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HomeMy Public PortalAbout2017-11-16_Council_Public_Agenda PackagePage 1 of 2 Municipal COUNCIL AGENDA Thursday,November 16, 2017 following Public Hearings Chester Municipal Council Chambers 151 King Street, Chester, NS 1.MEETING CALLED TO ORDER. 2.APPROVAL OF AGENDA/ORDER OF BUSINESS. 3.PUBLIC INPUT SESSION (8:45 a.m. to 9:00 a.m.) 4.MINUTES OF PREVIOUS MEETING: 4.1 Council –October 26, 2017 5.COMMITTEE REPORTS: 5.1 Committee of the Whole –November 2, 2017 –Warden Webber (approval of motions only) 5.2 Committee of the Whole –October 19, 2017 –Deputy Warden Shatford (approval of minutes only) 5.3 Village Area Advisory Committee –September 19, 2017 –Councillor Barkhouse (received minutes only) 5.4 Any other Committees. 6.MATTERS ARISING. 7.CORRESPONDENCE: 7.1 Letter of thanks from Lunenburg County Sport Heritage Society regarding financial support with the establishment of the Lunenburg County “Sport Wall of Fame”. 7.2 Letter of support from the Town of Clark’s Harbour to UNSM President dated October 17, 2017,in support of the Municipality of the District of Barrington’s suggestions to amend the process for adoption of resolutions. 7.3 Letter from Minister Mombourquette, NS Municipal Affairs dated October 27, 2017 regarding Requirement to Notify the UNSM –Municipal Government Act SNS 1998, c. 18, Section 519. Page 2 of 2 8.NEW BUSINESS: 8.1 Request for Direction prepared by Administration Department dated October 30, 2017 regarding Municipal Government Act –Amendments. 8.2 Request for Decision prepared by Recreation and Parks Department regarding Designated Community Fund –New Ross Legion. 8.3 Canada 150 Grant –Return of Funds –Village of Chester. (Deferred from COW Meeting –November 2, 2017). 8.4 Request for Decision prepared by Recreation and Parks Department regarding Council Grant Applications –2nd Round. 8.5 Request for Decision prepared by Engineering and Public Works Department regarding Sewer Assessment Award. 8.6 Request for Decision prepared by Engineering and Public Works dated November 10, 2017 regarding Scope of Work –Chester Water Supply/Socio-Economic Analysis. 8.7 Request for Decision prepared by Administration Department dated November 9, 2017 regarding Phase 2 Environmental Assessment -Lands Leased to Sustane Chester Inc. 8.8 FCM Sustainable Communities Conference –Registration (COW Meeting – November 2,2017). 10.ADJOURNMENT. 9. IN CAMERA: 9.1 Land Negotiations – Business Industrial Park Lands 9.2 Land Negotiations – Simms Settlement MOTIONS REQUIRING APPROVAL OF COUNCIL FROM NOVEMBER 2, 2017 COMMITTEE OF THE WHOLE 2017-589 Approval of agenda/order of business 2017-590 Approval of October 19, 2017 Committee of the Whole Minutes 2017-591 $500 GRANT TO ENGAGE NOVA SCOTIA MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that the Committee of the Whole recommend to Council to provide a $500 grant to Engage Nova Scotia. CARRIED. 2017-592 LETTER TO DNR RE CLOSURE OF PROVINCIAL PARKS MOVED by Deputy Warden Shatford, SECONDED by Councillor Hector that the Committee of the Whole recommend to Council to forward a letter to the Department of Natural Resources expressing Council’s request to have the closure of provincial parks delayed due to our longer warmer fall season. CARRIED. 2017-593 IN CAMERA -Section 22(2)(f) of MGA –Potential Litigation. 2017-594 Adjournment LUNENBURG COUNTY F October 21, 2017 Municipality of Chester 151 King Street, PO Box 369 Chester, NS BOJ 1JO Dear Warden Allen Webber, INCOMING CORRESPONDENCE Copy to Date OCT 2 5 2017 original to " Revfeedd by On behalf of the Lunenburg County Sport Heritage Society, we would like to extend a sincere thank you to the Municipality of Chester for their financial support with the establishment of our new Lunenburg County "Sport Wall of Fame". Your organization has been recognized as a "Founding Supporter" and will have their name placed on our Sport Wall of Fame, which will be unveiled at our first inaugural event at 6:00 p.m. on November 5, 2017 at the Lunenburg County Lifestyle Centre. Please find enclosed two tickets to attend this event. There will be finger foods and a cash bar available during the evening. We look forward to meeting with you in recognition and celebration of sport. Once again, thank you for your support in helping us realize our goals in recognizing our local sport leaders and their achievements. Without your support, this long -overdo project would not have been realized. Sincerely, Carroll Randall, Co -Chair Marilyn Neily, Co -Chair LUNENBURG COUNTY SPORT HERITAGE SOCIETY c/o LCLC 1 135 N. Park St I Bridgewater NS I B4V 9B3 I Facebook - @LCSHS I www.Icsportheritage.com REQUEST FOR DIRECTION Prepared By:Tammy Wilson, MURP, MCIP, CAO Date October 30, 2017 Reviewed By:Date Authorized By:Date CURRENT SITUATION Bill No.10 has received Third Reading with Royal Assent on October 26, 2017.Bill No.10 amends the Municipal Government Act (MGA) to impose specific requirements for municipalities as it relates to Council expenses and Code of Conduct. Specifically, Municipalities will be required to complete the following, with the effective date noted: 1.Adopt an Expense Policy (upon proclamation) 2.Adopt a Hospitality Policy (upon proclamation) 3.Adopt a Code of Conduct Policy (upon proclamation) 4.Have an Audit Committee with one person from the public as a member; Require the Audit Committee to meet at least twice a year (effective Oct 26, 2017) 5.Have an expense report at the end of each fiscal quarter (Council, CAO, other?) that is posted on the website (upon proclamation) RECOMMENDATION That Staff be directed to prepare a report on Best Practices and options for an Expense Policy, Hospitality Policy and Code of Conduct Policy. BACKGROUND The province of Nova Scotia has enacted amendments to the Municipal Government to ensure the accountability and transparency of municipal government. In October 2016,the Minister of Municipal Affairs approached the Union of Nova Scotia Municipalities (UNSM) the Association of Municipal Administrators of Nova Scotia (AMANS) to assist the province in developing improved accountability and transparency regarding council and staff expenses.This was done through the creation of the Joint Municipal Accountability and Transparency Committee (JMAT).. In March 2017, the JMAT submitted a report and recommendations to the Minister of Municipal Affairs.This report recommended,amongst many things, amendments to the Municipal Government Act to: -Require on-line expense reporting REPORT TO:Municipal Council SUBMITTED BY:Administration DATE:October 30, 2017 SUBJECT:Municipal Government Act –Amendments ORIGIN:Chief Administrative Officer 2 Error! Reference source not found./Direction -Adoption of an Expense Policy -Adoption of a Hospitality Policy -Adoption of a Code of Conduct Policy and Compliant Process -Strengthening of an Audit Committee by having one non-municipal rep position; require the Audit Committee to meet twice a year Attached for reference material is the Ombudsman’s Report on Richmond County (November 26, 2017); The final report of the JMAT and Bill No. 10. MODC has an Expense Policy P-30, also attached.MODC does not have a Code of Conduct Policy or a Hospitality Policy. At the August 2017 Council meeting, Staff were directed to revise the Terms of Reference for the Audit Committee to include a member at large (non-council member). This has been assigned to the Director of Finance and a report is pending.At this same meeting staff were directed to develop reporting mechanism on website for Councillor and CAO expenses, which is pending. DISCUSSION Presently the Municipality has a Councillor Expense Policy P-30 that applies to Council travel and meal allowance This policy will require review to ensure consistency with MGA changes and the pending regulations that will be prescribed. Council may wish to direct staff to review and bring back options for consideration that address eligible expenses and submission and approval processes, with a jurisdictional scan for best practices. MODC does not have a Hospitality Policy nor does MODC have a Code of Conduct Policy. Council may wish to direct staff to bring for a report and options for consideration in the drafting of such a policy. IMPLICATIONS Please provide general overview of implications in this cell. Policy P-30 will require review and updating; New Policy Development will be required (Code of Conduct and Hospitality Policy) Financial/Budgetary N/A Environmental Strategic Plan This work is not presently accommodated within the Strategic Priorities Chart. 3 Error! Reference source not found./Direction Work Program Implications The work would be split between Administration (Code of Conduct) and Finance (Expense / Hospitality Policy/ Audit Committee / Posting of Expenses). Adjustment would be required to the priorities for Finance. OPTIONS 1.The requirements for an Expense Policy and Hospital Policy are a mandatory requirement of the MGA. 2.The requirements for a Code of Conduct Policy is a mandatory requirement of the MGA. ATTACHMENTS Policy P-30 Bill No. 10 Ombudsman Report –Richmond November 2016 Joint Municipal Accountability and Transparency Committee Report COMMUNICATIONS (INTERNAL/EXTERNAL) Not applicable at this time. Recommendations Report JMAT – Joint Municipal Accountability and Transparency Committee Submitted to the Deputy Minister of Municipal Affairs March 30, 2017 JMAT Recommendations Report March 2017 2 Contents Introduction ................................................................................................................................ 2 JMAT Committee Members ........................................................................................................ 2 Background ................................................................................................................................ 3 Identified Issues ......................................................................................................................... 3 Comment on Oversight Role: Municipal Auditor General ........................................................... 4 Recommendations Summary of Recommendations ................................................................................................. 4 Appendix: Detailed Recommendations ..................................................................................... 