUR. ONE OPPOSED. MOTION CARRIED. 2021-119 MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that motion 2021-112 from the March 4, 2021 Committee of the Whole meeting be approved as follows: 2021-112 – “… staff be directed to provide a report outlining the impact on grants (Council, Tourism, Recreation, Major Grants) if the Council District Grants were increased to $10,000 from $5,000 for each district.” DISCUSSION: Councillor Veinotte indicated that at the March 4, 2021 Committee of the Whole meeting both he and Councillor Connors voted Not in Favour; staff was directed to correct the minutes to indicate those two opposed votes. NO VOTE ON MOTION. 2021-120 MOVED by Councillor Barkhouse, SECONDED by Councillor Church that motion 2021-112 from the March 4, 2021 Committee of the Whole meeting be approved as follows and that the Minutes be amended to indicate five Councillors voted in favour and two Councillors voted not in favour of the recommendation: 2021-112 – “… staff be directed to provide a report outlining the impact on grants (Council, Tourism, Recreation, Major Grants) if the Council District Grants were increased to $10,000 from $5,000 for each district.” DISCUSSION: Warden Webber indicated that the intent was to move the recommendation along and that the minutes would reflect the correction that two Councillors were opposed to the recommendation from March 4, 2021 Committee of the Whole. ALL IN FAVOUR. MOTION CARRIED. Council (continued) March 11, 2021 98 MATTERS ARISING 7.1 Barry’s Brook Trail Bridges Repairs (referred from Committee of the Whole Meeting on March 3, 2021). Greg Jonah, Engineering Technologist, was present in the room to review the information in the Request for Quotations regarding insurance requirements. 2021-121 MOVED by Councillor Church, SECONDED by Councillor Barkhouse that staff be directed to amend the Request for Quotation for the Barry’s Brook Trail Bridges repairs to maintain a $5,000,000 million insurance requirement and in Section 22.1 increase the Liquidated Damages of $500 per day to $1,000 per day. DISCUSSION  Councillor Veinotte suggested that consideration be given regarding the Liquidated Damages amount, particularly if points are awarded in scoring so that if a delay takes place after points are awarded, then there is a consequence.  The Mover and Seconder of the motion agreed to increase the Liquidated Damages from $500 to $1,000 per day. ALL IN FAVOUR. MOTION CARRIED. 7.2 Watercourse Setback Relief Options – Staff Report #1 – Garth Sturtevant, Senior Planner. Garth Sturtevant, Senior Planner, attended the meeting via Zoom and outlined the options/ amendments to provide relief options to the watercourse setbacks as outlined in the Staff Report. Discussion was held regarding the options and enforcement. 2021-122 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that Council approve Option 4 – direct staff to maintain existing regulations and make no changes to the Lakefront Overlay and Watercourses, Water Bodies and Wetlands setbacks. DISCUSSION  Councillor Veinotte indicated that in his daily work he deals with these types of problems and although there have not been an overwhelming number of instances, there will be issues at some time, and he referred to one instance where the mapping was incorrect. He also disagreed with the philosophy on new lots as those should be reviewed during the subdivision process. He felt it would be a shame for Council not to deal with these outlying lots and recognize they exist and not wait until someone is in a difficult situation. Council (continued) March 11, 2021 99  Councillor Assaff indicated the instance was in his district and he indicated that Option 2 would be what he would support – it gives some flexibility. FOUR IN FAVOUR. THREE OPPOSED. MOTION CARRIED. PUBLIC PRESENTATIONS 6.1 Correspondence dated February 22, 2021 from Robin McAdam, Sherbrooke Forest Homeowner’s Association, request for a new zoning classification for Sherbrooke Forest specific to lakeside communities (increasing zoning regulations and environmental protections) (appointment time at 9:15 a.m.). Robin McAdam, Hugh Harper, and Sandra Millett were in attendance via Zoom indicating that they are in support of a request for a change in zoning. Mr. McAdam outlined the concern for Sherbrooke Lake and recent algae blooms, a water quality advisory from the Department of Environment, presence of bacteria, and other effects on the lake that are detrimental. He suggested there was a three prong strategy to deal with this – Council will hear two of those from the Water Quality Advisory Committee and the third line of defense is zoning protection and that is the request from the group – to have Council consider a change in zoning to address the concerns. Discussion was held regarding the lack of zoning in the Municipality of the District of Lunenburg on the remainder of the lake, concern for the environment and public health, support from forest operators in the area, The Senior Planner indicated that staff is working on the staff report and noted that the report will come to Council late March or early April. Warden Webber directed staff to advise Mr. McAdam when the report will be on the agenda and thanked Mr. McAdam for his presentation. 6.2 Lunenburg County Seniors’ Safety Partnership Society Presentation – Chris Acomb, Seniors’ Safety Coordinator (appointment time at 9:45 a.m.). Present in the meeting via Zoom were Chris Acomb, Carol Hipwell, Staff Sgt. Paul Coughlin, and Penny Carver. The group outlined the benefits of the Lunenburg County Seniors’ Safety Partnership and the work being done for seniors throughout the County. They also noted the various organizations that they partner with to provide the support. Of note were impacts on the senior population during the COVID-19 pandemic. The services they provide to seniors are varied from assistance Council (continued) March 11, 2021 100 to get in touch with services to supporting them to live safely in their homes. Often when they receive a referral it is one issue, but the needs go much deeper. Ms. Carver outlined the funding and noted that the request from Council remains the same amount of $6,086, however they are requesting an increase from the Province. Chris Acomb also outlined their current initiative, providing Mama Bears and masks/face shields and activity kits. Councillor Connors acknowledged the time and effort the organization puts in for seniors and encouraged everyone to carry the message back to seniors who may need this service. Warden Webber thanked the group for their presentation. A ten-minute break was held. CORRESPONDENCE 8.1 Correspondence dated February 25, 2021 from Donna Thomson, Permit Coordinator, from Pride Signs regarding request for an amendment to the sign by-law regarding Tim Horton’s located at 3811 Highway 3, Chester. Garth Sturtevant, Senior Planner, was present via Zoom and outlined the request noting that a change would require an amendment to the Village Land Use By-Law and potentially the planning strategy. He asked if Council wished to deal with the matter now or wait until during the Village Plan Review which is currently underway. Councillor Barkhouse indicated that she would like to see the matter dealt with now. 2021-123 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that Council direct staff refer the matter to the Chester Village Planning Advisory and have staff prepare a report on the request from Pride Signs regarding an amendment to the sign by-law (regarding Tim Horton’s located at 3811 Highway 3). ALL IN FAVOUR. MOTION CARRIED. 8.2 Correspondence dated February 17, 2021 to Warden Webber from NS Firefighters Benevolent Fund requesting financial assistance. Deputy Warden Shatford indicated that at this time the Municipality is providing funding for firefighters to be covered by Workers Compensation. It was agreed to forward an application to the NS Firefighters Benevolent Fund in order that they can apply for a Council Grant. Council (continued) March 11, 2021 101 8.3 Correspondence dated February 1, 2021 from Lieutenant Governor The Honourable Arthur J. LeBlanc regarding recognition of the Municipality and presentation of Community Spirit Plaque in recognition of community spirit and resilience during the COVID-19 Pandemic. Dan McDougal, CAO read the plaque provided which is four languages – French, Mi’kmaq, Gaelic, and English. NEW BUSINESS 9.1 Request for Decision prepared March 1, 2021 – Community Development and Recreation – Three Telecommunication Tower Reports prepared by Canadian Radiocommunications Information and Notification Service (CRINS): a. Request for Decision document. b. Schedule A – New Ross. c. Schedule B – Chester Grant. d. Schedule C – Windsor Road. Garth Sturtevant, Senior Planner, attended the meeting via Zoom and provided a summary for Council on the reports from CRINS for towers located at three locations. The analysis would have been undertaken on the impact the towers would have on the surrounding landscape. Staff recommended in favour of the CRINS reports. 2021-124 MOVED by Councillor Veinotte, SECONDED by Councillor Assaff that Council receive the reports from by Canadian Radiocommunications Information and Notification Service (CRINS) and issue the notice of completion for the towers located at New Ross (CRINS#1907-0509-1202), Chester Grant (CRINS#1907-3111-4314), and Windsor Road (CRINS# 1907-3114-3004). ALL IN FAVOUR. MOTION CARRIED. Councillor Connors indicated that there had been a fourth tower and she has checked with the immediate homeowners and they have not received any information from CRINS. She would be interested in knowing where this tower is within the consultation phase. Chad Haughn, Director of Community Development and Recreation indicated that there was a fourth tower location and, like the other three, the Municipality provided the info to CRINS and it his understanding that report is on its way soon. He indicated that CRINS undertakes all the consultation so once the report is received, that can be determined. 9.2 District Grant Request District 2 – Aspotogan Heritage Trust (& Through the Years Daycare) - $1,200 for installation of a shared streetlight to enhance safety and security. Council (continued) March 11, 2021 102 2021-125 MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse the District Grant for District 2 Aspotogan Heritage Trust (and Through the Years Daycare) for funding for a streetlight be approved in the amount of $1,200. ALL IN FAVOUR. MOTION CARRIED. 9.3 Request for Decision prepared March 1, 2021 – Corporate and Strategic Management – Cost of Living Adjustment - Consumer Price Index Adjustment for 2021/22. 2021-126 MOVED by Councillor Veinotte, SECONDED by Councillor Barkhouse that Council approve the annual Consumer Price Index at 0.3% by: • Approving the Draft 2021/22 Employee Salary Bands - Approve the Cost of Living increase by the Consumer Price Index – All Items for Nova Scotia 2020 by 0.3% Effective April 1, 2021. • Recommend the amendment to Policy P-09 Warden, Deputy Warden, and Councillors Salaries - Give Notice of Intention to Amend Policy P-09 Sections A, B, and C to increase annual remuneration Cost of Living by the Consumer Price Index – All Items for Nova Scotia 2020 by 0.3% Effective April 1, 2021. ALL IN FAVOUR. MOTION CARRIED. 9.4 Request for Decision prepared March 4, 2021 – Corporate and Strategic Management – 2021/22 REMO Budget. 2021-127 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that Council approve the 2021/22 REMO Budget with the amount of $40,825.55 being the portion of the Municipality of the District of Chester. DISCUSSION  Clarification was provided on the method used for funding – Uniform Assessment. ALL IN FAVOUR. MOTION CARRIED. 9.5 Emergency Grant Applications: a. Emergency Grant Spreadsheet. b. District 1 Community Centre. c. Through the Years Day Care and Community Centre. d. Royal Canadian Legion Branch 79. e. Hubbards Area Lions Club 2021-128 MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff that the following Emergency Grant Requests be approved:  District 1 Community Centre - $1,000.  Through the Years Day Care and Community Centre - $1,000. Council (continued) March 11, 2021 103  Royal Canadian Legion Branch 79 - $1,000.  Hubbards Area Lions Club - $1,000. ALL IN FAVOUR. MOTION CARRIED. 9.6 April 2021 Calendar for consideration of meeting date changes. The CAO outlined the April meeting calendar which has five Thursdays, proposing that meetings begin on April 8. 2021-129 MOVED by Councillor Church, SECONDED by Deputy Warden Shatford that Council approve the change in meeting schedule for April as follows:  Committee of the Whole – April 8, 2021.  Council – April 15, 2021.  Committee of the Whole – April 22, 2021.  Council – April 29, 2021. ALL IN FAVOUR. MOTION CARRIED. 9.7 Next Steps – Strategic Planning Workshop – Councillor Connors. Councillor Connors commented that she would like to have one more brief discussion following this week’s Strategic Planning Session to tie up any loose ends or to add anything that was not thought of at the time. After discussion, it was agreed to have staff finalize the discussions held on Tuesday and provide a date/time for final discussion during the week of March 22. IN CAMERA There were no “In Camera” items for discussion. ADJOURNMENT 2021-130 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford the meeting adjourn. (11:55 a.m.) ___________________________ ___________________________ Allen Webber Pamela Myra Warden Municipal Clerk MOTIONS FOR COUNCIL APPROVAL FROM MARCH 18, 2021 COMMITTEE OF THE WHOLE MEETING 2021-131 Approval of Agenda and Order of Business 2021-132 Approval of March 4, 2021 Committee of the Whole Minutes 2021-133 TEMPORARY BORROWING RESOLUTIONS MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that the Committee of the Whole recommend to Council to approve the following Temporary Borrowing Resolutions for a total of $1,070,000:  Landfill Scalehouse Software ($30,000);  Landfill D6 Dozer ($490,000); and  Chester Wastewater Treatment Plant for the installation of a UV System ($550,000). ALL IN FAVOUR. ALL IN FAVOUR. MOTION CARRIED. 2021-134 AMENDMENT TO BY-LAW NO 74 MOVED by Councillor Church, SECONDED by Councillor Assaff that the Committee of the Whole recommend to Council to amend By-Law No. 74 Tax Exemption for Charitable, Non-Profit Organizations, Municipal Water Utilities and Licensed Day Cares to add Chester Garden Club to Schedule B. ALL IN FAVOUR. MOTION CARRIED. 2021-135 Adjournment FIRST READING – MARCH 25, 2021 – AMENDMENT TO INCLUDE CHESTER GARDEN CLUB ON SCHEDULE B. RECOMMEND TO REFER TO SECOND READING (WHICH WILL BE HELD FOLLOWING ADVERTISEMENT). Municipality of the District of Chester Tax Exemption for Charitable, Non-Profit Organizations, Municipal Water Utilities and Licensed Day Cares By-Law No. 74 Amendment Effective – October 25, 2017 Notice of Intention to Amend – Council – September 14, 2017 (2017-493) 1st Reading - Council – September 14, 2017 (2017-493) 2nd Reading - Council – October 12, 2017 (2017-542) Effective Date – October 25, 2017 MUNICIPALITY OF THE DISTRICT OF CHESTER TAX EXEMPTION FOR CHARITABLE, NON-PROFIT ORGANIZATIONS, MUNICIPAL WATER UTILITIES AND LICENSED DAY CARES BY-LAW # 74 1. The By-Law shall be known as the Tax Exemption By-Law. 2. The real property of the organizations or institutions named in Schedules "A", "B", "C", “D”, & “E” to this by-law that would otherwise be classified as commercial property shall be exempt or taxed in accordance with the particular schedule as well as the business occupancy of licensed day cares named in Schedule “E”. 3. The partial or total exemption provided in Section 2 shall apply only to that portion of the real property specified in the schedule. 4. When a property, or part thereof, listed in a schedule, ceases to be occupied by the association or for the purposes set out in the schedule then the partial or total exemption from taxation shall cease and the owner of the real property shall immediately be liable for the real property tax on such real property or part thereof for the portion of the year unexpired. 5. This amended By-Law shall have the effect commencing in the Municipal taxation year 2020/21 2017/18. Tax Exemption By-Law #74 (continued) Page 3 of 14 Notice of Intention to Amend – Committee of the Whole – March 18, 2021 (2021-134) 1st Reading - Council – March 25, 2021 2nd Reading - Council – Effective Date – SCHEDULE "A" Properties of a named registered Canadian Charitable organization that is used directly and solely for a charitable purpose to be taxed under Section 71 (1) (a) of the Municipal Government Act in the manner set out in the last two columns of this Schedule. OWNER PROPERTY CHARITABLE NUMBER EXTENT OF APPLICATION EXTENT OF TAX EXEMPTION Chester Brass Band Chester Brass Band Building 6381677 118851427RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Chester Municipal Heritage Society Old CNR Station Chester, NS Account #643793 118851468RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Land, Parcel L Prince, Regent, Central Streets, Chester, NS Account #8179042 118851468RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Land, Museum 133 Central Street Chester, NS Account #2950421 118851468RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Land, Building 82 Union Street Chester, NS Account #00948845 118851468RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Chester Theatre Society Land, Building Chester, NS Account #4752988 127727444RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Tax Exemption By-Law #74 (continued) Page 4 of 14 Notice of Intention to Amend – Committee of the Whole – March 18, 2021 (2021-134) 1st Reading - Council – March 25, 2021 2nd Reading - Council – Effective Date – SCHEDULE A (CONTINUED) OWNER PROPERTY CHARITABLE NUMBER EXTENT OF APPLICATION EXTENT OF TAX EXEMPTION Church Memorial Park Land & Complex Eleanor Pew Morris Memorial Rink, Chester, NS Account #1389424 118859305RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Church Memorial Park Sports Field Account #758205 118859305RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Church Memorial Park Land Chester, Corner of Union and Central Streets Account #8189250 118859305RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. East Chester Recreation Association Land & Buildings East Chester, NS Account #1360698 118890441RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Forties Community Centre Land & Hall Forties, NS Account #1547763 137164265RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Land Forties, NS Account #1273795 137164265RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Shoreham Village Senior Citizens Apartments Association Blood Clinic Account #4254694 107978702RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged Tax Exemption By-Law #74 (continued) Page 5 of 14 Notice of Intention to Amend – Committee of the Whole – March 18, 2021 (2021-134) 1st Reading - Council – March 25, 2021 2nd Reading - Council – Effective Date – SCHEDULE A (CONTINUED) OWNER PROPERTY CHARITABLE NUMBER EXTENT OF APPLICATION EXTENT OF TAX EXEMPTION South Shore Community Services Association Land & School Bonny Lea Farm Windsor Road, NS and Land & Residence Buildings Bonny Lea Farm Windsor Road, NS Account #4373316 107997231RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. United Church of Canada Land & Buildings Youth Camp Forties, NS Account #4718178 119293405RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Western Shore & Area Improvement Association (operating under the name of DMD Amusements) Land & Building Western Shore, NS Account #1240757 899474456RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Wild Rose Park Western Shore 8215596 899474456RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Old Trunk No. 3 Rd. Land, Gold River Account #9484817 899474456RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Chester Art Centre 60 Queen Street, Chester Account #03477312 832872962RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. 62 Queen Street, Chester Account #03477304 832872962RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Our Health Centre 3769 Highway 3, Chester Account #05053455 826869703 RR0001 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Tax Exemption By-Law #74 (continued) Page 6 of 14 Notice of Intention to Amend – Committee of the Whole – March 18, 2021 (2021-134) 1st Reading - Council – March 25, 2021 2nd Reading - Council – Effective Date – SCHEDULE "B" Properties of incorporated non-profit organization which are either community-oriented, charitable, fraternal, educational, recreational, religious, cultural, or sporting organizations and which in the opinion of Council provide an active service, through programs or maintenance of the property, to the Municipality that might otherwise be a responsibility of Council which are to be taxed under Section 71 (1) (b) of the Municipal Government Act to the extent set out in the last two columns of this Schedule. OWNER PROPERTY EXTENT OF APPLICATION EXTENT OF EXEMPTION Aspotogan Heritage Trust Society Land Lot 99-1-B Barn Highway 329, Hubbards Account #9184023 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Land Lot 99-1-A Highway 329, Hubbards Account #9317465 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Basin Recreation Park Comm. Land, Lower Grant Road Account #5576768 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Canaan Community Club (Canaan District Hall Association) Land & Building Canaan, NS Account #637173 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. East River Village Hall Land & Building East Chester, NS Account #1361007 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Hubbards Area Lions Club Land & Building Fox Point, NS Account #2090538 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Schedule B continued next page Tax Exemption By-Law #74 (continued) Page 7 of 14 Notice of Intention to Amend – Committee of the Whole – March 18, 2021 (2021-134) 1st Reading - Council – March 25, 2021 2nd Reading - Council – Effective Date – SCHEDULE B (CONTINUED) OWNER PROPERTY