7 Appendix: Visual Summary of Recommendations ...................................................................11 Introduction In December 2016, the JMAT (Joint Municipal Accountability and Transparency) Committee was established. Committee members include representatives from the Union of Nova Scotia Municipalities (UNSM), the Association of Municipal Administrators Nova Scotia (AMANS) and the Department of Municipal Affairs (DMA). JMAT’s mandate as identified by the committee Terms of Reference is to:  Ensure that mechanisms are in place to support the requirement of transparency and accountability to the public;  Strengthen local government expense policies;  Increase transparency of local government staff and elected officials’ expenses to the public;  Improve audit function on staff and elected officials’ expenses; and  Recommend amendments to the Municipal Government Act (MGA) where applicable. JMAT’s timeline was to provide recommendations to the Minister of Municipal Affairs by March 31st 2017. By submitting this document, JMAT has completed its mandate and the Committee is no longer active. JMAT Committee Members Bruce Morrison, Warden, Municipality of the County of Victoria (UNSM member) Sandra Snow, Mayor, Town of Kentville (UNSM member) Lois MacCormick, Chair, Village of Bible Hill (Association of Nova Scotia Villages) Greg Herrett, CAO, Town of Amherst (AMANS member) Mike Dolter, CAO, Town of Truro (AMANS member) JMAT Recommendations Report March 2017 3 Shannon Bennett, Director of Governance and Advisory Services, DMA Emily Pond, Municipal Advisor, DMA Ex-officio members: Janice Wentzell, Executive Director, AMANS Betty MacDonald, Executive Director, UNSM Background Recently concerns have surfaced in Nova Scotia regarding management of the expenses of municipal staff and elected officials. Issues have been raised in the media and in a 2016 report from the Office of the Ombudsman. JMAT would like to acknowledge that although issues have been identified, the Committee’s position is most municipalities in Nova Scotia are currently managing CAO and council expenses appropriately; however, overall there is room for improvement. If JMAT’s recommendations are accepted and implemented, these changes will make a significant impact towards improving transparency and accountability in this area of municipal governance in Nova Scotia. Identified Issues JMAT identified broad issues in relation to municipal accountability and transparency with respect to municipal staff and council expenses. The issues include: o The public want to know that municipal funds are spent responsibly. o There’s no formal mechanism for municipal elected officials or staff to report concerns with respect to expenses. o Strong leadership on the part of elected officials and Chief Administrative Officers (CAOs) is important. o There are no clear consequences for violating expense policies and no one dedicated to enforcing compliance. o DMA’s role in enforcing municipal compliance with respect to the MGA is generally not clear. o Expense policies and practices vary between municipalities. o Standard financial internal controls are not consistently applied by all municipalities. o There is no requirement for municipal audit committees to have an independent member. o The scope of municipal audits and the content of auditor management letters could be improved. In the process of developing their own recommendations, JMAT reviewed over sixty prior recommendations that came from various sources including:  Grant Thorton Audit Report, in relation to the Municipality of the County of Richmond, July 31st 2015;  Boyne Clarke report, overseeing Grant Thorton Forensic Investigation, Municipality of the County of Richmond, October 13, 2016; JMAT Recommendations Report March 2017 4  Office of the Ombudsman Final Report, Municipality of the County of Richmond, October 28, 2016;  Any public correspondence received by the department; and  Input from members of the UNSM as a result of a special meeting held in February 2017 on the issue of expenses and expense reporting. Comment on Oversight Role: Municipal Auditor General It should be noted that JMAT discussed the need for third party oversight in relation to municipal elected and CAO expenses. Discussion included acknowledgement of the fact that there is currently no municipal auditor general (MAG) for municipalities in Nova Scotia, with the exception of the Halifax Regional Municipality which employs its own MAG. The concept of a municipal auditor general for the other municipalities in Nova Scotia was considered by the province and UNSM several years ago. JMAT’s mandate was to look at the issue of municipal expenses of senior staff and elected officials, and the concept of a municipal auditor general was reviewed within this context. Typically, the scope of a municipal auditor general’s work would be focused on value for money audits, and areas of highest risk. JMAT noted the estimated cost of creating an office for an MAG is some million dollars annually, and felt the rationale for recommending a MAG would have to be based on more than investigating expenses alone. JMAT feels there are better ways to deal with the expense issues. JMAT’s recommendations include consideration of the need to strengthen third party oversight in relation to expenses. These recommendations are: examining the role of Municipal Affairs in relation to municipal compliance with the Municipal Government Act, strengthening the role of the municipal auditor and the audit committee, and creating a complaint process for code of conduct violations which would encompass violations of expense policies. Summary of Recommendations Scope: recommendations apply to all municipalities in Nova Scotia, including the Halifax Regional Municipality and villages. A reference made to amend the MGA also includes an implied reference to amend the Halifax Charter when required. 