EXTENT OF APPLICATION EXTENT OF EXEMPTION Municipality of Chester/ Aspotogan Heritage Trust 103 No 329 Hwy Lot A Hubbards Account #1076205 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Old No 3 Hwy Lot G Hubbards Account #9181687 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Old No 3 Hwy Lot F Hubbards Account #9181695 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Old No 3 Hwy Lot E Hubbards Account #9181709 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Old No 3 Hwy Lot C Hubbards Account #9181717 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Aspotogan Heritage Trust Land Lot 05-1 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Ocean Swells Community Association Land, Hall 2726 Highway 329 Northwest Cove Account #889377 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. New Ross District Museum Society 4670 No. 12 Hwy Lot B-A-D New Ross Account #05266033 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Tax Exemption By-Law #74 (continued) Page 8 of 14 Notice of Intention to Amend – Committee of the Whole – March 18, 2021 (2021-134) 1st Reading - Council – March 25, 2021 2nd Reading - Council – Effective Date – SCHEDULE B (CONTINUED) OWNER PROPERTY EXTENT OF APPLICATION EXTENT OF EXEMPTION District 1 Fire Commissioners Land, Fire Hall Road Account #02614367 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Helping Hands to Enrich Learning & Lifestyles Programming Society Land & Building 419 Highway 329, Fox Point Account #3392104 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Hubbards Yacht Club Land and Building 215 Highway 329 10236975 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. New Ross Farmers Association Land and Buildings 5024 and 5032 Highway 12 New Ross 03491323 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Trustees of Chester Garden Club Water Street Chester Account #10858615 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Tax Exemption By-Law #74 (continued) Page 9 of 14 Notice of Intention to Amend – Committee of the Whole – March 18, 2021 (2021-134) 1st Reading - Council – March 25, 2021 2nd Reading - Council – Effective Date – SCHEDULE "C" The Council may, by By-Law, to the extent and under the conditions set out in the by-law, provide that the tax payable with respect to all or part of the taxable commercial property of any non-profit community, charitable, fraternal, educational, recreational, religious, cultural or sporting organization named in the by-law be reduced to the tax that would otherwise be payable if the property were a residential property, inclusive of area rates as set out in 71(2) of the Municipal Government Act as is determined by Council from year to year to the extent set out in column three. OWNER PROPERTY EXTENT OF APPLICATION EXTENT OF EXEMPTION Captain Kidd Rod & Gun Club Land & Building East Chester, NS Account #663255 The Whole The Residential Rate is applied rather than the Commercial Rate. Area rates for other municipal services will be charged. Chester Yacht Club Land & Building South Street, Chester, NS Account #730033 The Whole The Residential Rate is applied rather than the Commercial Rate. Area rates for other municipal services will be charged. Clarke Lodge No. 61 A.F. & A.M. Land & Building Queen Street, Chester, NS Account #805645 The Whole The Residential Rate is applied rather than the Commercial Rate. Area rates for other municipal services will be charged. Norwood Lodge No. 135 A.F. & A.M. Land & Building New Ross, NS Account #3542777 The Whole The Residential Rate is applied rather than the Commercial Rate. Area rates for other municipal services will be charged. The Thunderbird Recreation Association Land East River, NS Account #5053692 The Whole The Residential Rate is applied rather than the Commercial Rate. Area rates for other municipal services will be charged. Land & Hall East River Account #359289 The Whole The Residential Rate is applied rather than the Commercial Rate. Area rates for other municipal services will be charged. Chester Golf Club Land & Buildings 120, 206, 212 Golf Course Road, Chester Account #00729779 The Whole The Residential Rate is applied rather than the Commercial Rate. Area rates for other municipal services will be charged. Tax Exemption By-Law #74 (continued) Page 10 of 14 Notice of Intention to Amend – Committee of the Whole – March 18, 2021 (2021-134) 1st Reading - Council – March 25, 2021 2nd Reading - Council – Effective Date – SCHEDULE "D" Buildings, pump stations, deep well pumps, main transmission lines, distribution lines, meters and associated plant and equipment of a municipal water utility under Section 71(1) (e) of the Municipal Government Act to the extent set out in the last two columns of this Schedule. OWNER PROPERTY EXTENT OF APPLICATION EXTENT OF APPLICATION Municipality of the District of Chester Mill Cove Water Utility Account Number 9490450 The Whole 100% of commercial property tax. Area rates for other municipal services will be charged. Tax Exemption By-Law #74 (continued) Page 11 of 14 Notice of Intention to Amend – Committee of the Whole – March 18, 2021 (2021-134) 1st Reading - Council – March 25, 2021 2nd Reading - Council – Effective Date – SCHEDULE E The Council may, by By-Law, exempt any day care licensed under the Day Care Act from taxes payable in respect of commercial and business occupancy assessment. Properties to be taxed under Section 71A and 71B of the Municipal Government Act in the manner set out in the last two columns of this Schedule. OWNER PROPERTY EXTENT OF APPLICATION EXTENT OF EXEMPTION Brenda Cook-Forest Ocean View Children=s Centre 1540564 Land, Dwellings, Day Care Buildings Commercial The Residential Rate is applied rather than the Commercial Rate. Area rates for other municipal services will be charged. DRAFT – 1ST NOTICE – AMENDMENT TO REMUNERATION AS PER CPI OF 0.3% Municipality of the District of Chester Remuneration of Warden, Deputy Warden and Councillors Policy P-09 Amended Effective: April 1, 2020 April 1, 2021 Remuneration of Warden, Deputy Warden and Councillors Policy P-09 2 Notice of Intention to Amend – Committee of the Whole March 4, 2021 First Notice – Council – March 11, 2021 Second/Final Notice – Council – March 25, 2021 Effective Date – April 1, 2021 MUNICIPALITY OF THE DISTRICT OF CHESTER POLICY P-09 REMUNERATION WARDEN, DEPUTY WARDEN AND COUNCILLORS 2020/21 2021/22 BE IT RESOLVED that the remuneration of the Warden and Councillors shall be as follows: A. The Warden shall be paid a base salary of $48,883.16 $49,029.81 (an increase of $12.22 per month) per annum, payable monthly. B. The Deputy Warden shall be paid a base salary of $25,581.53 $25,658.27 (an increase of $6.40 per month) per annum, payable monthly. C. All remaining Councillors shall be paid a base salary of $22,384.48 $22,451.63 (an increase of $5.60 per month) per annum, payable monthly. D. Annually the Municipal Council considers the cost-of-living increase which has taken place over the previous year and will approve an increase in the level of compensation which is to be payable to all employees of the Municipality under Section 5.3.1. The percentage increase approved for staff will also apply to the remuneration paid to the Warden, Deputy Warden and Councillors. E. All Councillors, including the Warden and Deputy Warden, in addition to the payments set forth above, shall be paid an allowance for travel for kilometres travelled once each day for going to and returning from every daily session of the Council or a Committee or attendance at every Board Meeting or other function if this attendance is as a representative of Council. The allowance for travel will be a per km rate reimbursed at the provincial rate. F. A Warden or Deputy Warden and Councillors who miss more than three (3) Council or Committee meetings in any year without leave of Council shall have the sum of $55.00 per missed meeting deducted from any salary paid to such individual. H. This Resolution shall take effect on the 1st day of April 2020 2021. Remuneration of Warden, Deputy Warden and Councillors Policy P-09 3 Notice of Intention to Amend – Committee of the Whole March 4, 2021 First Notice – Council – March 11, 2021 Second/Final Notice – Council – March 25, 2021 Effective Date – April 1, 2021 RECORD OF ADOPTION/AMENDMENTS Effective Date Reason for Adoption/Amendment April 1, 2017 2017-135 – Approval of Cost of Living (CPI) of 1.2% approved by Council on March 16, 2017. July 31, 2017 Amendment to change all policies with mileage references to reflect use of provincial mileage rate. April 1, 2018 2018-105/111 - Approval of Cost of Living (CPI) of 1.1% approved by Council on March 8, 2018. January 1, 2019 2018-567/2019-003 - Approval of increase to maintain same net income after elimination of the one-third tax free allowance. April 1, 2019 2019-121/134 – Approval of Cost of Living (Consumer Price Index) by 2.2% approved by Council on March 28, 2019. April 1, 2020 2020-140 – Approval of Cost of Living (Consumer Price Index) by 1.6% approved by Council on April 2, 2020. REQUEST FOR DECISION Prepared By: Tara Maguire, Deputy CAO Date March 19, 2021 Reviewed By: Date Authorized By: Dan McDougall, CAO Date March 19, 2021 CURRENT SITUATION Fire Services for the areas of Districts 1, 3 and 7 that are not covered by Fire Department are provided by the Chester Village Fire Department. The Municipality contracts for these services with the Chester Village Commission. The last current contract began in April 2016 and it expires March 31, 2021. We also have an MOU with the Village Commission and Chester Volunteer Fire Department that establishes a Joint Fire Advisory Board. The MOU with CVFD forms part of contract. RECOMMENDATION It is recommended that Council approve an extension to the existing contract for a three month period ending July 1, 2021 and authorize the Warden and CAO to execute the agreement for the extension. DISCUSSION A negotiating committee, with support from staff and the municipal solicitor are currently in the process of negotiating a new contract with the Village Commission. In order to provide sufficient time to include the Chester Fire Department in the discussions, and to finalize the terms, it is necessary to extend the terms of the existing contract. A three-month extension will allow for all three parties to continue discussions. All parties seem keen to finalize negotiations in a timely manner. IMPLICATIONS Policy None. Financial/Budgetary None. REPORT TO: Council MEETING DATE: March 19, 2021 SUBMITTED BY: Corporate & Strategic Management SUBJECT: Chester Village Fire Contract Extension ORIGIN: 2 Request for Decision Environmental None. Strategic Plan Communication. Work Program Implications This can be accommodated within the current workplan. Has Legal review been completed? _ X __ Yes ___ No _ __ N/A OPTIONS 1. Extend the current contract for a three-month term. 2. Do not extend the current contract and provide direction to staff. ATTACHMENTS Draft contract COMMUNICATIONS (INTERNAL/EXTERNAL) SRL/sls W200-574 EXTENSION AGREEMENT BETWEEN: VILLAGE OF CHESTER, a body corporate pursuant to the Municipal Government Act 1998, c 18, s.1 (hereinafter referred to as “the Village”) - and - CHESTER VOLUNTEER FIRE DEPARTMENT, a society incorporated pursuant to the Societies Act, R.S., c. 435, s. 1 (hereinafter referred to as “CVFD”) - and - MUNICIPALITY OF THE DISTRICT OF CHESTER, a body corporate pursuant to the Municipal Government Act 1998, c. 18, s. 1 (hereinafter referred to as “Municipality”) WHEREAS by a Memorandum of Understanding (the MOU) dated February 13, 2016, the parties hereto agreed to the creation of a Joint Fire Service Committee and which said MOU had a term ending March 31, 2021; AND WHEREAS the Municipality as the Village entered into an Agreement dated March 3, 2016 whereby the Village, through the CVFD agreed to provide fire protection services to the Outside Area for a five (5) year term ending March 31, 2021; AND WHEREAS the parties hereto have agreed to the extension of the terms of both the MOU and the Agreement as set out herein. NOW THIS AGREEMENT WITNESSETH that in consideration of foregoing recitals and other good and valuable consideration, the parties hereto mutually agree as follows: 1.That the Municipality, the Village and CVFD hereby agree that the term of the MOU shall be extended for three (3) months from March 31, 2021 to July 1, 2021 with all terms and conditions to remain in full force and effect. Page 1 of 2 2.That the Municipality and the Village hereby agree that the Agreement shall be extended for three (3) months from March 31, 2021 to July 1, 2021 with all terms and conditions to remain in full force and effect. 3.The parties hereto agree that this extension constitutes an amendment to the MOU as set out in paragraph 11 thereto and an amendment to the Agreement as set out in paragraph 8(a) thereto. IN WITNESS WHEREOF the parties hereto have executed this Extension Agreement on the day and year first above written. SIGNED, SEALED AND DELIVERED ) )Village of Chester ) ) )Per: Witness ) )Per: ) )Chester Volunteer Fire Department ) ) )Per: Witness ) ) )Per: )Municipality of the District of Chester ) ) )Per: Witness ) ) )Per: Page 2 of 2 BETWEEN: Memorandum of Understanding Village of Chester, a body corporate pursuant to the Municipal Gover-nmentAct 1998, c. 18, s.. 1. AND- The Chester Volunteer Fire Department, a society incorporated pursuant to the Societies Act. R.S., c. 435,, s. 1. AND- MUNICIPALITY OF THE DISTRICT OF CHESTER, a body corporate pursuant to the Municipal GovernnnentAct 1998, c. 18, s. 1. WHEREAS the Village of Chester (the Village), through the Chester Volunteer Fire Department CVFD), has provided fire protection to the Village of Chester itself and by contract with the Municipality of the District of Chester (the Municipality), to Council District #7, the Easterly portion of District #3 outside the Village of Chester and the Westerly portion of District #1 which would include the remainder of East Chester and all of East River, (the Outside Areas); AND WHEREAS CVFD, by way of a verbal commitment to the Village has agreed to provide Fire Protection to the Outside Areas commencing April 1, 2016 and terminating on March 3 151. 2021 AND WHEREAS the Municipality and the Village have agreed to enter into another Fire Protection Contract which is intended to cover the financial arrangements for Fire Protection to the Outside Areas forthe next five (5) years; AND WHEREAS the Fire Protection Contract is conditional upon the establishment by the CVFD, ofaJointFire Services Committee that will be mandated to advise the Village Commission and Municipal Council on all aspects of Fire Protection and to provide a forum through which electors of the Village and rate payers within the Outside Areas may voice their concerns or suggestions regarding the Fire Protection Services provided by the CVFD. NOW THEREFORE THIS AGREEMENT WITNESSES that, in consideration of the covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, the parties hereto hereby covenant and agree as follows: CVFD Commitments The CVFD confirms that it will continue to provide fire protections services to the Village of Chester andthe Outside Areas. 2. The CVFD confirms that it will form a Joint Fire Services Committee with the following mandate: a) To provide an avenue through which residents of the Village and rate payers in the Outside Areas can communicate with the CVFD inrelation to the Fire Protection Services provided; and b) To report to the Village Commission and Municipal Council with respect to all aspects of Fire Protection Services. 3, The Joint Fire Services Committee will consist of 9 members, 3 members from the membership of the CVFD, 3 electors from within the Village boundaries, and 3 rate payers from the Outside Areas. 4. It is understood and agreed that the Committee members from the Village will be selected and appointed by the Village Commission and that the Committee members from the Outside Areas will be selected and appointed by Council for the Municipality. 5. The CVFD will negotiate with the Village in relation to the remaining terms of reference for the Committee. General Terms 6. This Agreement is at -will and may be modified by mutual consent of authorized officials from the Village and the CVFD, This Agreement shall become effective upon signature by the authorized officials from the Village and the CVFD and will remain in effect until modified or terminated by any one of the partners by mutual consent. In the absence of mutual agreement by the authorized officials from the Village and the CVFD this Agreement shall end on March 3 ist, 2021. 7. In the event that the parties fail to resolve, amongst themselves, any dispute relating to the provisions of this Agreement, the parties shall seek a settlement of the conflict by the following processes: a) First, the parties shall submit their dispute to mediation; b) If the parties are unable to reach a mediated agreement, the matter shall be referred to arbitration pursuant to the provisions of the Commercial Arbitration Act of the Province of Nova Scotia. 8. For the purpose of service of notice, the address of the Village shall be as follows: The Clerk Village of Chester P.O. Box 620 Chester, Nova Scotia BOJ 1JO For the purpose of service of notice, the address of the CVFD shall be as follows: Fire Chief Chester Volunteer Fire Department P.O. Box 564 Chester, N.S. BOJ 1JO For the purpose of service of notice, the address of the District shall be as follows: The Clerk The Municipality of the District of Chester P.O. Box 369 Chester, N.S. BOJ 1J0 9. This Agreement shall be construed and enforced in accordance with the laws of the Province of Nova Scotia and the Parties hereto irrevocably attom to the exclusive jurisdiction of the courts of such Province. 10. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision will be deemed to be severable. 11. No amendments, waiver or termination of this Agreement will be binding unless executed in writing by the parties to be bound hereby. No waiver of any of any provision of this Agreement will be deemed or will constitute a waiver of any other provision, nor will any such waiver constitute a continuing waiver unless expressly provided. 12. This Agreement shall ensure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. ecj-etry ZZ, aoi(O IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and year first above written. SIGNED, SEALEDAND DELIVERED ) hl "'AA -ML - WITNESS Chester V lunteer Fi partrnent Per: Per: -------- ---- Village of Chester Per: Per: WITNESS ) aM14 M1° Municipality ofthe Distri9h Qf Chest r" Per: , .. Per: r WI ESS ) THIS AGREEMENT made this day of March 2016; BETWEEN: and MUNICIPALITY OF THE DISTRICT OF CHESTER, a Municipality within the Province of Nova Scotia; hereinafter called the "MUNICIPALITY" OF THE FIRST PART VILLAGE OF CHESTER, a body corporate pursuant to the Municipal Government Act, of Chester, in the County of Lunenburg and Province of Nova Scotia; hereinafter called the "VILLAGE" OF THE SECOND PART WHEREAS the Village, through the Chester Volunteer Fire Department (CVFD), has provided Fire Protection to the Village of Chester itself and by contract with the Municipality, to Council District 47, the Easterly portion of District #3 outside the Village of Chester and the Westerly portion of District #1 which would include the remainder of East Chester and all of East River (per Appendix A "the Outside Areas"); AND WHEREAS the CVFD has committed, in a written Memorandum of Understanding dated 0,;l3//I, , to continue the provision of Fire Protection Services to the Outside Areas and to assist in establishing a Joint Fire Services Committee (JFSC) that will be mandated, for the duration of this Contract, to advise the Village Commission and Municipal Council on all aspects of Fire Protection Services to the Village and Outside Areas and to provide a forum through which electors of the Village and rate payers within the Outside Areas may voice their concerns or suggestions regarding the Fire Protection Services provided by the CVFD, AND WHEREAS the Municipality and the Village have agreed to enter into another written Agreement to cover the financial arrangements for Fire Protection Services to the Outside Areas for the next five (5) years; NOW THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements hereinafter contained, and other good and valuable consideration, the parties to this Agreement agree with one another as follows: Z. The Village, through and by way of the CVFD, agrees to provide Fire Protection Service to the Outside Areas commencing April 1, 2026 and terminating on March 3 2st, 2021 under the terms and conditions as hereinafter set out; Fire Protection Services shall include the full range of services currently provided by the Chester Volunteer Fire Department, PROPOSED FIRE SERVICE AGREEMENT (subject to SNSMR) February 13, 2016 2 2. (a) THAT for each year of the Agreement, the Municipality agrees to pay to the Village for Fire Protection provided to the Outside Areas in an amount to be calculated by applying an Area Rate to the total Annual Taxable Assessment, being the total assessed value of properties assessed residential, commercial and resource in any one year for the Outside Area, in which the Area rate is calculated as follows: Operating Budget for Chester Volunteer Fire Department Total Annual Assessment for Fire Service Area (Outside Area /Village x 100 = Area Rate b) That the Area Rate applied charged to the Outside Area shall not be greater than the Area Rate charged within the Village of Chester for Fire Protection c) That the Municipality may agree to fund capital, upon which the rate shall be adjusted to accommodate the same, to be calculated in the same manner as noted in sub clause 2(a) 3. THATthe Municipality agrees to pay to the Village in each year of this Agreement, the amounts calculated pursuant to the preceding paragraph. Payment by the Municipality to the Village shall be made on a semi- annual basis and made in the months of July and December of each fiscal year. Payment arrangements may be varied from time to time by mutual agreement between the parties, 4. THAT the Municipality and the Village both acknowledge that unforeseen expenses with respect to existing assets or unforeseen expenses relating to the provision of Fire Protection Services, may occur by reason of circumstances that are beyond the control of the Village and/or circumstances were unknown to the Village, As these unforeseen expenses will have the effect of increasing the cost of providing Fire Protection to the Outside Areas, both parties wish to express in this Agreement their intention to re -negotiate the amounts to be paid under this Agreement if these unforeseen expenses should occur, The Village agrees to provide not less than one (1) month written notice to the Municipality of any intention to renegotiate due to such unforeseen expenses. On or before the expiration of the one (1) month notice period, the Village shall provide to the Municipality and estimate of the total amount of the unforeseen expenses and the total amount of additional monies the Village will be seeking from the Municipality. Upon the expiration of the one (1) month notice period, the Municipality and the Village will attempt, through negotiations, to reach an agreement regarding the Municipality's contribution to the unforeseen expenses. Should the parties prove unable to reach an agreement in relation to contribution, the parties agree to follow the dispute resolution process outlined in section 8 of this Agreement. 