1. Require municipalities to post expenses online o Amend the MGA to require online reporting of travel, meal and professional development expenses of the CAO and elected officials; o Each expense must be accompanied by an explanation of the business purpose; o Expenses must be posted to each municipalities web site, updated at least every three months (quarterly basis); o Expenses must be posted going forward from the date that legislative changes are proclaimed; o A record of expenses must be maintained online, to include at a minimum the current and prior term of council; JMAT Recommendations Report March 2017 5 o Amend MGA to require use of a standard expense reporting form. The reporting form is to be used online to report expenses to the public. Form to be included in FRAM regulations. 2. Strengthen expense policies and practices o Amend the MGA to require municipalities to adopt an expense policy. The MGA will outline minimum contents which will include: - alcohol not be permitted to be expensed by an individual; - a corporate credit card policy; and - signing authorities. o Amend the MGA to require municipalities to have a hospitality policy. Purchase of alcohol should be permitted only at the corporate level and must be purchased pursuant to a hospitality policy. o Amend the MGA to require that by no later than January 31st following a general election, Council formally review both the expense and hospitality policies and by motion of Council, adopt or amend both policies. o The MGA be amended to require the municipality to file by September 30th of each year, a summary report of CAO and elected officials’ travel, meals and professional development expenses. Regulations, specifically FRAM (Financial Reporting Accounting Manual), be amended to require that this report be signed off by the municipality’s auditor. o JMAT recommends that DMA and UNSM make expense training part of standard orientation for new municipal councilors. 3. Require a code of conduct and a complaint process o Amend MGA to require all municipalities to have a code of conduct for elected officials, include minimum content and consequences if breached. Compliance with the expense policy would be part of the code of conduct. o Develop a formal process for municipal council and staff to report complaints. 4. Strengthen municipal audits and audit committees o Amend the MGA to require that a position be created for at least one independent person on municipal audit committees and require that municipalities to advertise any vacant position. o Amend the MGA to require the Audit Committee to meet at least twice a year. o JMAT recommends as a best practice, municipalities should provide training to the audit committee; referencing section 44 of the MGA. o Regulations (FRAM) be amended to identify areas that must be included in content of municipal auditor management letters. DMA to work with AMANS to develop minimum content requirements. 5. Clarify the role of DMA o DMA should review and clarify its role in relation to municipalities complying with the MGA, and make the review public. o DMA should consider development of a standard risk assessment tool to support municipalities internal control review, along with a standard letter format. JMAT Recommendations Report March 2017 6 6. Other JMAT recommendations CAO Performance Management: o As a best practice, council conduct CAO performance management. o Include as a Governance Indicator, whether Councils are performing CAO performance appraisals on an annual basis Best practices, management of council/CAO expenses: o Expenses for a spouse/partner should not be permitted. o All municipalities use a standard expense claim form. The claim form is used internally to process expense claims. JMAT has developed this form as a resource for municipalities. Best practices, internal controls for expenses of council/CAO: o Adopt the use of per diems as a standard practice as opposed to requiring receipts. o Adopt the following with respect to internal controls for expense reimbursement and reporting:  All credit card charges should be accompanied by detailed receipts. This should be incorporated into expense policies.  As a best practice, JMAT recommends that meal expenses (via per diems or receipts) should not be claimed when meals are provided at meetings/conferences and/or when group meals are covered by one individual on a corporate credit card. This should be reflected in expense policies.  If an individual receives a non-taxable travel allowance, they should be required to keep a travel log. JMAT Recommendations Report March 2017 7 Appendix: Detailed Recommendations 1. Require municipalities to post expenses online The Committee acknowledges that thirteen municipalities are currently posting expenses online in some form and several are in the process of developing reporting space online. The purpose of this recommendation is to bring consistency so that all municipalities are reporting expenses online. JMAT mandate: This recommendation fulfills the committee’s mandate to make recommendations that would “increase transparency of local government staff and elected officials’ expenses to the public”. JMAT’s recommendation is to: amend the MGA to require online reporting of travel, meal and professional development expenses of the CAO and elected officials. Specifically: o Each expense must be accompanied by an explanation of the business purpose; o Expenses must be posted to each municipalities web site, updated at least every three months (quarterly basis); o Expenses must be posted going forward from the date that legislative changes are proclaimed; o A record of expenses must be maintained online, to include at a minimum the current and prior term of council; o Amend MGA to require use of a standard expense reporting form. The reporting form is to be used online to report expenses to the public. Form to be included in FRAM regulations. JMAT is not recommending that the municipalities be required through the MGA to post their corporate hospitality expenses. Although most JMAT members agreed that it may be a best practice to post these types of expenses, the committee did not want to add another element to municipal corporate reporting requirements. 2. Strengthen expense policies and practices Currently almost all municipalities in Nova Scotia have an expense policy. The purpose of this amendment is to make adoption of an expense policy a requirement and to bring consistency to the basic content. Municipalities will have the discretion to add more detail or not to their expense policies. The Committee also felt it was important that all expense policies contain provisions to address expensing of alcohol, credit card use and signing authorities. JMAT mandate: This recommendation fulfills the committee’s mandate to “strengthen local government expense policies”. JMAT’s recommendation is to: o Amend the MGA to require municipalities to adopt an expense policy. The MGA will outline minimum contents which will include: JMAT Recommendations Report March 2017 8 - alcohol not be permitted to be expensed by an individual; - a corporate credit card policy; and - signing authorities. o Amend the MGA to require municipalities to have a hospitality policy. Purchase of alcohol should be permitted only at the corporate level and must be purchased pursuant to a hospitality policy. o Amend the MGA to require that by no later than January 31st following a general election, Council formally review both the expense and hospitality policies and by motion of Council, adopt or amend both policies. o The MGA be amended to require the municipality to file by September 30th of each year, a summary report of CAO and elected officials’ travel, meals and professional development expenses. Regulations, specifically FRAM (Financial Reporting Accounting Manual), be amended to require that this report be signed off by the municipality’s auditor. o JMAT recommends that DMA and UNSM make expense training part of standard orientation for new municipal councilors. 3. Require a code of conduct and a complaint process Many municipalities in Nova Scotia have a code of conduct. The Committee recommends that it be required by the MGA for all municipalities have a code of conduct. The Committee agreed that it is important that the code of conduct include penalty provisions and that a process be developed to handle complaints of code of conduct violations. However, the Committee felt it was out of scope to develop details around how a complaint process would be structured. The specific recommendation from the Committee is to: o Amend MGA to require all municipalities to have a code of conduct for elected officials, include minimum content and consequences if breached. Compliance with the expense policy would be part of the code of conduct. Code of conduct should comment on when the code applies to elected officials. o Develop a formal process for municipal council and staff to report complaints. JMAT mandate: This recommendation fulfills the Committee’s mandate to “Ensure that mechanisms are in place to support transparency and accountability to the public”. 4. Strengthen municipal audits and audit committees Municipalities are required by the MGA to have their annual financial statements audited by a designated municipal auditor. Municipalities are also required via section 44 of the MGA to have an audit committee. However, the MGA does not state any specifics around membership. In many municipalities, membership of the audit committee is all of council; there are no independent members. JMAT’s recommendation is to: o Amend the MGA to require that a position be created for at least one independent person on municipal audit committees and require municipalities to advertise any vacant position. o Amend the MGA to require the Audit Committee to meet at least twice a year. o As a best practice, municipalities should provide training to the audit committee, referencing section 44 of the MGA. JMAT Recommendations Report March 2017 9 o Regulations (FRAM) be amended to identify issue areas that must be included in content of municipal auditor management letters. DMA to work with AMANS to develop minimum content requirements. JMAT mandate: This recommendation fulfills the committee’s mandate to “improve audit function on staff and elected officials’ expenses” and the committee objective to “recommend improve language to strengthen the role of the audit committee.” 5. Clarify the role of DMA JMAT discussed the need for third party oversight with relation to municipal staff and elected expenses. DMA’s role (what it is now, what it should be) in relation to municipal compliance with the MGA came forward as an issue during this discussion. JMAT’s recommendation is: o DMA should review and clarify its role in relation to municipalities complying with the MGA, and make the review public. o DMA should consider development of a standard risk assessment tool to support municipalities internal control review, along with a standard letter format. 