5. THAT notwithstanding any other provision of this Agreement, either party may terminate this Agreement upon serving not less than two (2) years written notice effective upon the date that notice is given and upon the expiration of any such notice period, this Agreement shall be of no further force or effect and the Municipality shall pay the Village on a prorated basis for all the services performed to the date of termination, PROPOSED FIRE SERVICE AGREEMENT (subject to SNSMR) February 13, 2016 a) THAT the Municipality hereby recognizes that the Village is able to enter into this Agreement through and by way of a written Memorandum of Understanding datedC Owith the CVFD to provide the service and that the Parties hereto agree that if the CVFD is unable to provide the service for any reason whatsoever, such that the Village is not able to continue Fire Protection Services as contemplated under this Agreement, then the Parties hereto acknowledge that upon being notified in writing by the Village of such withdrawal of services by the CVFD, that this Agreement shall be terminated upon the date of such written notification by the Village subject to the provisions of paragraph #6(B)- That if the foregoing should occur such that this Agreement is terminated, then the Municipality will not hold either the Village or the Commissioners in their personal capacity responsible under the terms of this Agreement. in the event of the termination pursuant to this paragraph, then all monies paid in advance by the Municipality to the Village for Fire Protection shall be refunded to the Municipality on a pro -rated basis. b) THAT should this Agreement be terminated pursuant to paragraph 6(A), the parties acknowledge and agree that it would be essential in the public interest that they continue to co-operate to ensure that Fire Protection continues for the affected area which would comprise District 43, including the Village of Chester, District #7 and the Westerly portion of District #I. To that end, the parties agree that the Fire Protection Assets of the Village including the Fire Station itself, would be made available to the Municipality on an interim basis of up to two (2) years for the purpose of providing alternate Fire Protection for the affected area. During that interim period, the parties further acknowledge and agree that various issues would have to be addressed and agreed to at that time which would include but would not be limited to the following: i) the use of the Village Assets including the Fire Station by Outside Fire Departments parties other than CVFD; ii) the Municipality shall have exclusive use of the equipment during the term of this contract, provided however that the equipment, unless otherwise agreed to by the Village, shall continue to be situated in the Village and shall not be removed from the Village or garaged elsewhere except for when it is actively called out and used for the purposes of providing fire protection and related services, and/or such time or times for the purpose of maintenance and repair or as directed by the Village,- III) illage; iii) reasonable compensation to the Village for the use of its Assets including the Fire Station; iv) cost of insuring the Village owned Assets while being used by the Municipality; v) maintenance and repair costs of those assets while being used by the Municipality; vi) adjustments to the Area Rates as charged by the Municipality and the Village within the affected area to reflect the manner that Fire Protection is then being provided with the view of maintaining a common area rate throughout District 43; vii) the Fong term provision of Fire Protection within the affected areas. PROPOSED FIRE SERVICE AGREEME NT (subject to SNSMR) February 13, 2016 4 i. In the event that the parties fail to resolve, amongst themselves, any dispute relating to the provisions of this Agreement, the parties shall seek a settlement of the dispute by the following processes: a) First, the parties shall submit their dispute to mediation, b) If the parties are unable to reach a mediated agreement, the matter shall be referred to arbitration pursuant to the provisions of the Commercial Arbitration Act of the Province of Nova Scotia. 8. THAT the parties acknowledge and agree that: a) The Agreement shall not be varied or amended except by written agreement of both Parties. b) No waiver of the terms, conditions, warranties, covenants, and agreements set out herein shall be of any force and effect unless the same is reduced to writing and executed by all parties hereto and no waiver of any of the provisions of this Agreement will constitute a waiver of any other provision (whether or not similar) and no waiver will constitute a continuing waiver unless otherwise expressly provided. 9. (a) In the event that any provision of the Agreement should be found to be invalid, the provision shall be severed and the Agreement read without reference to that provision. b) Where any provision of the Agreement has been severed in accordance with Section 11 and that severance materially affects the implementation of this Agreement, the parties agree to meet to resolve any issues that may arise as a result of that severance and to amend this Agreement accordingly. 10, The provisions of this Agreement will be governed and interpreted in accordance with the laws of the Province of Nova Scotia, as applicable. 11. The Agreement ensures to the benefit and is binding upon the Parties and their respective heirs, executors, administrators, successors, and assigns. 12. THAT for the purpose of notice to be served pursuant to this Agreement, such notice shall deemed to be served on the other on either the day it is personally served or on the second day after it being mailed by local mail postage prepaid to the address indicated below. For the purpose of service of notice, the address of the Village shall be as follows: The Clerk Village of Chester P.O, Box 620 Chester, Nova Scotia BOJ 1JO PROPOSED FIRE SERVICE AGREEMENT (subject to SNSMR) Februiry 13, 2016 For the purpose of service of notice, the address of the Municipality shall be as follows: The Clerk The Municipality of the District of Chester P.O. Box 369 Chester, N.S. BOJ 1JO IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and year first above written. SIGNED, SEALED AND DELIVERED 1n the presence of Witness } Witness ) Witn s ) Witness 1 PROPOSED FIRE SERVICE AGREEMENT (subject to SN5MR) February 13, 2016 MUNICIPALITY OF THE DISTRICT OF CHESTER Per: o. ALLEN B. W Bi3E ARDEN fi 4 tWft rLSC N , C- A tn s'a u `° CO3 PA -M— L `SRA -CLERK VILLAGE OF CHESTER Per: WILLIAM ZINCCK, JR., CHAIR 9 IRIS TOLLIVER, CLERK AMondix A— Outside Area Westerly portion of District #1 POLLING DIVISION NO. s - EAST RIVER Comprising East River Point and East River, bounded as follows: BEGINNING by the seashore at the mouth of the brook flowing into Mountain Cove; thence northerly up the brook to Route 3; thence northerly to tite outlet of Labrador Lake; thence up Labrador Lake and Barry's Brook to the boundary of Council District 7; thence northeasterly following the boundary of Council District 7 to Timber .Lake at Indian Run; thence southeasterly following the boundary of Council District 2 to Route 3 at the western boundary of the St. Anthony - St. Augustine Cemetery; thence southeasterly following the boundary of Council District 2 to the Little East River; thence southwesterly down the Little East River to the seashore at its mouth; thence northerly following the seashore to the place of beginning. POLLING. Di VI ION NO. 6„-SOUII? COVE, Comprising Scotch Cove, Goat Lake, Squid Cove and Otter Point bounded as follows: BEGINNING on the seashore at the causeway leading to Graves Island; thence northwesterly following the northern boundary of the Graves Island Road (#664) and the projection thereof to the boundary of Council District 7 near Spectacle Lake; thence northeasterly following the boundary of District 7 to Barry's Brook; thence southeasterly down Barry's Brook to the outlet of Labrador Lake; thence southerly to Route 3 at the brook flowing into Mountain Cove; thence southeasterly down tine brook to the seashore; thence westerly following the seashore to the place of beginning, District No. 7 Chester Nest Comprising Sherwood, Armstrong Road, Canaan, Windsor Road, Marriott's Cove, Robinson's Corner, Middle River (East Side), and Middle River Road, described as follows: BEGINNING at the intersection of Middle River and the waters of Mahone Bay; THENCE northerly along Middle River to the eastern end of Cork -um Lake (The Grant Stillwater) at its outflow into Middle River; THENCE northeasterly in a straight line to a point on the Chester Grant Road (Highway #678) which point is one and one-half (1,5) kilometres west of the intersection of the Chester Grant Road with the Windsor Road (Trunk 14); THENCE northerly in a straight line to the southwestern end of Whitney Lake at its outlet; THENCE northeasterly in a straight line to the intersection of the Halifax County Line with the western shore of Little Otter Lake; T14ENCE southeasterly along the Halifax County Line to the southeastern shore of Timber Lake; THENCE along the south side of Timber Lake to its inlet at Indian Run; THENCE southerly in a straight line to the outlet of Spectacle Lake at Spectacle Lake Mill Brook; THENCE southerly and westerly following Spectacle Lake Mill Brook to Stanford Lake; THENCE southerly along the eastern shore of Stanford Lake to the boundary line of District No, 3; THENCE westerly and southerly following the boundary of District No. 3 to the waters of Mahone Bay at the outlet of Frost Fish Brook; THENCE southeasterly through the waters of Halfmoon Cove and Mahone Bay, passing easterly of Big Gooseberry Island, Little Gooseberry Island, Clay Island and Birch Island, to the boundary of Lunenburg Municipality; THENCE northwesterly through the waters of Mahone Bay and Chester Basin, passing westerly of Birch Island, Clay Island, Soceombes Island and Shaw Island to the place of beginning, District No. 3 - Chester - East Chester Comprising the Village of Chester, Chester Commons, East Chester, and Graves Island, described as follows; BEGINNING at a point at high water mark, at what is known as Frost Fish Brook, and following the boundary of the Village of Chester, as follows; THENCE following the different courses of said Brook to the northern line of the Canadian National Railway lands; THENCE along the northern line of the Canadian National Railway lands to the base line of the Old Windsor Road lots; THFNCE along said base line until it comes to the south line of Howard Webber's property; THENCE easterly along the south line of said Webber`s property at the Haddon Hifi Road (Highway 668); THENCE in a straight line following the boundary of the Village of Chester to the southeastern shore of Stanford Lake, the foregoing courses being shown on a plan of survey by S. Edgar March dated December 26, 1939; THENCE northeasterly following the boundary of District 7 to the boundary of District I near Spectacle fake, THENCE southeasterly following the boundary of District I to a point midway between Saddle Island and Snake Island; THENCE southerly, westerly and northwesterly through the waters of Mahone Bay to the place of beginning;, passing to the south of Lynch Island and Quaker Island, passing between Big Fish Island and Little Gooseberry Island, and passing between Little Fish Island and Big Gooseberry Island. PO Box 620 Chester, .MV BOJ .I JO Tel (902) 275-9982 Fax (902) 275-2021 iris(ci i4l/ ngeqfchester,or r February 16, 2016 Allen Webber, Warden Municipality of the District of Chester 151 King St., PO Box 369 Chester, NS BOJ 1J0 Dear Allen, Further to the Fire Service Conti -act, we are writing to formally acknowledge that the operating budget upon which the Area Rate is calculated pursuant to subclause 2(a) shall not include contributions to reserve funds or debt service payments for capital items acquired within the periods of this contract, unless otherwise agreed to by both parties, and shall be based upon the Operating Expenses required for the Fire Protection Services. The Commission will continue to provide a copy of the Operating Budget detailing these expenses to the Municipality when the budget has been approved. Best regards, Village of Chester Commission CC: William Zinck Jr., Chair Michael Heisler, Vice Chair Bill Nauss, Commissioner Ray Cambria, Commissioner Dave Foley, Commissioner REQUEST FOR DECISION/DIRECTION Prepared By: Greg Jonah, C.E.T. Date March 15, 2021 Reviewed By: Christa Rafuse, P. Eng. Date Authorized By: Dan McDougall, CAO Date March 15, 2021 CURRENT SITUATION The Municipality of Chester, owns and maintains the Aspotogan Wharf, located at 3327 Hwy 329 in Bachman’s Cove. Able Engineering & Land Surveying Services was engaged by the Municipality to prepare a Request for Quotation (RFQ). Prospective firms were solicited through an open competition to demolish the existing wharf and construct a new similar wharf. All submissions received were significantly over the engineering cost estimate and budget allocation for this project. RECOMMENDATION It is respectfully recommended by Infrastructure and Operations that Council reject both submissions and direct staff to manage the wharf replacement project internally using PW Staff, and the current contractor under contract for the provision of Heavy Equipment as much as practical, and, following the procurement policy, secure other contractors as needed. BACKGROUND The Aspotogan wharf in Bachman’s Cove is believed to have been constructed in the 1960’s and measures approximately 18 X 25 feet. The wharf consists of a rock ballasted creosoted timber crib that has been capped with concrete. REPORT TO: Municipal Council SUBMITTED BY: Infrastructure and Operations DATE: March 18, 2021 SUBJECT: Aspotogan Wharf ORIGIN: Procurement 2 Request For Decision Able Engineering & Land Surveying Services was contracted in late 2019 to complete a condition assessment. Although the driveway, concrete deck and wheel guard, and some of the timbers are in relatively good condition, the underlying timber crib support sub-structure is in poor condition. The wharf is therefore considered to be in poor condition overall. The assessment concluded that the wharf has reached the end of its useful life and should be replaced or removed. Due to the age and poor condition of the existing wharf, repair is not considered to be economically feasible and is therefore not recommended. In April 2020, MOC Council directed staff to proceed with the demolition and removal of the existing structure, and construct a new, similar wharf at an estimated cost of $140,000. DISCUSSION Over the spring and summer of 2020, Able Engineering completed the engineering services related to the wharf replacement project. This included completing detailed design drawings and preparation of the tender documents. The cost for replacing the wharf with a similar structure was estimated at $145,700 net HST. MOC issued an RFQ for the Aspotogan Wharf Replacement (MODC-T-2020-008) on August 8, 2020, with a closing date of September 25, 2020. Evaluation of the submission was based on the following point-based criteria: Criteria Points Cost 40 Proposed Warranty, Terms and Conditions 20 Deliverables and Specifications 20 References and history 5 After Sales service 15 Total 100 Two submissions were received and evaluated. Dexter Construction Limited scored highest and was deemed best value. Both submissions however significantly 3 Request For Decision exceeded the estimated cost and allocated budget with the lowest price being more than twice the engineering estimate. The total estimated cost to complete the project by awarding to Dexter Construction, including a 10% construction contingency and engineering costs, would be $352,800 Net HST. Proceeding with the Dexter proposal is still an option though not recommended due to the cost being significantly over the original estimate and allocated budget. MOC has received a proposal from Able Engineering to complete the Engineering services required to pursue an alternative wharf design. Able Engineering has suggested that pursuing this option would allow MOC to replace the existing wharf with a new wharf within the budget allowance. With the current volatility and demand in the market, and increase in costs of materials, there is a risk selecting this option could lead to a repeat of all submissions significantly exceeding the estimated cost and budgeted expense. Staff are prepared to manage the project “in-house”. This would involve breaking the project into 8 phases. MOC would use PW staff, the current contractors under contract for the provision of heavy equipment, and other contractors secured in accordance with the procurement policy to complete the project. Phases for the project are further detailed in the table below. Description of phase To be completed by Estimated cost Environmental protection Contracted Heavy Equipment Contractor and PW Staff $2,500 Demo and remove existing wharf including disposal Contracted Heavy Equipment Contractor $18,000 Construct new wharf Contractor hired as per Procurement Policy $88,000 Back fill wharf Contracted Heavy Equipment Contractor $3,500 Concrete deck Contractor hired as per Procurement Policy $11,000 Install fencing Contractor hired as per Procurement Policy $2,000 4 Request For Decision Install swing gates Contracted Heavy Equipment Contractor and PW Staff $2,300 Driveway and parking improvements, and clean- up Contracted Heavy Equipment Contractor and PW Staff $1,200 Subtotal $128,500 Net HST $5,526 Total $134,026 Barring a reasonable replacement option, the alternative is to remove the wharf and restore / stabilize the site. The total estimated cost for removing the wharf and stabilizing the site, including all past and future engineering fees related to this project and a 10% construction contingency, is $117,750 Net HST. FINANCIAL IMPLICATIONS The 2020-21 capital budget allocates $150,000 for this project funded through operating revenue. Any unpsent funds in 20/21 will be added to the projected surplus at year end. Staff would recommend that this surplus be directed to operating reserves and that the wharf project expense for this project be funded from operating reserve.  Awarding the project to Dexter Construction will require an estimated additional expense of $202,800. Funding options for this expense is through operating reserves, borrowing, or from gas tax reserves. For example, Council may choose to fund 33% of the total expense ($116,400) from gas tax reserves, with the remaining $86,400 from operating reserves or borrowing.  To date, MOC has spent $12,500 Net HST in engineering design and procurement costs associated with this project. Reengaging Able Engineering to pursue design alternatives will result in an estimated additional expense of $13,700 Net HST. This would result in a remaining budget of $123,800 for the wharf replacement with no guarantee that proposals would come back within budget. 5 Request For Decision  Managing the project internally would allow staff the flexibility of working with contractors’ schedules to achieve maximum value. Additionally, each phase would be completed independent of other phases. This option would result in an estimated additional expense of $134,026 net HST with an estimated total project cost (including previous engineering costs) of $147,000 Net HST.  Removing the wharf and restoring / stabilizing the shoreline would result in an estimated total expense of $117,750 net HST, $32,250 under budget. STRATEGIC PLANNING GOALS 1. Maintain a high level of fiscal responsibility; 2. Continually improve public satisfaction with Municipal services; 3. Ensure sufficient infrastructure is available to best serve our residents and businesses; 4. Strengthen and support environmental, cultural, and social resources. OPTIONS 1. Award the project to Dexter Construction for $352,800 Net HST, and approve an additional expenditure of $202,800 funded as directed by Council. 2. Reject both submissions on account of them significantly exceeding the estimated cost and allocated budget and direct staff to: a. Manage the wharf replacement project internally using PW Staff, and the current contractor under contract for the provision of Heavy Equipment as much as practical, and following the procurement policy to secure other contractors as needed. b. Reengage Able Engineering to proceed with an alternative design and tender package with the intention of publicly soliciting the wharf replacement project. c. Have the wharf demolished and removed, and the shoreline restored and stabilized for an estimated cost of $117,750. 