6. Other JMAT recommendations CAO Performance Management: JMAT discussed the importance of the role of the CAO in leading municipal administration in all areas. Strong leadership is especially important around expense management. Municipalities should support strong leadership. To this end, JMAT recommends: o As a best practice, council conduct CAO performance management. o Include as a Governance Indicator, whether Councils are performing CAO performance appraisals on an annual basis. JMAT mandate: This recommendation fulfills the Committee’s mandate to “Ensure that mechanisms are in place to support transparency and accountability to the public”. In the process of developing their own recommendations, JMAT reviewed over sixty prior recommendations that came from various sources and reports. Most of the best practice recommendations below stemmed from this review process. Best practices, management of council/CAO expenses: o Expenses for a spouse/partner should not be permitted. o Use a standard expense claim form. Municipalities use claim forms internally to process expense claims. JMAT has developed a standard claim form as a resource for municipalities. Best practices, internal controls for expenses of council/CAO: o Adopt the use of per diems as a standard practice as opposed to requiring receipts. o Adopt the following practices with respect to internal controls for expense reimbursement and reporting:  All credit card charges should be accompanied by detailed receipts. This should be incorporated into expense policies. JMAT Recommendations Report March 2017 10  Meal expenses (via per diems or receipts) should not be claimed when meals are provided at meetings/conferences and/or when group meals are covered by one individual on a corporate credit card. This should be reflected in expense policies.  If an individual receives a non-taxable local travel allowance, they should be required to keep a travel log. JMAT Recommendations Report March 2017 11 Appendix: Visual Summary of Recommendations REQUEST FOR DECISION Prepared By:Chad Haughn Date November 9, 2017 Reviewed By:Tammy Wilson, CAO Date November 10, 2017 Authorized By:Tammy Wilson, CAO Date November 10, 2017 CURRENT SITUATION The second Council / Tourism grants deadline for the 2017-2018 fiscal year was October 31, 2017. Applications have been received and the next step is for Council to review the submissions and make decisions on how the grants budget will be allocated. DISCUSSION Below is a table that outlines the total grants budget, funds approved to date, remaining funds as well as the total of new requests. The individual applications and a summary spreadsheet of the new requests are attached to this report. Council & Tourism Grants Budget Summary COUNCIL TOURISM Total Budget $72,000 $43,000 Funds Approved to Date $48,290 $40,493 Remaining Funds $23,710 $2,507 Total New Requests $8,100 $1,817 Note Special Canada 150 grant funding was distributed to groups in 2017-2018 (total budget of $35,000).As a result, some groups that received Canada 150 funding may have chosen not to apply for Council Grant funding. REPORT TO:Municipal Council SUBMITTED BY:Chad Haughn,Recreation & Parks Department DATE:November 9, 2017 SUBJECT:Council Grants: Fall Allocation ORIGIN:Council Grants Budget 2 Request For Decision/Direction IMPLICATIONS Policy Financial/Budgetary Allocation of Council and Tourism grant funding for 2017-2018. Environmental Strategic Plan Strengthen and support environmental, cultural, and social resources Work Program Implications ATTACHEMENTS1.Copies of all new grant applications.2.The Council & Tourism Grants spreadsheet which details all new grant requests received. REQUEST FOR DECISION/DIRECTION Prepared By:Matthew S. Davidson, P.Eng Date November 8, 2017 Reviewed By:Date Authorized By:Date CURRENT SITUATION On May 18, 2017, Municipal Council approved the 2017-18 Capital and Operating Budget. The Capital Budget included the completion of System Assessment Reports for each of our Municipal Wastewater Treatment Plants, except for the system in New Ross where one was not required by Nova Scotia Environment (NSE). While each report was budgeted for separately, the total budget for all five (5)reports was estimated at $55,000, Net HST. RECOMMENDATION It is recommended that the Municipality award the Municipal Sewer Systems Assessments, as proposed, to CBCL Ltd, Halifax,Nova Scotia for the amount of $ 19,970 plus HST. BACKGROUND The Municipality recently (2016) received new Approvals to Operate our Municipal Wastewater Treatment Plants from NSE. Contained in each approval under Section –Site Specific Conditions was the requirement to complete a System Assessment Report by a specific timeline, for which has been extended recently by NSE (verbally). The Approval to Operate for Western Shore did not include the requirement to complete an Assessment Report, since it was renewed in 2015. However, staff are expecting this requirement to be a part of a new approval yet to be received that relates to the improvements currently taking place at the Western Shore Wastewater Treatment Plant. Therefore, we are completing it now ahead of schedule, so that we have all plants benchmarked at same time, as well as have a clear picture of all capital improvements required. The scope of work for the assessments is very specific and must be completed by a third-party consultant with experience in Wastewater Treatment Facility operations. The scope includes an evaluation of the effluent quality, description of the treatment technology, potential of existing plant, determination of whether the plant can comply with effluent criteria, summary of receiving REPORT TO:Municipal Council SUBMITTED