6 Request For Decision 3. Direct staff to gather additional information as directed by council and report back to council. District Council Grants 2020 - 2021 Updated March 18, 2021 Requested Approved Chester Art Centre: Open Studio Outreach Program 500.00$ 500.00$ FHCS: Grad Event Support 200.00$ 200.00$ Heritage Handwork: Facility Rental 500.00$ 500.00$ TOTAL FUNDS APPROVED 1,200.00$ TOTAL FUNDS REMAINING 3,800.00$ Aspotogan Arts & Crafts: Covid Supplies & Contactless Card Reader 500.00$ Fox Point Mill Cove Beach Committee: Deck at MC Beach 1,200.00$ Aspotogan Heritage Trust: Street Light Project 1,200.00$ 1,200.00$ Hubbards Area Lions Club: Pumping of Oil Tank 600.00$ 600.00$ Hubbards Community Waterfront Association: Washrooms 500.00$ 500.00$ FHCS: Grad Event Support 200.00$ 200.00$ Through The Years Daycare: Operating Costs During Pandemic 500.00$ 500.00$ Hubbards Area Lions Club: Christmas with Santa 300.00$ 300.00$ TOTAL FUNDS APPROVED 3,300.00$ TOTAL FUNDS REMAINING 1,700.00$ Chester Art Centre: Open Studio Outreach Program 500.00$ 500.00$ Chester Castaways: 2020-21 Season 500.00$ 500.00$ Chester Merchants Association: Christmas in the Village Event 500.00$ 500.00$ Chester Playhouse: Christmas in the Village Event 500.00$ 500.00$ Church Memorial Park: Community Garden 750.00$ 750.00$ FHCS: Grad Event Support 200.00$ 200.00$ St. Stephens Parish (Musical Friends): Purchase Instruments 500.00$ 500.00$ TOTAL FUNDS APPROVED 3,450.00$ TOTAL FUNDS REMAINING 1,550.00$ Forest Heights Community School: Outdoor Eqpm & Seating 1,300.00$ Chester Basin Fire Department: Laptop & DNR Gear 1,000.00$ 1,000.00$ FHCS: Grad Event Support 200.00$ 200.00$ South Shore Pipes & Drums Association: Instructors 1,000.00$ 1,000.00$ Basin Rec Park: Facility Upgrades 1,500.00$ 1,500.00$ TOTAL FUNDS APPROVED 3,700.00$ TOTAL FUNDS REMAINING 1,300.00$ Together We Can: Halloween & Christmas Events 1,500.00$ 1,500.00$ Western Shore & District Fire Department: Halloween Event 1,000.00$ 1,000.00$ FHCS: Grad Event Support 200.00$ 200.00$ Western Shore & Area Improvement: Halloween Event 1,000.00$ 1,000.00$ Western Shore & Area Improvement: Christmas Wreaths 375.00$ 375.00$ TOTAL FUNDS APPROVED 4,075.00$ TOTAL FUNDS REMAINING 925.00$ New Ross Consolidated School: SAC community initiatives 400.00$ New Ross Reg Dev. Soc.: Update Stra Dev Plan Rural Beautification 1,000.00$ New Ross Trails Society: Trail building tools, shovels, rakes, axes, etc 1,900.00$ FHCS: Grad Event Support 200.00$ 200.00$ Forties Community Centre: Oktoberfest Event 500.00$ 500.00$ New Ross Community Care Centre 1,000.00$ 1,000.00$ TOTAL FUNDS APPROVED 1,700.00$ TOTAL FUNDS REMAINING 3,300.00$ Chester Art Centre: Open Studio Outreach Program 500.00$ 500.00$ Chester Castaways: 2020-21 Season 1,000.00$ 1,000.00$ Church Memorial Park: Community Garden 750.00$ 750.00$ FHCS: Grad Event Support 200.00$ 200.00$ TOTAL FUNDS APPROVED 2,450.00$ TOTAL FUNDS REMAINING 2,550.00$ Total Funds Approved 19,875.00$ Total District Grant Budget 35,000.00$ Remaining Funds 15,125.00$ District 7 District 1 District 2 District 3 District 4 District 5 District 6 MUNICIPALITY OF THE DISTRICT OF CHESTER GRANT APPLICATION FORM District Council Grant Request Name of Organization: Contact Person: Mailing Address: Email: Phone: Name Signature Date _______________________________________ _______________________________________ ___________________________________ Amount Requested: $__________________________________ Municipal District # ________________ Please provide a brief description of your project or event : _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ Please provide a brief description of how you plan to spend any Council Grant funding received: _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________ If funding is approved, who should the cheque be made payable to: ________________________________________________ Please forward applications to the following: Director of Community Development and Recreation “District Council Grant” Municipality of the District of Chester PO Box 369 Chester NS B0J 1J0 Email: chaughn@chester.ca Fox Point/Mill Cove Beach Committee Kim Perrier Hubbards, NS B0J 1T0 Kim Perrier March 17, 2021 1,200.00 2 replacing deck at Mill Cove Beach, increase in lumber prices due to Covid Buying material to replace deck at Mill Cove Beach (approximately costing $4,000.00) Fox Point, Mill Cove Beach Committee REQUEST FOR DECISION Prepared By: Bruce Blackwood Date March 18, 2021 Reviewed By: Tara Maguire Date March 18, 2021 Authorized By: Dan McDougall Date March 18, 2021 CURRENT SITUATION Fire and Emergency Services are provided to the Municipality by 6 Fire Commissions and their associated Fire Departments in Martins River (District 5), Western Shore (District 5), Chester Basin (District 4), New Ross (District 6), Hubbards (District 2), and Blandford (District 1). The Chester Village Commission, through the Chester Volunteer Fire Department, provides fire and emergency services to the Chester Village (District 3) and under contract with the Municipality to the Outside Areas in District 1 (Partial) and District 7. Due to Covid-19, in April 2020, Council amended the registration Policy P33 (for 2020), extending the deadline for the annual registration updates and acceptance of the fire tax rates approved by the Commissions without reference to their Annual General meetings. Although significantly delayed, documentation has now been received to complete the annual registration updates for 2020. RECOMMENDATION To complete the annual updates process for 2020, it is recommended that the P-33 (April 9, 2020) registration updates be brought to Council for approval and Schedule B confirmation of 2020/2021 registration notifications be sent to the individual Commissions. With reference to the Hubbard’s District 2 Commission, the Schedule B confirmation should include a reminder of the need to provide the audited financial statements up to the year ending March 31, 2020 and resolution of the default status with Joint Stocks should be sent with their Schedule B notifications. With reference to the Western Shore District 5 Commission, the Schedule B confirmation should include a reminder of the need to provide the audited financial statements for the year ending March 31, 2020. REPORT TO: Municipal Council SUBMITTED BY: Bruce Blackwood, Fire Services Coordinator DATE: March 15, 2021 SUBJECT: Fire Services Registration 2020-2021 ORIGIN: Policy P33 (April 9, 2020) 2 Request For Decision BACKGROUND Policy P-33 (April 9, 2020) requires that each Fire and Emergency Service agency provide the Municipality with appropriate operational evidence annually of its ability to provide the services it has registered. The fire tax rate to be levied for the next year to fund such services, proof of appropriate liability and firefighter insurance coverage and audited financial statements from the prior year are required. Information received from the Chester Village Commission, Fire Commissions, and the Fire Departments on Schedule A (Services) and Schedule C (Fire Tax Rate) of Policy P33 has been reviewed by the Fire Service Coordinator. It is noted that it is the responsibility of the Commission /Fire Department to bring any limitations on registered services to the attention of the Municipality. Registration data submitted indicate that the Fire Departments are adequately funded (by Commissions), equipped and trained to provide the service levels that they have currently registered. DISCUSSION A summary of the key registration data for 2020 with notes to significant changes is attached. Highlights of the registration review are provided following. 1. Fire Tax Rates: Confirmations of approved tax rates for 2020 are on file from all Commissions and the VOC: a. The fire tax rate for the Chester Village (District 3) has been maintained at 7.40 cents/$100 assessment. The same rate has been applied to the Outside Areas (District 7 and part 1) b. The fire boat tax rate for MOC Islands has been set at 7.3 cents/$100 assessment. (increase of 2 cents/$100 assessment from the previous year.) c. There were no changes to the fire tax rates in the other Districts. (Range 10.5 cents to 20 cents /$100 assessment) 2. Financials: Financial information for the past period received and on file with the Municipality is summarized in the table following: Fire District Financial Documents submitted Blandford (#1) Grant Thornton: (Audited) Financial Statement 03/31/2020 Chester (# 1,3,7) Moore Brewster Lake: (Audited) VOC Financial Statement 03/31/2020 Chester Basin (#4) Beliveau Veinotte (Audited) Financial Statement 03/31/2020 Hubbards (#2) Grant Thornton: Audit 03/31/2020 on file. (Audit of 03/31/2020 pending) Martins River (#5) Grant Thornton:(Audited) Financial Statement 03/31/2020 New Ross (#6) Grant Thornton: (Audited) Financial Statement 03/31/2020 Western Shore (#5) Grant Thornton: Audit of 03/31/2019 on file. (Audit of 03/31/2020 pending) 3 Request For Decision It is noted that the District 2 Fire Commission has continued great efforts to secure the required audited financials from past years. The audit of the 2020 period is currently underway with Grant Thornton. It is noted that the Western Shore District 5 Commission is awaiting the audit as being prepared by Grant Thornton. 3. Corporate Status Policy P-33 requires that all Fire and/or Emergency Service providers be a body corporate (not for profit) in good standing. The Commissions remain incorporated under the Rural Fire District Act, MGA (Village) or specific local statute. The Fire Departments are incorporated under the Societies Act and are required to register with NS Joint Stocks annually. All fire departments with the exclusion of Hubbard’s Fire Department are in good standing with the Joints Stocks Registry. Once all financial audits are completed, District 2 will submit documentation to Joints Stocks, pay any penalties, request the Default be removed and the registration be recorded as active and in good standing. MODC’s legal counsel has previously advised that although the status of a Fire Department with the Registry of Joint Stock Companies is in default, to date the Registrar has not struck any from the Registry. Thus, the Hubbards Fire Department is still a Body Corporate which is what is required under the Municipal Government Act for us to register the Department. The risk remains however, that given a continuing default status, the Register could strike the Society from the Register at any time. To date here has been no indication of such actions. 