BY:Engineering & Public Works Department DATE:November 8, 2017 SUBJECT:Municipal Sewer System Assessments Engineering Services RFP Award ORIGIN:NSE Approvals to Operate 2 Request For Decision water study, upgrades required to comply with effluent criteria and an assessment of collection system for Inflow and Infiltration accompanied with a schedule for improvements. DISCUSSION Staff issued an RFP on September 19, 2017, which was sent to the three (3) pre-qualified consultants, of which only two (2) responded, CBCL Ltd and ABLE Engineering Ltd (formerly Hiltz & Seamone). The submissions were deemed to be completed and evaluated as per the RFP criteria (i.e. Price and Experience). CBCL Ltd.’s proposal provided a thorough understanding of the project,and detailed experience on projects with similar scope. They proposed a lump sum fee of $19,970.00 plus HST.The level of effort proposed includes a total of 198 work hours. ABLE Engineering Ltd (formerly Hiltz & Seamone)provided a thorough understanding of the project, however they only generally mentioned five (5) construction projects,and no experience with completing system assessments. They proposed a lump sum fee of $28,100 plus HST. The level of effort proposed includes a total of 376 work hours. The evaluation criteria were listed in the RFP, and are summarized below with the scores, based on the proposal as submitted. Proponent Price (50%)Experience (50 %)Total CBCL Limited 50.0 50.0 100.0 Hiltz & Seamone 29.6 30.0 59.6 IMPLICATIONS Policy Procurement would follow P-04, Procurement Policy as recently amended for Engineering Services. Financial/Budgetary The total project budget listed in the 2017-18 Capital Budget is $55,000 net HST; based on the selecting the Consultant with the highest score, staff anticipate the project to be under budget ($34,174.05 net HST) 3 Request For Decision Environmental N/A Strategic Plan 2. Continually improve public satisfaction with municipal services; 3. Ensure sufficient infrastructure is available to best serve our residents and businesses; Work Program Implications The current work plan for the Engineering and Public Works Department included the completion of the Municipal Sewer System Assessment reports. OPTIONS 1.Proceed with award of RFP to the highest rated proposal, as submitted; 2.Defer any decision on the matter and direct staff to bring back further information as identified by Council., ATTACHMENTS 2016-09-19_Project 9 RFP –Sewer Assessments REQUEST FOR DECISION/DIRECTION Prepared By:Matthew S. Davidson, P.Eng Date November 8, 2017 Reviewed By:Tammy S. Wilson, CAO Date November 9, 2017 Authorized By:Tammy S. Wilson, CAO Date November 9,2017 CURRENT SITUATION On September 14, 2017, Council directed staff to determine a scope of work for a Social Economic Assessment in conjunction with the Options Analysis regarding a Village of Chester Central Water System and organize a meeting with the Village Commission to review the scope of work and their involvement. RECOMMENDATION It is recommended that the Municipality award the Social Economic Assessment to CBCL Ltd, at BACKGROUND On December 8, 2016, Council approved (motion 2016-519) the expenditure of up to $60,000 (to be cost shared with the Village Commission) and the terms of reference to include “Village Boundaries” for a Water Survey, subject to Village Commission approval. On February 9, 2017, Council awarded (motion 2017-070) the Village of Chester Central Water System: Needs Assessment and Options Analysis, as proposed, to CBCL Limited, Halifax, NS for $19,713.00 plus HST ($20,558 Net HST).The award and associated fees were for Phase 1 only; specifically,the completion of the Needs Assessment Report. During Phase 1, there were also costs that were incurred that were not included in CBCL’s scope of Work.These fees were associated with the survey, mail services and laboratory testing. Phase 2 (Source Water review, Central water system options and costing) would be done at additional cost,if it was determined there was a clear need. A Needs Assessment was completed by CBCL,with the final report acknowledged by Council at the September 7th, 2017 Committee of the Whole Meeting.While the Assessment did not conclude that there was an absolute need for a Central Water System; one of the recommendations was the completion of a Social Economic Assessment. REPORT TO:Municipal Council SUBMITTED BY:Engineering & Public Works Department DATE:November 8, 2017 SUBJECT:VOC Central Water System: Social- Economic Assessment ORIGIN:Council Motion 2017-470 a total cost of $42,820 plus HST, and this additional work be 50/50 cost shared with the Village of Chester. 2 Request For Decision DISCUSSION While the completion of a Social Economic Assessment is an unexpected step, it will provide valuable insight on differences in socio-economic conditions that would likely exist between the status quo situation (i.e. no central water) and if a central water system were to be constructed for the Village of Chester. Along with the Assessment, options for source water will be reviewed, along with standard treatment options and the associated capital and operating costs. This work was part of the Phase 2 work,previously scoped as part of the Needs Assessment, however, fees were not negotiated. IMPLICATIONS Policy N/A Financial/Budgetary The 2017-18 FY Capital Budget includes a total project budget of $500,000, which includes this phase of work, as well as possible future design work, pending a selected option. On December 8, 2016, Council approved (motion 2016-519) the expenditure of up to $60,000 (to be cost shared with the Village Commission) and the terms of reference to include “Village Boundaries” for a Water Survey, subject to Village Commission approval. Project Costs (Actuals) to date for Phase 1 work amount to $32,821.35 net HST.As previously mentioned these costs relate to Consultant Engineering, survey, mail and Laboratory services. After a meeting with MODC staff to review the scope of work, CBCL Ltd has submitted a proposal with a lump sum project cost of $42,820 plus HST. The scope of work includes a preliminary design to provide ahigher level of confidence in project costs for two (2) different types of source waters, which was always an expectation but fees were not negotiated at the time of approving Phase 1. Furthermore, the scope of work includes the review of impacts (direct and indirect) of a central water system on the community and surrounding area, originally valued at $10,000. While this is an unexpected step, it will provide information to further assist Council in its decision to construct a central water system. It should be noted, that the Social Economic Study does not include drilling any test wells in the area that was identified as a potential ground water source. 3 Request For Decision The total cost to complete the work to date (Phase 1) and the Social Economic Assessment is approximately $77,500 net HST. This is $17,500 over the original project budget of $60,000. Environmental N/A Strategic Plan 2. Continually improve public satisfaction with municipal services; 3.Ensure sufficient infrastructure is available to best serve our residents and businesses; 6. Promote conditions conducive to fostering economic prosperity. Work Program Implications The current capital works program accounts for VOC Water System project.This project is considered a strategic priority. OPTIONS 1.Proceed with Socioeconomic Analysis; 2.Defer any decision on the matter and direct staff to bring back further information as identified by Council ATTACHMENTS REQUEST FOR DECISION Prepared By:Tammy Wilson Date November 9, 2017 Reviewed By:Date Authorized By:Date CURRENT SITUATION Sustane Chester Inc.(Sustane) is required to complete a Phase 2 Environmental Assessment, as part of its lending institutions requirements. The costs of the Phase 2 Assessment is approximately $27,000. MODC’s Lease Agreement essentially requires that Sustane satisfy themselves as to the condition of the lot. That being said, Clause 12 (termination) enables MODC to require Sustane to remediate any site contamination resulting from their occupancy. Presently,there is no baseline data that records the condition of the site prior to Sustane Occupancy. The Phase 2 study would identify this. Presently,MODC uses a tower to spray the effluent from the treatment of leachate over land. The spray does extend into Sustanes land. The Phase 1 report noted that the site may have some saturated areas of treated leachate. Sustane has requested that MODC fund the Phase 2 given the benefit to MODC in identifying any existing site conditions prior to the occupancy of the site by Sustane. RECOMMENDATION That Municipal Council, in recognition of the benefit of the Phase 2 study to both MODC and Sustane, agree to cost share on a 50/50 basis the costs of the Phase 2 study. BACKGROUND On April 19, 2017 MODC and Sustane Chester Inc.entered into a Lease Agreement within which MODC has leased 5 hectares of land to Sustane Chester Inc., the lands upon which Sustane is presently building its material recovery facility for the processing of municipal solid waste. Clause 12 of the Lease Agreement puts obligations on the Lessee (Sustane) to remediate any environmental contamination that may have been the result of their occupancy. REPORT TO:Municipal Council-November 16, 2017 SUBMITTED BY:Tammy Wilson, CAO DATE:November 9, 2017 SUBJECT:PHASE 2 ENVIRONMENTAL ASSESSMENT- MODC LANDS LEASED TO SUSTANE ORIGIN:Request from Sustane-November 8, 2017 2 REQUEST FOR DECISION/Direction Sustane completed a Phase 1 Environmental Assessment which is not an in-depth site evaluation, rather a review of records that may exists. No baseline data presently exists that would assist MODC in identifying the condition of the site prior to Sustane’ s operation. The lease is for a 20-year term and the annual rent is $20,000, with adjustments by the Consumer Price Index after year three. DISCUSSION A Phase 2 Environmental Assessment is of benefit to both MODC and Sustane, as it will enable both parties to identify existing site conditions. It is important to note that there has been some activity on the site by Sustane, being primarily construction. Given the benefit to both parties, consideration should be given to cost sharing in this assessment. Sustane’s request is for MODC to fund this 100%. IMPLICATIONS Policy -n/a Sustane has procured the services thus MODC Procurement Policy does not apply. Financial/Budgetary - Presently there are no budgeted funds for this work. It would either be funded from any year- end surplus or operating reserve. Environmental – A Phase 2 Environmental Assessment will assist in identifying existing site conditions. Strategic Plan -n/a Work Program Implications –n/a OPTIONS The following options are offered: 1.Not consider the request from Sustane and thus not provide funding. 2.Consider the request and fund 50 %, or a less or greater amount. ATTACHMENTS none COMMUNICATIONS (INTERNAL/EXTERNAL) Not Applicable