4. Insurances: Five departments continue with the group policy from Arthur J Gallagher (Cowan). Chester FD is insured with the same through the Village Commission.) Martins River has insurance with BFL through the Municipality of the District of Lunenburg. Additional environmental coverage on oil storage tanks continues to be held by Hubbards and New Ross with Encon. Directors’ liability and bonding coverage for the Commissions has been maintained . Martins River, under the MODL policy, does not currently have this coverage. MOC retained its FD General Liability coverage at $ 10 million and the additional accident and disability coverage non-member volunteers who occasionally do work for the Fire Departments. With the passing of Bill 204 the Municipalities across Nova Scotia were mandated to provide basic Worker’s Compensation Board (WCB) insurance coverage to the volunteer firefighters. Effective October 2020, in accordance with current legislation, MOC registered over 180 volunteer firefighters from its 6 Departments (Martins River is registered through MODL). WCB coverage has been provided for 2020/21 at the basic rate of $0.47/ $100 payroll with the basic salary set at $ 10,200 and cap of $ 62,000 annually. Premiums are paid for by MOC. First year costs are estimated at under $ 10,000. These rates are subject to change annually based on experience 4 Request For Decision ratings for fire service claims. The rate for the volunteers is entirely separate and has no impact on our WCB rates for the Municipality. All fire departments have retained their current private policies. WCB does not preclude the use of these policies where possible to supplement their benefits as a second payer. The MOC, Commissions and Departments continue to review insurance coverage and benefits to our volunteers. 5. Registered Service levels: An overview of registered service levels shows: a. Due to Covid-19 restrictions and EHS Policy, our Fire Departments were not dispatched to routine medical calls during 2020. b. There were no major changes in the other fire service levels currently registered. c. There were no changes in the Fire District boundaries although the established boundary between Martins River and Western Shore Fire Districts continues remains under review (since 2018) with the Minister of Municipal Affairs. d. Except for the Chester Fire Department, which is registered at the Operational level, service levels for hazmat response remain at the Awareness level . Hazmat response is currently available from Kings County or HRM. 6. Emergency Calls: (Reference 2020 YE Fire Department Call Report Summary) An overview of emergency calls shows: a. The total number of calls across MOC decreased significantly by 343 calls or approximately 8.7% from 809 in 2019 to 466 in 2020. b. Due to Covid-19 Public Health guidelines and EHS Policy, fire departments were not permitted to respond to medical calls in their districts. The number of medical calls dropped drastically with only 86 reported prior to the Covid restrictions were put in e ffect. Prior years averaged over 350 medical responses annually. Training by EHS and supplies of protective equipment are being supplied to Fire Departments to position them to again respond to cardiac arrest and other serious medical incidents in their di stricts. c. Structure fires increased significantly 2020 with 11 incidents, representing 2.4 % of the total calls across the Municipality. d. Non-structural fires increased as well with 96 incidents e .g. chimney, grass, vehicle fires and represented approximately 20.6 % of total calls. e. The number of Motor Vehicle Accidents responses decreased from 94 in 2019 to 49 in 2020. f. The number of “other” responses by our departments decreased from 104 in 2019 to 73 in 2020. These types of calls (many adverse weather related) fall outside of the typical classifications and are not fire related. e.g. flooded basement, power lines down, etc. g. False alarms have decreased slightly from 67 in 2019 to 52 in 2020 representing approximately 8 % of our total calls. Chester FD continues to record the highest number of false alarms due to a higher level of buildings equipped with monitored fire alarm systems. Educational articles concerning the False Alarm By-law continue to be issued. 5 Request For Decision 7. Operations: An overview of current operations shows: a. There were no changes in the Chiefs of the 7 fire Departments in 2020. b. There were no major injuries to our firefighters in 2020. c. Volunteer membership in each department has remained steady at approximately 200 volunteer first responders across MOC. d. Recruitment and retention remain a concern with the Departments. Day coverage continues to be problematic. e. Mutual and automatic aid agreements amongst the MOC Departments are required to provide an adequate response to major emergencies. f. The Junior Firefighter programs continue at 4 of the 7 Departments. g. Departments continue to work on the review of the Fire Risk Assessment. h. MOC continues to fund respiratory protection mask fit testing for all Departments. i. MOC firefighters continue to pursue Level 1 Training for Interior Firefighters j. The review of fire dispatch services continues through the Fires Services Association of Nova Scotia (FSANS). IMPLICATIONS Fire Services registration remains in effect unless revoked by the Municipality or as requested by any specific Commission or Fire Department. De-registration of any particular service provider would have serious impact on district fire protection and public safety. For this reason, P33 requires the Commissions and Fire Departments provide an annual update on fires services governance and operational status, providing evidence for the Municipality to ensure the registered serv ices can be effectively provided and any deficiencies addressed in a timely manner. Policy Requirements in accordance with Policy P 33 (April 9, 2020). Financial/Budgetary Fire Services continue to be funded through the fire tax levy. Environmental No Impact. Strategic Plan Reference to: • Maintain a high level of fiscal responsibility • Continually improve public satisfaction with municipal services Work Program Implications Covered in work program of Fire Services Coordinator. 6 Request For Decision OPTIONS The following options are presented: 1. Per Policy P-33 (April 9, 2020) the registrations summary be brought to Council for approval. Upon approval, Schedule B confirmation of registration notifications be sent to the individual Commissions. A reminder of the need of finalizing the audited financial statements up to the year ending March 31, 2020 and resolution of the default status with Joint Stocks be sent with the Schedule B notifications to the Hubbards District 2 Commission and a reminder of the need of finalizing the audited financial statements for the year ending March 31, 2020 be sent with the Schedule B notifications to the Western Shore District 5 Commission. 2. Per Policy P-33 (2019) the registrations summary be brought to Council for approval. Upon approval, Schedule B confirmation of registration notifications be sent to the individual Commissions. Hold schedule B approval for Hubbards District 2 pending submission of financial statements for 2020 and resolution of NS Joint Stocks Registry status and that of Western Shore District 5 pending submission of financial statements for 2020. ATTACHMENTS Fire and Emergency Services Registration Summary 2020. COMMUNICATIONS (INTERNAL/EXTERNAL) N/A Emergency Services Registration Summary for 2020/2021 (Per Policy P33 dated April 9, 2020) Fire Commission and Associated Fire Department Fire District Schedule A Services Schedule C Tax Rate 2019/20 (cents per $100 ) FD Annual Renewal with Joint Stocks Joints Stocks Registry # Insurance Liability and Property Insurance Firefighter Sickness and Injury Financials Fire Department Chief Contact Number Hubbards 2 Yes 10.5 (No Change) Pending 1 1273381 AJG 2020 VFIS 2020 2019 GT (Audited) 1 Chief Clary Coolen 902-483-7069 Blandford 1 Yes 13.0 (No Change) 2020-07-11 1258462 AJG 2020 VFIS 2020 GT (Audited) 2020 Chief Mike Schnare 902-275-8730 New Ross 6 Yes 17.0 (No Change) 2020-02-19 3039664 AJG 2020 VFIS 2020 BV (Audited) 2020 Chief Lyle Russell 902-275-8571 Chester Basin 4 Yes 11.0 (No Change) 2020-07-17 (Active) 3032174 AJG 2020 VFIS 2020 BV (Audited) 2020 Chief Doug Rines 902-275-2170 Martins River 5 Yes 20.0 (No Change) cents ) 2020-07-31 2166651 MODL 2020 MODL 2020 GT (Audited) 2020 Chief Stuart Hirtle 902-624-9857 Western Shore 5 Yes 16.0 (No Change) 2020-05-12 2534963 AJG 2020 MCT 2020 GT (Audited) 2019 2 Chief Jamie Hatt 902-275-0271 Chester Village 3 Yes 7.40 (no change) 2020-09-21 3033377 AJG 2020 VFIS 2020 MBL (Audited) 2020 Chief Everett Hiltz 902-275-8303 Chester (Outside) 7, part 1 Yes 7.40 (no change) AJG Arthur J. Gallagher MBL Moore Brewster Lake Chester (Islands) MODC Limited 3 7.3 (up two cents) MODL (BFL) Municipality of Lunenburg MEBA McKee Employee Benefits Administration Changes noted in red. Refer to notes VFIS Vol. FF. Insurance Services MCT MacDonald, Chisholm, Trask GT Grant Thornton BV Belliveau Veinotte Department/District Fire/ Fire Related Medical Emergencies 4 Vehicle Rescue Water Rescue Ice Rescue High Angle Rescue Structural Collapse HAZMAT Ground Search and Rescue Hubbards and District FD District 2 Structural EHS Level 3 Operational Awareness Operational Awareness Awareness Awareness Assistance Blandford and Area Fire Rescue District 1 Structural EHS Level 4 Technician Technician Technician Awareness Awareness Awareness Assistance New Ross FD District 6 Structural EHS Level 4 Technician Awareness Technician Awareness Awareness Awareness Assistance Chester Basin FD District 4 Structural EHS Level 6 Technician Awareness Awareness Awareness Awareness Awareness Assistance Martins River FD District 5 (partial) Structural EHS Level 4 Technician Awareness Awareness Not Equipped Awareness Awareness Assistance Western Shore FD District 5 Structural EHS Level 3 Operational Awareness Operational Awareness Awareness Awareness Assistance Chester FD District 3, 7, Part 1 Structural EHS Level 5 Technician Operational Technician Awareness Not Equipped Operational Assistance Changes noted in red. Refer to notes Emergency Services Registration Summary for 2020/2021 (Per Policy P33 dated April 9, 2020) Note (1): The District 2 Commission has completed the 2019 audit with Grant Thornton. The audit or March 31, 2020 is expected within the next two months. Hubbards Fire Department is registered separately with the Joint Stocks. They are currently in default for not submitting financial statements and non-payment of renewal. This will be resolved with the submission of the audited financial statement as note above. Joints stocks has kept status as Default and h as not to date revoked registration. Note (2): Western Shore District 5 Commission is currently awaiting receipt of the 2020 audit from Grant Thornton. Note (3): Due to the remote nature of the islands, Chester Fire Department has limited capability for fire suppression activities. Excludi ng the winter months, they do operate a boat with mobile water pumps and other firefighting equipment. Note (4): EHS Service levels are noted as registered prior to Covid 19 restrictions. Per EHS policy Fire Departments were not dispatched to medical incidents in 2020. *Prepared from Schedule A data as submitted by Fire Commissions after review with respective Fire Departments. *Reviewed by B. Blackwood, Fire Services Coordinator